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Home My WebLink About FULL PACKET_2018-09-04MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 16, 2018 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 2:47 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES (2:52 P.M.) VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS COUNCILMEMBERS Absent: NONE STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS • Susana Sandoval, on behalf of Santa Ana Healthy Neighborhood Alliance, expressed opposition to 700 bed emergency homeless shelter in Santa Ana. Opined shelter of this magnitude is inappropriate or an effective and healthy solution. Expressed concern as to short notice of the closed City Council meeting and opined need to give at least three to five-day notice with an evening meeting. • Dora Lopez, on behalf of Santa Ana Healthy Neighborhood Alliance, opined emergency homeless shelter in Santa Ana is a bad idea, will have a negative impact, and need to take serious consideration to oppose this shelter. • Chris Schmidt, noted city rezoning of SB2 ordinance in 2013 and asked City Council to remember this ordinance when they commence closed session meeting. Expressed concern over other cities not doing their part in addressing homeless issue. •. Lisa Mills, opined any agreement with county should be comprehensive and include all issues related to shelter closures. CITY COUNCIL MINUTES 1 AUGUST 16, 2018 10A-1 • Tim Johnson, opined homeless problem is not going away, need to find homes for homeless, and opportunity to lead. Recessed at 3:08 p.m. to Room 147 for Closed Session discussion. 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: Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18 -0155 -DOC (KESx); 2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: (1 case) 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Peter Brown, Liebert Cassidy and Steven V. Pham, Executive Director of Human Resources Employee Organizations: • Santa Ana Police Officers Association (POA) CLOSED SESSION REPORT - There was no reportable action. ADJOURNED - 3:41 P.M. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 2 AUGUST 16, 2018 10A-2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 21, 2018 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:09 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES (5:35 p.m.) JOSE SOLORIO SAL TINAJERO (5:35 p.m.) JUAN VILLEGAS COUNCILMEMBERS Absent: VICENTE SARMIENTO STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:10 P.M. 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: CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: a. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18 -0155 -DOC (KESx); b. Theresa Le v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2018-0 0988425-C U -C R -CJ C; CITY COUNCIL MINUTES 1 AUGUST 21, 2018 1OB-1 c. Carlos Roias v City of Santa Ana, Orange County Superior Court Case No. 30 -2017 -00946219 -CU -OE -CJ C. 2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: (one case) 3. CONFERENCE WITH LEGAL COUNSEL — POSSIBLE INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: (One case) 4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Peter Brown, Liebert Cassidy and Steven V. Pham, Executive Director of Human Resources Employee Organizations: Santa Ana Police Officers Association (POA) CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be taken at the Regular Meeting which will begin immediately following the Closed Session Meeting. RECESSED CLOSED SESSION AND CONVENED TO THE REGULAR OPEN SESSION. AT 6:17 P.M. CITY COUNCIL MINUTES 2 AUGUST 21, 2018 10 B-2 CALLED TO ORDER REGULAR OPEN SESSION COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:19 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS PLEDGE OF ALLEGIANCE INVOCATION CEREMONIAL PRESENTATIONS COUNCILMEMBERS Absent: VICENTE SARMIENTO STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO DOUG HARDIN, POLICE CHAPLAIN • PROCLAMATION presented by MAYOR PRO TEM MARTINEZ naming August 7, 2018 as Purple Heart Day. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Santa Ana Community Artists Coalition for contributions to the community. • CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to Habitat for Humanity Orange County recognizing their 30th Anniversary and for contributions to the community. • CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to Advanced Learning Academy for contributions to the community. CITY COUNCIL MINUTES 3 AUGUST 21, 2018 10 B-3 CLOSED SESSION REPORT —See Agenda Item 19A for reportable action. PUBLIC COMMENTS (Agendized Items) - None CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar items: Items 10A through 29A. • Councilmember Solorio pulled Agenda item 191 for separate discussion; and • Mayor Pro Tem Martinez recorded a No vote on Agenda Items 10A, 20A and 25H after the Consent Calendar Items had been approved and furthermore, later reconsidered Agenda Item 20A and approved; and commented on Agenda Items 25N and 250."* MOTION: Villegas SECOND: Benavides VOTE: AYES: Benavides, Pulido, Solorio, Villegas (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Martinez**, Tinajero (3) Items removed for separate action or modified are highlighted. Separate actions show tF [actual vote_ Items_ without_ votes are adopted as_part of the consent motion. ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE SPECIAL CLOSED SESSION AND THE REGULAR CLOSED SESSION AND REGULAR MEETING OF JULY 17, 2018 {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office MOTION: Approve Minutes. *Mayor Pro Tem Martinez dissented on Agenda Item 10A. CITY COUNCIL MINUTES 4 AUGUST 21, 2018 10 B-4 BOARDS / COMMISSIONS / COMMITTEES 13A. BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT JANUARY THROUGH JUNE 2018 {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office MOTION: Receive and file. 13B. AGENDA AND MINUTES OF THE MEETING OF YOUTH, EDUCATION AND COMMUNITY SERVICES CITY COUNCIL COMMITTEE HELD APRIL 23, 2018 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Receive and file. 13C. REAPPOINT BRENT BEASELY, ROBERT RUIZ, STACEY SANCHEZ AND ANDY WADHERA TO THE WORKFORCE DEVELOPMENT BOARD FOR A FOUR YEAR TERM EXPIRING MAY 31, 2022 {STRATEGIC PLAN 5,11 — Community Development Agency Workforce Development Board, Executive Committee approved the recommended action at its special meeting of August 8, 2018, by a vote of 4:0 (Alegre and Perez absent). MOTION: Reappoint Brent Beasley, Robert Ruiz, Stacey Sanchez, and Andy Wadhera to the Santa Ana Workforce Development Board for a four- year term expiring May 31, 2022. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office Council authorized staff to initiate a nuisance abatement action against property owner, in the general area of Harbor and Hazard, to stop illegal activity, by a vote of 6-0 (Sarmiento absent). 19B. EXCUSED ABSENCES — Clerk of the Council Office 'Motion to excuse absence from the Regular Open Session was considered during the Housing Authority Session. MOTION. Excuse the absence of Councilmember Sarmiento from said meeting. CITY COUNCIL MINUTES 5 AUGUST 21, 2018 1 OB -5 19C. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR JULY 2018 {STRATEGIC PLAN NO. 5, 11 —Public Works Agency The CIP Executive Summary Schedule is available on the City's website at http://www.santa-ana.org/pwa/documents/ExecutiveMonthlyCIPJulv2018 pdf MOTION: Receive and file. 19D. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSAL FOR EMERGENCY AMBULANCE TRANSPORTATION AND RELATED SERVICES {STRATEGIC PLAN NO. 1, 5} — Finance and Management Services Agency MOTION. Authorize staff to issue a Request for Proposal for Emergency Ambulance Transportation and Related Services. 19E. QUARTERLY REPORTS OF CONTRACTS VALUED AT $25,000 OR LESS ENTERED INTO BY THE CITY MANAGER AS PERMITTED BY CHARTER SECTION 421 {STRATEGIC PLAN NO. 4, 1} — Finance and Management Services Agency MOTION: Receive and file. 19F. QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2018 {STRATEGIC PLAN NO. 4, 1 D} — Finance and Management Services Agency MOTION: Receive and file. 19G. STRATEGIC PLAN MONTHLY REPORT FOR JULY 2018 {STRATEGIC PLAN NO. 5, 1} - City Manager's Office The Strategic Plan Monthly Reports are available on the City's website at: http://www.santa-ana.or,q/strategic-planning . MOTION: Receive and file. 19H. QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES APRIL 2018 — JUNE 2018 {STRATEGIC PLAN NO. 5, 3} — Community Development Agency Community Redevelopment and Housing Commission approved the recommended action on July 25, 2018 by a vote of 7-0 (Cano absent). CITY COUNCIL MINUTES 6 AUGUST 21, 2018 M MOTION: Receive and file. 2018 {STRATEGIC PLAN NOS. 1 6; Councilmember Solorio, noted homeless crises in the City of Santa Ana. Opined much work remains to be done and quality of life team has made a significant impact. Homeless Service Manager, Hafsa Kaka, addressed city council to provide update on homeless initiatives. Noted homeless living in the Civic Center have been provided services and civic center encampment has been addressed. MOTION: Receive and file. MOTION: Solorio SECOND: Villegas VOTE: AYES: Benavides, Pulido, Solorio, Villegas (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Martinez, Tinajero (3) 19J. NEW BUILDING INSTITUTE RESEARCH PROJECT BENEFITING THE CITY OF SANTA ANA REPORT FUNDED BY THE CALIFORNIA ENERGY COMMISSION {STRATEGIC PLAN NO. 6, 21 — Public Works Agency MOTION: Receive and file the California Energy Commission Research Project overview. 19K. APPROVE DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013-014. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. CITY COUNCIL MINUTES 7 AUGUST 21, 2018 10 B-7 Each department makes discretionary decisions on whether to retain records past the minimum requirements. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROVE AN AMENDMENT TO AGREEMENT WITH ELISA STIPKOVICH FOR CONSULTANT SERVICES RELATED TO THIRD AND BROADWAY PROJECT AND AN APPROPRIATION ADJUSTMENT {STRATEGIC PLAN NO. 3, 5A} — Community Development Agency MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with Elisa Stipkovich for consultant services related to the Third and Broadway development project to increase the compensation by an additional $25,000 for a total contract amount not to exceed $50,000, subject to non -substantive changes approved by the City Manager and City Attorney. (AGMT. No. 2018-181). 2. Approve an appropriation adjustment. (Requires rive affirmative votes). APPROPRIATION ADJUSTMENT NO. 2019-10 - Recognizing $53,561.37 in Miscellaneous Revenue Expense Reimbursement account and appropriate the same amount to the Community Development Agency's Economic Development Contract Services expenditure account for the reimbursement agreement with Caribou Industries. *Mayor Pro Tem Martinez dissented on Agenda Item 20A, although later reconsidered vote and approved. Items approved by 5-0 vote (Tinajero and Sarmiento absent) 20B. APPROVE APPRORIATION ADJUSTMENT ACCEPTING ADDITIONAL FISCAL YEAR 2017 HOMELAND SECURITY GRANT PROGRAM FUNDING {STRATEGIC PLAN NO. 1.2, 6} - Police Department MOTION: Approve an appropriation adjustment. (Requires rive affirmative votes). APPROPRIATION ADJUSTMENT NO. 2019-11 - Recognizing $415,000 in the FY 2017 Urban Areas Security Initiative revenue account and appropriate same to expenditures accounts. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES CITY COUNCIL MINUTES ' woo AUGUST 21, 2018 22A. AWARD PURCHASE ORDER TO LOS ANGELES TRUCK CENTERS, LLC, FOR A VOLUMETRIC CEMENT BATCH TRUCK - SPEC. NO. 18-048 {STRATEGIC PLAN NO. 6, 21 - Finance and Management Services Agency; and Public Works Agency MOTION: Authorize a one-time purchase and payment of purchase order to Los Angeles Truck Centers, LLC, for the procurement of one volumetric cement batch truck in the amount of $311,285, plus a $10,000 contingency, for a total amount not to exceed $321,285, subject to non -substantive changes approved by the City Manager and City Attorney. 22B. AWARD PURCHASE ORDER TO IRV SEAVER MOTORCYCLES FOR THE PURCHASE OF POLICE MOTORCYCLES - SPEC. NO. 18-054 {STRATEGIC PLAN NO. 6, 2} - Finance and Management Services Agency; and Police Department MOTION: Authorize a one-time purchase and payment of purchase order to Iry Seaver Motorcycles for the purchase of thirteen police motorcycles in the amount of $348,232; and a $25,000 contract for motorcycle repairs for a total amount not to exceed $373,232, subject to non -substantive changes approved by the City Manager and City Attorney. 22C. AWARD PURCHASE ORDER TO REYNOLDS BUICK/GMC INC. FOR MID- SIZE CREW CAB TRUCKS - SPEC. NO. 18-055 {STRATEGIC PLAN NO. 6, 2} - Finance and Management Services Agency; and Public Works Agency MOTION: Authorize a one-time purchase and payment of purchase order to Reynolds Buick/GMC Inc., for the purchase of five GMC Canyon Crew Cab trucks in the amount of $171,229, subject to non -substantive changes approved by the City Manager and City Attorney. 22D. AWARD PURCHASE ORDER TO RT CONTRACTOR CORP. FOR A PORTLAND LOO RESTROOM AT BIRCH PARK - SPEC. NO. 18-022 {STRATEGIC PLAN NO. 5, 4} - Finance and Management Services Agency; and Parks, Recreation and Community Services Agency MOTION: 1. Cancel the one-time purchase order awarded to P&P Develop,. Inc. May 1, 2018 for installation of a Portland Loo restroom. Vendor is closing its business. 2. Award a one-time purchase and payment of purchase order to RT Contractor Corp. for purchase and installation of a Portland Loo restroom in an amount not to exceed $190,000 plus a $10,000 CITY COUNCIL MINUTES 9 AUGUST 21, 2018 10 B-9 contingency, for a total amount not to exceed $200,000, subject to non -substantive changes approved by the City Manager and City Attorney. 22E. AWARD PURCHASE ORDER TO THEODORE ROBINS INC. FOR THREE FORD TRANSIT VANS - SPEC. NO. 18-050 {STRATEGIC PLAN NO. 6, 21 - Finance and Management Services Agency; and Public Works Agency MOTION: Authorize a one-time purchase and payment of purchase order to Theodore Robins Inc., for the procurement of three Ford transit cargo vans in the amount of $143,055, plus a $6,000 contingency, for a total amount not to exceed $149,055, subject to non -substantive changes approved by the City Manager and City Attorney. 22F. AWARD PURCHASE ORDER TO HYPERTEC USA INC. FOR A THREE YEAR ARUBA CARE MAINTENANCE CONTRACT TO SUPPORT WIRELESS MAINTENANCE - SPEC. NO. 18-062 {STRATEGIC PLAN NO. 6, 11 - Finance and Management Services Agency; and Information Technology Department MOTION: Authorize a one-time purchase and payment of purchase order to Hypertec USA, Inc. for the purchase of a three year Aruba Care wireless maintenance contract expiring July 31, 2021, in the amount of $100,807, subject to non -substantive changes approved by the City Manager and City Attorney. AGREEMENTS 25A. AGREEMENTS FOR WEED, RUBBISH ABATEMENT AND BOARD -UP SERVICES WITH MARIPOSA LANDSCAPES; INC., REAL ESTATE CONSULTING & SERVICES, INC., AND SLS PROPERTY SOLUTIONS, INC. {STRATEGIC PLAN NO. 5,4) - Planning and Building Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute agreements for weed, rubbish abatement and board -up services in an aggregate amount not to exceed $45,000 for a period of three years (effective August 21, 2018 to June 30, 2021), subject to non -substantive changes approved by the City Manager and City Attorney. 1. Mariposa Landscapes, Inc. (AGMT. No. 2018-182), 2. With Real Estate Consulting & Services, Inc. (AGMT. No. 2018-183) and 3. With SLS Property Solutions, Inc. (AGMT. No. 2018-184) 25B. APPROVE AGREEMENT WITH IDS GROUP, INC. FOR LIGHTING AND ELECTRICAL DESIGN OF VARIOUS CITY PARK UPGRADES (PROJECT CITY COUNCIL MINUTES 10 AUGUST 21, 2018 1OB-10 NOS. 18-7524, 18-7533, & 18-2688) {STRATEGIC PLAN NO. 6, 1 G} — Public Works Agency; and Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with IDS Group to provide Electrical Lighting Design Services for three-year term beginning August 21, 2018, through August 20, 2021, in the total amount of $92,690, which includes a design contingency in the amount of $8,427, with an optional one-year extension exercisable by the City Manager and City Attorney, subject to non - substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-185). 25C. APPROVE LEGAL SERVICES AGREEMENT WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO, APLC, RELATED TO ADMINISTRATIVE AND LITIGATION MATTERS FOR PERSONNEL, POLICE, AND GENERAL LIABILITY {STRATEGIC PLAN NO. 1, 3, 4, 51 — City Attorney's Office and Human Resources Department MOTION: Authorize the City Manager and Clerk of the Council to execute on-call legal services agreement with the law firm of Atkinson, Andelson, Loya, Ruud & Romo, APLC, ("AALRR") related to administrative and litigation matters concerning general liability, personnel and police for a three (3) year term ending on August 20, 2021, with an option to extend the term for up to one (1) year, in an amount not to exceed $500,000, including any extension period, subject to non -substantive changes approved by the City Manager and the City Attorney (AGMT. No. 2018-186). 25D. APPROVE AN AGREEMENT AMENDMENT WITH VALLEY MAINTENANCE CORPORATION FOR EXPANDED CUSTODIAL SERVICES AT PARK RESTROOMS AND INCLUDE THE ROOSEVELTIWALKER COMMUNITY CENTER {STRATEGIC PLAN NO. 6, 1B} — Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Valley Maintenance Corporation to provide expanded custodial services at park restrooms and include the Roosevelt/Walker Community Center into the base agreement by increasing the annual agreement amount by $186,200 (prorated at $139,650 for the remaining portion of current term), which includes a 10% contingency, from September 1, 2018 through May 31, 2019, with two, one- year renewal options, for a total cost (original and amendments) of $1,653,536 over the term of the contract, including renewals, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-187). CITY COUNCIL MINUTES 11 AUGUST 21, 2018 1OB-11 25E. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES GEOLOGICAL SURVEY WESTERN ECOLOGICAL RESOURCE CENTER TO COLLABORATE ON RESEARCH, EDUCATION, AND OUTREACH PROGRAMS AT THE SANTA ANA ZOO {STRATEGIC PLAN NO. 2, 2E) — Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a memorandum of understanding with the United States Geological Survey Western Ecological Resource Center to collaborate on research, education and outreach programs in the field of resource conservation and environmental science at the Santa Ana Zoo for a five-year period from October 22, 2018 through October 21, 2023, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-188). 25F. APPROVE ON-CALL AGREEMENTS TO NINYO & MOORE AND KMEA FOR ENVIRONMENTAL SITE ASSESSMENT AND TO NINYO & MOORE AND TERRACON FOR HAZARDOUS MATERIALS SURVEYS AND REPORTING (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1G) — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute four on- call environmental service agreements with the firms listed below to perform the activities listed for three-year terms beginning August 21, 2018, and expiring August 20, 2021, with provisions for two one-year extensions exercisable by the City Manager and the City Attorney, for a total not -to -exceed amount of $149,850 listed for each firm over the entire life of the agreement, which includes an 11 percent contingency in the amount of $14,850, subject to non -substantive changes approved by the City Manager and the City Attorney: Service / Firm Total Contract Amount Environmental Site Assessment 1. Ninyo & Moore Geotechnical & Environmental $149,850 Sciences Consultants (Ninyo & Moore) (AGMT. $149,850 No. 2018-189). 2. KMEA (AGMT. No. 2018-190) Hazardous Materials Surveys and Reporting 3. Ninyo & Moore Geotechnical & Environmental $149,850 Sciences Consultants (AGMT. No. 2018-191) $149,850 4. Terracon Consultants, Inc. (Terracon) ((AGMT. CITY COUNCIL MINUTES 12 AUGUST 21, 2018 1OB-12 No. 2018-192) Total Aggregate Amount: $599,400 25G. APPROVE FIRST AMENDMENT TO AGREEMENT WITH MGT OF AMERICA CONSULTING, LLC FOR STATE MANDATED COST REIMBURSEMENT SERVICES {STRATEGIC PLAN NO. 4, 1} — Finance and Management Services Agency MOTION. Authorize the City Manager and Clerk of the Council to execute a first amendment to agreement with MGT of America Consulting, LLC to amend the scope of services and increase the compensation by $11,400 to provide for SB90 State mandated cost reimbursement claim services, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-193). 25H. APPROVE AN AMENDMENT TO CONSULTANT AGREEMENT WITH REDISTRICTING PARTNERS FOR ADDITIONAL SERVICES AND COMPENSATION RELATED TO REVIEW OF ELECTIONS SYSTEM REGARDING CONVERSION TO BY -DISTRICT ELECTIONS AND COMPLIANCE WITH CALIFORNIA VOTING RIGHTS ACT {STRATEGIC PLAN NO. 5} — Clerk of the Council Office MOTION. Authorize the City Manager and Clerk of the Council to execute an amendment to a consultant agreement with Redistricting Partners, ("Consultant") related to the potential need to convert to a by -district election system. The current agreement is for a one (1) year term ending on April 10, 2019 for an amount not to exceed $25,000 subject to non - substantive changes approved by the City Manager and City Attorney. The amendment would allow for Consultant to provide additional services at public hearings and community outreach meetings to comply with the California Voting Rights Act. Additional compensation for services rendered would be increased by $10,500, resulting in a total not -to -exceed amount of $35,500. No other terms or conditions of the Agreement will be amended (AGMT. No. 2018-194). 'Mayor Pro Tem Martinez dissented on Agenda Item 25H. 251. APPROVE PURCHASE AGREEMENT FOR REAL PROPERTY ACQUISITION LOCATED AT 2243 SOUTH MAPLE STREET (APN 403-144-11) FOR WARNER AVENUE IMPROVEMENTS PHASE 1 (PROJECT NO. 14-6802) (NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C} — Public Works Agency MOTION. Authorize the City Manager and Clerk of the Council to execute a Purchase Agreement for the real property partial acquisition located at CITY COUNCIL MINUTES 13 AUGUST 21, 2018 2243 South Maple Street (APN 403-144-11) and goodwill (if any) in the amount of $49,500 with Quirino Vargas, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-195). 25J. APPROVE AMENDMENT TO LOAN AGREEMENT FOR THE SANTA ANA ARTS COLLECTIVE, GRANT FUNDED {STRATEGIC PLAN NOS. 5,3A; 5,3C) — Community Development Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an Amendment to the Loan Agreement with Santa Ana Arts Collective, L.P. for an additional $407,871 in HOME Investment Partnerships Program funds for a total loan amount not to exceed $2,627,631, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-196). 25K. APPROVE A COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE AND VARIOUS AGENCIES TO FUND TOTAL MAXIMUM DAILY LOAD PROGRAMS AND RELATED ACTIVITIES IN THE NEWPORT BAY WATERSHED {STRATEGIC PLAN NO. 5, 21 — Public Works Agency MOTION. Authorize the City Manager and the Clerk of the Council to execute cooperative Agreement No. MA -080-18011416 with the County of Orange and other Newport Bay watershed dischargers to fund Total Maximum Daily Load programs and related activities in the Newport Bay Watershed for a five-year term beginning upon approval and execution by all parties and expiring June 30, 2023, and establishing the initial Fiscal Year 2018-19 estimated budget of $1,322,597, of which the City of Santa Ana's share of $119,934, subject to non -substantive changes by the City Manager and City Attorney (AGMT. No. 2018-197). 25L. APPROVE LOAN AGREEMENT WITH JAMBOREE HOUSING CORPORATION FOR THE SANTA ANA VETERANS VILLAGE PROJECT GRANT FUNDED {STRATEGIC PLAN NO 5, 3} — Community Development Agency MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute a Loan Agreement with Santa Ana Village LP (c/o Jamboree Housing Corporation) for $352,962.90 in HOME Investment Partnerships Program funds to create 75 units of permanent supportive housing at 3312 West 1st Street in Santa Ana, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-198). CITY COUNCIL MINUTES 14 AUGUST 21, 2018 1OB-14 2. Authorize the City Manager and Clerk of the Council to execute a Subordination Agreement with Union Bank, for the Loan Agreement with Jamboree Housing Corporation, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-199). 25M. APPROVE AGREEMENT WITH WILLDAN HOMELAND SOLUTIONS FOR GRANT PROJECT AND FISCAL COORDINATOR SERVICES {STRATEGIC PLAN GOAL NO. 1, 3B} — Police Department MOTION: Authorize the City Manager and the Clerk of the Council to execute a one-year professional services agreement with Willdan Homeland Solutions, an operating division of Willdan Group, Inc. for on- site project and fiscal grant management services, for the period beginning September 1, 2018 and ending August 31, 2019, in an annual amount not to exceed $144,840, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-200). 25N. APPROVE AGREEMENT WITH GENSLER FOR THE GRANT -FUNDED SANTA ANA REGIONAL TRANSPORTATION CENTER BIKE STATION ARCHITECTURAL DESIGN (PROJECT NO. 18-6912) {STRATEGIC PLAN NO. 6, 1 G} —Public Works Agency Mayor Pro Tem thanked staff and provided a status to the community as to bike station project. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Gensler for a three-year term beginning August 21, 2018, and expiring on August 20, 2021, with the option for the City to grant up to two one-year renewal options exercisable by the City Manager and the City Attorney, to provide architectural design services for the Santa Ana Regional Transportation Center Bike Station, in the total amount not to exceed $149,000, which includes a 2.8 percent contingency in the amount of $4,076, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-201). 250. APPROVE AGREEMENT WITH DAVID EVANS AND ASSOCIATES FOR LANDSCAPE ARCHITECTURAL DESIGN OF 6TH AND LACY PARK (PROJECT NO. 18-2692) {STRATEGIC PLAN NO. 6, 1G} — Public Works Agency; and Parks, Recreation and Community Services Agency Mayor Pro Tem, opined city commitment to Lacy Park architecture, challenges in finding funding, and thanked staff and community for their work. CITY COUNCIL MINUTES 15 AUGUST 21, 2018 1OB-15 MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with David Evans and Associates for a two-year term beginning August 21, 2018, and expiring on August 20, 2020, with the option for the City to grant up to two one-year renewal options exercisable by the City Manager and the City Attorney, to provide consulting landscape architectural design services for the new 6th and Lacy Park, in the total amount not to exceed $132,561, including a 10 percent contingency in the amount of $12,051, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-202). MISCELLANEOUS - BUDGET 29A. APPROVE DONATION AGREEMENT WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS {STRATEGIC PLAN NO. 5, 4) — City Council MOTION: Authorize the City Manager and Clerk of the Council to execute agreements with various organizations in support of their community events and programs, subject to nonsubstantive changes approved by the City Manager and the City Attorney, as follows: a. Charitable Ventures of Orange County for the Wilshire Square Neighborhood Association's annual picnic event that occurred July 28, 2018, in a one-time donation amount of $500 (Mayor Pulido); b. Charitable Ventures of Orange County for the Wilshire Square Neighborhood Association's annual picnic event that occurred July 28, 2018, in a one-time donation amount of $500 (Mayor Pro Tem Martinez); c. Charitable Ventures of Orange County for the Eastside Neighborhood Association's community resource fair and clean-up event that occurred on August 18, 2018, in a one-time donation amount of $500 (Mayor Pro Tem Martinez); d. Charitable Ventures of Orange County as fiscal sponsor for the Downtown Neighborhood Association for the Annual International Older Adults Health Fair that will occur October 1, 2018, in a one-time donation amount of $500 (Mayor Pro Tem Martinez); e. Orange County Communities Organized For A Responsible Development for the Citizenship Fair at the Salgado Community Center that occurred August 18, 2018, in a one-time donation amount of $1,000 (Councilmember Sarmiento); CITY COUNCIL MINUTES 16 AUGUST 21, 2018 1OB-16 Neutral Ground for the Summer Night Lights program at EI Salvador Park for program services during the months of July and August 2018, in a one-time donation amount of $250 (Councilmember Villegas); g. Santa Ana Historical Preservation Society in support of the Santa Ana Fire Museum that displays the history of fire fighting equipment, in a one-time donation amount of $500 (Councilmember Villegas); h. Neutral Ground for the Summer Night Lights program at EI Salvador Park for program services during the months of July and August 2018, in a one-time donation amount of $1,000 (Councilmember Tinajero); Rainmaker Effect Inc. in support of on-going services during July 2018 for the Rainmaker Effect Leadership program at Saddleback High School that teaches students about leadership and character building skills, in a one-time donation amount of $1,500 (Councilmember Tinajero); j. Roadrunner Football Boosters in support of the Saddleback High School Varsity Football Team through July 2018 to promote health, fitness, and academics to students, in a one-time donation amount of $1,500 (Councilmember Tinajero). REGULAR BUSINESS CALENDAR ORDINANCES/FIRST READING 50A. ORDINANCE REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE X OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE REGARDING TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY {STRATEGIC PLAN NOS. 6, 1 G; 3, 2C) - Public Works Agency MOTION: Staff has requested a continuance of said matter. MOTION: Benavides SECOND: Pulido VOTE: AYES: Benavides, Pulido, Solorio, Villegas (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento, Tinajero (3) CITY COUNCIL MINUTES 17 AUGUST 21, 2018 1OB-17 RESOLUTIONS 55A. ADOPT RESOLUTION AND APPROVE APPROPRIATION ADJUSTMENT ACCEPTING ADDITIONAL FISCAL YEAR 2016 HOMELAND SECURITY GRANT PROGRAM FUNDS {STRATEGIC PLAN NO.1, 2 AND 61 — Police Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2018-061 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING ADDITIONAL FY2016 URBAN AREA SECURITY INITIATIVE SUB -RECIPIENT FUNDING AND APPROPRIATION ADJUSTMENT 2. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2019-12 - Approve an Appropriation Adjustment recognizing additional FY 2016 Urban Areas Security Initiative in the amount of $247,470 in revenue account and appropriate same in the Fiscal Year 2016 Urban Areas Security Initiative Program Grant expenditure accounts. MOTION: Benavides SECOND: Villegas VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) 55B. ADOPT RESOLUTION AUTHORIZING AN APPLICATION FOR HAZARD MITIGATION GRANT PROGRAM (HMGP) FUNDING FOR DEVELOPMENT OF A HAZARD MITIGATION PLAN {STRATEGIC PLAN NOS. 1.2D AND 6.1C} — Police Department MOTION: Adopt a resolution. RESOLUTION NO. 2018-062 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER, AND THE CHIEF OF POLICE OR HIS DESIGNEE TO APPLY FOR A GRANT UNDER THE HAZARD MITIGATION GRANT PROGRAM CITY COUNCIL MINUTES 18 AUGUST 21, 2018 1OB-18 MOTION: Benavides SECOND: Villegas VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) 55C. ADOPT RESOLUTION DECLARING A SHELTER CRISIS TO BE ELIGIBLE FOR STATE ONE-TIME HOMELESS EMERGENCY AID PROGRAM GRANT FUNDS {STRATEGIC PLAN NOS. 1, 6; 5, 4; 5, 61 — Community Development Agency MOTION. Adopt a resolution. RESOLUTION NO. 2018-063 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING A SHELTER CRISIS RELATED TO HOMELESSNESS IN THE CITY OF SANTA ANA MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Benavides, Martinez, Pulido, Solorio, Villegas (5) None (0) None (0) Sarmiento, Tinajero (2) 55D. ADOPT A RESOLUTION FOR CONTINUATION OF PARTIALLY PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR EMPLOYEES AND THEIR ELIGIBLE DEPENDENTS {STRATEGIC PLAN NO. 7} — Human Resources Department MOTION. Adopt a resolution. RESOLUTION NO. 2018-064 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PROVIDING FOR CONTINUATION OF PARTIALLY PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR EMPLOYEE AND THEIR ELIGIBLE DEPENDENTS CITY COUNCIL MINUTES 19 AUGUST 21, 2018 1OB-19 MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARINGS SECOND: Villegas Benavides, Martinez, Pulido, Solorio, Villegas (5) None (0) None (0) Sarmiento, Tinajero (2) 75A. PUBLIC HEARING: ORDINANCE IMPLEMENTING EXPEDITED STREAMLINED ELECTRIC VEHICLE CHARGING STATIONS PERMITTING PROCESS {STRATEGIC PLAN NO. 3, 3; 5, 2) - Planning and Building Agency Legal Notice published in the Orange County Reporter August 10, 2018. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2953 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING A NEW ARTICLE XVII TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS MOTION: Martinez SECOND: Benavides VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) 75B. PUBLIC HEARING: SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2018-15 (SCH NO. 2006031041), GENERAL PLAN AMENDMENT NO. 2018- 03, AMENDMENT APPLICATION NO. 2018-06, AND ZONING ORDINANCE AMENDMENT NO. 2018-03 TO EXPAND AND AMEND THE METRO EAST CITY COUNCIL MINUTES 20 AUGUST 21, 2018 MIXED USE (MEMU) OVERLAY ZONE - CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 5, 3; 5, 41 - Planning and Building Agency Legal Notice published in the Orange County Reporter August 10, 2018 and notices mailed on August 9, 2018. Planning Commission approved recommended action on July 23, 2018 by a vote of 4-0 (Alderete, Contreras -Leo and Verino absent). Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. Council discussion ensued. Councilmember Benavides, noted item has several actions which includes expansion and amendments to zoning of existing metro east overlay zone. Asked staff to clarify changes and impact to existing zone. Expressed desire to follow up on project expansion and requested item to be continued. Opined opportunity for economic development. Planning and Building Agency Pincipal Planner, Vince Fregoso, provided City Council with project update. Noted mixed use overlay to provide property owners with development opportunities, request to amend general plan and zoning would allow for consistency. Opined collaborative review has been conducted by every review agency in the city and commencement of financial analysis. Noted city is compliant with 45 -day review. CITY COUNCIL MINUTES 21 AUGUST 21, 2018 1 OB -21 Mayor Pro Tem, opined infrastructure matters, zoning should not be changed for developers with no returns to the community, city has been too generous, and form based codes works more when aggregated with private property owners. Expressed project is not innovative, decisions made today have major implications on the financial impact of the city, and intersection of land use and finance matters. Directed staff to provide fiscal projection and analysis, all documentation and email communications by staff and other entities regarding the 45 -day notice, copies of notices regarding zone expansion, and planning commission documentation regarding expansion and property owners contacted. Mayor Pulido, asked staff if there is a financial analysis report, project life span, and if city is in compliance with 45 -day review. Express concern in dividing a portion of this item City Manager Godinez, noted financial analysis has not been a past practice, analysis has commenced, and incorporation of financial analysis as a best practice for the city. Councilmember Benavides motioned to approve the modification zoning under the existing area and continue the expansion 1. Continue adoption of resolution to future meeting. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2018-15 (SCH NO. 2006031041) AND THE MITIGATION MONITORING AND REPORTING PROGRAM; MAKING CEQA FINDINGS OF FACT; ADOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING GENERAL PLAN AMENDMENT NO. 2018-03 FOR THE PROPOSED METRO EAST MIXED USE OVERLAY ZONE EXPANSION AND AMENDMENTS PROJECT AND THE ELAN DEVELOPMENT PROJECT LOCATED AT 1660 EAST FIRST STREET 2. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-06 REZONING VARIOUS PROPERTIES LOCATED ALONG THE FIRST STREET CORRIDOR AND ZONING ORDINANCE AMENDMENT NO. 2018-03 AMENDING THE METRO EAST MIXED USE OVERLAY ZONE (OZ -1) Motion failed due to a lack of a second. Council discussion continued. Mayor Pro Tem requested supporting documentation from staff. CITY COUNCIL MINUTES 22 AUGUST 21, 2018 1 OB -22 Planning and Building Agency Pincipal Planner, Vince Fregoso shared with council the various outreach meetings held. Community Development Agency Director, Steven Mendoza, noted planning commission work, their documented comments regarding Environmental Impact Report, and no decision can be made until City Council certifies Environmental Impact Report. City Attorney Carvalho, noted councilmembers are required to independently state they have reviewed the documents and report is satisfactory before taking any further action. MOTION: Continue consideration of matter for 2 weeks to September 4, 2018. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Villegas Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) Councilmember Solorio, directed staff to provide future economic potential report from expansion and improvements to be made to existing area. 75C. PUBLIC HEARING: RESOLUTION TO AUTHORIZE NEGOTIATION FOR THE SALE OF PORTIONS OF CITY -OWNED REAL PROPERTY AT 1301 AND 1305 WEST 12TH STREET (NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G; 3, 2C} - Public Works Agency Legal Notice published in the Orange County Reporter August 10, 2018. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. Council discussion ensued. Councilmember Benavides requested brief presentation from Public Works Agency staff. CITY COUNCIL MINUTES 23 AUGUST 21, 2018 1 OB -23 Principal Civil Engineer Jason Gabriel, provide brief presentation and background. Noted lot does not have independent utility, is too small for residential property, and is of odd shape. Councilmember Benavides, opined need to mitigate any impacts on surrounding residential homes. Noted elimination of parking in order to widen Bristol street. Councilmember Solorio, expressed concern property is being sold without pursuing an open process and opined need to approach the sale of any city owned lot in a fair manner that is open to all. Expressed opposition to the sale of the property without an open process. Councilmember Villegas, asked staff if lots along Bristol are tied to transportation project and where sale proceeds would go. Noted current lot is unique and small, not all properties on Bristol are for sale, and need to not mislead the public. City Manager Godinez, noted proceeds from sale of properties that were initially purchased with transportation funds would need to go towards transportation projects, property is too small and is not adjacent to other empty lots that could be assembled to assist in the use and sale of the lot. Opined administrative policy as to sale of city owned property is ready to be presented to City Council. Mayor Pro Tem Martinez, echoed statements made by Councilmember Solorio. Expressed opposition to item. Opined need to implement policy before the sale of any city owned property, staff to consider return on investment to city, and any fiscal impacts. Public Works Director Fuad Sweiss, noted city has over 90 parcels, current lot in consideration is unique, has limited use, and would be difficult to find use. MOTION: Adopt a resolution. (Requires five (5) affirmative votes) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DIRECT NEGOTIATIONS FOR THE SALE OF PORTIONS OF CITY -OWNED REAL PROPERTY AT 1301 WEST 12TH STREET AND 1305 WEST 12TH STREET MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Pulido, Tinajero, Villegas (4) NOES: Martinez, Solorio (2) ABSTAIN: None (0) CITY COUNCIL MINUTES 24 AUGUST 21, 2018 1 OB -24 ABSENT: Sarmiento (1) *Motion failed. MOTION: Continue consideration of matter for 2 weeks to September 4, 2018. MOTION: Solorio VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Benavides, Martinez, Villegas (6) None (0) None (0) Sarmiento (1) Pulido, Solorio, Tinajero, JOINT SESSIONS OF THE CITY COUNCIL AND THE HOUSING AUTHORITY 80A. CITY COUNCIL AND HOUSING AUTHORITY JOINT ACTION: APPROVE AN AGREEMENT WITH KEYSER MARSTON ASSOCIATES FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND ADVISORY SERVICES {STRATEGIC PLAN NO. 5, 4) — Community Development Agency MOTION: Authorize the City Manager and the Clerk of the Council, and the Executive Director of the Housing Authority to execute the on-call consultant agreement between the City of Santa Ana and the Housing Authority with Keyser Marston Associates for affordable housing financial, analytical and advisory services for a three-year term beginning on August 21, 2018 through August 20, 2021, in the amount not to exceed $200,000, subject to non -substantive changes approved by the City Manager and City Attorney, and Executive Director and Authority Counsel (AGMT. No. 2018-203). MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN SECOND: Martinez Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) CITY COUNCIL MINUTES 25 AUGUST 21, 2018 1 OB -25 ABSENT: Sarmiento (1) COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. DISCUSS AND DIRECT STAFF TO PREPARE AN EMERGENCY ORDINANCE ON PERMANENT SUPPORTIVE HOUSING AND IDENTIFY POTENTIAL SITES; AND AN EMERGENCY ORDINANCE AND IDENTIFY KEY SITES FOR MOTEL CONVERSION (Mayor Pro Tem Martinez) Continued from the June 5, 2018 City Council Meeting by a 6-0 vote (Martinez absent); from the June 19, 2018 City Council Meeting by a 4-0 vote (Martinez, Sarmiento and Tinajero absent) and from the July 3, 2018 City Council Meeting by a 5-0 vote (Martinez and Villegas absent). Council discussion ensued. Mayor Pro Tem Martinez, opined need to be prepared when State offers funding to address homeless issue, to identify potential project sites, and create mixed use space. Opined need to provide housing to the vulnerable while addressing mixed use space and to generate revenue when building these types of projects. Directed staff to provide plan to identify potential project sites and potential funding. Mayor Pulido, directed staff to create a plan to identify sites for potential projects, possible state funding, and to make preparation to receive potential funding. Councilmember Benavides, asked if item before council would allow city to position themselves to receive state funding. Opined need to have balance when creating homeless services and services should be shared throughout the county. City Manager Godinez, noted resolution would allow city to receive one time monies Mayor Pulido and other top eleven mayors lobbied for. The following spoke on the matter: • Ilay Tseglin, address City Council to request assistance in regaining custody of his son and securing release from group home. • Robert Tseglin, echoed statements made by father, Robert Tseglin. CITY COUNCIL MINUTES 26 AUGUST 21, 2018 1 OB -26 MOTION. Direct staff to prepare and bring back to council a plan to identify sites in preparation of state funding to the city. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Villagas Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) RECESSED CITY COUNCIL MEETING AND THE HOUSING AUTHORITY MEETING. AT 8:01 P.M. AND CONVENED THE SUCCESSOR AGENCY MEETING at 8:06 P.M. AND RECONVENED TO THE COUNCIL MEETING WITH SAME MEMBERS PRESENT AT 8:07 P.M. WORK STUDY SESSION WS. REDESIGNED CITY WEBSITE PREVIEW Director of Chief Technology Innovations Officer Jack Ciulla introduced presenter Ron Zayas. Mayor Pro Tem Martinez, thanked staff for their work. Opined need to be transparent, provide information to residents, and to operate efficiently. Noted website will have a stronger public safety search element. Councilmember Solorio, asked if new website will be comparable to other city websites that offer open data features. Ron Zayas, opined website is comparable to other large city websites and is a tool that will continue to grow. Councilmember Benavides, noted council priority to transparency, accessibility to City Hall, and overall efficiency. Asked if branding study will be incorporated in website. Expressed opportunity to provide residents with current events. Director Ciulla, noted police department has implemented a new records management system, website will pull from the new system, and rebranding study results will be incorporated into new site once completed. CITY COUNCIL MINUTES 27 AUGUST 21, 2018 1 OB -27 COMMENTS PUBLIC COMMENTS (Non Agendized Items) • Raul Nolasco, expressed concern over library vulnerability to cyber -attack. • Gisela Hernandez, local business owner, expressed concern of homeless near her business, assaults, and rampant drug use. Requested city council assistance in addressing issue. • Peter A. Katz, expressed concern over sales tax. Opined City of Santa Ana will have a higher tax rate than other cities. • Dale Helvig, expressed support for responsible development. Noted environmental report is now available and councilmembers should be asking questions. • Maria G. Beltran, addressed City Council to request assistance to address homeless issue. Expressed concern over homeless near businesses and negative impact. • Susan Semotan, expressed opposition to 2525 Main Street development. Requested City Council to protect established neighborhoods. • Garry Thomas, expressed opposition to 2525 Main Street development. 90A. CITY MANAGER'S COMMENTS City Manager Godinez, provided City Council with update on Willowick vision plan, upcoming workshop, police department community input process for the new policing philosophy, and Santa Ana Works Center ribbon cutting ceremony. 90B. CITY COUNCILMEMBER COMMENTS • Councilmember Tinajero, noted Valley High School ribbon cutting ceremony and opined positive events in the city improve quality of life. • Mayor Pro Tem Martinez, opined homeless issue is getting worse, need to provide services to homeless, and responsibility to protect city assets. Asked status of cyber cafe and gaming, and possibility of banning them. • Councilmember Solorio, noted opportunity to move Works Center to City Hall once lease is up and upcoming update on RV parking. Expressed concern as to delay in carrying out Willowick project and cyber cafe operating on 17th Street. Opined city can enforce current laws but must be careful in doing so. Councilmember Villegas, provided City Council with report on Youth, Education, and Community Services Council Committee and Orange County Justice Center tour. Directed staff to provide update on Centennial Park tree issue and park ranger positions. CITY COUNCIL MINUTES 28 AUGUST 21, 2018 1 OB -28 • Councilmember Benavides, provided update on YMCA building project and opined need to prioritize economic development and invest in youth. • Mayor Pulido, directed staff to provide memo regarding status of cyber cafe and gaming and actions taken to ban them from the City of Santa Ana, to develop plan to address lawsuit addressing homeless issue, and interim agreement with court to allow city to enforce current laws. • City Attorney Carlvalho, noted city has been enforcing regulations and challenge in providing option to be taken to a shelter before taking someone into custody. Mayor Pulido left the meeting at 9:03 p.m. and did not return. Councilmember Benavides reflected on Manuel "Manny" Moreno's life and adjourned said meeting in his memory. ADJOURNED — 9:06 p.m. - The next meeting of the City Council is scheduled for Tuesday, September 4, 2018 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. ADJOURN MEETING IN MEMORY OF MANUEL "MANNY" MORENO Maria D. Huizar Clerk of the Council FUTURE AGENDA ITEMS • Policy on Use of General Reserve and Enterprise Funds • Jail Reuse Study CITY COUNCIL MINUTES 29 AUGUST 21, 2018 1 OB -29 1 OB -30 City Council Meeting Agenda September 4, 2018 CLOSED SESSION MEETING CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California 5:00 PM REGULAR OPEN MEETING CITY COUNCIL CHAMBER 22 Civic Center Plaza 5:45 PM (Immediately following the Closed Session Meeting) Miguel A. Pulido Mayor MPulidoia.santa-ana.ore DRAFT 8/30/2018 4:11 pm Vicente Sarmiento Michele Martinez CouncH=rober - Ward 1 Mayor Pro Tem - Ward 2 VSannientonsanta-ana.org MiMartinez(alsanta-ana.org Jose Solorio P. David Benavides Councihrtember- Ward 3 Councilmember- Ward 4 TSolorio(asanta-ana.org DBenavidesnsanta-ana org Juan Villegas Sal Tinajero Councilmember- Ward 5 Councihnember- Ward 6 IVil1e as santa-ana.org STinAcrota�santa-ana.org Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 F__t_-t-_-__ Sonia R. Carvalho Raul Godinez II Maria D. Huizar City Attorney CiryManager Clerkofthe Council NOTE: Ifyou need special assistance to participate in this Council meeting, please contact Michael Ortiz, City ADA Program Coordlnator, at (774) 647-5624. Please call prior to the meeting date, to allow the Clry enough time to make reasonable arrangements for accessibility to this meeting. [Americans rdth Disabilides Act, Tide 1128 CFR 35.7021 i BASIC CITY COUNCIL MEETING INFORMATION nda & Materials - The agenda titles provide the public with a list of items to be considered by the Council broken down into four categories: Presentations, Consent Calendar, Business Calendar and Public Hearings. Presentations are ceremonial. Consent Calendar are considered to be routine by the City Council and may be enacted by one motion without discussion unless a member of the Council "pulls" an items) for a separate vote. Business Calendar and Public Hearing items are considered individually. Additional information of the various categories on the agenda is found on the "Understanding Your City Council Meeting Agenda" pamphlet at: hftp://www.ci.santa-ana.ca.us/coc/documentstundemtanding council agenda p . The Council is not limited in any way by the "Recommended Action" and may take any action which the council deems to be appropriate on an agenda item. Except as otherwise provided by law, no action shall be taken on any item not listed on the agenda. All staff reports and any non -confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda are available for public inspection in the Clerk of the Council Office during regular business hours and posted on the City's website the Friday before a Council meeting at: hftp://www.santa-ana.org/cocLgranicus.asp lic comments / oral Communication - Pursuant to Government Code Sec. 54954.3, the public may address the City Council and any other legislative body scheduled to meet on same day and time on any and all matters within the jurisdiction of the City. The public will be given the opportunity to speak on any item listed on the Agenda during the first Public Comments portion of the Agenda, with the exception of Public Hearings that are considered separately and on non-agendized items within the jurisdiction of the City Council during the second Public Comments portion of the Agenda. At the discretion of the Presiding Mayor, all comments may be considered jointly. All requests to speak shall be submitted in writing to the Clerk of the Council at the beginning of the meeting and before Public Comments begin. Speaker forms will be available at the meeting. REQUESTS TO SPEAK SHALL NOT BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT PERMISSION OF THE PRESIDING MAYOR. When speaking, all persons addressing the City Council shall follow the rules of decorum as detailed on the back of the speaker form. The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code. ten Communication — Correspondence regarding any item on the agenda may be faxed to (714) 647-6956 or emailed to eComment(gsanta-ana ora. Please submit by 3 p.m. on City Council meeting day to allow sufficient time to upload to the website and circulate to the City Council for their consideration. Emails received after 3 p.m. will be uploaded to the City's website the day after the meeting. station Services - Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish -to -English) in addition to those wishing to address the City Council at the podium. La ciudad proves servicios de interpretacidn al espanol en las juntas del Concilio. La interpretacidn simult8nea at espanol se ofrece par media del use de audifonos y Is interpretacidn consecutiva (espanol a ingles) tambien estS disponible para cualquiera que desee dirigirse at concilio municipal en e/ podia. wised Meeting Schedule - All regular meetings will be televised and available for viewing on the City's cable channel. Meetings held in the Council Chamber or other designated locations which are televised live on CTV3 Spectrum (formerly Time Warner Cable) will be cablecast Mondays at 6:00 p.m., Tuesdays immediately following the meeting at 9:00 a.m., Wednesdays at 6:00 p.m., and Sundays at 1:00 p.m. Meetings are also available in SAP. Meetings held in locations that do not have a live cable feed will be videotaped and shown on CTV3 the day after the meeting. DVD copies of the meetings are available for public circulation at the Santa Ana Main Library the day after a meeting. CITY VISION, STRATEGIC PLAN AND CODE OF ETHICS City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding iciples (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the Ilenges of today and tomorrow, as follow: , 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 a -Year Strategic Plan - Goals/Objectives/Strategies: Full report available at http:t/www.santa-ana.org/stmtegic-planning/ Goal 1 - Community Safety Goal 2 - Youth, Education, Recreation Goal 3 - Economic Development Goal 4 - City Financial Stability Goal 5 - Community Health, Livability, Engagement & Sustainability Goal 6 - Community Facilities & Infrastructure Goal 7 - Team Santa Ana le 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 CITY COUNCIL AGENDA 1 OB -32 SEPTEMBER 4, 2018 CITY OF SANTA ANA CITY COUNCIL REGULAR OPEN MEETING SEPTEMBER 4, 2018 REGULAR OPEN MEETING 5:45 p.m. (Immediately following the Closed Session Meeting) CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION MAYOR PULIDO COUNQLMEMBERS SARMIENTO, SOLORIO MAYOR PULIDO BENAVIDES, MARTINEZ, TINAJEROAND VILLE GAS CEREMONIAL PRESENTATIONS PROCLAMATION presented by MAYOR PRO TEM MARTINEZ naming September 4, 2018 as Kathi Bowman Day. CLOSEDSESSION REPORT ' The CityAttomeywill report items to be'added to Consent Calendar Item 19A from the Closed Session meeting. PUBLIC COMMENTS Pursuant to Government Code Sec. 54954.3, members of the public may address either the CityCouncil or any of the City's other related entities, such as the Housing Authority, Successor Agency or other legislative bodies, meeting in conjunction with this scheduled meeting'',' ..Public comments may be made on any and all matters within the City of Santa Ana's jurisdiction or the jurisdictionof the other related entities. At the discretion of the Chair, at the first Public Comment portion of the meeting, all comments maybe considered jointly. The public will be given the opportunity to speak three (3) minutes on any and all matters contained on any of the Consent Calendar and Business Calendar items and/or on issues of public interest within the jurisdiction of the City. For public hearings, members of the public shall be given three (3) minutes for each duly noticed hearing (unless the matter is continued prior to taking public testimony. All requests to speak shall be submitted in writing to the Clerk of the Council at the beginning of the meeting and before Public Comments begin Speaker forms will be available at the meeting. BEGINS WITHOUT PERMISSION OF THE MAYOR. When speaking, all persons addressing the CiryCouncil shall follow the rules of decorum as detailed on the back of the speaker form The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code. CITY COUNCIL AGENDA 3 SEPTEMBER 4, 2018 1 OB -33 CONSENT CALENDAR RECOMMENDED ACTION. Approve staff recommendations on the following Consent Calendar items: Items 10A through 29A. F ADMINISTRATIVE`MATTERS . v MINUTES 10A. MINUTES FROM THE SPECIAL CLOSED SESSION MEETING OF AUGUST 16, 2018 {STRATEGIC PLAN NO. 5, 11 - C1erk'6f the Council Office•,,;, Fs RECOMMENDED AC TION ,Approve Minutes. t 10B. MINUTES'FROM THE REGULAR MEETING OF AUGUST 21, 2018 {STRATEGIC PLANNO, Clerkpf the CouncIl•Office i RECOMMENDEDACTION.• Approve Minutes. t .. ORDINANCES/SECOND READING In the event a' Councihnember recorded at `.`abstention" before consideration of the following ordinance(s) on fust reading, such abstention will also be reflectedin the minutes. for second reading. • ��r 11A. ADOPT, AN ORDINANCE MIPLEMENTING EXPEDITED STREAMLINED ELECTRIC VEHICLE CHARGING STATIONS PERMITTING PROCESS {STRATEGIC PLAN.NO.5,1} - Clerk of the Council Office Placed on first reading at the August 21, 2018 City Council meeting and approved by a vote of 5-0 (Samuento and Tmajero absent). Published in the Orange County Reporter on August 24, 2018. RECOMMENDED ACTION. Place ordinance on second reading and adopt. ORDINANCE NO. NS -2953 - AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF SANTA ANA, CALIFORNIA, ADDING A NEW ARTICLE XVII TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE AN CITY COUNCIL AGENDA 10 B-34 SEPTEMBER 4, 2018 EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS BOARDS / COMMISSIONS / COMMITTEES 13A. COUNCIL COMMITTEES - AGENDA AND MINUTES {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office RECOMMENDED ACTION: Receive and file. NAME MEETING DATE Economic Development Infrastructure, Budget/' `'" ' 5/14/2018 and Technology Committee 6/14/2018 MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSIONACTION(S) - City Attorney's Office 19B. EXCUSED ABSENCES -' Clerk of.ihe Council Office RECOMMENDED ACTION., Excuse the absence of Councilmember Vicente Sarmiento from the Septembei 4, 2018 City"Council Meeting. 19C. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT 'PROGRAM - EXECUTIVE REPORT FOR AUGUST 2018 {STRATEGIC PLAN NO. 5,1}"- Public Works Agency The CIP Executive Summary Schedule is available on the City's website at RECOMMENDED ACTION: Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROVE AN AGREEMENT ACCEPTING OFFICE OF TRAFFIC SAFETY STEP PROGRAM GRANT FUNDS AND APPROPRIATION ADJUSTMENT {STRATEGIC PLAN NOA, 3B} - Police Department RECOMMENDED ACTIONS: CITY COUNCIL AGENDA 1 OB -35 SEPTEMBER 4, 2018 1. Authorize the City Manager and Clerk of the Council to execute a one-year agreement with the State Office of Traffic Safety for Selective Traffic Enforcement Program (STEP) Grant funds, for the period of October 1, 2018 through September 30, 2019, in an amount not to exceed $457,000, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018 -XXX). 2. Approve an appropriation adjustment. (Requires Eve affirmative votes). APPROPRIATION ADJUSTMENT NO. X= -X= - recognizing State of California, Office of Traffic Safety, Selective Traffic Enforcement Program (STEP) Grant funds in the amount of $457,000 in the -Office of Traffic Safety revenue account and appropriate same to expenditure accounts. AGREEMENTS 25A. APPROVE A CONCESSION .AGREEMENT WITH `MATCH POINT TENNIS ACADEMY, LLC. FOR THE . MANAGEMENT,• `•,. ;OPERATION AND MAINTENANCE OF CABRILLO TENNIS. CENTER {STRATEGIC PLAN NO. 2, 2B} - Parks, Recreation and Community Services ,Agency RECOMMENDED ACTION.•5 Authorize'the.,City Manager and Clerk of the Council to execute a one'•year concession agreement with Match Point Tennis Academy, LLC. for the management, operation, and maintenance of the Cabrillo Tennis Center in exchange foi a fee payable to ,the City in the amount of $4,000 per month from September 5, 2018" through September 4, 2019, subject to non - substantive ,changes approved bythe City Manager and City Attorney. (AGMT. No. 2018 -XXX). 25B. AWARD CONTRACT TO.,ENERGY RETROFIT CO. TO INSTALL ENERGY- EFFICIENT LIGHITNG` , FIXTURES AND CONTROLS IN THE POLICE ADMINISTRATION BUILDING AND EXECUTE AGREEMENT FOR ON BILL FINANCING LOAN (RFP NO. 18-069) {STRATEGIC PLAN NO. 4, 3D; 6, 2A} - Finance and Management Services Agency; Public Works Agency and Police Department RECOMMENDED ACTIONS: 1. 1. Authorize the City Manager and Clerk of the Council to execute an agreement with MarketingPower, Inc. (dba Energy Retrofit Co.), for the term beginning September 4, 2018, through December 28, 2018, to provide and install advanced energy-efficient lighting fixtures and controls at the Police Department Administration Building, in an amount not to exceed $656,847 inclusive of a 4% contingency in the amount of $24,519, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2018 -XXX). CITY COUNCIL AGENDA 6 SEPTEMBER 4, 2018 1 OB -36 25C. 25D. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Southern California Edison to provide a $526,499 no -interest On -Bill Financing Loan and $115,348 in incentives to fund RFP No. 18-069, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-1 CONTRACT AWARD TO ENERGY RETROFIT CO. TO INSTALL ENERGY- EFFICIENT LIGHTING FIX'T'URES AND CONTROLS AT THE CORPORATE YARD FACILITIES AND EXECUTE AGREEMENT FOR ON -BILL FINANCING LOAN (RFP NO. 18-071) {STRATEGIC PLAN;.NOS. 4, 3D; 6, 2A} — Finance and Management Services Agency; and Public Works Agency ,s RECOMMENDED ACTIONS: 1. Authorize the City Manager and'Clerk of the Council to execute an agreement with MarketingPower, Inc. (dba,:Energy Retrofit' Co.), for the term beginning September 4, 2018, through December 28, 2018, to provide and install advanced energy-efficient lighting fixtures and controls at the Corporate Yard Facilities administration and maintenance buildings, in'an amount not'to exceed $446,969, inclusive of a 10% contingency in, tbe'amount of $40,04,subject to non - substantive changes approved by the City,; Manager and City Attorney (AGMT. No. 2018-1 2. Authorize'the City Manager and Clerk Iof the' Council to execute an agreement with Southern. California' Edison to provide a $407,795 no -interest On -Bill Financing Loan •and $69,869,` 69,869, in incentivesfu `'to nd RFP No. 18-071, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No: 2018-1 APPROVE AN AGREEMENT WITH ADMINSURE, INC., FOR THIRD PARTY ADMINISTRATOR SERVICES FOR GENERAL LIABILITY AND WORKERS' 'COMPENSATION 'CLAIMS ''{.STRATEGIC PLAN NO. 7; 61 — Human Resources Department RECOMMENDED ACTION, Authorize the City Manager and Clerk of the Council to' execute the attached agreements with AdminSure, Inc., subject to non - substantive changes approved by the City Manager and City Attorney, to provide the City's self-insured third party claims administration and management for General Liability and Workers' Compensation for the initial three-year term of September 5, 2018 through August 31, 2021 with two, two year options for renewal. Annual total amounts not to exceed: FEES WORKERS' COMPENSATION GENERAL LIABILITY COMBINED MONTHLY MONTHLY ANNUAL TOTAL AGMT. No. 2018 -XXX AGMT. No. 2018 - XXX CITY COUNCIL AGENDA 7 SEPTEMBER 4, 2018 1 OB -37 YEAR 1 (10 $42,125 $14,600 $567,250 MONTHS) YEAR 2 $43,389 $15,038 $701,121 YEAR 3 $44,690 $15,489 $722,155 OPTIONAL $46,031 $15,954 $743,819 YEAR 4 OPTIONAL $47,412 $16,432 $766,134 YEAR 5 OPTIONAL $48,834 $16,925 $789,108 YEAR 6 OPTIONAL $50,300 .$17,433 $812,796 YEAR 7 25E. APPROVE A LEASE AGREEMENT . WITH RIO WEST LLC FOR WESTEND SUBSTATION OFFICE {STRATEGIC PLANNO.1, 1F} -Police Department RECOMMENDED ACTION. Authorize the., City Manager, and Clerk of the Council to execute a month-to-month lease,,agreement with Rio West, LLC for the use of the Westend Substation, for the period;df November 1, 2018 through October 31, 2019, in the annual amount of,$31,464 ($2,622 per month), and authorize the City Manager and Clerk of the, Council to execute, two -one year lease agreements, following expiration of this lease;, provided the annual lease increase does not exceed five percent, subject to non -substantive' changes approved by the City Manager and, City Attorney (AGMT.'No. 2018 -XXX). 25F. AWARD ,AGREEMENTS JO. PROJECT PARTNERS, INC, INTERWEST CONSULTING GROUP, AND .PENCO ENGINEERING, INC. FOR ON-CALL ENGINEERING AND TECHNICAL SUPPORT SERVICES AS NEEDED {STRATEGICPLAN NO. 6;>1C} - Public Works Agency RECOMMENDED ACTIONS: 1. Authorize the City Manager and the Clerk of the Council to execute an agreement with Project Partners, Inc., to provide engineering, technical, and administrative support services, for a three-year period commencing September 4, 2018, and expiring September 3, 2021, with provision for one, two-year renewal option exercisable by the City Manager and City Attorney, in a shared aggregate amount not to exceed $500,000, including any renewal, subject to non - substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018 -XXX). 2. Authorize the City Manager and the Clerk of the Council to execute an agreement with Interwest Consulting Group, to provide engineering, technical, and administrative support services, for a three-year period commencing September 4, 2018, and expiring September 3, 2021, with provision for one, two - CITY COUNCIL AGENDA 8 SEPTEMBER 4, 2018 1 OB -38 year renewal option exercisable by the City Manager and City Attorney, in a shared aggregate amount not to exceed $500,000, including any renewal, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018 -XXX). 3. Authorize the City Manager and the Clerk of the Council to execute an agreement with Penco Engineering, Inc., to provide engineering, technical, and administrative support services, for a three-year period commencing September 4, 2018, and expiring September 3, 2021, with provisions for one, two-year renewal option exercisable by the City Manager and City Attorney, in a shared aggregate amount not to exceed $500,000, including any renewal, subject to non - substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-X)CX). MISCELLANEOUS -BUDGET 29A. APPROVE DONATION AGREEMENT WITH VARIOUS"ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS {STRATEGIC PLAN NO. 5, 4) - City Council RECOMMENDED ACTION., Authorize,, the City Manager and Clerk of the Council to execute agreements 'with various' organizations in support of their community events and programs,' subject to n'onsubstantive changes approved by the City Manager and the City Attorney, as follows:. a. Child Creativity Lab in support of the Girl Scout STEAM Conference for young women -in Santa Ana on December 8, 2018, in a one-time donation amount of $1,000 (Mayor Pro Tem Martinez); h. Santa 'Ana Unidos. Boxing ,Club in support of the Roses in the Concrete Education and Arts ,Festival''that occurred August 25, 2018, in a one-time donation amount of $500„(Councihnember Sarmiento). 29B. APPROVE INSURANCE RENEWALS WITH BIG INDEPENDENT CITIES EXCESS., POOL, PUBLIC ENTITY PROPERTY INSURANCE PROGRAM AND CALIFORNIA STATE ASSOCIATION OF COUNTIES {STRATEGIC PLAN NO. 4,111 — Human Resources Department RECOMMENDED ACTIONS: 1. 1. Approve the City's continued membership in the Big Independent Cities Excess Pool Liability Program from July 1, 2018 to June 30, 2019 at an estimated premium cost not to exceed $3,700,000. 2. Approve the City's continued membership in the Big Independent Cities Excess Pool Workers' Compensation Program from July 1, 2018 to June 30, 2019 at an estimated premium not to exceed $400,000. CITY COUNCIL AGENDA 9 SEPTEMBER 4, 2018 1 OB -39 50A REPORTS 65A. 3. Approve the City's continued participation in the Public Entity Property Insurance Program from July 1, 2018 to June 30, 2019 at an estimated premium cost not to exceed $690,000. 4. Approve the City's continued participation in the Public Entity Property Insurance Program from July 1, 2018 to June 30, 2019 for the annual administrative cost of $121,175. 5. Approve the City's continued participation in the California State Association of Counties - Excess Insurance Authority's Crime Bond Program from July 1, 2018 to June 30, 2018 at an estimated cost not to,,e•xceed $12,000. F0 F'we of **END OF CONSENT.CALENDAR** 1,. BUSINESS CALENDAR r%yak t � t '•. 4 .E NG OF; AN ORDINANCE REPEALING AND REENACTING IN ITS CLE X OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL 4Q.-TEI E'COMMUMCATIONS FACILITIES IN THE PUBLIC {STRATEGIC PLAN NO. 3, 3C} - Public Works Agency and 48gv martment Place ordinance on first reading and authorize AN ORDINANCE' OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING; AND REENACTING IN ITS ENTIRETY ARTICLE X OF CHAPTER 33 OF THE.'r SANTA ANA MUNICIPAL CODE REGARDING TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY RECEIVE AND FILE THE SANTA ANA JAIL REUSE FEASIBILITY STUDY {STRATEGIC PLAN GOAL NO. 1, 5} - City Manager's Office RECOMMENDED ACTION: Receive and file the Santa Ana Jail Reuse Feasibility Study. CITY COUNCIL AGENDA 10 SEPTEMBER 4, 2018 10 B-40 65B. RECEIVE AND FILE LETTER TO THE COUNTY OF ORANGE REGARDING THE CITY S SUPPORT OF COUNTY S LEGAL ACTION AGAINST THE ORANGE COUNTY NEEDLE EXCHANGE PROGRAM {STRATEGIC PLAN NO. 1 and 51 - CityManager's Office RECOMMENDED ACTION. Receive and file letter to the County of Orange related to County's legal action against the Orange County Needle Exchange Program. 65C. APPROVE MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF ORANGE TO TRANSITION THE COURTYARD EMERGENCY HOMELESS SHELTER TO A NEW LOCATION AND EXPAND HOMELESS SHELTER BEDS FOR SANTA ANA { STRATEGIC PLAN NOS. 1,6;5;4;5,6) - CityManager's Office RECOMMENDED ACTION, Authorize the City , Manager execute the Memorandum of Understanding -.with the County of Orange subject to non - substantive changes approved by the City Manager and City Attorney. C - PUBLIC HEARINGS 75A. PUBLIC HEARING: SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2018-15 ,.(SCH NO. 2006031041), ,GENERAL; PLAN AMENDMENT NO. 2018-03, AMENDMENT APPLICATION NO. 2018 -06, -AND ZONING ORDINANCE AMENDMENT NO. i2618-03 TO EXPAND AND AMEND THE METRO EAST MIXED USE OVERLAY.. ZONE CITY OF SANTA ANA, APPLICANT { STRATEGIC PLAN NOS. 3,2; 5,3; 5,4) - Planning and Building Agency Legal Notice` published in the Orange County Reporter August 10, 2018 and notices mailed on August 9,201,i. , Planning Commission •approved recommended action on July 23, 2018 by a vote of 4-0 (Alderete, Contreras -leo and Verino absent). Continue&from.the,August 21, 2018 City Council meeting by a vote of 6-0 (Sarmiento absent). RECOMMENDED ACTION: It is recommended that the City Council take one of the following actions: 1. Approve the proposed amendments to the Metro East Mixed Use (MEMU) Overlay Zone as previously presented by adopting the following: a. Adopt a resolution. CITY COUNCIL AGENDA it SEPTEMBER 4, 2018 1 OB -41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2018-15 (SCSI NO. 2006031041) AND THE MITIGATION MONITORING AND REPORTING PROGRAM; MAKING CEQA FINDINGS OF FACT; ADOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING GENERAL PLAN AMENDMENT NO. 2018-03 FOR THE PROPOSED METRO EAST MIXED USE OVERLAY ZONE EXPANSION AND AMENDMENTS PROJECT AND THE ELAN DEVELOPMENT PROJECT LOCATED AT 1660 EAST FIRST STREET b. Place ordinance on first reading and`authorize publication of title. AN ORDINANCE OF THE CITYCOUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT 'APPLICATION NO. 2018-06 REZONING VARIOUS PROPERTIES LOCATED ALONG THE FIRST STREET CORRIDOR, AND ZONING ORDINANCE AMENDMENT NO. 2018-03 AMENDING, THE METRO EAST MIXED USE OVERLAY ZONE (OZ -1) k 2. Continue the item and direct staff, io enhance and refine' existing MEMU development and design standards to create a balance of intensity, density, and mix of land uses within the overlay zone ' an complete an in-depth fiscal and economic analysis of'•the proposed MEMU .Overlay Zone expansion and amendments project before, returning to City Council for considerations at a future`date: 75B. PUBLIC HEARING: RESOLUTION TO AUTHORIZE NEGOTIATION FOR THE SALE OF PORTIONS OF CITY -OWNED REAL PROPERTY AT 1301 AND 1305 WEST 12TH STREET (NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C} - Public Works Agency Legal Notice published in the Orange County Reporter August 10, 2018. Continued from the, August 21, 2018 City Council meeting by a vote of 6-0 (Samuento absent)... RECOMMENDED ACTION. Continue consideration of matter to the September 18, 2018 Council Meeting per staff's request. 75C. PUBLIC HEARING: ESTABLISH HEARING DATES AND HOLD FIRST OF FOUR PUBLIC HEARINGS TO MODIFY THE WARD BOUNDARIES {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office Legal notice published in the Orange County Register on August 24 & 26, 2018; La Opinion on August 28 & 31, 2018; Nguoi Viet on August 27 & 31, 2018; Chinese Daily on August 29 & 31, 2018; and Korea Times on August 28 & 31, 2018. CITY COUNCIL AGENDA 12 SEPTEMBER 4, 2018 75D. RECOMMENDED ACTIONS: 1. Establish the following Public Hearing dates of September 4, September 18, October 16, and October 30, 2018, and the adoption of new boundaries at the Regularly scheduled City Council Meeting on November 20, 2018 to consider Ward Re -boundaries. 2. Open and Close the first Public Hearing that will explain the re -boundary process, review the criteria used to modify Ward boundaries, and allow residents to submit their ideas for potential "communities of interest" to consider in the new boundaries. PUBLIC HEARING ON ISSUANCE `OF TAX 'EXEMPT BONDS FOR THE BENEFIT OF THE CHRISTIAN ;AND MISSIONARY ALLIANCE, AND RESOLUTION APPROVING THE ISSUANCE OF BONDS {STRATEGIC PLAN NO. 5, 3} - CommunityDevelopnientAgency Legal Notice published in the Orange CountyRegister'on August 20 2018. .. r APPLICANT REQUESTS: �s 1. Conduct a Tax Equity',and Financial Responsibility Act (TEFRA) Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority (the "Authority") on behalf of Town and Country Manor of the Christian and Missionary Alliance (the "Borrower"), for the benefit of Town and Country Manor,(the "Project") for the acquisition, construction, improvement and equipping of,certain retirement, nursing, assisted living and parking facilities of the. continuing care retirement community owned and operated- by the Borrower, located at 555 East Memory Lane, Santa Ana, California 92706. 2. `Adopt a resolution. A RESOLUTION ,OF THE CITY COUNCIL OF THE QTY OF SANTA ANA APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL' FINANCE AUTHORITY FOR THE PURPOSE OF FINANCING AND REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF CERTAIN FACILITIES OF A CONTINUING CARE RETIREMENT COMMUNITY OWNED AND OPERATED BY TOWN AND COUNTRY MANOR OF THE CHRISTIAN AND MISSIONARY ALLIANCE LOCATED AT 555 EAST MEMORY LANE, SANTA ANA, AND CERTAIN OTHER MATTERS PERTAINING THERETO JOINT SESSIONS OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY CITY COUNCIL AGENDA 13 SEPTEMBER 4, 2018 10 B-43 JOINT SESSIONS 80A. ADOPT RESOLUTION APPROVING AN AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JANUARY 1, 2019 THROUGH JUNE 30, 2019 AND APPROVE APPROPRIATION ADJUSTMENT (NON -GENERAL FUND) {STRATEGIC PLAN NO. 4, 1} - Community Development Agency CITY COUNCIL ACTION RECOMMENDED ACTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2019=018 -Recognizing $250,000 in the Housing Successor Agency Fund prioryear carry forward account and appropriating same to the expenditure account. SUCCESSOR AGENCY ACTION RECOMMENDEDACTION•Adopt a resolution. A RESOLUTION OF THE SUCCESSOR 'AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE QTY OF SANTA ANA APPROVING- AN AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE, 18-19B�TOR THE PERIOD OF JANUARY 1, 2019 TO JUNE 30, 2019 PURSUANT TO HEALTH AND. SAFETY CODE SECTION 34177(o)(1)(E), AND PART 1.85 OF DIVISION. 24 OF. THE CALIFORNIA HEALTH AND SAFETY CODE (" DISSOLUTIONACT") HOUSING AUTHORITY MEETING (Blue Agenda) SUCCESSOR AGENCY MEETING (Salmon Agenda) WORK STUDY SESSION WS. WORKER COOPERATIVE (SMALL BUSINESS ORDINANCE) - Community Development Agency COMMENTS CITY COUNCIL AGENDA 14 SEPTEMBER 4, 2018 10 B-44 PUBLIC COMMENTS (If not considered by the Chair at an earlier time. Please refer to Basic City Council Meeting Information page for details). 90A. CITY MANAGER'S COMMENTS 90B. CITY COUNCILMEMBER COMMENTS 1. AB1234 DISCLOSURE - This is the time for members of the Council to provide a brief oral report on any conference, meeting or travel paid for by the City. If more than one Councilmember attended the same event,, the Mayor may designate one attendee to give the report. 2. ORAL REPORTS — COUNCIL COMMITI'EES AND REGIONAL BOARDS ADJOURNMENT - The next meeting of the City'Council is scheduled for Tuesday, September 18, 2018 at 5:00 p.m for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at. 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS • Policy on Use. of General Reserve and -Enterprise Funds CITY COUNCIL AGENDA 15 SEPTEMBER 4, 2018 1 OB -45 Name Chair' Meetin Date a. Economic Development Infrastructure, Budget and Technolo Committee Sarmient11 1�o . 8/20/2018 ADJOURNMENT - The next meeting of the City'Council is scheduled for Tuesday, September 18, 2018 at 5:00 p.m for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at. 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS • Policy on Use. of General Reserve and -Enterprise Funds CITY COUNCIL AGENDA 15 SEPTEMBER 4, 2018 1 OB -45 10 B-46 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 TITLE: ORDINANCE SECOND READING: IMPLEMENTING EXPEDITED STREAMLINED ELECTRIC VEHICLE CHARGING STATIONS PERMITTING PROCESS (STRATEGIC PLAN NO. 5,1) _ 4ITk MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On August 21, 2018, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 5-0 (Sarmiento and Tinajero absent): ORDINANCE NO. NS -2953 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING A NEW ARTICLE XVII TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS In summary, the ordinance expands the current solar review, permitting, and inspection streamlining process to include electrical vehicle charging stations (EVCS). This expansion of expedited service will satisfy the conditions of AB1236 as it pertains to EVCS and continue the City's goals of supporting and promoting energy efficient and cost-effective conservation alternatives. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 11 A-1 Second Reading Ordinance: Electric Vehicle Streamlining Process September 4, 2018 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar Clerk of the Council Exhibit: 1. Ordinance No. NS -2953 11 A-2 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING A NEW ARTICLE XVII TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS WHEREAS, the City Council of the City of Santa Ana seeks to implement Assembly Bill 1236 (Chapter 598, Statutes 2015) through the creation of an expedited, streamlined permitting process for electric vehicle charging stations; and WHEREAS, the City Council wishes to encourage the installation of electric vehicle charging stations by all of its residents and businesses; and WHEREAS, it is in the interest of the health, safety , and welfare of the residents and businesses of the City to provide an expedited permitting process for electric vehicle charging stations to assure the effective deployment of electric vehicle charging stations technology, in accordance with the requirements of Assembly Bill 1236. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND ORDAINED by the City Council of the City of Santa Ana, as follows: Section 1. Findings. The above recitals are true and correct and are incorporated herein by this reference. Section 2. Article XVII is added to Chapter 8 of the City of Santa Ana Municipal Code to read in its entirety as follows: "ARTICLE XVII. ELECTRIC VEHICLE CHARGING STATIONS" 8-2901 Applicability and Purpose 8-2902 Electric Vehicle Charging Stations Requirements 8-2903 Duties of the Building Department 8-2904 Expedited Permit Review and Inspection Requirements Sec. 8-2901. Applicability and Purpose. This Article applies to the permitting of all electric vehicle charging stations in the City. Electric vehicle charging stations legally established or permitted prior to the effective date of this Article are not subject to the requirements of this Article unless physical modifications or alterations are undertaken that materially change the size, type, or components of the electric vehicle charging station in such a way as to require new permitting. Routine operation and maintenance or like -kind replacements shall not require a permit. 11 A-3 Sec. 8-2902. Electric Vehicle Charging Station Requirements. (a) "Electric vehicle charging station" or "charging station" means all of the following: (1) Any level of electric vehicle supply equipment station; (2) Is designed and built in compliance with Article 625 of the California Electrical Code; (3) Delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle; (4) Conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City, and all state and City health and safety standards. (b) An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. Sec. 8-2903. Duties of the Building Department. (a) A checklist and required permitting documentation of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review and all documents required for the submission of an expedited electric vehicle charging station shall be published on the City's publicly accessible Internet Web site. (b) Electronic submittal of the required permit application and documents via email, or facsimile shall be made available to all electric vehicle charging station permit applicants. Web site applications may be allowed at such time in the future that the technology is made available by the City. (c) An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. (d) The Building Department shall adopt a checklist and required permitting documentation of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. (e) The checklist and required permitting documentation of all requirements with which electric vehicle charging stations may refer to the recommendations contained in the most current version of the "Plug -In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero -Emission Vehicles in California: Community Readiness Guidebook" published by the Governor's Office of Planning and Research. 11 A-4 Sec. 8-2904. Expedited Permit Review and Inspection Requirements. (a) The Building Department shall adopt an administrative, nondiscretionary review process to expedite the approval of electric vehicle charging stations applications within thirty (30) days of the adoption of this Article. (b) An application for electric vehicle charging stations that meets the requirements of the checklist and required permitting documentation of all requirements shall be deemed complete, and the Building Department shall issue a building permit or other non -discretionary permit at an expedited rate. (c) Review of the application shall be limited to the Building Department's review of whether the applicant meets local, state and federal health and safety requirements. (d) If an application for electric vehicle charging station is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permitting shall be provided to the applicant for resubmission. (e) At the time of the adoption of this Article, the City does not have the technical capability to accept electronic signatures, therefore, acceptance of an electronic signature is not required. (f) Inspections shall be required and performed by the Building Department for electric vehicle charging stations. (g) The inspection shall be done in an efficient inspection process, in a timely manner, and should include consolidated inspections; inspection measures taken should be consistent with safety requirements to ensure that the electric vehicle charging stations are properly installed. (h) If an electric vehicle charging station fails inspection, a subsequent inspection is authorized, but need not conform to the requirements of this Article. Section 3. CEQA. This Ordinance does not commit the City to any action that may have a significant effect on does not constitute a project subject Environmental Quality Act. the environment. As a result, such action to the requirements of the California Section 4. Effective Date. This Ordinance shall become effective thirty (30) days following its second reading and adoption. Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 11 A-5 ADOPTED this _day of ..2018. Miguel A. Pulido Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT:Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Maria D. Huizar, Clerk of the Council 11 A-6 r i CITY OF SANTA ANA COUNCIL COMMITTEE MEETING AGENDA ECONOMIC DEVELOPMENT, INFRASTRUCTURE,.BUDGET AND TECHNOLOGY COMMITTEE MONDAY,.MAY 14,-2018 5:00 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Michele Martinez, Chairperson Vicente Sarmiento PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. Approval of Minutes of the March 12, 2018 Regular Meeting {Strategic Plan No. 5, 1} 2. Verbal Update on Housing Opportunity Ordinance — Staff Recommendations {Strategic Plan No. 5, 31 (Minh Thai & Candida Neal, PBA) 3. Update on General Plan {Strategic Plan No. 5, 31 (Minh Thai & Candida Neal, PBA) 4. Update on the School Lead Sampling Program {Strategic Plan Goal 5, 1 i} (Nabil Saba, PWA) (5 min) 5. Update on the Purchase of Real Property located at 202 Flower Street for future Water Well {Strategic Plan 6.1, c} (Nabil Saba, PWA) (5 min) 6. Small Cell Wireless Facility Ordinance Review and Discussion {Strategic Plan No. 6, 1 i} (William Galvez, PWA; Jack Ciulla, ITD) 7. 17th and Tustin Presentation {Strategic Plan No. 3, 5a} (Robert Cortez, CMO) 8. Presentation of Recommended Locations for the Underground Utility District {Strategic Plan No. 6, 1g} (William Galvez and Jason Gabriel, PWA) 9. Update on Open Data Portal and ESRI Tools {Strategic Plan No. 7, 2c} (Jack Ciulla, ITD) 10. Housing Work Group Meeting {Strategic Plan No. 5, 3} (Steven Mendoza, CDA) Santa Ana City Council Miguel A. Pulido Michele Martinez Vicente Sarmiento Jose SaladoI P. David Benavides Juan Villages Sal Tinajero Mayor MayorProTem, Ward 2 Ward Ward Ward Ward I Ward MPUNdoa.s t.ana.am MMaNnez(�sanUana om 1/aamiimMHsantaana wa JS*WoAunUana.wa DBenauMeslAunlaana.om JYAeoasfAsanWana as ST„3eroiffissnlaana.om City Hall, 20 Civic Center Plaza • P.O. Box 1988 . Santa Ana, California 92702 Mayor & Council Telephone: 714-647.6900 • Agenda Item Inquiries: 714-647-6960 Website: http:lhw.ci.santaana.ca.us/coc/granicus.asp 13A-1 STAFF COMMENTS COMMITTEE MEMBER COMMENTS ADJOURNMENT — The next regular meeting is scheduled for Monday, July 9th at 5p.m. If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] The complete Strategic Plan document is available at http://www.sonta-ana.org/strategic-planning/ ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET 2 May 14, AND TECHNOLOGY AGENDA 13A-2 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY CALL TO ORDER: ATTENDANCE: MEMBERS ABSENT: STAFF PRESENT: REGULAR MEETING MINUTES May 14, 2018 City Hall 20 Civic Center Plaza, Room 1600 Santa Ana, CA 5:05 p.m. Council Committee members: Michele Martinez, Chairperson Vicente Sarmiento None Raul Godinez II, CMO Steven Mendoza, CDA Francisco Gutierrez, FMSA Sergio Vidal, FMSA Jack Ciulla, ITD Candida Neal, PBA Bianca Zurita, CDA Robert Cortez, CMO Minh Thai, PBA William Galvez, PWA Nabil Saba, PWA Taig Higgins, PWA Jason Gabriel, PWA GUESTS PRESENT: Peter Katz, Com -Link; Carl Benning, Com -Link; Bob Jystad, Crown Castle; Peter Whittingham, WPAA; Jennifer Daw, Chick-fil-A; Katie Sanchez; In -N -Out PUBLIC COMMENTS Peter Katz, President of Com -Link Board, commented on potential revenue to city from sale of vacant land. Stated that a marketing director is needed to sell properties and speak to owners to develop land. • Jennifer Daw, Development Manager for Chick-fil-A, spoke on agenda item 7, seeking approval for development of project. Joint development with Chick-fil-A and In -N -Out. Asking to direct staff to move forward with necessary annexation requests for approval to extend the sewer line. Needs to meet requirement with County of Orange for development. • Katie Sanchez, Development Manager for In -N -Out Burger, spoke on agenda item 7, working with Chick-fil-A for last three years on development project. Need to get through entitlement process with County of Orange for development of property to move forward. May 14, 2018 1 Economic Development, Infrastructure, Budget & Technology Minutes 13A-3 • Robert Jystad, Crown Castle, spoke in support of item 6 and welcomes working with the City. Has plans to build over 200 nodes in Santa Ana and is willing to help work on ordinance. AGENDA DISCUSSION ITEMS 1. Approval of Minutes from Regular Economic Development, Infrastructure, Budget and Technology Committee Meeting of March 12, 2018. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Martinez, Sarmiento (2) NOES: None (0) ABSENT: None (0) 2. Verbal Update on Housing Opportunity Ordinance — Staff Recommendations (Strategic Plan No. 5, 3) - (PBA) Candida Neal, Planning Manager, provided update on Housing Opportunity Ordinance (HOO). Ordinance has requirement that it must be reviewed by full council before December 31, 2018. Staff is in need of direction regarding issues that have come up: 1) Density Bonus; 2) Policy consideration on general location on affordable housing; 3) Payment in lieu fee timing and fee structure. Disappointing that no affordable units constructed as part of market rate housing in those projects. So how do we encourage developers? Additionally, role of developers' input on allocation of housing funds. Councilmember Sarmiento noted housing element would be a good source to look at. Goal is to build on-site. Provide flexibility and relaxation of conditions for those that build on-site; adjust units and other things. Chair Martinez inquired on when there is a trigger to HOO, if there are any changes in zone and what process is like. Candida Neal stated the basic trigger is if you are changing zoning or general plan to accommodate your project. Other trigger in transit zoning code is where zone base is industrial but want to develop as residential, our ordinance is triggered. Chair Martinez supportive of making sure that everyone is able to build affordable housing on-site. Section 8 housing is an opportunity to leverage funds. Councilmember Sarmiento further commented that as project criteria is met, staff's comprehensive comments on needs are helpful to council and beneficial to department. 3. Update on General Plan (Strategic Plan No. 5, 3) - (PBA) Minh Thai, Executive Director of Planning and Building, provided presentation on General Plan Update — Status Report. Initiated in 2016, with estimated budget of $2 - $2.57 to complete. Included extensive public outreach community engagement meetings, general plan advisory group (GPAG) meetings to develop draft vision statement and goals and policies to be presented to City Council. Milestones, budget expended/needed and source were also included in presentation. May 14, 2018 1 Economic Development, Infrastructure, Budget & Technology Minutes 13A-4 (Item 7 taken out of order) 7. 17th and Tustin Presentation (Strategic Plan No. 3, 5a) - (CMO) Robert Cortez, Deputy City Manager, provided presentation: 17'h Street and Tustin Ave. County Unincorporated Island. This county island is 24.7 acres; project area is 3.3 acres and owner of vacant land is interested in developing. Development needs connection to nearest sewer line. For City's part; LAFCO and County require an Out -of -Area Service Agreement and commitment to annexation; otherwise they will not allow development to go forward. Process steps and options for consideration were detailed. Moved and Seconded Motion to move forward with Option C — City to file for annexation application for 17th Street/Tustin Avenue Island. (Item 10 taken out of order) 10. Housing Work Group Meeting {Strategic Plan No. 5, 3) (CDA) Steven Mendoza, Executive Director, Community Development Agency provided presentation entitled: Housing Working Group Meetings. Overview of meetings held for both property owners and tenant/residents. Information to be taken to full council and include staff follow-up and next steps. Committee members commented on need to address issues and support rights of tenants and support responsible owners. Chairperson Martinez would like staff to coordinate bringing groups together to meet and discuss. Recommendations: 1) Through CDBG use two organizations (Fair Housing & Public Law Center) to focus and help residents. 2) Possible bridge funding for residents who don't qualify for affordable housing and don't meet income threshold. Assure building is for current Santa Ana residents, not people outside who qualify. Need some sound policies. (Item 5 taken out of order) 5. Update on the Purchase of Real Property located at 202 Flower Street for Future Water Well (Strategic Plan No. 6, 1c) (PWA) Nabil Saba, Water Resources Manager, Public Works Agency, provided presentation: 202 Flower Street Future Well Site. Located site next to Walnut pump station, currently being reconstructed. Site is vacant and owner is willing to sell. PWA plans to purchase site to build replacement water well for pumping station. This will allow more groundwater to be pumped to enhance the water system and replace aging water wells. 4. Update on the School Lead Sampling Program (Strategic Plan No. 5, 11) - (PWA) Presentation: X-12 Schools Lead Sampling' provided by Nail Saba, Water Resources Manager, Public Works Agency. Brief update on engagement with Santa Ana Unified School District, Tustin Unified, and Garden Grove Unified to sample for lead in drinking water. Mandate from State in October 2017 that required water system from City to provide free sampling to schools. All three school districts requested sampling and should be completed by July 2019. Noted that any findings or needed correction would be the responsibility of school. May 14, 2018 1 Economic Development, Infrastructure, Budget & Technology Minutes 13A-5 9. Update on Open Data, Portal and ESRI Tools (Strategic Plan No. 7, 2c) (ITD) Jack Ciulla, Chief Technology Innovations Officers, provided presentation. IT will be centralizing databases and adopted ESRI Local Government Information Model (LGIM) which has common data elements. Multiple standard layers imported to new model; many other layers, including City -owned assets, utility information, and other City -specific data layers will be imported. After database set-up, next step will be to get servers and portals that connect to database and make information available to internal staff, as well as external staff. Future plans include utilizing ESRI ArcGIS Solution Apps/Maps and to expand out Data Portal. Strategy for Open Data is to have several data portals because of different types of data and formats. Currently available are: GIS Data Portal, Financial Portal, and Record Portal. In development is the Data Portal containing raw datasets tied to website and is estimated to be available in late August. 6. Small Cell Wireless Facility Ordinance Review and Discussion (Strategic Plan No. 6, 1i) PWA) William Galvez, PWA Acting Executive Director, provided presentation: Small Cell Site Ordinance, giving background and needs for update. Process will review other cities with Small Cell Facility ordinances and amend Santa Ana Ordinance as recommended by Magellan Advisors, with input from IT, CAO and PBA. Draft ordinance would be available for public vetting and input from utilities prior to bringing to full council. Distinguishing elements and timeline information was also included in presentation. Jack Ciulla, ITD, added these are the first steps that lead into Fiber master planning. Committee members requesting location map of streetlight sites when brought to full council. Chair Martinez stated she will be gone the month of July and would like to be briefed or see template by June to provide comments. 8. Presentation of Recommended Locations for the Underground Utility District (Strategic Plan 6,1g) (PWA) William Galvez, PWA, reviewed presentation: Bristol Street Corridor/ Warner Avenue Corridor. Covered benefits of underground utilities and funding. Funding Rule 20A and 20B reviewed with committee. Underground district for Bristol Street project already exists with several segments of Bristol undergrounded. Some future districts could be covered under this Bristol Street Rule 20B funds. To be brought to council is need to establish Underground District on Warner Avenue from Main to Grand. In order to use Rule 20A funds; need to establish district by establishing resolution, hence council action required. Warner would be done in two phases. Cash-flow chart also reviewed for Warner Improvements. ITEMS MOVED TO NEXT COMMITTEE MEETING None May 14, 2018 1 Economic Development, Infrastructure, Budget & Technology Minutes 13A-6 PUBLIC COMMENTS: None STAFF MEMBER COMMENTS: None COMMITTEE MEMBER COMMENTS: IRTT NEXT MEETING: Monday, July 9, 2018 Adjournment — 6:35 p.m. Audio of meeting available at: http://www.ci.santa-ana.ca.us/coc/granicus.asp May 14, 2018 1 Economic Development, Infrastructure, Budget & Technology Minutes 13A-7 13A-8 CITY OF SANTA ANA /f ;a . a• COUNCIL COMMITTEE SPECIAL MEETING AGENDA ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGCI MMITTEE THURSDAY, JUNE 14, 2018 5:00 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 160 O� 20 Civic Center Plaza, Santa Ana, CalifornjN Committee Members: Michele M irlWMhairperson P. David vides Vicente Wiento PUBLIC COMMENTS - Members of the public are allow Q minutes to speak on agenda items or matters within the jurisdiction of the Committee. `� AG ITEMS 1. Approval of Minutes of the May 1418 Regular Meeting {Strategic Plan No. 5, 1} 2. Presentation on Seismic Res{Strategic Plan 6,1 C} (Dr. Lucy Jones, Dr. Lucy Jones Center) 3. Verbal Review of Fisc 2017-18 Audit Schedule {Strategic Plan No. 4, 1 C} (Sergio Vidal, FMSA) G Santa Ana City Council Miguel A, Pulido, I Michele Mar nez, I Vicente Sarmlento, Jose Solodo, I P. David 9enavides, Juan Villages, Sal Tinajero, Mayor Ma or Pro Tem, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 MP redo wMaana.ma MMaNnezrmsenra-ana.om vsaammro�eaauaaa em Jaolaio®vMaa�u.aa Mena idesrmeemaara.om Mrneoaysa nta na.mv srama,ameaauana om City Hall, 20 Civic Center Plaza - P.O. Box 1988 - Santa Ana, California 92702 Mayor & Council Telephone: 714-647.6900 - Agenda Item Inquiries: 714.647.5363 - Website: w .santaana.ora 13A-9 STAFF COMMENTS COMMITTEE MEMBER COMMENTS ADJOURNMENT—The next regular meeting is scheduled for Monday, July gth at 5:000 P!I _19 11* If you need special assistance to participate in this meeting, please contact Michael Ortiz, CIOProgram Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City enough time t 1% reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title ll, 28 CFR 35.104N The complete Strategic Plan document is available at ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET 2 JUNE 14, 2018 AND TECHNOLOGY AGENDA 13A-10 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY SPECIAL MEETING MINUTES JUNE 14, 2018 CALL TO ORDER: City Hall 20 Civic Center Plaza, Room 1600 Santa Ana, CA 5:40 PM ATTENDANCE: Council Committee members: Michele Martinez, Chairperson MEMBERS ABSENT: P. David Benavides Vicente Sarmiento STAFF PRESENT: Raul Godinez II, CMO Jorge Garcia, CMO Steven Mendoza, CDA Mike Fetner, ITD Francisco Gutierrez, FMSA William Galvez, PWA Sergio Vidal, FMSA Daisy Perez, CMO Teresa Ramirez, FMSA GUEST PRESENT: • Dr. Lucy Jones of Dr. Lucy Jones Center City Manager, Raul Godinez II, announced that the Special Meeting scheduled for June 14, 2018 at 5:00 PM was canceled due to lack of quorum. Presentation on Seismic Resiliency by Dr. Lucy Jones was heard by Economic Development, Infrastructure, Budget and Technology members present and concluded at 6:35 PM. The next meeting is scheduled for Monday, July 9, 2018 at 5:00 PM. ianca L. Zuri Recording Secretary Community Development Agency June 14, 2018 1 Economic Development, Infrastructure, Budget & Technology Minutes 13A-11 r"N r 13A-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED RECEIVE AND FILE PUBLIC WORKS ❑ As Recommended AGENCY STATUS OF PROJECTS - ❑ As Amended ❑ Ordinance on 151 Reading MONTHLY CAPITAL IMPROVEMENT ❑ Ordinance on 2nd Reading PROGRAM EXECUTIVE REPORT FOR ❑ Implementing Resolution AUGUST 2018 ❑ Set Public Hearing For (STRATEGIC PLAN NO. 5, 1) RECOMMENDED ACTION CONTINUED TO FILE NUMBER Receive and file the Public Works Agency Status of Projects - Monthly Capital Improvement Program Executive Report for August 2018. The August 2018 Capital Improvement Program (CIP) Executive Summary (Exhibit 1) provides Public Works Agency activity in alignment with the City's Strategic Plan. The report includes tasks, next steps, outcomes, and percentage completed for each project. The CIP Executive Summary Schedule for all projects is available on the City's website at: hhtt ://www.santa-ana.orq/pwa/documents/ExecutiveMonthlyCIPAugust2018.Pdf The following remarks are provided to note significant matters related to CIP projects: Civic Center ADA Access The Civic Center Americans with Disabilities Act (ADA) access project is a Parks, Recreation and Community Services Agency project. The goal is to provide new ADA -compliant handicapped ramps in the southern and northern sections of the City of Santa Ana Council Chambers. The project consists of removing and replacing portions of existing retaining walls, concrete sidewalk, new landscaping, irrigation system, new lighting, and other miscellaneous concrete features to meet ADA requirements. The bid opening is scheduled for September 5, 2018. 19C-1 Monthly CIP Executive Report for August 2018 September 4, 2018 Page 2 Bristol Street Improvements (Washinaton Avenue to 17th Street The infrastructure improvements along the west side of Bristol Street have been substantially completed, and access to Santa Ana College's entrance has been restored in time for start of the fall semester. The next phase of the project includes construction of the center median islands, additional traffic signal improvements, landscaping, and the final asphalt surface for the roadway. The project is still on schedule and expected to be completed this fall. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #1 (establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. rJ Fuad Swiss, PE, PLS Executive Director Public Works Agency FSS/WEG Exhibits: 1. CIP — Executive Summary Schedule may be reviewed at: 2. Project Location Map 19C-2 Gl f N uQ s ' ' c� W � � m O' O YE '� w .o• m 3 mR Z uF E F 0 p V V ~ S� 12 mull? 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NN. p`N O LL C O 'N NNN rN NN � �� as3aaasas�asasas'aes�aa E; V 3 1O 1D N N M'b N N N m T 4, NIO 10 e} N M O 1 Q M1 I u ' o I i V ge Q u � _ > C N O N Ec u's r E y EIn=o g a o f in: E E s 2 N c¢ x, t r -Er a, w,.o = 'v � N. 3r v -NE E E' E i i.F d .�� e__e �OP E'.2!122 ¢�rE lcwnE G � c•E � mil i m.t Ao bi'a�_iw'E m«>,N va a off”; E q tR a¢ o E Wr3 3m '� 'c u n c m ^+ s` 'a•c"r3 u � dr�dr i � m i i�s`ci uS n' 1R r' � a 19C-6 CIP Project Location Map: August 2018 City of Santa Ana PROJECT LEGEND 0 Bristol Street Improvements (Washington to 17th) 0 x Y2 • Civic Center ADA Access MIMIMEMI= Miles -Ti T F!;� ET" If 11 Qk J, Tq4 4-T Ti I L %T VETAAV, I L LtJ 7L GARDENMir," T FV 14 TD [FAIRHAVINAV TT "'10�1 IAV, 03 L is J j L11 -0 9 H ST )VESTIAINS IR Ay I I! T J i - , - �T g LT,l , - I -WAS , - -, ; I AV 17 1 1 7FTI Z - j� J "r",4 CIV Tr CENTER: J T L 7 4tz -1-SM NA BLVD Y I J -1 ifsT r— T. 1STST 1 J !— � ", w / P i 'i I i _d 0 � A n . , , I ILL, MCFADDEN AV L 4 X TL IllIl '-M114 a if INGER AV, IT r I I I A I I IN— �6 .0 1. '7 iE� I -A f: L 7 if If FTi WAxKERAV I 11 IN N,ER!AV I I 00 i L -5 SEGERSI"ROM A%F�' - DYER t RD l - In J -I- if F MACARTHUR BLVD J_ LO -4 A AV' t i K, �F I- f�k,! Sy /P PROJECT LEGEND 0 Bristol Street Improvements (Washington to 17th) 0 x Y2 • Civic Center ADA Access MIMIMEMI= Miles -Ti 19C-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 TITLE: APPROVE AN AGREEMENT ACCEPTING OFFICE OF TRAFFIC SAFETY STEP PROGRAM GRANT FUNDS AND APPROPRIATION ADJUSTMENT (STRATEGIC PLAN NO.1, 3113) r r CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute a one-year agreement with the State Office of Traffic Safety for Selective Traffic Enforcement Program (STEP) Grant funds, for the period of October 1, 2018 through September 30, 2019, in an amount not to exceed $457,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing State of California, Office of Traffic Safety, Selective Traffic Enforcement Program (STEP) Grant funds in the amount of $457,000 in the Office of Traffic Safety revenue account and appropriate same to expenditure accounts. DISCUSSION The Santa Ana Police Department has been awarded a $457,000 grant from the State of California, Office of Traffic Safety under the Selective Traffic Enforcement Program (STEP). The goal of this program is to reduce the number of persons killed and injured in crashes involving alcohol, speed, red light violations, distracted driving, and other primary collision factors. To accomplish these goals, the program will fund both education and enforcement activities. The enforcement activities will follow proven, "best practice" strategies and will be conducted on an overtime basis. The funded strategies will include DUI checkpoints and DUI saturation patrols to apprehend impaired drivers. The program will also concentrate on bicycle/pedestrian safety, speed violations, aggressive driving, and seat belt enforcement. The educational portion of the grant will include funding to facilitate multi -media presentations at local high schools in partnership with the Santa Ana Unified School District. Promotional and educational materials will be made available to support ongoing outreach programs already in place. This one-year agreement covers the program period from October 1, 2018 through September 30, 2019. 20A-1 Agreement with State Office of Traffic Safety September 4, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing and reducing criminal activity and traffic collisions). FISCAL IMPACT The appropriation adjustment will enhance the Office of Traffic Safety revenue account (no. 16514002-52001) by $457,000.00 and appropriate same to expenditure account (no. 16514414 - various) for the following fiscal years: FY 2018-19 $340,500 FY 2019-20 $116,500 Total $457,000 UTOJ• _ • ►I9Jy"k FRIFTIT91019111011N Cvid entin Sergio al ief of Police Assistant Director Santa Ana Police Department Finance and Management Services Agency Exhibit: 1. Agreement with State Office of Traffic Safety 20A-2 State of California — Office of Traffic Safety GRANT AGREEMENT GRAM' NUMBER PT19133 f. GRANT TITLE Selective Traffic Enforcement Program STEP 2. NAME OF AGENCY 3. Grant Period Santa Ana From: 10/01/2018 4. AGENCY UNIT TO ADMINISTER GRANT Santa Ana Police Department To: 09/30/2019 S. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary collision factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary collision factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian collisions, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $457,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A— Problem Statement, Goals and Objectives and Method of Procedure • Schedule B — Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule B-1 — Budget Narrative and Sub -Budget Narrative (if applicable) • Exhibit A— Certifications and Assurances • Exhibit B•— OTS Grant Program Manual *Items shown with an asterisk (•), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF this Agreement has been executed by the parties hereto. 8. Approval Signatures A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF AGENCY NAME: Jeffrey Smith PHONE: (714) 245-8210 NAME: Raul GOdinez PHONE: (714) 647-5200 TITLE: Commander FAX: (714) 245-9180 TITLE: City Manager FAX: (714) 647-6956 ADDRESS: 60 Civic Center Plaza ADDRESS: 60 Civic Center Plaza PO Box 1981 PO Box 1981 Santa Ana, CA 92702 Santa Ana, CA 92702 EMAIL: jsmith2@santa-ana.org EMAIL: rgodinez@santa-ana.org (Signature) (Date) (Signature) (Date) C. FISCAL OR ACCOUNTING OFFICAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: Sergio Vidal PHONE: (714) 647-5295 NAME: Rhonda L. Craft PHONE: (916) 509-3030 TITLE: Assistant Director of FAX: (714) 647-6956 Finance & Management Services TITLE: Director FAX: (916) 509-3055 ADDRESS: 20 Civic Center Plaza ADDRESS: 2208 Kausen Drive, Suite 300 PO Box 1981 Elk Grove, CA 95758 Santa Ana, CA 92702 EMAIL: svidal@santa-ana.org EMAIL: rhonda.cmft@ots.ca.gov (Signature) Date (Signature) (Date) E. ACCOUNTING OFFICER OF OFFICE OF TRAFFICSAFETY 9, DUNS INFORMATION DUNS #:083153247 NAME: Carolyn Vu REGISTERED ADDRESS: 20 Civic Center Plaza, 2nd Floor, ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 P.O. Box 1988 CITY:Santa Ana ZtP+4:92701.4058 8/27/2018 8:35:25 AM 20A-3 Page I of 15 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 405d AL -19 20.616 0521-0890-101 2018 2018 29/18 $6.000.00 402PT-19 20.600 0521-0890-101 2018 2018 29/18 $157.000.00 164 -AL -19 20.608 0521-0890.101 2018 2018 29/18 $294.000.00 AGREEMENT TOTAL $457,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT 5457,000.00 / CERTIFYupon bud et own personal knowledge that the budgeted je o ftjor the current budget year are availablefor the period and purpose of the expenditure stated above. PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE TOTAL AMOUNT ENCUMBERED TO DATE SIGNED Z $457,000.00 ATTEST: MARIA D. HUIZAR Clerk of the Council 8/27/2018 8:35:25 AM APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA R. CARVALHO DAVID VALENTIN City nmey Chief of Police By: TAMARA O 0 IA Assistant City Atto ey 20A-4 Page 2 of 15 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PT19133 1. PROBLEM STATEMENT The City of Santa Ana is a dynamic and diverse municipality. It is the heart of employment within Orange County drawing hundreds of thousands of persons the city on a daily basis. The city features culturally rich landmarks to include Bowers Museum, Orange County High School for the Arts, Cal State University Fullerton Center for the Arts which is a popular destination for student and art aficionados. The downtown area is a popular destination which attracts residents and non-residents alike on weekend nights. This populous increase has caught the attention of chic restaurants and trendy bars, which have flocked to open establishments in the area and welcome all patrons. This influx of patrons has significantly increased the number of drivers on the road in the evenings, many of whom have consumed alcohol. The city of Santa Ana is the home of approximately 330,000 residents. It has approximately 477 miles of local, arterial and collector roadways. They are patrolled by approximately 154 swam police officers who are fielded either in a patrol assignment or traffic enforcement. The Traffic Division has 17 sworn officers. This includes two Sergeants, two Corporals and thirteen officers. One Corporal and two sworn officers are assigned as collision investigator s and are not regularly fielded for the purpose of traffic enforcement. There are eleven motor officers who are tasked with daily traffic enforcement and collision investigation. In 2015 and 2016, there were 22 fatal traffic collisions respectively. In 2017, there were 19 fatal collisions. Many of these fatalities have been the result of alcohol related collisions and pedestrian collisions. Injury traffic collisions have increased from 1405 in 2015 to 1565 in 2017. Nearly one-half of all injury traffic collisions have been caused by three PCF's: Right -of -Way, Unsafe Speed, and Signs & Signals. Our City has committed itself to traffic safety. In the current five-year strategic plan, traffic safety was deemed a top priority, specifically pedestrian safety. In response, the Traffic Division has dedicated to participating in education programs targeting all children and adults. We have hired an employee to focus on the aforementioned efforts. Through our work and focus in education, both grant -funded and internally -funded measures, we remain optimistic in the prevention of tragic consequences of unsafe drivers, pedestrians, and impaired drivers. The educational efforts, in conjunction with vital enforcement activities will have a tremendous effect on the community and make our roadways safer. We are looking forward to a successful partnership with the California Office of Traffic Safety as we make are streets safer for all. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic collisions. 2. Reduce the number of persons injured in traffic collisions. 3. Reduce the number of pedestrians killed in traffic collisions. 4. Reduce the number of pedestrians injured in traffic collisions. 5. Reduce the number of bicyclists killed in traffic collisions. 6. Reduce the number of bicyclists injured in traffic collisions. 7. Reduce the number of persons killed in alcohol -involved collisions. 8. Reduce the number of persons injured in alcohol -involved collisions. 9. Reduce the number of persons killed in drug -involved collisions. 10. Reduce the number of persons injured in drug -involved collisions. 11. Reduce the number of persons killed in alcohol/drug combo -involved collisions. 12. Reduce the number of persons injured in alcohol/drug combo -involved collisions. 13. Reduce the number of motorcyclists killed in traffic collisions. 14. Reduce the number of motorcyclists injured in traffic collisions. 15. Reduce hit & run fatal collisions. 16. Reduce hit & run injury collisions. 17. Reduce nighttime (2100 - 0259 hours) fatal collisions. 18. Reduce nighttime (2100 - 0259 hours) iniury collisions. B. Objectives: 8/27/2018 8:35:25 AM 20A-5 Target Number Page 3 of 15 I . Issue a press release announcing the kick-off of the grant by November 15. The kick-off 1 press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. Participate and report data (as required) in the following campaigns, National Walk to 10 School Day, NHTSA Winter & Summer Mobilization, National Bicycle Safety Month, National Click it or Ticket Mobilization, National Teen Driver Safety Week, National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 3. Develop (by December 31) and/ormaintain a " HOT Sheet" program to notify patrol and 12 traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated HOT sheets should be distributed to patrol and traffic officers monthly. 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing 4 SFST minimum 16 hours POST -certified training. 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving 2 Enforcement (ARIDE) 16 hour POST -certified training. 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2 7. Send law enforcement personnel to the DRE Recertification training. 2 8. Send law enforcement personnel to SFST Instructor training. 1 9. Send law enforcement personnel to DRE Instructor training. I 10. Conduct DUI/DL Checkpoints. A minimum of I checkpoint should be conducted during 15 the NHTSA Winter Mobilization and I during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre -approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained. 11. Conduct DUI Saturation Patrol operation(s). 50 12. Conduct Traffic Enforcement operation(s), including but not limited to, primary collision 43 factor violations. 13. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers 20 using hand held cell phones and textin . 14. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during 2 events with a high number of motorcycle incidents or collisions resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary collision factor violations by motorcyclists and other drivers. 15. Conduct Nighttime 1800-0559) Click It or Ticket enforcement operation(s). 2 16. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or 20 during events with a high number of pedestrian and/or bicycle collisions resulting from violations made by pedestrians, bicyclists, and drivers. 17. Conduct Traffic Safety educational presentation(s) with an effort to reach community 16 members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 18. Instruct SFST/ARIDE/DRE, which includes field certification instruction for DRE students. 3. METHOD OF PROCEDURE A. Phase 1— Proeram Preparation (1" Quarter of Grant Year) • The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted this quarter. • All grant related purchases needed to implement the program should be made this quarter. • In order to develop/maintain the "Hot Sheets," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot 8/27/2018 8:35:25 AM 20A-6 Page 4 of 15 Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. Hot Sheets should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high collision locations. Media Requirements • Issue a press release announcing the kick-off of the grant by November 15, but no earlier than October 1. If unable to meet the November 15 date, communicate reasons to your OTS Coordinator. The kick-off press releases and any related media advisories, alerts, and materials must be emailed for approval to the OTS Public Information Officer at oio(&ots.ca.gov, and copied to your OTS Coordinator, 14 days prior to the issuance date of the release. B. Phase 2 — Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements • Send all grant -related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at pip a ots.ca.gov, with a copy to your OTS Coordinator. The following requirements are for grant -related activities and are different from those regarding any grant kick-off release or announcement. • If an OTS -supplied, template -based press release is used, there is no need for pre -approval, however, the OTS PIO and Coordinator should be copied when at the same time as the release is distributed to the press. • If an OTS -supplied template is not used, or is substantially changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead-time would be 10 days prior to the release distribution date, but should be no less than 5 working days prior to the release distribution date. • Press releases reporting the immediate and time -valued results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. • Activities such as warrant or probation sweeps and court stings that could be compromised by advanced publicity are exempt from pre -publicity, but are encouraged to offer embargoed media coverage and to report the results. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant -related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at oio(r.ots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Space permitting, include the OTS logo, on grant -funded print materials; consult your OTS Coordinator for specifics and format -appropriate logos. • Contact the OTS PIO or your OTS Coordinator, sufficiently far enough in advance of need, for consultation when deviation from any of the above requirements mieht be contemplated C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) • Invoice Claims (due January 30, April 30, July 30, and October 30) • Quarterly Performance Reports (due January 30, April 30, July 30, and October 30) • Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant -funded items, and significant media activities. Include status of grant -funded personnel, status of contracts, challenges, or special accomplishments. • Provide a brief summary of quarterly accomplishments and explanations for objectives not comoleted or plans for upcoming activities. 8/27/2018 8:35:25 AM 20A-7 Page 5 of 15 • Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 8/27/2018 8:35:25 AM 20A-8 Page 6 of 15 State of California— Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER PT19133 FUND NUMBER CATALOGNUMBER FUND DESCRIPTION TOTAL AMOUNT Positions and Salaries Full -Time (CFDA) $0.00 Overtime DUI/DL Checkpoints 405d AL -19 20.616 Impaired Driving Countermeasures $6,000.00 402PT-19 20.600 State and Community Highway $157,000.00 Distracted Driving 20.600 Safety Motorcycle Safety 164 AL -19 20.608 Minimum Penalties for Repeat $294,000.00 $3,100.00 Pedestrian and Bicycle Enforcement Offenders for Driving While $31,000.00 SFST/ARIDE/DREInstruction 20.616 Intoxicated Part -Time COST CATEGORY CFDA TOTAL COST TO GRANT A. PERSONNEL COSTS Positions and Salaries Full -Time $0.00 Overtime DUI/DL Checkpoints 20.608 $147,000.00 DUI Saturation Patrols 20.608 $147,000.00 Traffic Enforcement 20.600 $86,000.00 Distracted Driving 20.600 $30,800.00 Motorcycle Safety 20.600 $3,100.00 Night-time Click It Or Ticket 20.600 $3,100.00 Pedestrian and Bicycle Enforcement 20.600 $31,000.00 SFST/ARIDE/DREInstruction 20.616 $6000.00 Part -Time $0.00 Category Sub -Total $454,000.00 B. TRAVELEXPENSES In State Travel 20.600 $3,000.00 $0.00 Category Sub -Total $3,000.00 C. CONTRACTUAL SERVICES $0.00 Category Sub -Total $0.00 D. EQUIPMENT $0.00 Category Sub -Total $0.00 E. OTHER DIRECT COSTS $0.00 Category Sub -Total $0.00 F. INDIRECT COSTS $0.00 Category Sub -Total $0.00 GRANT TOTAL $457,000.00 8/27/2018 8:35:25 AM 20A-9 Page 7 of 15 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PT19133 BUDGET NARRATI VE PERSONNEL COSTS QUANTITY DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by 15 appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by 50 appropriate department personnel. Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate 43 department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate 20 department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate 2 department personnel. Night-time Click It Or Ticket - Overtime for grant funded law enforcement operations conducted by 2 appropriate department personnel. Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations 20 conducted by appropriate department personnel. SFST/ARIDE/DRE Instruction - Overtime for grant funded instructor training conducted by 10 appropriate department personnel. TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events 1 supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include (enter other known conferences or required events). All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES EQUIPMENT OTHER DIRECT COSTS INDIRECT COSTS STATEM ENTS/DISCLAI M E RS Program Income default statement: There will be no program income generated from this grant. Enforcement Grant Quota Disclaimer: Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under. 8/27/2018 8:35:25 AM 20A-10 Page 8 of 15 This Page Intentionally Left Blank 8/27/2018 8:35:25 AM 20A-11 Page 9 of 15 State of California— Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER PT19133 CERTIFICATIONS AND ASSURANCES HIGHWAY SAFETY GRANTS (23 U.S.C. CHAPTER 4 AND SEC. 1906, PUB. L. 109-59 AS AMENDED) Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place the State in a high-risk grantee status in accordance with 49 CFR §18.12. The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: • 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended • 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Part 1300—Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally -funded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; 8/27/2018 8:35:25 AM Page 10 of 15 20A-12 • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). The State highway safety agency— Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted; • Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; • Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; • Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/fundingagreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) through (e), in every subcontract and sub agreement and in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this program. 8/27/2018 8:35:25 AM 20A-13 Page 11 of 15 POLITICAL ACTIVITY (HATCH ACT) (applies to subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying,' in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penaltyof not less than $10,000 and not more than $100,000 for each such failure, RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to subrecipients as well as States) Instructions for Primary Tier Participant Certification (States) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 8/27/2018 8:35:25 AM 20A-14 Page 12 of 15 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (httos://www.sam.eov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; 8/27/2018 8:35:25 AM 20A-15 Page 13 of 15 (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, thefl, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (httas://www.sam.eov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinarycourse of business dealings. 8/27/2018 8:35:25 AM 20A-16 Page 14 of 15 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — LowerTier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA ACT (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. LAW ENFORCEMENT AGENCIES All subrecipient law enforcement agencies shall comply with California law regarding profiling. Penal Code section 13519.4, subdivision (e), defines "racial profiling" as the "practice of detaining a suspect based on a broad set of criteria which casts suspicion on an entire class of people without any individualized suspicion of the particular person being stopped." Then, subdivision (t) of that section goes on to provide, "A law enforcement officer shall not engage in racial profiling." 8/27/2018 8:35:25 AM Page 15 of 15 20A-17 20A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 TITLE: APPROVE A CONCESSION AGREEMENT WITH MATCH POINT TENNIS ACADEMY, LLC. FOR THE MANAGEMENT, OPERATION AND MAINTENANCE OF CABRILLO TENNIS CENTER (STRATEGIC PLAN NO. 2,213) CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a one year concession agreement with Match Point Tennis Academy, LLC. for the management, operation, and maintenance of the Cabrillo Tennis Center in exchange for a fee payable to the City in the amount of $4,000 per month from September 5, 2018 through September 4, 2019, subject to non - substantive changes approved by the City Manager and City Attorney. The Parks, Recreation and Community Services Agency (PRCSA) entered into a five-year license agreement with Match Point Tennis Academy, LLC. (Match Point) in 2008 and then again in 2013 for another five years for the use of the tennis courts at Cabrillo Tennis Center. Match Point is responsible for making sure that tennis courts are made available to the public and at the same time they have been given authority to operate the tennis academy at the Center. Under the direction of Elson De Cantuaria, a former professional tennis player who has an extensive background in tennis center management and administration, Match Point has been successful in helping to revive the sport of tennis in Santa Ana. Match Point has increased the overall number of participants at the Cabrillo Tennis Center and has introduced more young people to tennis by providing free training, consulting services, and scholarships for Santa Ana youth. While Match Point has been able to provide a lot of service to the City, due to the length of their prior agreements, the City feels that it would be in its best interest to issue a Request for Proposals (RFP) from qualified providers to discover available options. Therefore, the City is requesting a one year concession agreement with Match Point for management, operation and maintenance of the tennis center to allow for time to issue, evaluate and award an RFP. The agreement can be terminated by the City without cause with thirty days' notice. Almost all of the terms and conditions of the most recent agreement with Match Point will continue, such as 25A-1 Agreement with Match Point Tennis Academy September 4, 2018 Page 2 payments due to the City in the amount of $4,000 per month and for Match Point to continue their current responsibilities operating the center. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 — Youth, Education, Recreation, Objective #2 (Expand youth programming), Strategy B (Expand the youth sports program so that youth recreational opportunities are established year-round). FISCAL IMPACT Revenue has been budgeted and will be received in the following account for FY 18/19 and will be budgeted for FY 19/20. Unit PRCSA-Tennis Reservations (no. 01113002-53318) FY18/19 FY 19/20 AS TO FUNDS AND ACCOUNT: r N ez Sergio Vid$xecutive Di ctor Assistant D ector creation and Comm ity ervices Finance and Management Services Agency Agency Exhibit: 1. Match Point Tennis Academy,, LLC. 25A-2 CONCESSION AGREEMENT FOR THE MANAGEMENT, OPERATION, AND MAINTENANCE OF THE CABRILLO TENNIS CENTER THIS AGREEMENT, made and entered into this 4th day of September, 2018, BY AND BETWEEN City of Santa Ana, a charter city and municipal corporation, duly organized and exiting under the Constitution and laws of the State of California, hereinafter referred to as "City", AND Matchpoint Tennis Academy LLC hereinafter referred to as "Concessionaire". RECITALS: A. City owns Cabrillo Park and the Cabrillo Tennis Center located at 800N, Cabrillo Park Drive, Santa Ana, California. The facilities includes nine (9) lighted tennis courts, one (1) clay tennis court, the Twist -Basler House, and a small tennis clubhouse complete with locker rooms and showers for players and business invitees, as herein described and shown in general on Exhibit A, attached hereto and incorporated herein ('the Facilities'). B. The use granted hereunder provides for the operation, maintenance of the club house, tennis courts, collection of fees, provision of tennis lessons to the public, selling of pre-packaged food items and non-alcoholic beverages, and containing appropriate controls to ensure public use of the Facilities is consistent with said purposes. C. City and Concessionaire agree that the primary objective for Concessionaire's performance under this Agreement is to maximize the public use of the Facilities and the revenue to be received by the City as a result thereof. D. Concessionaire has been operating the Tennis Center since 2008 pursuant to Agreements A-2008-165 and thereafter A-2013-104. NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all terms and conditions hereof, the parties agree as follows: 25A-3 1.0 USE GRANTED. 1.1 Use. Concessionaire is hereby authorized and required to manage, operate and maintain a Tennis Facility, and conduct activities including but not limited to: scheduling of tennis court use; tennis lessons and tennis tournaments; participation in community outreach to further the interest in the playing of tennis at discounted or free programs and/or clinics; selling, purchasing, storing and repairing tennis related merchandise and equipment; selling of pre-packaged foods and non-alcoholic beverages from within the interior of the club house. Concessionaire will have the use of the first and third floor of the Twist -Basler House and the City (or a tenant of its choosing) will have sole access to the second floor. 1.1.1 Three (3) tennis courts must be available at all times for Santa Ana residents for walk-on play. 1.2 Pro Shop and Food and Beverages. Concessionaire may operate a pro shop on the Facilities. Concessionaire may also sell food and beverages. Except as noted in paragraph 1.4 below, the storage and/or sale of tobacco, alcoholic beverages and sexual products is expressly prohibited. Concessionaire will make a good faith effort to sell at least 50% healthy snacks and drinks such as baked chips, fruit, pretzels, granola, nuts, bottled water, low fat milk products, sports drinks and natural fruit juice drinks in compliance with the City's policy regarding healthy snacks, healthy eating and active living (City of Santa Ana Resolution No. 2006-053 and Resolution No. 2011-003). 1.2.1 Quality of Food and Non -Alcoholic Beverages. All prepackaged foods and beverages sold or kept for sale shall conform to the Federal, State, and County food laws, ordinances and regulations in all respects. No adulterated, misbranded or impure articles shall be sold or kept for sale by Concessionaire and all merchandise kept on hand by Concessionaire shall be stored and handled with due regard for sanitation. In the event prepackaged food and beverage merchandise are below first class, the Executive Director of Parks, Recreation and Community Services ("Executive Director") shall have the right to order the improvement of the quality of any prepackaged food and beverage kept or offered for sale. 1.3 Staffing of Facilities. Concessionaire shall maintain staffing levels sufficient to comply with its responsibilities under this Agreement. The Facilities shall be staffed by Concessionaire at all times during Operating Hours. Operating Hours shall be from 8 am to 10 pm, Monday through Friday; and from 8 am to 8 pm on Saturday and Sunday. Operating Hours may begin one half hour earlier as needed to prepare for reservations. Concessionaire shall be responsible for supervision of the entire Facilities, including, but not limited to, tennis courts, club house, locker rooms and showers, Twist - Basler House (with the exception of the second floor of the House) and parking lot(s). Concessionaire shall also be responsible for enforcement of safety practices and regulations, 25A-4 1.4 Special Events and Rental of Facilities. Concessionaire agrees that it will not use, or rent, the Facilities for special events of any kind without first seeking prior written approval from the Executive Director. To the extent that Concessionaire desires to provide alcoholic beverages at any of its events, it must first seek and obtain City approval as well as any necessary permits, licenses or other approvals. As a condition to renting the Facilities, or any portion thereof, the Concessionaire shall first provide the City with proof of insurance naming Concessionaire and the City of Santa Ana as additional insureds and the insurance coverage shall comply with the Insurance provisions in Section 7 hereof. 1.5 Fees for Use of Facilities. Charges for use of the courts shall be in accordance with the following schedule: Courts 1-9 Weekdays: 8:00 am to 3:00 pm $3.00/hr. per person 3:00 pm to close $5.00/hr. per person $1.00/hr. per person discount for Santa Ana residents Courts 1-9 Weekends: 8:00 am to 1:00 pm $5.00/hr. per person 1:00 pm to close $3.00/hr. per person $1.00/hr. per person discount for Santa Ana residents Clay Court Weekdays: 8:00 am to 3:00 pm $6.00/hr. per person 3:00 pm to close $8.00/hr. per person $1.00/hr. per person discount for Santa Ana residents Weekends: 8:00 am to 3:00 pm $8.00/hr. per person 3:00 pm to close $6.00/hr. per person $1.00/hr. per person discount for Santa Ana residents Any change in this fee structure will only be permitted with the prior written approval of the Executive Director and in compliance with any applicable law. 1.6 Application. This Agreement only pertains to the tennis courts existing at the time it is executed; any future tennis courts that may be built during the Term hereof are not covered nor included in this Agreement. 1.7 Priority Use. Concessionaire agrees that City programs and City residents shall have priority use of the Facilities so long as said programs and residents do not conflict with Concessionaire's regularly scheduled programs. Concessionaire agrees that 25A-5 at least three (3) of the courts will be available to City residents by reservation or walk-in and for City -sponsored programs by reservation during its normal operating hours of 8 am -10 pm Monday -Friday and 8am-8 pm Saturday and Sunday. In the event a dispute regarding court usage arises, the Executive Director shall make the final decision regarding court usage. Concessionaire agrees that K-12 students attending a Santa Ana school as well as City of Santa Ana residents (youth and adult) shall be given priority to participate in Concessionaire's programs. 1.8 Concessionaire's Equipment and Personal Property. Concessionaire shall hold title only to Concessionaire's equipment or personal property placed on the Facilities by Concessionaire. All of Concessionaire's equipment or personal property shall remain the property of Concessionaire and are not fixtures. Concessionaire has the right to remove all of Concessionaire's equipment or personal property at its sole cost and expense on or before the expiration or termination of this Agreement; provided that such removal shall be done in a professional and careful manner, without interference or damage to any other equipment, structures or operations on the Facilities, including the use of the Facilities by City or any of City's employees, agents, or assignees. 1.9 Scholarships. In consideration for the use granted herein, Concessionaire agrees to provide ten (10) tennis scholarships to qualifying youth residents of the City of Santa Ana to participate in the Concessionaire's Player Development Tennis Academy. 1.9.1 Categories of Scholarships. Said scholarships are divided into 5 categories based upon the age of the youth [Tiny Tots (ages 6-9), Novice (ages 8-11), Intermediate (ages 11-15), Advanced (ages 10-18) and High School (aged 15-18)]; with 2 scholarships awarded in each category. Concessionaire shall provide six months of free training and consulting services to the sponsored students. Sponsorship shall be valued at $300.00 - $500.00 per youth, per month and includes free consulting services. 1.9.2 GPA Requirement. Concessionaire agrees that each sponsored student who participates in the Concessionaire's Player Development Academies shall maintain a `B" grade point average or higher. Concessionaire agrees that should any player registered in their academies drop below a'B" grade point average, that student will be placed on academic probation for six months. Students shall submit quarterly grade reports to Concessionaire. City will have access to grade reports in order to monitor and ensure compliance. City Will be responsible for notifying students of non-compliance. 2.0 TERM OF AGREEMENT. The term this Agreement (the "Term") shall be One (1) year. The Term shall commence on•September 5, 2018 and shall expire on September 4, 2019, if not terminated earlier pursuant to the terms of this Agreement. Earlier termination of this Agreement shall be in conformance with Sections 9 and 10 below. 25A-6 3.0 CONSIDERATION 3.1 In consideration for the use granted herein, Concessionaire shall pay to City as compensation for use of and right to operate the Facilities the amount of Four Thousand Dollars ($4,000.00) per month. 3.2 Compensation will be due upon execution of this Agreement and thereafter on or before the 101 day of each succeeding month, payable to "The City of Santa Ana" and remitted to: The City of Santa Ana, Finance and Management Services, Attention: Executive Director of Finance and Management Services Department, 20 Civic Center Plaza, City Hall, First Floor, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be applied after any payment hereunder is due but unpaid. In addition, one and a half percent (I %%) interest per month shall be added for each month that payment hereunder is due but unpaid. For any check that is returned for non - sufficient funds, for any reason, Concessionaire shall pay the City an additional Twenty - Five Dollar ($25.00) service fee. 4.0 OPERATIONAL RESPONSIBILITIES 4.1 Accounting and Audit. Concessionaire shall collect all fees as indicated herein and agrees that it will provide the City with an annual accounting, thirty (30) days after the end of each contract year showing the amount of fees collected per calendar year. Concessionaire will also provide the City with data showing the breakdown between residents and non-residents using the Facilities, thirty (3 0) days after the end of each contract year. City may request detailed financial statements, including balance sheets, profit and loss, or income statements to support the accounting and Concessionaite shall provide such documentation within ten (10) days of City's request. 4.2 Reporting. Concessionaire agrees to provide the City with quarterly written reports detailing usage of the Facilities by City residents and non-resident public. The Concessionaire or his representative shall meet with the Executive Director once every month, or at such other times as may be required by the City to review Concessionaire's performance under this Agreement and to discuss any problems or issues as determined by the City. 4.3 Quality of Service. Service to the public is of prime concern to City and is considered a part of the consideration for this Agreement. Therefore, Concessionaire agrees to manage, operate and conduct its operation in a fust -class manner, providing similar activities, programs and services. Concessionaire, following receipt of written notification therefore, shall immediately withdraw or remove from sale any goods, services, and/or merchandise which may be found objectionable to the Executive Director based on findings that the provision of such terms are not in the best interest of the public welfare. 4.4 Compliance with Laws, Rules and Regulations. Concessionaire shall conform to and abide by all municipal and City ordinances, and all State and Federal laws and regulations, insofar as the same or any of them are applicable; and where permits 25A-7 and/or licenses are required for the Agreement, any related activity, and/or construction authorized herein, the same must be first obtained from the regulatory agency having jurisdiction thereover. Further, Concessionaire shall conform to and abide by all rules and regulations and policies of the City Council, the Executive Director of the Parks, and any other City departments insofar as the same or any of them are applicable. 4.5 Disorderly Persons. Concessionaire shall use its best efforts to permit no intoxicated person or persons, profane or indecent language, or boisterous or loud conduct in or about the demised premises and, if necessary, will call upon the aid of peace officers to assist in maintaining peaceful conditions. 4.6 Illegal Activities. Concessionaire shall not knowingly allow the use or possession of illegal drugs, narcotics, or controlled substances on the Facilities or any other activities that are prohibited by City ordinances or other applicable regulations. 4.7 Security Devices. Concessionaire, at its own expense, may provide any legal devices or equipment and the installation thereof, designated for the purpose of protecting the Facilities from theft, burglary or vandalism, provided written approval for the installation thereof is first obtained from the Executive Director. 4.8 Signs. Concessionaire shall not post signs, notices, posters, or leaflets upon the Facilities or improvements thereon unless prior written approval thereof is obtained from the Executive Director. 4.9 Safety. Concessionaire shall immediately correct any unsafe condition of the Facilities, as well as any unsafe practices occurring thereon. Concessionaire shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the Facilities. Concessionaire shall cooperate fully with City in the investigation of any accidental injury or death occurring on the concession premises, including a prompt report thereof to the Executive Director. Concessionaire shall cooperate and comply fully with County, State, municipal, federal or any other regulatory agency having jurisdiction thereover, regarding any safety inspections and certifications of any and all Concessionaire's structures, enclosures, vehicles, and equipment on the Facilities. 4.10 Inclement Weather. Concessionaire shall make an assessment of the Facilities to determine if it safe for use by the public. In regard to the courts being out of operation whenever play must be temporarily suspended on the facility due to inclement weather conditions, the decision on when to allow play to resume will be made by the Concessionaire. 4.11 Sanitation. No offensive matter or refuse, or substance constituting an unnecessary, unreasonable or unlawful fire hazard, or material detrimental to the public health, shall be permitted or remain on the Facilities. Concessionaire shall provide that all refuse is collected as often as necessary, and in no case less than once a week, and shall pay all charges which may be made for the removal thereof. Concessionaire shall famish 25A-8 all equipment and materials necessary, including trash receptacles of the size, type, color and number required by the Executive Director, to maintain the demised premises in a sanitary condition. 4.12 Equal Opportunity. Concessionaire shall strive to balance the number of boys and girls participating in each of its programs. Equal opportunity shall be given to both boys and girls to participate in try -outs, clinics, tournaments, academies and any other programs that Concessionaire provides. 4.13 Trade Fixtures. Concessionaire shall provide and install all appliances, furniture, fixtures and equipment that are required for the tennis concession. Prior to taking possession of the tennis concession, Concessionaire and City shall take an inventory of its own equipment. Concessionaire shall provide a copy of the Concessionaire inventory for review and approval. During the last thirty (30) days preceding the termination of this Agreement, the City and Concessionaire will conduct a walk-through of the Facilities with the inventory check list to ensure that all parties are in agreement of the ownership of trade fixtures and equipment belonging to each party. Concessionaire shall remove all personal items identified on the check list from the Facilities, other than for those items of personality, which have been famished by the City or so affixed that their removal therefrom cannot be accomplished without damage to the realty. Should Concessionaire fail to so remove said appliances, furniture, fixtures, equipment, door locks and padlocks within said thirty (30) day period, Concessionaire shall lose all right, title and interest in and thereto, and City may elect to keep same upon the premises or to sell, remove or demolish same. Concessionaire shall reimburse City for any and all costs, as determined by the Executive Director, incurred in excess of any consideration received from the sale, removal or demolition thereof. 4.14 Alteration of the Facilities. Concessionaire agrees all changes or modifications to any of the Facilities requires prior written approval of the Executive Director. All requests for such changes or modifications shall be submitted by Concessionaire to City by utilizing its current Field/Facility Modification Request process, and City reserves the right to approve or deny such requests. A copy of the City's current Field/Facility Modification Request process form is attached hereto as Exhibit C. 5.0 CONCESSIONAIRE MAINTENANCE RESPONSIBILITIES 5.1 Concessionaire shall submit a weekly maintenance schedule to the Executive Director for review. 5.2 Concessionaire, at its own expense, shall be responsible for maintaining all repairs to and replacement of all improvements and equipment thereof in good and substantial condition, including the painting thereof upon written request by the Executive Director. Concessionaire shall, in a timely manner, perform all repairs as required for the maintenance thereof and in compliance with all laws applicable thereto including but not limited to: 25A-9 Twist -Basler House and Small Clubhouse • Daily maintenance of the pro shop interior & locker rooms. • Painting of interior walls of the pro shop as needed or at Director's request • Replacement of interior/exterior light bulbs of the pro shop as needed or at Director's request. • Replace broken window glass. • Repair and/or replace carpeting and/or tiles. • Repair and/or replace broken or damaged doors. • Repair plumbing and lighting fixtures inside the pro shop as needed or at Director's request. • Custodial services for the Facilities. • Payment of other utilities not listed herein, including payment of telephone and cable charges. Restroom • Daily visual inspection of restroom supplies and provide general cleanliness. • Replenish restroom supplies as provided by the City. Tennis Courts • Sweeping and/or blow cleaning of all courts and concrete walkways daily and/or as needed. • Repair and/or replace tennis nets, net cables, net headbands, ball machines and center straps as needed or at Director's request. • Repair and/or replace tennis court umpire seats and court -side spectator benches as needed or at Director's request. • Litter controls twice a day or more frequently if needed. • Repair the Public Address system as needed or at Director's request • Repair Windscreens. • Perform the specialized maintenance that the clay tennis court requires pertaining to the water levels and grooming that are required per the instructions set forth in Exhibit B, attached hereto and incorporated herein. • Report to Director any tennis court light bulbs that need to be replaced. • Provide tennis court light bulbs to the Director who will replace the burned out or broken light bulbs, • Provide Resurfacing/Maintenance. Concessionaire shall re -surface and maintain the nine (9) existing courts as often as necessary to assure high quality tennis court surfaces at all times. • Minimize the impact of cracks on tennis play by means of epoxy and/or other means technological products used to level surface, but shall not be responsible for a major capital court surface replacement. • Clay Court Maintenance. Concessionaire shall perform Daily inspection and maintenance of the clay court in accordance and compliance with the 25A-10 Har -Tru specifications attached hereto and incorporated herein as Exhibit B. Maintenance shall include daily litter/debris removal, weed removal, grooming with Aussie Clean Sweep and Line Sweeper, tape and nail inspection/repair. Courts and line tape shall be swept between each reservation. Concessionaire shall monitor the hydration system to ensure sufficient moisture is evenly distributed throughout the court. Once a month (or more frequently depending on use) the clay court shall be scarified with Har -Tru Gator rake and steel Bristle Drag Brush. The clay court shall be rolled as necessary to obtain an even level surface. The other items such as nets, windscreen, fencing etc. shall be maintained up to the same level as the other concrete tennis courts. (See attached Exhibit B for equipment description, maintenance detail and rolling technique). 5.3 Damage, Destruction or Vandalism of Facilities. In the event of damage, destruction or vandalism by third parties of any of the Facilities, Concessionaire shall repair or rebuild the same as soon as reasonably possible, except in any of the following circumstances: (a) Concessionaire reasonably determines that the repair or rebuilding cost exceeds the sum of the proceeds available from the applicable insurance carried pursuant to this Agreement and any related deductible amounts; (b) the damage or destruction occurs within the last four (4) months of the Term. If any of the foregoing circumstances exist, then the Concessionaire may, not later than thirty (30) days after the date of said damage or destruction, notify the City of the Concessionaire's intent not to repair or rebuild the damaged or destroyed Facility. If the Concessionaire so notifies the City, then this Agreement shall immediately terminate. Concessionaire and City agree that if the cost of repair is less than $3,000.00, Concessionaire will be solely responsible for the repairs. In the event that the cost of repairs is over 53,000.00, the City and Concessionaire will share in the cost of repairs. The percentage of shared cost will be on a case by case basis, based on the cause and extent of the damage. All maintenance/repair shall commence within thirty (30) days of the need thereof and diligently prosecuted to completion of same, except where the state of disrepair is such that an emergency or hazard is created thereby in which event there shall be an immediate correction thereof. 6.0 CITY RESPONSIBILITIES 6.1 The City shall be responsible for maintaining the following: • Concealed utility lines • Roofing of the club house, grandstand, and restrooms • Provide tennis court light bulbs to be installed by the Concessionaire • Utility charges for heat, gas/water, trash, electricity • Landscaped areas of the Facilities. • Parking lots serving the Facilities. 25A-11 6.2 City's Right to Enter. The Executive Director and City staff shall have the right to enter the Facilities at any and all times for the purpose of inspection, evaluation, and observation of Concessionaire's operation. During these inspections, they shall have the right to photograph, film, or otherwise record conditions and events taking place upon the Facilities. Inspections may be made for the purposes set forth below, and for any other lawful purpose for which the City or another governmental entity with jurisdiction is authorized to perform inspections of the Facilities: • To determine if the terms and conditions of the Agreement are being complied with. • To observe transactions between the Concessionaire and patrons in order to evaluate the quality and quantities of services provided or items sold or dispensed. 6.2.1 Should Concessionaire, after ten (10) day notice from City of the need thereof, fail to perform its maintenance service obligations required herein, City in addition to all other available remedies may, but shall not be obligated to, exercise its Right of Entry as provided herein. City may enter upon the Facilities and perform perform Concessionaire's failed obligations and Concessionaire shall forthwith on demand reimburse City for its costs so incurred including direct and indirect overhead costs as determined by the Executive Director. 7.0 INSURANCE AND INDEMNIFICATION 7.1 INSURANCE COVERAGE. A. Commercial General Liability. In addition to the Concessionaire's covenant to indemnify and hold harmless City, Concessionaire shall obtain and furnish to City, a policy of general public liability insurance, commercial general liability insurance covering the Facilities and Concessionaire's property. The policy shall indemnify Concessionaire and City, their officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Facilities and Concessionaire's property, and shall provide coverage in not less than the following amount: combined single limit bodily injury, personal injury and property damage, liability, of at least $1,000,000 per occurrence. B. Live Scan/Background Clearance. To maintain a safe environment, Concessionaire will be held accountable for conducting background clearance (live -scan) for all staff working at the facilities. 10 25A-12 C. Workers Compensation and Employers' Liability. Workers Compensation and Employers' Liability insurance or qualified self-insurance satisfying statutory requirements, which includes Employers' Liability coverage with limits of not less than $1 million per accident, D. Additional Insured Endorsement. The City also requires an Additional Insured Endorsement, in substantially the same form as Exhibit D. The policy shall name City, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any City insurance coverage which may be applicable to the Facilities and Concessionaire's Facilities shall be deemed excess coverage and that Concessionaire's insurance shall be primary. Concessionaire is required to give the City no less than thirty (30) days notice of cancellation or reduction in coverage. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Concessionaire to furnish insurance during the term of this Agreement. E. Provision of Policies. Prior to execution of this Agreement, Concessionaire shall furnish to City certificates of insurance and additional insured endorsements to each of Concessionaire's insurance policies, on a form approved by the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: i. provide the name and policy number of each carver and policy; ii. state that the policy is currently in force; and iii. promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without thirty (30) days prior written notice of City; and iv. Concessionaire shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. v. City or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Concessionaire shall provide within fifteen (15) days of City's request. 7.2 INDEMNIFICATION 7.2.1 Indemnification, Defense, Hold Harmless. Concessionaire shall protect, defend, indemnify and save and hold harmless City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Concessionaire's performance of this Agreement or Concessionaire's failure to comply with any of Concessionaire's obligations contained in this Agreement by Concessionaire, its officers, agents or 11 25A-13 employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. In the event City is named as codefendant, Concessionaire shall notify City of such fact and shall represent City in such legal action unless City undertakes to represent itself in such legal action. Concessionaire 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 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 terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7.2.2 Indemnification Regarding Hazardous Material. Concessionaire covenants and agrees to indemnify City from and against any contamination of the Facilities with Hazardous Materials by Concessionaire occurring after commencement of this Concessionaire Agreement. Concessionaire further agrees to defend and hold harmless the City from and against any and all actions, agreements, attorneys' fees, causes of action, claims, contracts, costs, covenants, damages, debts, demands, expenses, judgments, lawsuits, liabilities, liens, losses, obligations, and orders which arise during or after the term of this Agreement related to the existence of Hazardous Materials (from whatever cause) on the Facilities or in the groundwater on or under the Facilities except for: (1) the cost of any remediation of Hazardous Materials deposited in the soils of the Facilities by the City or its employees, agents and contractors, and, (2) any third party personal injury actions which allege exposure to such undiscovered Hazardous Materials as a result of use of the Facilities in a City -sponsored program, or third party activity scheduled by the City. This indemnification includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on or under the Facilities. As used herein, the term "Hazardous Material" shall be interpreted broadly to means any hazardous or toxic substance, material, or waste which now is or hereafter becomes regulated by any local governmental authority, the State of California or the United States Government. 8.0 NOTICES. All written notices required to be given pursuant to the terms hereof shall be either (i) personally delivered, (ii) deposited in the United States express mail or first class mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by overnight courier service, or (iv) delivered by facsimile, provided that the original of such facsimile notice, is sent by certified U.S. mail, postage prepaid, no later than one business day following such facsimile. All such notices shall be deemed delivered upon actual receipt (or upon the fust attempt at delivery pursuant to the methods specified in clauses (i), (ii) or (iii) above if the intended recipient refuses to accept delivery). All such notices shall be delivered to the following addresses, or to 12 25A-14 such other address as the receiving party may from time to time specify by written notice to the other party: To Concessionaire: Match Point Tennis Academy 51 Meadow Valley, Irvine, CA 92602 Attn: Elson T. De Cantuaria, Director Telephone No.: (7 14) 724-9407 To the City. Clerk of the City Council City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Telephone No.: (714) 647-6520 Fax No.: (714) 647-6956 With a copy to: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92701 Telephone No.: (714) 647-5201 Fax No.: (714) 647-6515 Executive Director of the Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) Santa Ana, CA 92702 Fax No. (714) 647-4211 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 facsimile, 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. 9.0 TERMINATION. 9.1 Termination. This Agreement shall be terminable by the City upon 30 days written notice without cause or immediately (within 48 hours) upon the occurrence of any of the following: 13 25A-15 A. Use of Facilities, Concessionaire ceases operation of the Facilities; or, B. Unauthorized Transfer. Concessionaire transfers or attempts to transfer any rights or interest in the Facilities in any fashion without the City's consent. C. Failure to Comply. Concessionaire fails to comply with any of the terms of this Agreement. D, Election not to Repair. Concessionaire elects not to repair Facilities as provided for in Section 5.3. E. Surrender of Facilities. Upon the expiration or termination of this Agreement, Concessionaire shall peaceably vacate the Facilities and any and all improvements located thereon and deliver up the same to City in a reasonably good condition ordinary wear and tear excepted. 10.0 REMEDIES. In event of Concessionaire's breach, default, abandonment or insolvency, City may: A. Continue this Agreement in effect by not terminating Concessionaire's right to the Facilities, in which event City shall be entitled to enforce all of its rights and remedies under this Agreement, including the right to recover the compensation/consideration specified in this Agreement as it becomes due under this Agreement; or B. Terminate this Agreement and recover from Concessionaire any amount necessary to compensate City for all detriment proximately caused by Concessionaire's failure to perform its obligations under this Agreement; or C. Should Concessionaire default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified in this section of this Agreement, re-enter and regain possession of the Facilities in the manner provided by the laws of the State of California then in effect. D. The insolvency of Concessionaire as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Concessionaire, or the making of a general assignment for the benefit of creditors by Concessionaire, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re- enter and regain possession of the Facilities. 14 25A-16 11.0 GENERAL TERMS AND CONDITIONS 11.1 Taxes. The parties agree that if the Facilities are assessed any taxes or similar fees or charges due to the activities of Concessionaire or Concessionaire's permitted users, then Concessionaire shall bear the entire cost of said taxes, assessments, fees or charges. 11.2 Liens. Concessionaire will not permit any mechanics' or materialmens' or other liens to stand against the Facilities by reason of any use or occupancy by Concessionaire, or any person claiming under Concessionaire. 11.3 Non -Discrimination. Concessionaire shall not discriminate as to the employment of persons relative to the use or operation of the Facilities, nor shall it discriminate as to the persons or entities which may use the Facilities, on the basis of race, color, religion, national origin, ancestry, gender, disability, sexual orientation, or medical condition, in violation of state or federal laws, or on any other basis otherwise prohibited by state or federal law. 11.4 Force Majeure. Should the performance of any act required by this Agreement to be performed by either City or Concessionaire be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse the prompt payment of compensation by Concessionaire as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, City or Concessionaire, required to perform the act. 11.5 Access. Each party shall provide access to the Facilities to the other party, and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven (7) days a week. City represents and warrants that it has full rights of ingress and egress to and from the Facilities, and hereby grants such rights to Concessionaire to the extent required to maintain, and operate Concessionaire's program within the Facilities. Concessionaire's exercise of such rights shall not cause undue inconvenience to City. 11.6 Restrictions on Assignment. This Agreement is entered into specifically with the parties in mind. Therefore, neither party shall assign any or all of its rights under this Agreement without the prior written consent of the other party, in its sole and absolute discretion. 11.7 Contract Administrator. The Executive Director of the Parks, Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 15 25A-17 11.8 Incorporation of Recitals/Exhibits. All of the recitals and exhibits set forth in or attached to this Agreement are by this reference incorporated in and made a part of this Agreement. 11.9 Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments hereto. 11.10 Governing Law and Venue. This Agreement shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California. If a dispute arises between the Parties, venue shall be proper in Orange County, California. 11.11 Entire Agreement. This Concessionaire Agreement and the Exhibits attached hereto constitute the entire agreement between the City and Concessionaire for the use granted at Cabrillo Tennis Facility for the operation and maintenance of a tennis concession facility. All other agreements, promises and representations with respect thereto, other than contained herein, are expressly revoked, as it has been the intention of the parties to provide for a complete integration within the provisions of this document, and the Exhibit(s) attached hereto, the terns, conditions, promises and covenants relating to the operation and maintenance of a tennis concession facility and the Facilities to be used in the conduct thereof. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 11.12 Captions. Any captions or headings to the sections and subsections in this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of validity of this Agreement or any provision hereof. 11.13 Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein. 11.14 Further Assurances. Each party shall cooperate with the other and shall execute such other documents as may be reasonably necessary to cant' out the provisions of this Agreement. 11.15 No Waiver. Any waiver, consent or approval by either party of any breach, default or event of default of any provision, condition or covenant of this agreement must be in writing and shall be effective only to the extent set forth in writing. No waiver of any breach, default or event of default shall be deemed a waiver of any later breach, default or event of default of the same or any other provision of this Agreement. Any failure or delay on the part of either party in exercising any power, right or privilege 10 25A-18 under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof. 11.16 Cumulative rights and remedies. No right or remedy conferred by any of the specific provisions of this agreement is intended to be exclusive of any other right or remedy given hereunder or hereafter existing at law or in equity. The exercise of any one or more rights or the election of any one or more remedies by any party shall not constitute a waiver of the right to exercise other available rights or pursue other available remedies. In the event suit is brought by either parry to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 11.17 Conflict of Interest. Concessionaire covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11.18 Non -Recording. Neither parry shall record this Agreement. 11.19 Authorization Warranty. Concessionaire represents and warrants that the signatory to this Agreement is fully authorized to obligate Concessionaire hereunder and that all corporate acts necessary to the execution of this Agreement have been accomplished. IN WITNESS WHEREOF, the parties hereto have caused this Concessionaire Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Aa -t u � • L�'u'w By: Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA Raul Godinez, II. City Manager [Signatures continue on next page] 17 25A-19 RECOMMENDED FOR APPROVAL: CONCESSIONAIRE: Ralph Nunez, Interim Executive Director Parks, Recreation and Community Services Agency EF:i 25A-20 By: ELSON T. DE CANTUARIA Director — Match Point Academy Tax ID # EXHIBITS TO CONCESSIONAIRE AGREENIENT Exhibit A = Depiction of the Facilities Exhibit B = Clay Tennis Court Maintenance Instructions Exhibit C = Field/Pacility Modification Request Exhibit D = Additional Insured Endorsement 19 25A-21 ......... Exhibit A 25A-22 T) Lu 41 cz coo BASIC TOOLS & EQUIPMENT Having the correct tools and equipment to maintain your Har -Tru courts is very important In providing a consistent playing surface. The following Is a list of basic tools and equipment that is necessary for a consistent maintenance program. Drag Brush: Drag Brushes are Important to have on the courts as they provide grooming and keep the surface consistent. Bristles can replaced as they wear without replacing the whole brush. Line Sweepers: Line Masters are a great tool to keep your Har -Tru surface material off of court lines. Tf L circular brush should be replaced periodically to ensure good consistent brushing. Aussie Clean Sweeps: The Aussles are designed to pick up debris that falls on the courts such as pine needles, leaves etc. The Aussie is also used in place of brushing when you want a less aggressive surface groom and creates less surface drying. Lutes: Having a couple of lutes available for use will be necessary when you want to periodically scrape up loose and dead material from the courts, In need of a light scarifying and conducting patch and repairs on the surface. Replace the blades as they wear down and become less agitating to the court. Har -Tru Gator Rakes: Having a Gator Rake on hand will be essential in case s where the surface will need a deeper scarification. There are hand and tow models available. steel Bristle Drag Brush. Having a Steel Bristle Drag Brush on hand will also be necessary when you want a less aggressive scarification than with the court rake however using the Steel Bristle Drag Brushes when the surface is too damp will cause surface material to cake on the bristles and drop off. Use the brush when surface Is less moist. Rollers: Having a reliable roller will be very important in maintaining Har -Tru tennis courts. Performing preventative maintenance on your 'equipment will ensure longevity and consistent results. See Owner's Manual for preventative maintenance schedules. 32 25A-23 SPECIALIZED TOOLS & EQUIPMENT Specialized tools may be necessary to complete your arsenal of tools. Knowing what tools are available will help to maintain a high standard in maintenance practices. Court Devils: Har -Tru Court Devils come In 2 different sizes. A tow model and a hand model is available. This equipment is used when 'a more aggressive surface agitation is needed due to surface over -compaction or weed, algae and moss growth occurs. Hand Rolfers: Har -Tru Hand Rollers come In 2 sizes, 24" and 16". Both rollers can be filled with water for added weight. These court rollers are perfect for touch-up work around court edges and patching low spots. Spreaders: Tru -Flow Spreaders and Top -Dressers com in 3 different sizes, 24", 36" & 54". These spreaders can be used when annual top -dressing occurs or whenever the need to drop Har -Tru surface material consistently. Line Scrub: The Har -Tru Line Scrub is a great tool for cleaning court lines when a more aggressive brushing is necessary. Power Rollers: Har -Tru Power Rollers come in a variety of forms. Court Pac, Court Pac Pro and Tow Rollers make rolling Har -Tru tennis courts safe, fast and easy. 'Choose Har -Tru brand equipment for all of your maintenance needs. 33 25A-24 COURT EQUXPMENT Inspect condition of the following equipment: EgljiRment Condition Center Strap Anchors Center Straps and Hooks Court Numbers Dra Brushes --� Line Scrub Line 5wee ers Line Tapes Lute Scarlflers Nails—_._....._.........__.. Nets Net Posts Net Post Reels Rollers_ - Roller Brushes Roller Scrapers Tennle Two -Step Tidi-Court Windscreens Fasteners _ Ty -Wraps - �^ Plastic Snaps__•.• _- 01 25A-25 DAILY MAINTENANCE MORNING 1. Inspect Har -Tru surface for minor scuffing. If baseline areas require divot repair, lute and re -dress as necessary. 2. Remove any weed growth problems and foreign debris from the surface. 3. Inspect tapes and nails for lifting of shifting. 4, Groom surface with an Aussie Clean Sweep, Court Rake or a Drag Brush. Make wide turns with the Drag Brush to avoid accumulation of Har -Tru material. The Aussie Clean Sweep serves a dual purpose; as a smoothing/leveling tool (with teeth in the up position) and a debris remover (with teeth In the down position), 5. Sweep the line• tapes. Ensure the line tape area beneath the net has been swept. Use a Line Scrub to rernove surface material that adheres to the fine tape. G. Roil the surface if necessary. Make wide turns. Avoid twisting and turning motions that cause surface damage. 7. Sweep the tape lines after Clio surface has been rolled for a cleaner looking line (optional). a. Ensure that the net and center strap is set correctly. 9. Clean benches, coolers, cooler stands, ect. Ir these items are kept on -court during the season, move them and groom the surface below on a regular basis. 10,Wash out the Tennie Two -Step on a dally basis if possible. I1.1nspect Windscreens. 12.Ensure Line Sweeper, Aussie Clean Sweep, Court Rake and Drag Brush are stored properly and do not pose a hazard to players. MID-DAY Mid-day maintenance keeps the court looking and playing as well during late afternoon as it plays in the morning. The ideal situation would be for maintenance time to be scheduled so courts could be brushed, lines swept and the surface watered properly. The moisture level in the court profile should remain adequate until the next maintenance period. EVENING Adequate brushing and thorough watering will ensure quality playing conditions the following day. 1. Brush in alternate directions, particularly around baseline areas to smooth surface prior to watering, Alternate direction of brushing on a nightly basis, 2. Water the court in a "cycling method" to accomplish a thorough watering during the course of.an evening with as little run-off of water as possible. Proper timing of watering cycles is best determined by observation. The Ideal situation would be for the court profile to retain adequate moisture until the next maintenance period. 37 25A-26 TEGHNIQUg FOR "QUICK CONTINUOUS" ROILING Example of rolling � JI several courts �4— -- —0 0 •f es wRhoat removing nets. 38 25A-27 W31 PERIODIC MAINTENANCE 1. Inspect court surface material for any build-up to be removed; particularly along the net -line. 2. Inspect the court surface for weed growth. Algae control Is best achieved by following these guldeliiles; a. Agitate low traffic areas on the court periodically. Use the Court Rake, Lute/Scarifier, Steel Bristle Drag Brush, Court Devil or the Lee Tow Scarifier. b. Stay on. top of growth problems by regular observation and preventive maintenance practices such as frequent surface agitation, c, consult your local county agricultural cooperative extension agent prior to the purchase and application of any chemicals. d. Always read the entire chemical label and follow any safety precautions prior to application. 3. Periodic leveling/smoothing of the court surface may be required, particularly in areas of heavy play, The best time of the day for smoothing the surface is during the afternoon when the surface is drier, just before turning on the watering cycle, Use a regular or Steel Bristle Drag Brush. 4. periodic observation of the irrigation heads while irrigation system Is running is the best preventive measure to ensure thorough and even water distribution. 25A-28 Freeze/Thaw Effect of Phar -Tru Courts Frost occurs In the Har -Tru clay court surface profile when water in the surface freezes. Depending on the extent of the freezing weather, frost may extend through the entire 1" thickness of Har -Tru, Whan sunlight and higher temperature reach the frozen surface the following morning, these Ice crystals will begin to melt from tie top of the surface downward through the profile. It may take several hours for all ice crystals to melt in the profile. While these ice crystals are melting, water will form on top of the surface and form puddles until the entire surface below begins to. thaw. Once the profile has thawed completely the water will drain through the profile. Until the entire profile has thawed and the water has drained back down into the profile, the surface may be too wet for maintenance practice s and for tennis play. We recommend everyone stay off the surface until it is playable and workable since any traffic on a wet surface may compromise the quality of that surface. If players or court maintenance staff enters the playing area before. this drying cycle is complete, minor damage to the surface can occur, ' To repair the indentations (footprints, roller marks, etc.) caused by entering the playing area too quickly, use standard patching techniques or call Har - Tru Sports or your local Har -Tru Clay Court material distributor for guidance. 43 25A-29 TEND OF SEASON MAINTENANCE 1. Tennis Nets: Remove and attach a tag noting any repairs needed. 2. Windscreens: Inspect for needed repairs, label for easy relocation next season and fold neatly for storage in a plastic bag. Wait until the windscreen is dry (afternoon) before removing, Fence maintenance during the "off-season" can be accomplished much easier without the windscreens hanging on the fence. 3. Net posts: Remove and Inspect for repairs. 4. Cover net postholes to prevent water, surface material and debris from entering during the off-season. S. Remove the tapes and nails. Ensure all nabs have been removed from the court surface. G. Coolers: Wash inside and out. Repair spouts if necessary. 7. Benches: Wash, repair and paint If necessary. S. Line Sweepers, Drag Brushes and other accessories: Wash clean, Inspect for repairs and hang properly to protect the bristles. 9. Roller: Consult owner's manual for proper servicing. 10.Aussie Clean Sweep: Wash clean, Inspect for repairs and hang to protect rubber matting, END OF SEASON HAR-TRU SURFACE MAINTENANCE 1. Brush and roll repeatedly to rill in and compact old nall holes. 2. Covering court surface with a nylon reinforced plastic cover for the winter months reduces the amount of reconditioning required the following spring. 44 25A-30 FAiL SURFACE RECONDITIONING Fall surface reconditioning is increasing in popularity because the tennis courts can be opened earlier In the spring when demand for play Is strong and time available for reconditioning is short, particularly during a wet spring. The maintenance staff is under less time constraint In the fall, allowing for better quality control In providing a superior playing surface. More time Is available for other Important (and often postponed) spring maintenance duties around the tennis court. Fall -weather patterns are more stable & predictable for reconditioning. Initial expense to purchase a tennis court cover is justified considering the life of the cover, benefits to the players and Increased productivity of the maintenance staff. WINTERIZING THE IRRIGATION SYSTEM 1. Turn off main water supply. 2. Ensure manual valves at base of sprinkler heads are open. 3. With an air compressor, blow out the Irrigation lines by activating each zone separately for approximately 5 minutes, do not exceed 60 psi. Open each zone valve box cover and inspect valves for any needed repairs while the system Is being blown out. 4. Repeat step 3 until all water has been blown through the system. 5. Remove any debris from Inside the valve boxes. 6. Replace valve box lids. 7. Note any repairs or improvements needed for the system before the next season CONTINUING EDUCATION Several educational aids are available for staff training; the General Maintenance Outline for Har -Tru Tennis Courts, the Maintenance Video, the maintenance DVD and other resources. Visit our web -site at www.har-trti.com for additional information. These products are ideal for keeping your staff informed, on a regular basis about the most efficient methods of Har -Tru tennis court maintenance. 46 25A-31 5 YEAR BUDGET MAINTENANCE PLAN The following includes a list of goals and time tables based on the Court Analysis Survey. These timetables can be used in budgeting for short and long term projects. Sub ect__ Description _ Schedule Laser Grading Laser grading should be considered every Every 10-15 & V lift 10-15 years. years Top -Dress Topdressing is necessary for each annual Annually opening, 1-2 tons of Har -Tru per court should be applied with each top -dress. Line Tape Line Tapes should be pulled up prior to top Annually replacement dressing. This will ensure that lines are straight, tight and have no surface material buildup on either side of line tapes during the playing season. _ Windscreens Windscreens should be replaced every 3-5 Now years or as they start to fade, discolor and & et brittle. 3-5 years Fencing -Hard Fencing should be painted or replaced as As Needed Courts needed. Keeping this project in a cycle will help to eliminate a build up of high budgetary Costs. _. Tools & __ Keeping Brushes and Hand tools in good _ Drag Equipment working condition is essential for great Har- Brushes, Tru courts. Replacing worn .brushes, lute Line Masters blades etc. will keep the tools working Lutes properly. Aussie's Roller Having as reliable roiler on site will be Grease important to ensure the best possible annually & courts. Preventative maintenance will perform ensure reliable equipment. scheduled Preventative Maintenance Amenities Nets, Net Posts, Coolers, Benches, etc. As Needed should be replaced as needed. 48 25A-32 Maintenance Properly maintained Har -Tru courts ensure Annuaily Training court longevity and consistent playablilty which can really affect a facility's bottom line. Making sure the maintenance crew is sufficiently trained Is key, We offer Information on our website that can provide the training and knowledge needed. Attending maintenance seminars gives a Maintenance Employee an opportunity to learn about best practices and to meet others in the same Industry. They get hands on training both in a classroom setting and out on the court, Please contact Har -Tru Sports for more Information. �ww'-4-o"s*�wAlUTIA•.► The following are staffing recommendations for daily maintenance of clay tennis courts, Hair -Tru We recommend 45-60 minutes per court each day, There are variables each day, week, month and annunily, This staffing recommendation is an average figure meant to help to determine staffing needs for the maintenance of Har -Tru Clay tennis courts. SUB -IRRIGATED We recommend 20-30 minutes per court, per day. There are variables each day, week, month and annually. This staffing recommendation is an average figure meant to help to determine staffing needs for the maintenance of Sub -Irrigated tennis courts, 44 25A-33 CITY OF SANTA. ANA PARKS. k6iC'RFAT1oN AND ('UMMUNiTY SLil VICLiS AGENCY 13ARK/I'ACiJ..1'l'Y/Ili?Li) MODIF1CA-110N PROCESS 12/7/2007 The purpose of this process is to ensure that any modifications proposed on City parks, facilities or fields by groups or individuals meet the City's building code requirements, safety and quality standards, and be uniform in design with other park facilities. The intent ofthe proposed modification must take into consideration the impact to the surrounding neighborhood and must meet the City's overall objective of providing quality public park services and facilities to the residents of Santa Ana. The following information and/or process shall apply to any park facility or field modification proposed by the City, organizational ttrouo(s)_altd/or individuals): 1. Modifications shall apply to any proposed installation or removal of capital improvements on any City - owned park, facility or field, such as: • Sports facilities o ball fields, soccer fields, sports courts, etc, o sports lighting o dugouts o batting cages o bleachers o scoreboards a concession stands o press/score boxes • Play areas o playground equipment o playground surfaces • Passive areas • Park furniture and signage o park and regulation signage o picnic tables, park benches, barbeque braziers. trash receptacles, drinking fountains • Park landscaping and irrigation systems 2. The process shall also include any offer to provide volunteer assistance mid or request for improvements in the area of maintenance and/or landscaping to any City -owned park, facility or field, such as: • Planting or removal of trees, slu•ubs, ground cover, vines, and flowers * Maintenance of park landscaping such as: o edging / trimming o mowing o sodding o sprigging o top dressing o weed abatement o trash/clean-up 1 Exhibit: C 25A-34 12/7/2UU7 User Grouv(s) Procedure I ) Complete attached ParklFadlirvlField Mndiftation Request Fol m. 2) Submit Request Porro to Parks, Recreation and Comminity Services Agency, Attention: Administrative Services Division. 3) Agency reviews proposed modification(s) with Administration and Park Maintenance Division staff. 4) If improvements are minor in nature and do not impact the original master plan of the park, administrative approval may be granted to allow the applicant to proceed with work. 5) If applicable, and improvements are extensive, applicant shall provide preliminary plans for review by the Parks, Recreation and Community Services Agency. Make any corrections to plans or scope of work as identified by the Parks, Recreation and Community Services Agency. 6) Staff presents preliminary plans or scope of work to appropriate Neighborhood Association($), as identified by the Parks, Recreation and Community Services Agency. 7) if preliminary plans are approved by the Neighborhood Association(s), all agreement may be required between the organization and the City of Santa Ana. R) Upon Neighborhood Associations) approval, the plans are taken to the Board of Recreation and Parks for approval with neighborhood comments and/or terms of agreement. 9) if preliminary plans are denied by the Neighborhood Association(s), applicant may file a formal appeal with the Board of Pafks and Recreation's Open Space Committee, '10) if appeal of the preliminary plans is approved by the Open Space Committee, a recommendation is taken to the Board of Parks and Recreation for approval. 1.1) If appeal of the preliminary plans is denied b the Open Space Committee, the applicant may appeal the decision to the entire Board of Parks and Recreation. 12) if the Board of Parks and Recreation approves thephurs, and an agreement is required, which staff will draft aril present to the City Council for approval. If no agreement is required, proceed to Step 14. 13) If the Board of Parks mid Recreation denies the preliminary plans appeal, that decision is final and thero is no further appeal process that may be undertaken. 14) Upon Board of Parks and Recreation approval of plans (and City Council approval of agreement, if required), applicant shall provide construction plans and specifications to the Parks, Recreation and Community Services Agency, Administrative Services Division, and the Santa Ana Planning and Building Agency, if applicable, Applicant shall make corrections to plans and specifications as identified by the appropriate agency. 15) After plans and specifications have been approved by both the Parks, Recreation and Community Services Agency and the Planning and Building Agency, a pre -construction meeting will be held with the Parks, Recreation and Community Services Agency staff to review applicant's proposed construction schedule to determine any impact on programs or operations at the specified park/facility/field. 16) The Parks, Recreation and Community Services Agency will notify the organization on when construction may proceed. 2 25A-35 CITY OF SANTA ANA PARKS, RI CREATION AND COMMUNITY MRV ices MENCY hirlc/Facility/Field Modification Request Dorm (Please complete one form per project) 12/7/2007 Croup/ludividual Requesting Modification Non -Profit Tax ID No.: Contact Person Name Address Phone Number: I Fax Number: -El-mail: Certificate of Liabilityinsurance attached? Yes No Site Ian/dra-svin enclosed? Yes No Projected Start Date: I Projected Completion Date: proposed modification(s): Brief description of how project will be funded and funding source: Impact on parlc/facility/field during Improvement/maintenance: Applicant Approved /Dented by Date: Date: Date Received and Piled by Board of Parks and Recreation Conditions (r••/•any): 25A-36 MAYCIf1 MIpIA A, Polido FIAT OR PRO TEM C'adoa Rmum:une COUNCILMCM895, f'Iaurlia Alvnev P D wO Flonwlva flit 1.:IF Mdl t1w., M1111t CiMf S'nft1112M6 Sal Trull•. u Insurance CITY OF SANTA ANA FINANCE & MANAGEMENT SERVICES AGENCY PURCHASING DIVISION 20 CIVIC (ENTER PI APA M.I f, P D. FJOA 108.11 - NANTA AIdA. CALIFOR141A 9710 PHONE (71 a1 547.5420 - FAX. (7141 bd7L949 CITY MANAC,FR ('IIY Al l OKNE'/ lust trh W rluo,cl CLERK OF THE COIaNCII Pauitrl E. Htal) As a condition of, and throughout the term of the contract, the vendor shall have and maintain the insurance described below: Certificate of Insurance (Acord's 25-S form no.) to include: • General Liability —$1,000.000each occurrence • Worker's Compensation —Within the limits required by the State of California • Automotive Insurance -- x1,000,000 combined single limit A notation in the Caucellation clause (in the bottom right hand corner) of the Certificate must be made that the City will be nulled 30 days writen norice of zoipcngcellation and the references "godgavor to' and "allure to representatives" shall be or The attached "Additional Insured Endorsement"' provided by City must be completed and signed by the ins broker, or the insurance companies provided form number CG20 10. The forms must include the fo statement: "Tlte City of Sa►►ta Alla. it's officers, etnnlovees, ag_ews fend rep resagat pe are namgr( as ads insured' 'rhe form must reference the Certificate of Insurance Policy number on the Additional Insurance. Additionally, vendors working on City vehicles housed on the vendor's property are required to carry Garage Liability. Exhibit D 25A-37 ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers, employees, agents and representative are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This Insurance applies separately to each insured against whom ciaifn Is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, Including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to Name Insured Countersigned by this endorsement form as part of 25A-38 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 TITLE: AWARD CONTRACT TO ENERGY RETROFIT CO. TO INSTALL ENERGY- EFFICIENT LIGHTING FIXTURES AND CONTROLS IN THE POLICE ADMINISTRATION BUILDING AND EXECUTE AGREEMENT FOR ON -BILL FINANCING LOAN (RFP NO. 18-069) (STRATEGIC PLAN NO. 4,3101; 6,2A) Olt MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with MarketingPower, Inc. (dba Energy Retrofit Co.), for the term beginning September 4, 2018, through December 28, 2018, to provide and install advanced energy-efficient lighting fixtures and controls at the Police Department Administration Building, in an amount not to exceed $656,847 inclusive of a 4% contingency in the amount of $24,519, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Southern California Edison to provide a $526,499 no -interest On -Bill Financing Loan and $115,348 in incentives to fund RFP No. 18-069, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION As part of the City's ongoing efforts to identify potential cost-saving energy projects across City facilities, the Building Maintenance Division commissioned energy audits for the Police Department Administration building, Corporate Yard facilities (administration and maintenance buildings), Ross Annex parking garage, and the City's libraries (Main Library, Newhope Library, and McFadden Learning Center). The energy audits were completed at no cost to the City by The Energy Network, a nonprofit program funded by California utility ratepayers through the California Public Utilities Commission. 2513-1 Award Contract to Install LED Lights and Controls PD Administration Building, On -Bill Financing September 4, 2018 Page 2 Based on the energy audit findings, Building Maintenance staff applied for and secured approved funding from Southern California Edison (SCE) to retrofit all facilities mentioned above. The retrofits to the Newhope and Main libraries, and the McFadden Learning Center were completed in 2017 and 2018. Retrofit funding applications for the Police Department Administration building, Corporate Yard facilities and Ross Annex parking garage have been reviewed and approved by SCE. City staff, with the assistance of The Energy Network, is proceeding with the selection of contractors to install the lighting and controls retrofits for these projects. At this time, staff is requesting Council approval to implement the Police Department Administration building retrofit project. The Scope of Work consists of new light fixtures (replace fluorescent units with energy-efficient light -emitting diode [LED] lights) and light controls (install occupancy sensors and connect to lighting and Building Management systems). Project benefits include improved illumination; an annual reduction of 494,175 kWh in electric usage; annual electric bill savings of $55,555, and annual greenhouse gas reductions equivalent to taking 78.8 cars off the road. A total project cost of $641,847 has been approved by SCE, and includes cash incentives of $115,348, and a zero interest On -Bill Financing (OBF) loan of $526,499, for a total of $641,847. An innovative feature of this SCE program is that the City will have no upfront costs. The awarded contractor will finance the cost of the project; and SCE will then pay the contractor directly with the cash incentives (which are grants and do not need to be repaid by the City) and the OBF loan proceeds that SCE has approved for the project. Any lighting upgrades not included in the project specifications but authorized by the City will be paid from contingency comprised of combined SCE and City funds. Once the retrofits are completed and validated, the Police Department will realize lower utility charges on their electricity bill. The bill will have a new, separate line item for the monthly OBF loan repayment. However, once the OBF loan is paid in full (9.5 years), SCE will discontinue the OBF loan repayment charges. Staff requests the City Council to approve the funding process for this project, and authorize the City Manager and Clerk of the Council to execute an OBF agreement with SCE. The SCE Notice of Approval for incentives and OBF loan amount (Exhibits 1 and 2) and an example loan agreement form (Exhibit 3) are attached. On July 26, 2018, staff posted the Request for Proposal (RFP) for the Police Department Energy Lighting Retrofit (Exhibit 4) on the City's website and online bid management and publication system. Three proposals were received and opened on August 15, 2018. The proposals were evaluated and ranked by a review committee comprised of staff from the Public Works Agency and Building Maintenance. The ranking criteria included the experience of the firm and team, relevant project experience, understanding of the scope of work, the work plan, references, schedule, and fee. The ranking of the three firms is as follows: 25B-2 Award Contract to Install LED Lights and Controls PD Administration Building, On -Bill Financing September 4, 2018 Page 3 Firm Score Energy Retrofit Co. 93.7 Baker Electric Inc. 80.7 SoLED Energy Inc. 65.0 Staff recommends awarding a contract to Energy Retrofit Co., as their proposal is responsive to the specifications and meets the City's requirements. Contractor has experience with similar work with government entities through SCE, is committed to completing the work within the specified time, and submitted pricing within SCE's approved project funding. The proposal contains a clear path toward achieving City goals and objectives as required by the RFP. The total agreement (Exhibit 5) compensation is in the amount not to exceed $656,847. STRATEGIC PLAN ALIGNMENT Approval of this item supports City efforts to meet Strategic Plan Goal #4 — City Financial Stability, Objective 3 (achieve a structurally balanced budget) Strategy D (explore innovative revenue and cost recovery strategies) and Goal #6 — Community Facilities & Infrastructure, Objective 2 (address deferred maintenance on City buildings and equipment) Strategy A (prepare a Deferred Maintenance Plan that assesses safety, adequacy, and liability implications, and estimates repair costs to be programmed in the responsible agency's future budget). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. A Notice of Exemption will be filed for this project. FISCAL IMPACT There is a total of $656,847 in funding available for this project from a combination of SCE approved OBF financing and estimated SCE Incentives ($641,847), and City funding ($15,000). Source Description Fiscal Year Amount SCE Approved Loan Proceeds 2018-2019 Oct. — Dec. 2018 $526,499 SCE Estimated Cash Incentives 2018-2019 Oct. — Dec. 2018 $115,348 city Building Maintenance 2018-2019 Oct. — Dec. 2018 $ 15,000 Total $656,847 The contract amount of $656,857 will be paid from these funds in the following manner: 25B-3 Award Contract to Install LED Lights and Controls PD Administration Building, On -Bill Financing September 4, 2018 Page 4 After installation is complete and an Installation Report is finalized, the actual amount of OBF loan proceeds and project incentives will be determined and paid directly to the contractor, Energy Retrofit Co., by SCE. Since the actual project costs are not expected to exhaust the approved SCE funding, the final loan amount and repayment terms will be reduced accordingly. The contract amount includes a $24,519 contingency. $9,519 of this contingency will be covered by SCE funds. The remaining $15,000 will be paid from City funds, but only for authorized additional lighting improvements not qualified under SCE's program. City funds for the $15,000 contingency are budgeted for expenditure in FY 2018-19 in the Police Department Building and Facility — Contract Services expenditure account (No. 01114403- 62300). Funds in the amount of $26,502.20 for the FY 2018-19 OBF loan payments to SCE are budgeted and available in the Police Department Building and Facility, Loan Repayment-OBF account (No. 01114403-67003). Funds for the subsequent fiscal years will be budgeted in the same account, in accordance with the following estimated loan repayment schedule: Fuad S. Public Fiscal Year I Description I Amount Assumes total loan amount is utilized and repayment begins January 2019 First Payment $3,354.20 113 Monthly Payments. $4,629.60 First Payment $3,354.20 2018-19 5 Monthly Payments $23,148.00 108 Monthly Payments 2019-20 through 2027-28 9 Years $499,996.80 $55,555.20 annual) Total $526,499.00 iveiss, PE, PLS Director rks Agency APPROVED AS TO FUNDS AND ACCOUNTS: Sergio Vidaf'Lktz Assistant Director Finance and Management Services Agency 25B-4 Award Contract to Install LED Lights and Controls PD Administration Building, On -Bill Financing September 4, 2018 Page 5 Axid Valentin Chief of Police Santa Ana Police Department FS:JA:CK:SS Exhibits: 1. SCE Notice of Approval — Incentives 2. SCE Notice of Approval — OBF Loan 3. OBF Loan Agreement — Sample Form 4. RFP 18-069 5. Contract Agreement 25B-5 r WqSOUTHERN CALIrORNIA EJ EDISON' M EDISON INTERNATIONALo Company January 4, 2017 Project Number: 353-16-0500831244 Project: Customized Solution Approach Authorized Agent: DURBIT 1 E-mail: Businesslncentives@sce.com I Fax: 626-633-3243 Questions?: 800-736-4777 Customer Information: John Aguilar City of Santa Ana 20 Civic Center Plz Santa Ana, CA 92701 SEND ALL DOCUMENTS TO: Business Incentives Southern California Edison P.O. Box 800 Rosemead, CA 91770-0800 RE: NOTICE OF CUSTOMIZED SOLUTIONS CONTRACT AND INCENTIVE APPROVAL Dear John Aguilar: Thank you for submitting your Energy Management Solutions Incentive Application ("Application") for the Customized Solutions Program ("Program"). Your Application for incentives for the Project(s) described in your application has been reviewed and approved. Funds reserved are based on SCE approved savings estimate set forth below; however, the actual incentive payments will be made based on verified and actual savings' amounts: sct t -mai slpproveo savings ana Incentive tstimare SOLUTIONS DESCRIPTION Code kWh kW $ Incentive Amount Interior LED fixture replacement LT -17492 445,716.10 56.99 $44,205.79 Exterior LED fixture replacements LT -85834 18,655.0 0.00 $1,492.40 LED Integrated Retrofit Kits LT -76496 29,804.20 3.68 $2,936.34 Total Approved Savings/Incentive Estimates $48,634.53 Ter Incentive $66,713. 7 Total Estimated Incentive _ _$115,34 10% Measurement and Verification Adder (if applicable) If you do not concur with the energy savings and incentive amounts shown above, you have 30 days from the date of this letter to notify SCE, so that we can attempt to resolve your concern(s). If you do not notify us of any concerns within 30 days of this letter, the savings/incentive estimates set forth above will be deemed correct. If you agree with the estimates, you may proceed to purchase and install the above solution code(s) at any time. This Project Approval incorporates by reference the Application, including the Applicant Agreement regarding Program Terms and Conditions. After your project is completely installed, operational, and meets all requirements of the Program, which is described in detail in the Customized Statewide Procedures Manual for Business and at www.sce.com/customized—solutions: Complete, sign and submit the enclosed 2013-14 Customized Solutions Installation Report. Submit final invoices and/or documentation to support project cost, clearly detailing all costs associated with the project (equipment, labor, tax, etc.). Check out www.sce.com 1 To see if you qualify for the Comprehensive Bonus. 25B-7 SOUTHERN CALIFORNIA LJ EDISON' An £OISON INTGRNATIONAL0 Company E-mail: Busimssimentives@sce.com Fax: 626-633-3243 Questions?: 800-736-4777 SEND ALL DOCUMENTS TO: Business Incentives Southern California Edison P.O. Box 800 Rosemead, CA 91770-0800 Submit complete engineering calculations to demonstrate energy savings and documentation, if applicable (including archival diskette, CD, etc.). Submit schematic drawings and/or manufacturer specification sheets, if applicable. Operating Report, if measurement and verification is required. NOTE: As a reminder, the deadline for the project to be completely installed and operational is one year from the date of this Project Approval letter. Please submit the completed Installation Report within 30 days after installation and prior to the one year deadline. Upon SCE review and approval of your completed Installation Report and supporting cost documentation, you will be notified in writing. Thereafter, SCE will process the incentive check or SCE utility bill credit, as applicable. If SCE is unable to approve your incentives based on the information provided, SCE may require you to submit other documents related to the Project, Project site, solutions, energy savings, or any other documents it requires, in its sole discretion, to make a decision on your Application. If you have any questions, please contact your SCE Account Representative. You may also call us at (800) 7364777 Monday through Friday, from 8:00 a.m. to 5:00 p.m., or send an e-mail to BusinessIncentivesRsce.com. Please have your project number available for reference when you call and include it in any e-mail correspondence. Business Incentives Team Southern California Edison Checkout www.sce.com I To see if you qualify for the Comprehensive Bonus. r Energy Management Solutions Incentives Application for Business Customers 2013 - 2014 Customized Installation Report DIRECTIONS: Afteryourproject is installed and operational, input the project installation commencement and completion dates in the fields provided. Review the Information from yourAppiication Approval Letter. If nothing has changed, and the information in Sections 5 and 6 is correct, complete and sign Section 7 on page 2 of this Installation Report (IR) Form and submit both pages to SCE at one of the addresses below. If Business Incentives For overnight delivery: Fax: 626-633-3243 Southern California Edison 6010 N. Irwindale Ave. E-mail: Businesslncentives@sce.com P.O. Box 800 Irwindale, CA 91702 Questions? Call 800-736-4777 Rosemead, CA 91770-0800 UPN #: 353-16-0500831244 SA #: 3-010-7153-96 Project Name: Police Dept Lighting 2 Customer Name: City of Santa Ana Customer's Authorized Agent: Installation Commencement Date: Installation Completion Date: 5) Customized SolutionsSection Original Application) Line # Solution Code I' Solution Description —�! Description of Existing Equipment 1 LT -17492 I Interior LED fixture replacement (utilizing approved Inmtnarinsl. 2 LT -85834 Exterior LED fixture replacements (utilizing appmved 3 LT -78496 LED Integrated Retrofit Kits 4 5 J Note: If submitting more than 5 Solutions complete and attach the Customized Solution page from the Multiple Site/Solution Worksheet at .scccomisolul ons. Section• •s (From Original ••• • Energy Savings Total Project Cost ($) Calculated Baseline Installed Energy Incentive Energy $641,847.51 Solution # Usage (kWh) Usage (kWh) Savings (kWh) Rate ($IkWh) Incentive ($) 1 803,629.7 357,913.6 445,716.1 $ 0.08 $ 35,657.29 Calculated Energy Savings Totals 2 31,447.0 12,792.0 18,655.0 $ 0.08 $ 1,492.40 494,175.3 3 63,760.2 33,956.0 29,804.2 $ 0.08 $ 2,384.34 Calculated Savings Incentives 4 -lxs P,y,ncwAdy z pfaw-ei:l 5 115,348.20 Section 6) Pri-Peak Demand Reduction (From Original Application) On -Peak Demand Reduction On -Peak Demand Reduction (kW) Calculated Baseline Installed On -Peak Peak Demand 60.67 Solution On -Peak On -Peak Demand Reduction # from above Demand (KW) Demand (KW) Reduction (KW) Incentive ($) 1 100.94 43.95 56.99 $ 8,548.50 SA# 3-010-7153-96 2 $ - UPN # 353-16-0500831244 3 7.87 4.19 3.68 $ 552.00 4 $ NOTE: For projects requiring M&V, attach any required baseline or post -installation measurements and analysis, as 5 $ - speed in your approved M&V plan. Section 5) Customized Solutions (if Different from Original Application) r�--.._—�_— Line # I Solution Code ____ — _—_._ —..__ Solution Description ---_.—__�_.� Descripticn of Existing Equipment 1 3 4 - -- -----�-- ----1 -. 5 Note: If submitting more than 5 Solutions complete and attach the Customized Solution page of the Multiple SitelSoludon Worksheet at vxnv.sce.comisclutions. Energy Savings Calculated Baseline Installed Energy Incentive Energy Solution # Usage (kWh) Usage (kWh) Savings (kWh) Rate ($IkWh) Incentive ($) 1 2 3 4 5 Calculated Baseline Installed On -Peak Peak Demand Solution On -Peak On -Peak Demand Reduction # from above Demand (f(W) Demand (KW) Reduction (KNO Incentive ($) Total Project Cost ($) Calculated Energy Savings Totals Calculated Savings Incentives On -Peak Demand Reduction 1 1 1 1 SA# 3-010-7153-96 2 UPN # 353-16-0500831244 3 4 NOTE: For projects requiring M&V, attach any required 5 baseline or post -installation measurements and analysis, as Check appropriate boxes: No changes to the proposed solutions have been made since the Project Application Review and Approval and the Authorized agent verifies that the Application approved savings calculations are correct. O Due to changes to the proposed measures, appropriate adjustments in the savings calculations have been made. For measures with changes made during installation, use this section, and Sections 5 & 6 on page 2, to calculate the revised installed energy usage, O energy savings, peak demand reduction, and incentives. Attach the appropriate calculation backup: the output from the Estimation Software, Calculate Energy Savings Total or the calculation sheets that document the engineering calculations. Attach the following supporting documentation with this Installation Report, or email it to the SCE RCx program manager: Verification data as evidence of Implementation. Updated savings calculations, where applicable. Copies of invoices for implementation, as proof of the Customer's implementation costs. RCx Training Completion Form, including the training agenda, training materials, list of attendees, and measure persistence strategies. See the RCx Program Guidelines formore information on these Items. 1. HVAC Permit (if required). If a permit is required for any HVAC installationlreplacement, I have provided the permit number below. (If no permit is required, leave this section blank.) Permit # Agency 2. Contractor Certification. If a contractor was used for any HVAC installationtreplacement, this section must be completed by the contractor. By checking this box, I certify I am a licensed contractor and have followed applicable permitting requirements and, if required, that the HVAC ❑ permit information above is correct. Signature of ontractor Name pease print ate I, the Customer or Authorized Agent below, certify that (i) the Energy Efficiency Solutions have been completely installed, functionally tested and proven capable of operating and being maintained to perform in conformity with their design intent, and (it) that a licensed contractor was used, where applicable, and all applicable permitting requirements for this installation were followed. The installation date of operation of the Energy Efficiency Solutions and any required monitoring data collection per approved M&V plan, are also certified. Signature Name pease print rte Date 258210 EXHIBIT 2 SEND TO: Southern California Edison, Business Incentives $OUII IL I?N CALLIIFOORiNIAP.O. Box 800, Rosemead, CA 91770-0800 E®i S 1 ' E-mail: Businesslncentives@sce.com I Fax: 626.633.3243 Questions? 800-736-4777 An Ccwny January 04, 2017 Customer Information: John Aguilar City of Santa Ana 20 Civic Center PI, M-11 Santa Ana, CA 92701 RE: NOTICE OF ON -BILL FINANCING (OBF) APPLICATION APPROVAL AND FUNDING RESERVATION PROJECT NUMBER: 353-16-0500831244 SAM 3-010-7153-96 Dear John Aguilar Your On -Bill Financing Application has been reviewed and approved, and funding for your On -Bill Financing Loan has been reserved. At this point the estimated OBF Loan funding reservation for your project of $526,499:31=has been established. Terms and Conditions of Loan Reservation: 1. The reserved amount has been calculated based on the results of the review and approval of your Energy Efficiency Project Application, and according to the provisions and methodology of the OBF Loan Term Calculation [LTC]. Since the loan reservation amount is based on an approved project proposal, it is an estimate of what the actual loan amount may be. 1a. An OBF Loan Term Calculation [LTC] is attached. 2. The actual loan amount will be calculated based on the results of the review and approval of your Energy Efficiency Project Installation Report, and according to the provisions and methodology of the OBF Loan Term Calculation [LTC]. Therefore, the actual amount of the OBF Loan may differ from the reserved amount presented above. 2a. The actual amount of the OBF loan may be less than the reserved amount presented above. 2b. The actual amount of the OBF loan shall not exceed the reserved amount presented above. 3. The expiration of the loan reservation shall be consistent with that of the project incentive. Next Steps: • You submit the completed Installation Report [IR] to SCE, and SCE will review it. • SCE will calculate the actual final loan amount, based on the results of the IR approval, and the LTC provisions. • SCE will issue 2 copies of the OBF Loan Agreement to you. • You will sign, and have notarized, the Agreements and return to SCE. • SCE will counter -sign the Agreements. • SCE will provide you with 1 copy of the fully -executed Loan Agreement and will process the loan proceeds. 25B-11 SEND TO: Southern California Edison, Business Incentives SOUIIILRN CUITOMIA D I � � � n P.O. Box 800, Rosemead, CA 91770-0800 E-mail: Businesslncentives@sce.com I Fax: 626.633-3243 Questions? 800-736-4777 An 17DI.SONATFfi.ti,4770RAL"0?-.;uny If you have any questions, please contact your SCE Account Representative. You may also call us at (800) 736-4777 Monday through Friday, from 8:00 a.m. to 5:00 p.m., or send an e-mail to Businesslncentives@sce.com. Please have your Project Number available for reference when you call, or include it in your e-mail. Sincerely, Delia Williams Program Manager -On Bill Financing Southern California Edison Company Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter Into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning SCE is the Federal Trade Commission, Equal Credit Opportunity, Washington DC 20580. 25B-12 On -Bill Financing Program - Preliminary Loan Term Calculation (LTC1) Completion Date/Time: 12/15/2016 7:26 AM Project Number: 353-16-0500831244 Service Account: 3-010-7153-96 Customer Number: 1-0-000-7130 Customer Account Number: 2-22-264-5319 OBF Application Receipt Date: 2/16/2016 Project Type(s): Customized Market Segment: Government and Institutions Business Name: SANTA ANA, CITY OF Reference Name: POLICE DEPTLED LIGHTING 2 Address: 60 CIVIC CENTER PLZ City, CA Zip: SANTA ANA, CA 92701-4060 ACTUAL TERMS WILL BE CALCULATED BASED ON FINAL REVIEW AND VERIFICATION OF THE PROJECT INSTALLATION REPORT LTC1 Reserved Amount is $526,499.31 First month payment is $3,354.51 113 subsequent monthly payments $4,629.60 PROJECT ECONOMIC SUMMARY EXPLANATION A. AVERAGE ELECTRIC BILLING RATE — past 12 months (Cents/kWh) $ 0.11242 Based on Billing History $ 641,847.51 C.2. Excess Project Cost B. ENERGY EFFICIENCY PROJECT SAVINGS C.3. Estimated Total Rebate/Incentive $ 115,348.20 B.I. Estimated Annual Kilowatt Hour Savings (kWh) 494,175.3 From Approved Project Application B.2. Estimated Annual Dollar($) Savings $ 55.555.19 Estimated Annual kWh Savings x Average Rate = $ savings (B.1 x A) B.3. Estimated Monthly Dollar($) Savings $ 4,629.60 Estimated Monthly $ Savings (B.2 / 12) C. COSTS $ 3,354.51 C.1. Estimated Total Project Cost $ 641,847.51 C.2. Excess Project Cost $ - C.3. Estimated Total Rebate/Incentive $ 115,348.20 CA. Other $ C.5. Estimated Potential Loan Amount (Gross Amount) $ 526.499.31 C.6. LTCl Reserved Amount C.7. LTC2 Reserved Amount From Approved Project Application Based on 20% Basic Lighting Cap Rule From Approved Project Application (C.1) -(C.2) -(C.3) -(C.4) From LTC1 calculation following Approved Project Application LTC2 Loan Amount per pofcy cannot be greater than LTC1 amount D. LOAN D.1. Gross Amount for Potential Financing $ 526.499.31 Lesser of (C.5) or (C.6) or (E.1.2) or (E.2.3) or other miss apply D.2. Monthly Loan Repayment Amount $4,629.60 (B.3) D.3. Actual loan term (Months) 114 Time required to repay loan in months (subject to exception analysis below) D.4. Actual loan tens (Years) 9.5 Time required to repay loan In years: (D.3) /12 E. LOAN LIMIT TESTS E.1. Market Segment Amount of Loan Test (Min/Max Loan Amount) E.1.1. Market Segment Minimum Loan Amount $ 5,000 Minimum Loan Amount per Service Account or Bundle E.1.2. Markel Segment Maximum Loan Amount E.1.3. Within Market Segment Limit? E.2. Customer Loan Limit Test (Previous Loans for this Service Facility Com, Ind, Ag = $100,000, G&I = $250,000 Y Is D.1 within loan amount limits Y/N? E.2.1. Service Account Loan Amount Limit $ 1,000,000 (E.1.2) or $1M for G&I Facility E.2.2. Previous Loans Reserved for this Service Account $ Total of previous OBF loans+ reservations E.2.3. Estimated Amount Eligible for Loans $ 1,000.000.00 (E.2.1) - (E.2.2), If <0. then 0. E.2.4. Within Available Amount? Y Is D.1. < E.2.3. YM? E.3. Length of Loan Test E.3.1. Loan Length Limit (months) E.3.2. Within Loan Length Limit? 120 CIA (lighting) = 36, CIA (non -lighting) = 60, G&I = 120 months Y Is D.3 within limit YIN? E.4. Expected Useful Life (EUL)* Loan Length Limit Test E.4.1. Applicable Measure EUL (months) 144 ELL in months of measure with greatest kWh contribution E.4.2. Within EUL Loan Length Limit? Y Is 0.3 within limit YM? E.5. EXCEPTION ANALYSIS (If any E.1 thru E.4. yields a "No") Exception Analysis Loan Minimum Requirement Test Does the loan amount from Exception Analysis meet the $5K loan minimum requirement? YES E.5.1. First Payment Amount $ 3,354.51 E.5.2. Subsequent Monthly Loan Repayment Amount $ 4,629.60 E.5.3. Subsequent Monthly Payments 113 E.5.4. Net Amount for Financing $ 526,499.31 'EmecLtl useful Lila (EUL): Each man sum '¢ eyncard b perform mf¢IeMnly fora Possal ortime. An EUL lar eaM eneyyagcienrymessum is aasgmd ayee Celfoma EnergyComm icsun (CEC). LTC ID: 11172 25B-13 25B-14 EXHIBIT 3 On•Dlli Financing Agreement This On -Bill Financing Agreement ('OBF Agreement') Is entered Into on 20 , (the "Effeclive Date') by and between the undersigned customertoma; an Soudient California Edison Company CSCE°) (each a'Party," coltactively the °Paruess,10 1. Customer and SCE en(erod Into tho EnoroY IvlanagementSoluuona Inoenilvas Appil�allpn for 2. Customer owns' leases or rants the property listed In the EMS Agreement an the Site and malntalns a service accouni(o with SCE for electric cervico. uotomer has completed Installation of eligible energy a dent equipment ((°equipment') at the Site as set Porth In the . EMS Agreement and has Acaapted the equipment as being operational and In good worWng order, 3. In Decision 09.00.047, the California Publid Utilities Commisslon authorized SCE to protide xsro pa :ent Interest financingg for the Installation of verialn energy effident equl menti which Is to iia re old over a opealgad period through the Customers efecirlo utility b 11(s) (' On.Blll Financing"� 4, Customer denims, to enter Into this OBF Agreement In. order to padldnate in SCC's On•Bilf Financing prof�ram and Customer agrees to repayy SCE the Amount Financed (as defined under "Loan Terms", below) through the Custcma a SCE ullllly, bill(a) pursuant to the terms and cot dlt(onaaPlhlsOBP greemont, NOW, THEREFORE, In consideration of the mutual promises and ooveninfa contained herein, the Parties agree as follows: Terms and Conditions Coffnod Terms; Except as the context ollidoxise requires capltalizod terms used In this OBF Agreement without definition shall have the same mean)ngs as are set forth In the E1v1S Agreement a Loan Terms; mount nonce aunt00 Financed' interestRate; 0°" Foes; on to to ay: -FM on symen ams n ng Monthly Psymen a: eryoe Account to he e t os rata Third -Party REV351V A00an [ess 01 UeSignMar a Paves: or ' If mom then one Service Account will be billed, Information regardhig the Service Account number and monthly payment is Iheluded In Schedule A attaohdd. Form 14-702 0612012 25B-15 1 Promise to Pay: Customer promises to pay SCE Una Amount Financed In equal monthly Installments as Wforth In the section above and/or Schedule A (Customer'@+ "Loan Obligailon"). The first Monthly Payment of Customer's Loan Obligation will appear width sixty (00) days from the Effective Dato on Customer's SCE utility btil(s) for the Service Account(s) listed above. Manner of Payment: Customer's Monthly Payment amount will appear as a line Item labeled "EC/OBF Installment Charge" on the monthly SCE utility bllf(o) for Customer's Service Account(s), customer may pay the Loan Obligation in the, monthly Installments or prepay the Loan Obligation in one lump sum without penalty, but pro -payments for less than the remaining balance will not be allowed. Customer's Loan Obligation will appear on Customer's monthly SCE utility bill(s) for the number of months set forth above, or until the Loan Obligation Ispaid In full by Customer, whichever occurs first. Customer shall mako payments to SCE as dlrsoled in the SCE utility blll(a). Partial Payments; If Customer Is unable to male a full payment of the Loan Obligation In any divan month, paymant arrangements may be made at SCE's eels disorotlon. Any partial payments will be eppllbd In equal proportion to the energy charges and thq Loan Obligallon,.and Customer will be eonaldorsd to be delinquent and In default of both the energy bill and the Loan OblIgallcn. Late Payments: No lato payment charges or Interest will be assessed for delinquent payments on the Loan Obilgatem However, SCE may assess late payment charges for delinquent payments of energy chargeo pursuant to SCE's Rule 0 Wilch Is Incorporated hdraln by reference. Returned Payments: SCE may requlre ppaymdnl of a $10.00 Returned Check Charge for any check returned from Customer's financial Inetllutloq uooald. The Returned Check Charge will also apply to any forms of payment that ara subsequently dishonored, Discontinuance of Semite: Amounts due under this OSF AgreementwUl be amounts deemed due under each SCE utility bill to the Customeea Sarvlce Account(/}s), and'a default under this OBF Agreement wUl be treated see default under the CustoMoea SoN G Account(s). Customer's Loan Obligation Is subject to Bye discontinuance provisions of SCE's ROIs 11, Discgnfinuenco and Restoration of Service, Section B, Nonpayment of Sills or Summary Bllis which is Incorporated herein by reference. Breach and Accolaraflon: Any breach by Customer under the EMS Agreement or this OOP Agreement shall constitute a breach under all of the above referenced agreements, For purposes heraln. SCE may determine the OBF Agreement to be breaded and Customer to be In default If Customer: (-I) sells, assigns orolherwlse transfers ownership, possession or title of the Site or the Equipment, (2) falls to pay Cie Monthly Payment amount wham due, .(3) closes, discontinues or otherwise causes the termination of the Service.Acceunt(s), or (4) Otherwise breaches this 08F Agreement and/or the EMS Agreement, and the breach Is not oured es speclfTed therein, Notwithstanding anything to the contrary. In the EMS Agreement, a breach and default as set forth In this section shall not be aubjebt to any additional trine period. Following a breach as set forth in this section, SCE shell have the. right to declare the entire unpaid balance of the Loan Qhllgalion immediately due and payable, Purohaso Money Securlty interest: Customer hereby agrees that SCE may, but Is not obligated to, file a UCC -1 ("Financing Statement") against the Equipment to secure Customer's obligation to repay the Amount Financed. Customer agrees to execute any and all documents In connection with the Financing Statement In order for SCE to perfect Its security Interest in the Equipment. Customer agrees that SCE Is not waiving any of Its rights of recovery as against the Customer should SCE elect to fila a Financing Statement, Form 14-792 W2012 25B-16 Confession of Judgment: Customer Irrevocably authorizes and empowers SCE and SCE's attorneys, upon breach and default by Customer as described In the preceding section, to appear in any state or federal court In Los Angelos County, California, as Customers allomeyyan•Faot and confess Jud mens against Customer by entry of a confession of Judgment pursuant to pode of Civil Procodure 1132 el. seq„ or by any other appropriate means, for the full amount due plus all Costs of calecilon, Including without limitation court coals and reasonable attorneys' fees. No single exeralse of the foregoing power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shaft be held by any court to be Invalld, voidable, or void; but the Power will continue undiminished. and may be exercised From time to lime as SCE may elect until ail amounts owing under this OBFAgreement have been paid In full, Modification: Any change to this 0817 Agreement must be In writing and signed by Customer and SCE; excapt that during any given month, If Customer Is unable to make full payment an the Loan Obllgatlon, payment arrangements may be made at SCE's sole dlsoretlon without modifying this OBF Agreement In writing, Any written modification cr amendment will not be effective unless and until signed by SCE or such condition Is wooed by SCE in Its sols and absolute discretion,. Tenn and Termination: It la the Partlea Intent [hat the teen of this OBF Agreement and the EMS Agreement fun ooncurrently. Therefore, the OBF Agreement shall continue In effect until the Loan Obligation Is paid In full. Asslgnment: NolvAthstanding anything to the contrary In this 08F Agreement, Customer may not assign Its rights or delogele Its duties under the Agreement, Additional Representations: Each person signing this OBF Agreement represents and warrants that he or she Is duly authorized and has the regal capacity to execute and deliver this OBF Agreement on behalf of Customer, and to perform their obligations under this OBF Agreement. Customer further represents and warrants that If It Is a legal entity, It Is In good standing In Its state offomhatlon. Mlacollanaous: Except as otherwise specifically provided herein, all (arms, provisions, covenants, repreantatons, warranties, agreements and conditions of the EMS Agreement' shall remain unchanged and In full force and effect. Should a conflict exist between this OBF Agreement, the EMS Agreement and the documents Incorporated by reference, this CBF Agreement shall control. This OBF Agreement shall be construed and Interpreted In accordance with, and shall be governed and enforced In all respects according to, Iho laws of the State of California. This 08F Agreement may be executed In one or more counterparts, each of which shall be deemed an original but all of which shall constitute one end the same Instrument. If any one or more of the provisions contained In this CBF Agreement shall for any reason be held robs Invalid, Illegal or unenforceable In any respect, then this OBF Agreement shall be construed as If such Invafld, Illegal or unenforceable tern orprovision had never been contained herein and all other provls!ons of this CSF Agreement short bo construed to remain fully valid, enforceable and binding on the parties. The Recitals sot forth above are hereby Incorporated heroin by reference. [Remainder of page Intentionally left blank] Form 14-782 0812012 25B-17 I%I'P11T%C33 NHERE0F the Parnas hwe amcured dais 03= Al reen.enl is Y the Etfertive Dale Customer: Authorized Rapresentative Title: Signature: Date: Business Address, Tsiephono No. Fax No. E -Mail Address:: RECOMME4IDED FOR APPROVAL Southern California Edison Company: Authorized Representative Title: Signature, Date: Business Address: Telephone No. Fax No E -Mail Address: ATTEST Francisco Gutierrez, Exec. DIr. Maria D. Euizar, Clerk of Council APPROVED AS TO FORM: (for purposes of sample form only; vAll need re -approval upon completion) JtfHN M. FUNK Assistant City Attorney Form 14.914 0412016 25B-18 4 SCHEDULE A Customer Name; OBF Loan Number; Wto 9ervlce AccountRepaymont Number OBF Billing BeMoaAccount Number iskmonthly OBF Loan Payment Remalntng Monthly OBF Loan Payments X -XXX. XXXX•XX X•XXX-XXXX-XX $XXXX $XXX. XpermonthfarXmonths Total Monthly Repayment $XXAX$XXX XX per month foY X months Form 14-792 0612012 25B-19 25B-20 EXHIBIT 4 REQUEST FOR PROPOSALS (RFP) FOR SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT RFP NO.: 18-069 FOR THE CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza, M-21 Santa Ana, CA 92701 John Aguilar / Christy Kindig Project Manager (714) 647-5008 Office iaguilar(a)san ta-ana.org cicindig(asanta-a na.org A ptroved for Release: KEY RFP DATES (Subject to change at discretion of City): Issue Date: Job Walk/Pre-Proposal Meeting Deadline for Requests for Information: Proposal Due Date: Projected Award Date: Project Completion Date Invoice Submittal Date Friday, August 3, 2018 Wednesday, August 8, 2018 Friday, August 10, 2018 Wednesday, August 15, 2018 at 4:00 p.m. Tuesday, September 4, 2018 Thursday, November 29, 2018 Wednesday, December 5, 2018 City of Santa Ana RFP 18-069 2'21 V a ff. Sweiss, PE, PLS xecutive Director P is Works Agency NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for this On -Bill -Financed LED Lighting Retrofit. Responses to this Request for Proposals (RFP) will be accepted until August 15, 2018 at 4:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR RFP NO. 18-069 SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: John Aguilar Public Works Agency; 20 Civic Center Plaza; 4th Floor Reception, Ross Annex Santa Ana, CA 92701 Proposals shall be mailed, hand delivered, or sent by courier service. Proposals shall NOT be sent via telegraphic, electronic or facsimile. All notifications, updates and addenda will be posted on the City's RFP Bid page at www.santa-ana.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. City of Santa Ana RFP 18-069 222 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT RFP NO.: 18-069 TABLE OF CONTENTS I. GENERAL II. PROPOSAL TERMS AND CONDITIONS III. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. PAYMENT INFORMATION PACKET H. PRE -PROPOSAL MEETING I. CITY RIGHT TO REJECT J. PROTESTS IV. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES & SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING B. SELECTION VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VII. IMPLEMENTATION A. KICK-OFF MEETING B. NOTICE TO PROCEED VIII. PUBLIC RECORDS IX. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: STANDARD AGREEMENT ATTACHMENT 3: CERTIFICATIONS ATTACHMENT 4: ADDITIONAL PROVISIONS City of Santa Ana RFP 18-069 26W23 0 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT RFP NO.: 18-069 I. GENERAL Nature of Work: The City of Santa Ana is seeking an experienced energy lighting contractor. A detailed Scope of Work is included in the Appendix of this RFP as Attachment 1. Number of Proposals and Signature: Three hard copies and one (1) digital file on labeled USB Flash Drive (or equivalent) of your proposal shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana. One (1) copy of your Fee Proposal shall be submitted. Proposal Evaluation and Rating: The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm/Team Experience 25% • Understanding of Need 20% • Relevant Project Experience 20% • Schedule 15% • References 10% • Fee 10% 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. 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 2, 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 Santa Ana RFP 18-069 25B424 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-subconsultant 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 subconsultants be offered, the Proposer shall provide the same assurances of competence for the subconsultant plus the demonstrated ability to manage and supervise the subcontracted work. Subconsultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all subconsultants in the same manner as the Proposer. 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. 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. 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 in Section IIID. 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 website, www.santa-ana.org/bids-rfos City of Santa Ana RFP 18-069 26E225 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/bids-rfos 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 "Section IIID: 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. 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. City of Santa Ana RFP 18-069 aQe-2 266 IV. SUBNIITTAL REQUIREMENTS A. GENERAL 1. Number of Conies and signature: Refer to Section I: General. 2. 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) DOUBLE -SIDED 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 2, in the Appendix of this RFP. c. Firm and Team Exnerience: 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. d. Understanding of Need: 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. e. Relevant Proiect Experience: Proposal shall include a list of projects which your firm or personnel have completed within the last 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. Proposer shall also provide a summary of the last 15 relevant projects that identifies the municipality that the work was performed for, time period work was performed, and hauler recommended by proposer. f. Schedule: Proposal shall include a detailed schedule, with a written statement which provides information on current workload and how this project would be accommodated. City of Santa Ana RFP 18-069 29'27 g. References: Proposal shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years h. Fee: Fees shall be included as part of evaluation criteria. Refer to "I. GENERAL", and IV. SUBMITTAL REQUIREMENTS, B.3 FEE PROPOSAL, below. (this item not part ofpage limit) 2. SCOPE OF SERVICES & SCHEDULE Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work, detailed in Attachment 1, which is included in the Appendix of this RFP. 3. FEE PROPOSAL: Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the 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 "I. GENERAL". 4. CERTIFICATIONS: The following forms, included in Attachment 3 in the Appendix of this RFP shall be signed and included as part of the proposal submittal package: • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING Refer to Section I, General. 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 City of Santa Ana RFP 18-069 20513-28 2 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 2, 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 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 of Santa Ana RFP 18-069 2SES29 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT RFP NO.: 18-069 Lighting Contractor Scope of Work City of Santa Ana — Police Department The Energy Network Project ID: A38CLT11 Provided by: TRC Energy Services Scope of Work Developed by: John Rossi, PE July 23`d, 2018 25B-30 A Project Supported by The Energy Network The Energy Network, administered by Los Angeles County, was authorized by the California Public Utilities Commission to help eligible public agencies in Southern California harness their collective action, save energy, reduce operating costs and protect precious resources. To expand public agency participation in utility energy efficiency programs, The Energy Network is offering a range of free energy efficiency services to assist public agencies with accelerating energy retrofits. The lighting retrofit of the City of Santa Ana Police Department is being supported by The Energy Network. The services provided as Construction Management Support are defined on a separate documented titled Roles and Responsibilities for Construction Management Support. Please refer to this document to better understand the relationship and role of The Energy Network Project Manager and assigned Energy Consultant. Participation of The Energy Network is entirely at the discretion of the City of Santa Ana and The Energy Network may modify or terminate its services based on funding availability. 25B-31 Summary of Scope of Work Background The City of Santa Ana is pursuing a number of lighting retrofits at several of their facilities. This documeAt focuses on the proposed lighting fixture and controls scope of work for the Police Department Administration Building. The Police Department Administration is a large Office 188,136 square foot facility that is city owned and operated. The facility has a 24/1 operating profile with variable occupancy depending on the space, creating an opportunity for significant energy savings. In addition to the interior lighting upgrade, exterior shoe box fixture replacements are included in this scope. Detailed area by area fixture counts are provided in the following: • Appendix A: Police Department Lighting Inventory Santa Ana Police Department The following items and requirements should be clearly listed in any provided contractor bid: MANDATORYSCOPE-LED Fixtures and Controls Product Requirements All LED products and controls used in this project shall meet the following requirements: a) Please refer to Appendix A below for an area by area breakdown of lighting equipment. Contractor is responsible for verifying all Appendix A information before ordering or installing equipment. b) All LED fixtures shall be found on the current DLC qualified product list. All LED lamps shall be found on the Energy Star product list. c) All interior retrofit spaces will be fully Title 24 lighting power density (LPD) and controls compliant. Including but not limited to, occupancy sensors, daylight harvesting, and tuning controls. The lighting controls for the mandatory scope shall be stand alone. d) Interior LED Fixtures shall have correlated color temperatures (CCT) of 3000K to 4000K and attempt to match existing scheme. LED Lamps shall be handled in the same way. e) All fixture replacements (and retrofit kit applications) will be like for like. With the following exceptions, the indirect pendant (primarily in open office space) fixtures and indirect/direct pendant fixtures will be replaced with pendant direct fixtures. f) This lighting upgrade is primarily a 1 for 1 replacement. However, the contractor is responsible for ensuring final layouts, configuration, and lighting performance meets the city's needs. g) All proposed fixtures shall be capable of dimming with a 0-10V signal. 25B-32 h) Fixture integrated smart sensors are to be used where ever possible and reasonable. If an integrated sensor is not feasible, a zone based sensor/control may be utilized. Battery powered zone controls are not acceptable, power must be hardwired. i) Sensors shall be capable of detecting small hand motions, such as writing at a desk or wiping a surface, and sensors shall be able to cover the entire area at each location described herein. j) Any sensing technology that may cause auditory discomfort for occupants with or without hearing aides or for guide dogs will not be accepted. k) Photosensors shall be fully functional between the range of 2 and 200 foot-candles. 1) Existing lighting zone controls will be replaced (or removed) as needed with new and will not be abandoned in place. This includes existing occupancy sensors, wall switches/dimmers, and any existing photo -controls. m) Exterior LED Fixtures shall have correlated color temperatures (CCT) of 4000K. n) All products shall be specified such that they can operate correctly based on the applicable circuit service voltages and with applicable mounting requirements. o) Exterior fixtures shall have ingress protection (IP) ratings of 65 or better. p) Exterior fixtures shall come equipped with automatic bi-level, integrated occupancy sensors. ADD ALTERNATE SCOPE —Wireless Advanced Lighting Controls System The responding contractor is to provide a separate cost, which is in addition to mandatory lighting fixture replacement and controls project, for the installation of a brand new wireless advanced lighting controls system (ALCS). The ALCS shall meet the following requirements: a) Title 24 controls compliance to be accomplished with a new, wireless, advanced lighting controls system (ALCS). The ALCS will be comprised of several different zone and fixture integrated sensors, which feed data wirelessly via gateways to a central lighting management system. The integrated smart sensors and zone sensors will be able to detect changes in occupancy and ambient lighting, and relay information to the central system and/or smart wall switch. Smart wireless wall switches can communicate directly with fixtures to perform a number of local controls. The ALCS will also include a graphical front end that can either be hosted locally or on the Cloud (Santa Ana discretion). It will allow for a variety of system wide, zone or fixture specific controls and reporting capabilities. 25B-33 b) The contractor shall supply all adapters, controllers, gateways, routers, smart light switches and any other part of the lighting controls infrastructure, new and free from defects. c) The new ALCS will be BACnet enabled. The awarded contractor will be tasked with working with Santa Ana IT to ensure all necessary permissions and server access are obtained. d) The existing Lithonia Lighting controls system shall be demolished. The current system is effectively acting only as a time -clock. e) The contractor shall fully commission the ALCS and provide staff training. f) Wireless controls signals shall adhere to 802.15.4 wireless protocol with AES -128 encryption, or equivalent network security. g) Maximum time delay adjustment shall be 30 minutes. h) Sensors shall be capable of continuously dim fixtures and allow for user defined light level tuning in the EMS. i) The system will have the ability to program the on/off schedules for each lighting area. General Requirements The following should be clearly stated in and/or provided with all bids: a) Contractor shall provide copies of a valid California C-10 Electrical license at a minimum. b) Prevailing wage labor costs to be used for project implementation. c) All scheduling of work shall be done through the City's project contact. d) Contractor shall commit to project construction completion and delivery by November 29th, 2018. Project invoices must be provided to City Project Managers by December 5, 2018 at 3:00 pm at City Hall, in the form attached as . Any work not completed by that date, is not guaranteed to receive payment, any exception to this completion date must be in writing and can only be provided by Santa Ana city staff. e) All work performed shall meet or exceed any applicable electrical code requirements, including the installation of emergency powered fixtures in applicable areas. 25B-34 f) Equipment and materials specified by contractors shall conform to the standards of UL, ASTM, NEMA, ANSI, and ETL. Base materials shall be ASTM and/or ANSI standards. Electrical manufactured apparatus furnished under this section shall conform to National Electrical Manufacturer's Association (NEMA) standards and shall bear the Underwriters' Laboratories (UL) or Electrical Testing Laboratory (ETL) label where such a label is applicable. g) Contractor to provide project references for recently completed lighting upgrades which included lighting fixture replacement/retrofit and lighting controls. h) The chosen contractor will be required to register with Southern California Edison as a Trade Professional (Trade Pro). Directions to register can be found at: https://sceonlineapn.com/CAASunport/Default.aspx. Please note that contractor will NOT be required to produce a Project Feasibility Study or Energy Efficiency Project Influence Job Aid. i) Any existing electrical code violations relevant to systems being retrofitted shall be brought to the attention of the City once discovered. j) Clean-up, removal of old equipment, and/or recycling fees are to be included. k) Contractor must meet appropriate insurance and bond requirements outlined by the City. 1) Any other cost of business fees/expenses associated with performing City work are to be included in the bid. m) Provide factory start up, commissioning, and training (primarily focused on ALCS) to ensure proper functionality of new lighting equipment and controls. n) All work shall be warranted against defects in material and workmanship for a period of one year from the date of acceptance. Any applicable warranty information beyond this should be stated and provided upfront. o) The contractor is required to provide a detailed and itemized invoice that clearly states the quantity of each fixture installed. Additionally, the invoice shall show a breakdown of material, labor, tax, shipping, and any other applicable project costs. p) It is the Contractor's responsibility to submit a final version of the Lighting Inventory, Attachment A in parallel with the submittal of the Cost Proposal. Any revisions required to the Scope of Work must be clearly indicated in the final Lighting Inventory and reflected in the Cost Proposal. The final Lighting Inventory Table serves to inform the Agency. 25B-35 q) Contractor will be compensated for work performed and fixtures installed prior to December 2151, 2018 deadline. Additionally, any increase on the Base Price due to larger inventory will require written approval by the Agency and will follow procedures set forth for change orders. Any decrease on Base Price due to smaller inventory will result in a lower Base Price to the Contractor. r) The Contractor shall conduct all work between in the time window established after the contract is awarded. s) The Contractor shall comply with safety requirements and practices as outlined in accordance with Agency requirements and California Occupational Health and Safety Administration (Cal/OSHA). t) The Contractor shall do all that is necessary to maintain a safe working environment for Contractor's employees, Agency and facility employees and the general public present. u) The Contractor shall work with the Agency facility staff to understand and abide by any site- specific security procedures. v) The Contractor shall clean up any construction dust, dirt and debris from work surfaces or equipment after work is completed each day and prior to occupancy. w) The Contractor shall be very careful to leave the facility with no damage to its structure, contents, existing finishes, and with no evidence of cutting or patching, and with all fixtures and lenses cleaned. x) The Contractor is responsible for securing all necessary permits, including Title 24 energy code documentation and compliance permit, and shall abide by local laws and regulations. y) Prior to ordering of equipment and fixtures, Contractor is to verify fixture quantities, types and installation needs, including specifying equipment that complies with existing electrical service. Final project invoice price will be based upon the quantity of each fixture type installed multiplied by the unit price for that fixture. 25B-36 SCE Sample Invoice - Customized Solutions Vendor Name &Address Customer Name &Address Itehrvzedbslof egoipmentNlrh OUanbly,Model, Make, Teal Desailkon & UnilPdce me......muu...... w................................................................l MpodmlNotes: • IfCustomer isnot Payee (rebate isdirectedtoVendor orother 3rd Pary): Payment Release Authorization in Section 8 of applcalionmust be completed & contain Cudomefssignature. • Mutiofe=cunMnstallationlaeelians: Adaci Ne Mm'6pleAanw.rSpimdsheer avalable for download oo-bne at www.sco.mmlousihesslems'appdoxnloadbbn ..................................................».......................................: 25B-37 Ipurchase Dale Indicate Basecase (Old Equipment) (or attach on separate sheet) If Vendor is RebalePsyee, Tatal Rebate Amount deducedhem salesprue 1 Marked Nd or Jf contain Tens Joe Smith Comiumy 123 East Main Street, Anylown, CA 90000 Tel: 123.456.7898 Fax: 123.456.7899 Sold To: Invoice: Name Nmtage Swplu cmia Date. 2'1910 Address: 4561Vesihimnsom Invoice dl: 12345 CitylSlate2p: An3vbesq CA99999 Conal 4ebn Bmnm wadd• "doDesercon Ore Cast Toss]20 RP:19876 Gmeral Inc. 8'4 -tamp TS Int High Bay Futmes(21611� U.00 4,OW.00 80 1`503111 General Inc T5 lamps for High Bal FNums(541V) 10.00 SW.00 HO'ALTO 20 RJA-2354 Cseneml Inc. Units for High Bay IdAw 40.00 =00 5 Q345 -BB -1 General Inc. 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Public Contractor=, P Appendix ATTACHMENT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of , 201_ by and between 'a [insert type of business: sole ownership entity, LLP, etc], (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of energy efficiency lighting 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 consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION This project is funded by Southern California Edison (SCE) cash incentives and On Bill Financing. By submitting a bid, the bidder agrees, if awarded the contract, to finance the cost of the project and to be paid directly by SCE. If the final cost of the project exceeds the total of SCE payments, the City shall pay the difference to the awarded contractor. 3. TERM This Agreement shall commence on the date first written above and terminate on 201X, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent 25B-49 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. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by 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. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 25B-50 d. If Consultant is or employs a licensed 'professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to Punish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to 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 contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 25B-51 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. «;9 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. 10. 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 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. IL CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council 25B-52 City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: , Exec. Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-XXXX To Consultant: , City Attorney City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. 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 25B-53 personnel or by other consultants retained by City. 15. 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. 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, 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 employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of Califomia. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, 25B-54 and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Name of Attorney Assistant City Attorney RECOMMENDED FOR APPROVAL: Name Executive Director — (Agency) CITY OF SANTA ANA Raul Godinez II City Manager CONSULTANT: (name) (title) Tax ID# 25B-55 EXHIBIT A SCOPE OF SERVICES 25B-56 EXHIBIT B FEE PROPOSAL, including hourly rates 25B-57 EXHIBIT C CERTIFICATIONS 25B-58 APPENDIX ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT RFP NO.: 18-069 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal 25B-59 APPENDIX ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT RFP NO.: 18-069 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date 25B-60 APPENDIX ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT RFP NO.: 18-069 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the 25B-61 administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: 25B-62 EXHIBIT D ADDITIONAL PROVISIONS 25B-63 25B-64 EXHIBIT 5 AGREEMENT FOR ENERGY LIGHTING RETROFIT OF THE CITY OF SANTA ANA POLICE DEPARTMENT THIS AGREEMENT is made and entered into this 4th day of September, 2018 by and between MarketingPower, Inc. dba Energy Retrofit Co. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On August 3, 2018, the City issued Request for Proposal No. 18-069, by which it sought a contractor to provide and install advanced energy-efficient lighting fixtures and controls at the City of Santa Ana Police Department Administration Building. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-069. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the services that were described in the scope of work that was included in RFP No. 18-069 and as more specifically delineated in Contractor's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $656,847. This sum is comprised of (1) the Contractor's estimated project cost of $632,328, and (2) an approximate 4% contingency in the amount of $24,519 for additional services at the City's sole discretion. b. Contractor agrees to accept full payment for all services under this Agreement exclusively through the (1) "On -Bill Financing" Program and (2) Energy Management Solutions Incentive that have been separately established and approved between the City and Southern California Edison. The payment Page t of 8 25B-65 obligations established through these means are intended to and shall survive expiration of this Agreement. 3. TERM This Agreement shall commence on the date first written above and terminate on December 28, 2018, unless terminated earlier in accordance with Section 17, provided, however, that Contractor shall complete the project in its entirety on or before November 29, 2018. All project invoices must be provided to City Project Managers by December 5, 2018 at 3:00 p.m. Any work completed after November 29, 2018 shall not be guaranteed to receive payment. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRATOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Page 2 of 8 25B-66 Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7 INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Page 3 of 8 25B-67 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor 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 Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recldessness, or willful misconduct of Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, Page 4 of 8 representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 5 of 8 25B-69 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Contractor: Energy Retrofit Co. 27363 Via Industria Temecula, CA 92590 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without Page 6 of 8 25B-70 the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. ITWIMIRIAMM", 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. EfI�IMJ.It'z 10,14 Y to)0 This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, 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 employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JMSDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page? of S 25B-71 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Ni J6J& M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONTRACTOR Name: Title: RECOMMENDED FOR APPROVAL David Valentin Chief of Police Santa Ana Police Department Page 8 of 8 25B-72 Exhibit A O1 1 � l Awi ENERGY 25B-73 RETROFFT CO. -- - i.kWh Table of Contents I. Cover Letter and Comganv Overview.................................................................................2 II. Important Company Facts...................................................................................................3 Ili. Agreement Statement ..........................................................................................................3 IV. Understanding of Need........................................................................................................3 V. Profile of Services (Firm and Team Experience)...............................................................4 A. Audit Services.................................................................................................................................4 Ray Walker, Senior Project Manager— Southern California...........................................................9 B. Lighting Design...............................................................................................................................5 Safety..................:.................................................................................................................9 C. Installation.......................................................................................................................................6 D. Management of Utility incentives....................................................................................................7 Error. Bookmark not defined.0 E. System Maintenance......................................................................................................................7 XI. VI. Key Executives & Technical Staff.......................................................................................8 A. Chris Kirchwehm, President............................................................................................................8 B. Erica Inderwick, Senior Vice President...........................................................................................8 C. Matt Kirchwehm, Operations & Sales Support................................................................................8 D. Craig Kilby, VP of Sales, Business Development...........................................................................8 E. Ben Van Etten, Senior Project Manager— Northern California.......................................................9 F. Ray Walker, Senior Project Manager— Southern California...........................................................9 VII: Safety..................:.................................................................................................................9 VIII. Awards .................................................................................,......................................9 IX. Relevant Project Experience ................................................. Error. Bookmark not defined.0 X. Project Case Studies........................................................................................................111 XI. Schedule ...........................................................................................................................115 XII. References........................................................................................................................115 �ENERCGY RETROF9T Co. 25B-74 I. Cover Letter and Company Overview Attached you will find our bid and submittal package for your RFP No. 18-069 Santa Ana Police Department Energy Lighting Retrofit project. Since 2008, Energy Retrofit Co ('ERG") has provided design, engineering, construction, and maintenance of lighting systems for commercial, institutional, industrial, municipal, agricultural, health care, educational, and food and beverage processing facilities. ERC is a member of the DLC Energy Consortium and US Green Building Counsel and is a licensed California Electrical and General contractor. We are also California Title 24 Acceptance Testing Certified. We take pride in our reputation for providing quality work and service. We have installed projects for over 10,000 different customers throughout the state of California. Our highly trained and skilled staff operates as a team: from job -dedicated Project Managers, Estimators, and construction crews, to Certified Energy Managers, LEED Professionals, Title 24 Certified Inspectors. Our technicians are company employees, not subcontractors — assuring that you will receive the very highest level of quality and control on yourjob. We are driven to provide our customers with lighting solutions that optimize energy savings at the very lowest possible cost. Our business philosophy promotes quality, honesty, value and teamwork. We create a proven team approach throughout the design and construction process on every project. Our experience has demonstrated that this process increases communication and improves productivity and quality of construction, while saving our customers both time and money. ERC prides itself on the numerous awards that it has received from California's top utility companies, and we are proud of our top-rated safety program, and our industry-leading sustainability initiatives. Selecting a qualified lighting services contractor is an important decision for any customer, since the project they produce will be in service for years to come. As you evaluate potential contractors, you may begin to think that all firms are the same. We are confident that if you look closely you will conclude that ERC is the most qualified, while also offering the very best pricing in the industry. Sincerely, 9_/� Chris Kirchwehm President Marketing Power Inc dba Energy Retrofit Co. Business Entity: S Corp ENERGY REfROFFT CO. 25B-75 II. Important Company Facts Legal Name & Address Marketing Power Inc. dba Energy Retrofit Cc (ERC) 27363 Via Industria Temecula, CA 92592 Contractor Licensing California — Class C10 (Electrical) and Class B (General) License 0924719, Expiration 2019 Insurance Coverage Umbrella Liability Umbrella Liability General Liability General Liability Workers Compensation Automobile Liability Bonding Ability Individual Project Total Bonding Capacity $5,000,000 (Each Occurrence) $5,000,000 (Aggregate) $1,000,000 (Each Occurrence) $2,000,000 (Aggregate) $1,000,000 $1,000,000 $25,000,000 $100,000,000 Certifications California Certified Lighting Acceptance Technician — TC•A813924 TEED AP ID&C Small Business ELBE / SLBE — Supplier No. 1792774 Lighting Design AGI32 Experienced Southern California Edison — Midstream Supplier Approved, Registered Trade Professional Pacific Gas & Electric — Midstream Supplier Approved, Registered Trade Professional San Diego Gas & Electric - Registered Trade Professional III. Agreement Statement We concur with all provisions as contained in the standard agreement attached. IV. Understanding of Need See attached Scope of Work Letter in Exhibit A 0EtvErzGv RErrzorri Co. see r.' 5-1 f '. 25B-76 V. Profile of Services — Firm and Team Experience Most facilities have lighting systems that were installed based predominately on °lowest upfront costs° versus °life -cycle costs," While this might help make a building less expensive to build, these systems are generally very Inefficient and expensive to operate. Over time, many facilities have upgraded their lighting systems to newer, more efficient systems that, at one time, featured the latest and greatest fluorescent lighting technology. These systems offered energy saving Improvements over the old system, but they still had a relatively short rated life and required expensive maintenance. The great news Is that lighting technology has advanced rapidly In the past few years. New solid-state LED lighting, together with innovative sensors and controls, make for a no-bralner improvement at almost every facility. Dramatic product price drops combined with extreme advances In industry technology allow most facilities to find a lighting solution that actually pays for itself. The economics of a new LED lighting solution has reached the peintwhere waiting for further advancements actually decreases the potential lifetime savings. The biggest challenge for most customers is navigating all of the possible solutions to find the best lighting system for their facility. Making an incorrect decision can lead to sacrificed light levels or low -quality lights that were cheap to purchase, but expensive to maintain in the long run, With over 10,000 projects under our belt, we know lighting —thats all we do, Our award-winning team can analyze your facility and,prepare a proposal that will give you a state-of-the-art lighting system that is designed for maximized energy savings, the absolute longest life, and Improved lighting levels for your facility. Our step- by-step process for reaching this goal is described below. A. Audit Services The service we provide frequenfly begins with an energy audit of the facility. This service Includes the following: • One of our experienced Ilghting auditors visits the site and conducts a physical inspection of the facility. The accuracy and completeness of the Information collected during this phase Is crucial to assist our design team In developing accurate energy calculations and scope of work. • The facility type and utility program may determine specific auditing guidelines, but in most cases the following information Is collected during the audit phase: o Itemized counts of all existing fixture types and wattages o Pictures of each fixture and lamp types for existing fixtures o Equipment requirements for safe installation (ladders, lifts, etc.) o Electrical company, current kWh rate, and demand charges o Existing lighting controls, dimming, and emergency backup systems o Current and projected operating hours for each area to be upgraded o Any additional pertinent Information noticed during the audit — this may vary from building to building • Finally, our auditors will consult with representatives from the facility to determine the clients goals and expectations. We will educate the client on diverse options and capabilities of the latest in LED Lighting technology, Y4 FNERGr Rr-rRciMT M 25B-77 B. Lighting Design Our company offers lighting design services for every project. This step of the process is critical and features the following: • Our design team will thoroughly review the information collected by our auditor so that we can better understand the existing lighting system. • Upon review, we will prepare a proposal to provide the client with a detailed financial analysis and our recommended LED lighting & controls to be installed. Our team will design one or more options based on the following general guidelines and/or goals for each facility; o Match or improve current light quality and output o Specify LED retrofit kits where possible and new LED fixtures when retrofit kits are not the desired option. o If operating hours are extremely low, or the fixture cannot economically be replaced with a new fixture or retrofit kit, we will typically specify 'Type A" TLED lamps with new ballasts. Our process includes design of the proper lighting controls technology. This step is frequently overlooked by many competitors, but it has been shown that when properly designed and installed, lighting controls can reduce buildings' energy use by an additional 24-38%. Our process Includes the use of occupancy, daylight, and dimming controls when appropriate. We have our own in-house CALTCP certified Acceptance Technician to ensure that the system complies with state or local energy codes. If a customer has specific illumination standards that must be met, we have in-house ability to design a system based upon accurate photometric predictions for light levels. o ERC's certified lighting designer utilizes AGI32 Lighting Software, the industry standard for accurately calculating both interior and exterior light levels. o The customer's existing lighting fixture schedule along with CAD drawings are collected, and the information is then input into the AGI32 software. The software M allows our designer to simulate the new Illumination levels with the proposed LED fixture. Our designer can then select the appropriate LED fixture that produces the Customers required foot candle measurements. • Value Engineering is a key component of our process. We believe there is always great opportunity in the LED lighting to identify materials and construction techniques to reduce project cost without compromising the quality, aesthetics, or reliability of the new LED system. Our design team works ENERGY RETROFIT CO. 25B-78 closely with purchasing to ensure we are recommending the most efficient LED lighting technology from proven suppliers. Prior to completion, our design team will review the final proposal to ensure that the following details have been clearly articulated; o Total project cost for a °tum -key' LED upgrade. o Utility company rebates and Incentive amount where applicable. o Existing and New fixtures wattages, and annual energy costs. o Annual energy 8 maintenance savings calculations for each individual fixture type and fixture location throughout the facility. o Return on investment (R01), as an annual return on capital invested. o Lighting Service Agreement (LSA) payment and cashfiow calculations. • A meeting will be scheduled to review the final proposal (s), and adjustments can be made to complete the client's project requirements and objectives. C. Installation We always offer a turnkey installation process with every project. With over 10,000 projects installed to date, we know how to safely install a project in every type of setting. Our goal is always to install the project without the customer ever knowing we were even there. Our process for installation includes the following: o Pre -Installation Process • Upon receipt of the Notice to Proceed from the customer, we will hold a planning meeting to ensure that the project is set up for success right from the start. This planning meeting will include final notes from the audit, information gathered from the customer, for example — best time to perform work, where materials can be stored, building priority, rules for working at the facility, etc. • The fixtures will be ordered, and our plan will be clearly communicated to the site contact. We will send several emails detailing when the fixtures are expected, when we plan to install, where we will be starting, etc. o Installation Process • Our technicians will work In teams of two to four per team. Each team will make sure that all fixtures and sensors are operational prior to leaving the room. Our technicians are company employees, and not subcontractors. • The work will be performed during off -shift hours at whatever time is best for the customer. • The crew will clean as they go and it will be their plan to leave each room without evidence of having been in the space. They are detailed and thorough in their cleaning of the space prior to moving on to the next rooms. • The Interior areas will all be completed before starting the Exterior fixtures. o Post- Installation • After the installation has been completed, we will ask the customer to conduct a post installation verification walk with the lead supervisor. During this time, both the customer and ERC representative can identify whether or not a punch list is required and/or if the project can be signed off as complete. If a punch list is required, our team will work diligently to complete these action items and report back to the customer once they have been wrapped up. ENERGY RE-rROFlT Co - 25B -79 • After all punch work is complete, our Supervisor will provide a detailed hands-on Training Session for the customer so that everyone understands how the system works, and how to modify settings on the Sensor Controls, • Our Supervisor will also leave behind copies of warranty and installation Instructions for each of the different fixtures and sensors that have been Installed on the project D. Management of Utility Incentives ERC Is a registered Trade Professional with each of California's Utility companies and has dedicated personnel on staff to manage the various utility rebate and incentive programs that are available throughout the slate. ERC Is familiar with such programs and the rules and requirements for each —this is critical as these program rules are constantly changing and can dramatically affect the rebate that is obtained (or lost) for a given project. Our team will work closely with the utility company to review all product details, such as verifying that all products comply with the appropriate qualifying list (DLC, Energy Star, POL, etc.) for the rebate program in the area. We will also ensure the rebate paperwork is collected and filled out properly and that submittals are made In a timely manner. In addition to the local rebate and Incentive programs, ERC has a dedicated staff that is available for On -Bill Financing processing. This includes, but is not limited to, completing the OBF applications and OBF supplemental worksheets, having knowledge of customer eligibility, understanding loan limits and terms, and most importantly— knowing how to navigate the utility company process for these OBF loans. ERC is the recognized leader in California for knowledge of rebates, incentives, and OBF loans. This knowledge is critical as it can lead to 'found money' for projects, where no rebate was thought to exist Equally important, the expertise is critical to ensuring that every customer receives the full rebate that is available for a lighting project being planned. E. System Maintenance We provide warranty service for every project we install, and our team Is always ready to provide this service should a client find that a fixture has failed. We typically provide 46 -hour service for these warranty Issues. We can also provide a quote for a plan that features an extended warranty for any customer that prefers to never have to worry about lighting maintenance in the future. This approach allows the customer to focus on the more pressing areas of their business, while we ensure their lights are always working. ENERGY REmoFri Co. `�'cfin.y. awry v,mrr VI. Key Executives & Technical Staff A. Chris Kirchwehm, President Bachelor of Arts, UC Irvine American Lighting — VP Sales & Marketing 2003-2008 Energy Retrofit Co. 2008 -Present o President and Principal o Oversees all aspects of sales and operations o Responsible for lighting retrofit projects in excess of $30M o Intimate knowledge of CPUC guidelines for energy projects and all CA incentive programs o Actively maintains relationships with wide variety of manufacturers for CA utility qualified LED products o Maintains product standards for ERC in compliance with Title 24, DLC, Lighting Facts and Energy Star requirements B. Erica Inderwick, Senior Vice President Bachelor of Science, Azusa Pacific American Lighting —VP Operations 2001-2015 Energy Retrofit Co. 2015 -Present o Senior Vice President o Responsible for complying with all utility program requirements o Ensure compliance with all safety and installation requirements o Provide customer interface forjob scheduling, warranty issues and general customer satisfaction o Maintains a clear understanding of prevailing wage requirements in accordance with 2015 CA DIR standards o . Manage rebate process and ensure highest possible rebate is obtained C. Matt Kirchwehm, Operations & Sales Support • MBA, University of Phoenix • Bachelor of Arts, Business, UCSD • CoStar Commercial Real Estate • Energy Retrofit Co. 2008 -Present o Operations & Sales Support o LEED Green Associate o Title 24 Certified ATT o Works with suppliers and customers to ensure all technical requirements are met D. Craig Kilby, VP of Sales, Business Development • Bachelor of Science, Electrical Engineering —Virginia Tech • 25 Years Sales & Management Experience —10 Years In F1000 Companies • Energy Retrofit Co. • Manage Sales Team of 12-15 Outside Sales Reps • Intimate knowledge of Lighting Applications & Custom Solution Development • Responsible for Sales Enablement, Training, and Sales Processes o Manage eCommeroe Operation ErvERry RE-rR®Frr 00. 25B-81 2011 -Present E. Ben Van Etten, Senior Project Manager— Northern California American Lighting, VP Operations 2001-2008 o Responsible for all crews and all large projects City of Bakersfield, Lead Electrical Tech 2009.2017 o Led effort to install 15,000 City Street Lights Energy Retrofit Co. 2017 -Present o Certified Journeyman Electrician o Leads & supervise large scale projects with focus on Schools & Government jobs o Extremely familiar with all aspects of electrical wiring and electrical code requirements o Extensive experience with Public Works and Government code projects F. Ray Walker, Senior Project Manager - Southem California Energy Retrofit Co. 2008 -Present o Certified Journeyman Electrician o Leads and supervises large scale projects o Extremely familiar with all aspects of electrical wiring and electrical code requirements o Extensive experience working on public works projects specifically 02 and higher education facilities Including DSA Inspeotions o Familiar with all types of lighting applications VII. Safety ERC's staff are fully trained In all aspects of safety principles. The company has Implemented an Injury Illness Prevention Pian (IIPP) concerning daily work activities and potential hazards for all company employees. The corporate IIPP manual provides all employees with detailed descriptions of typical scopes of work, instructions to safety carry out each task associated with Individual work assignments, and preventive measures necessary to complete the.work assignments In a productive and safe manner. Safety for Its employees is one of ERC's core concerns. With a comprehensive and detailed safety plan (IIPP), job -site safety meetings, a policy of rewarding employees for continued safety training and our requirement that all core foremen receive 30 hours of OSHA training, ERC's safety policies are realized from the top down, ERC Is proud of its current EMR rate of ,76. VIII. Awards The company has a long and proud history of success in California. ERC has received numerous awards from California's top Utility Companies. A partial list of these awards includes the following: • Southern California Edison: o IN Place — Highest kWh and kW Energy Saving's Contractor o Greatest Number of Controls Installed • Pacific Gas & Electric: o Top Performer— Total kW & kWh Savings —Area 2 o Top Performer— Total kW & kWh Savings — Large Commercial Office o Top Performer— Total kW & kWh Savings— Fabrication o Outstanding Achievement— Total kW & kWh Savings — Overall PGE Territory o Outstanding Achievement—Total kW & kWh Savings—Areas 1, 5, & 6 o Outstanding Achievement— Total kW & kWh Savings — Fabrication +'ENER13Y RE.TROFFT Gp. 25B-82 IX. Relevant Project Experience AUTO DEALERSHIPS COMMERCIAL & INDUSTRIAL SCHOOLS & COLLEGES Commonwealth Audi Canon USA Poway USD Mercedes of San Diego General Atomics San Lorenzo USD Lexus Escondido Under Armour San Bruno USD Kearney Mesa Acura FedEx Rialto USD Newport Beach Lexus CBRE Pajaro USD Penske Auto Irvine Company Jones Lang LaSalle Robert Half Intemational Orangewood Elementary Edison Middle School Calvin Christian School GOVERNMENT & MUNICIPAL-' California Highway Patrol Buena Park Ubrary Lockheed Martin St Joseph High School Anaheim Convention Center Trane Corporation Escondido Christian City of Temecula Sierra Pacific Properties Frito-Lay Penske Automotive Marin County High School Foothills Christian High School Saint Joseph Academy HOSPITALITY & RETAIL Hyatt Aventine Oakland Airport Hilton Trader Joe's Christ Lutheran Elementary Palm Springs Marriott Pell Development Dover Elementary Sacramento Double Tree by Hilton Electrolux Sierra Charter Wyndham—Irvine Goodyear Richland USD Hilton Arden West General Mills Bishop O'Dowd High School Ba air Center Mall Hitachi Sutter Home Quaker Oats River Delta USD Bellermine College Prep Coleman University HOSPITALS & HEALTHCARE ' Scripps Health Sharp Community Medical Group Del Monte Santa Sophia School Abbott Laboratories Hitachi San Bruno USD Dr Leads Dentistry ING Pottery Barn San Diego Zoo Cottonwood Charter Coast USD River Della USD 'OTHER - .' :.. " Solana Beach Presbyterian Sunbelt Parking Lot North San Diego Association of Durham USD West Pointe Shopping Mall Realtors KIPP College Prep River View Sperry Commercial Santa Rosa Junior College Winepress Wilsons Creek Winery UCSF Neurosciences Institute Ralnin Instrumental Nanosys Inc. Oak Manor Elementary Rabobank Hunter Industries Laney College Fitness Evolution Atlantic Power Corp Antelope Valley School District World Gym Paperwork Industries University of Phoenix Storage West American Sports Center Del Mar Pines �t D ENF-Roy RErROFrr Ca. And Many Others....... 25B-83 10 X. Project Case Studies Poway Unified School District 3776 Annual Energy Savings PROJECT DESCRIPTION This project was installed for the Poway Unified School District in Poway, California from 2014 - 2016. ERC worked as a subcontractor for Bamham Construction and together the companies won a bid RFP that was valued at $1.5M. The project featured funding from California Prop 39, as well as significant rebates from SDG&E. SCOPE OF WORK Project Images ✓ Designed and installed new LED lighting for two elementary and two high schools in the PUSD. ✓ The retrofit solution included the replacement of all HID and Fluorescent technology with LED. ✓ CREE LED troffer fixtures, CREE Bi -Level wall packs, LED Can retrofit kits, LED Type.A Tubes with new ballasts, and CREE Area Lights. ✓ Installation of low voltage 0-10V dimming controls in all classrooms and offices. ✓ Overall reduction of 37% in energy use. ✓ Overall project cost= $1.6M. PROJECT CHALLENGES & SOLUTIONS ✓ The District stated it was important that the new dimming controls technology be easy to use by the school room teachers and the school staff. ✓ Our Team designed a Lighting Controls Solution that included occupancy sensors, controls, and dimming technology that were easy to use by the staff. ERC offered a commissioning process which featured both training for the staff as well as system setup in each room. ✓ Low Voltage 0-10V dimming controls were designed to ensure that dimming circuit #1 controlled the two fixtures directly in front of the classroom projector screen, whereas the balance of the fixtures in the classroom were controlled by dimming circuit #2. E@dERGY REfROFFT Ca 11 UTC Aerospace 55% Annual Energy Savings PROJECT DESCRIPTION UTC Aerospace awarded a design -build contract to install new LED lighting to improve safely in the °high traffic° areas surrounding the exterior areas on their 18 -acre Riverside campus. Because of the dramatic improvement in exterior lighting, UTC management requested that ERC perform additional upgrades in critical interior work environments, including the Airbus airplanes assembly building. Pro)ect Images SCOPE OF WORK ✓ Designed & installed new LED lighting throughout the campus. ✓ The retrofit exterior solution included the replacement of all High -Pressure Sodium lighting with LED ✓ Lighting design software (AGI32) was used to ensure that new lighting would be significantly improved in all areas ✓ New LED High Bay Mures were installed to replace T5 Fluorescent in the Airbus assembly building ✓ Overall reduction of 55% in energy use. ✓ Total project cost = $550,000 (additional work ongoing) PROJECT CHALLENGES & SOLUTIONS ✓ The outdated High -Pressure Sodium lighting offered poor light quality and coverage. UTC management had deemed the roadways on the property to be unsafe for employees. • New LED Area lights, Flood lights, and Wall packs were installed throughout the campus dramatically improving light output and coverage, improving overall visibility and safely. ✓ Our Team designed a High Bay LED solution for the Airbus assembly area to both improve light levels and incorporate 0-10V dimming technology to allow the assembly technicians to dim the lighting during a process that requires the use of lasers to guide them when assembling critical components of the aircraft. ENERGY RETROF r CU 25B-85 12 Aromas - San Juan Schools 65% Energy Reduction PROJECT DESCRIPTION The Aromas / San Juan Unified School District posted a competitive -bid, Request For Proposal for a lighting upgrade project to be performed at schools in their district. The bids were reviewed by the District and the contract was awarded to ERC. The project was completed ahead of schedule, under budget, and with no change orders. The project featured rebates that were managed by ERC, and Prop 39 funding as well. Project Images SCOPE OF WORK ✓ The project featured over 1300 new LED fixtures for the interior areas of two schools. ✓ The project also featured extensive use of motion controls for all the lights on the project. ✓ The project was installed during the school year, while school was In session. ✓ Overall project cost = $215K. CUSTOMER TESTIMONIAL "I am writing to recommend Energy Retrofit Company for any electrical installation that you might have. Their crew was nothing but professional and courteous. The team was on time, worked clean and would work around any events that we had going on at the school. I have no doubt Energy Retrofit Company would be a value to any organization that would choose to use them. I give my highest recommendation. If I can provide any further assistance, do not hesitate to contact me." - Daniel Carrillo i EmERGY RErROFrr Co. S.1 Fl—. c...: -r., r 13 Anaheim Convention Center $360,347 Annual Energy Savings PROJECT DESCRIPTION Anaheim Convention center awarded Energy Retrofit Co. a contract to replace their outdated T12 Fluorescent HO fixtures. After the initial contract was completed, the facilities staff requested ERC to design -build additional work to complete the exterior lighting, office lighting, and parking garage lighting. The additional lighting work was done as a 'change order" to the initial contract and was paid for using a combination of U.S. Department of Energy's Energy Efficiency and Conservation Block Grant (EECBG) Program and Anaheim Utility Rebates. Project Images SCOPE OF WORK ✓ Replaced over 2000 T12 fluorescent fixtures with new low wattage fixtures with bi-level occupancy controls in the parking garage. ✓ Retrofitted all interior office lighting and all common areas with new low wattage system. ✓ Energy savings exceeded $360K per year. ✓ Overall project cost = $765K. PROJECT CHALLENGES & SOLUTIONS ✓ The convention center and parking garage were extremely busy — operating 24 hours per day, every day of the year, with no down time for an installation to be scheduled. ✓ The ERC installation team worked closely with facilities management to coordinate product delivery and installation between convention center event dates. ✓ The ERC installation team worked double shifts to ensure that all 2,000+ convention center hall fixtures were safely installed in under 45 days, with no impact to the center's schedule of events. IVEr-iERsv PETRoFjr On L111; - , ..1 11;1 25B-87 14 XI. Schedule Our Company will work closely with the City of Santa Ana to ensure the project is completed on or ahead of schedule. We have installed similar projects for other public agencies and have had tremendous success with meeting Customer expectations for project completion. The initial plan for project scheduling is shown below (dates will change, based upon approvals from the City). Our current workload and backlog allow for us to accept this project and have a dedicated Project Manager and Electrical Supervisor to oversee the onsite crew. PROPOSED SCHEDULE OF SERVICES Project Activity Milestone Date Award of Contract / Notice to Proceed NTP September 4, 2018 Order Materials September 4, 2018 Site Preparation and Pre -Inspections September 23, 2018 Complete Interior Work September 29, 2018 Commissioning / Punchwork November 7, 2018 Project Complete November 29, 2018 XII. References Anaheim Convention Center • Kelli Tunnicliff, Purchasing Director, 562-209-0037 City of Temecula Bruce Wedeking, Facility Maintenance Superintendent, 951.699-1403 City of Roseville • Charles Aycock, EIM Systems Coordinator, 916-746-1836 ENERGY RETROFIT CO. 15 -n�. ENERGY City of Santa Ana Police Department Attn: John Aguilar / Christy Kindig 714-647-5008 Scope of Work — Santa Ana Police Department Lighting Retrofit Option A (Standard T24 Qualified) - $426,403 Estimated SCE Midstream Rebate - $22,680 (not included in project cost) RETROFIT CO. Saying Ery p Smw' .010nay Based on the review of this project, Option A includes the most cost-effective solution to replace all existing 4ft and 8ft pendant mounted "directlindirect" fluorescent fixtures with a "directional" new fixture Title 24 compliant lighting system. • The base bid includes removing and recycling all pendant mounted 4ft & 8ft fixtures. • One 2x2 LED Aleo (SLT-CD-22HE-26/840 XE 133) fixture will be installed every eight feet (per photometrics) • All new LED products specified are DLC Premium • This lighting system includes all new wiring, j -boxes, and new earthquake tie wire (assumes drop ceiling throughout the facility and no HVAC obstructions.) • Per Title 24 requirements, occupancy sensors will be included in the offices that are less than 250sf and conference/multipurpose area, classroom/training, and restrooms (estimate 149x rooms). • Title 24 certification forms NRCC-LTI will be followed and engineered by a CALTCP Technician for this project. • Photometric calculations based off actual plans are estimated at,above 20 foot-candles (see following page) • Install schedule is based on manufacturer stock availability. Option B (Advanced Wireless Controls) - $609,648 Estimated SCE Midstream Rebate - $22,680 (not included in project cost) Based on the review of this project, Option B includes an advanced lighting control system utilized to replace all existing 4ft and 8ft pendant mounted "directlindirect" fluorescent fixtures with a "directional" new fixture Title 24 compliant lighting system. This option goes beyond T24 requirements for maximum functionality, energy savings, and lighting management control. • The alternate bid Includes removing and recycling all • One 2x2 LED LG (LGE-2X2SI-25-XX-3200-TB) troffe feet (per photometrics) y U • All new LED products specified are DLCiPrsfniymv,_ • This lighting system includes drop ceiling throughout !De/V .0--7-N ! ENERGY RETROFTT Go. Snag y ene y S, wng Mane, • Occupancy/daylight combo sensors will be integrated in the fixture every two troffer fixtures throughout the facility and controlled in "zones" based on the customers preferences to be established prior to the project initiation. • All fixtures will have wireless dimmable ability and switches will be installed where tuning was noted (offices, conference rooms, etc.) • Easy scheduling, grouping, sensor setting, and commissioning can be done wireless with an LG Tablet. • This LG system can be tied into a cloud based EMS run by GE Current. The cost for this is not included but and estimate can be acquired if requested by the customer. • Install schedule is based on manufacturer stock availability. AGI32 Photometric Calculations • Estimated Avg. achieved footcandles — 20+ • Photometrics are based on the actual plans A 26 23 18 1 is 11 7.s 3.8 0 Illuminance (Fc) r ,u n •! r 1 0 i {4 fF t 1 1 T4 4 f T 1 :z4ni4 �` ,;, t•r`-' y r"273Bg�`/1'a�lndustriar ..c ,.. .. A. ^. . •s.l� 14j.i �• 1j .aE` � tel. .eWY1rW.GnOtevinf�n fifnn nn4, � Santa Ana Police Department Energy Retrofit Today's Date: 8/1512016 Wedaeadey (ventral red 6v) Project Leado.Ray Stan Date:0/42018 Tuaaday Fear Dayol Wk (Mm=2): 2 AT d C el m A 0 O O pr 'b 2 E nak C u �'. : 8 8- n S 8 V p Was Tasks L.ad Start End []' 3 D 0 Punchlisland 1 cleanup Ray 1.,� 111111 Gann Cban Templal. by Veno a2.mn mu mY:[P'v.ee^n � 9120118 3 0/26116 L3 i 11nv1a t9 rnY. 25B-91 0 ® 2000 Vene.@ LLC Deweryof - — — _-- 1.1 materials Lam 9117/18 Sita preparation t "9': ad pro n' xq�i :' 1 Inspections Ray ar,92 . Demo and 1.1 irsWlation begins Lem 9120/18 histaution of F.7= 1 troffers RayIU 29, Installation of 1.1 sensors Ray 1117118 eormnlssioning- 1 review Rayr YLJi¢' Punchlisland 1 cleanup Ray 1.,� 111111 Gann Cban Templal. by Veno a2.mn mu mY:[P'v.ee^n � 9120118 3 0/26116 L3 i 11nv1a t9 rnY. 25B-91 0 ® 2000 Vene.@ LLC APPENDIX ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT RFP NO.: 18-069 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification rr�y subject the certifier to criminal prosecution. Signed State of Cal oroia County of K( Ve,e Subscribed and sworn to (or affirmed) before me on this [S day of w, gASL 201 by8hY) Sh(llUf� �GiV lltUghrvt proved to me on the basis of satisfactory evidence to be the person() who appeared before me. CHRISTINA LYNN NENRICKSEN Nahry Publle - CAllrarnil i '` ° Riverside County { Q�ota�PublicSignaturc Notary Public Seal Commlulon 07757147 My Comm. Expirty Aug 2, 7072 - 25B-92 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 5 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 2 V cmj le On I I V A I, IS, ZU 19-- before me, N'1V!5:1 VU{ 4CH N 1(.' S .t'1 I if7,(j4 nW1 I G Date Here Insert Name and Title of the Officer personally appeared Chris Shown L I V (blo-c m Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(a) is/are subscribed to the within instrument and acknowledged to me that he/sge><" executed the same in his/he##teir authorized capacity(les), and that by his/he4W;o# signature(ay on the Instrument the person(3r or the entity upon behalf of which the person(4acted, executed the Instrument. �CHRISTINA LYNN HENRICKSEN Notary Public •California Riverside County ^ Commission 0 225214 MY Comm, Expires Aug 2, 2022 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Sfgner(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — D Limited ❑ General ❑ Individual ❑ Attorney in Fact O Trustee ❑ Guardian of Conservator ❑ Other. Signer Is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— D Limited ❑ General D Individual ❑ Attorney in Fact O Trustee 17 Guardian of Conservator ❑ Othec Signer is Representing: 25B-93 APPENDIX ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT RFP NO.: 18.069 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: I. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who falls to file the required certif cation shall be subject to a civil penalty. of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included In all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Inc dba Signed and Printed Name: Chris Klrchwehm Title President Date 8/15/18 25B-94 APPENDIX ATTACHMENT 3-3; NON-DISCRIMINATION CERTIFICATION CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA POLICE DEPARTMENT ENERGY LIGHTING RETROFIT RFP NO.: 18.069 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said Rubor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and.applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24; 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended In whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant. to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the 25B-95 administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to pirotect the interests of the United States, 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the pen It' imposed for a violation of the Chapter. Signed: Chris Kirchwehm Title: President Firm: Marketing Power Inc dba Energy Retrofit Co. Date: 8/15/18 25B-96 Exhibit B FEE PROPOSAL i ENERsy RETROFIT CO, gyri_ 2n S&, b The Standard Hourly Fee Schedule for Marketing Power Inc. dba Energy Retrofit Co. is as follows: Description of Work Hourly Rate Electrician: Inside Wireman (Journey Level) $84.08 Electrician: Maintenance Electrician (Journey Level) $59.35 Electrician: Inside Wireman (Apprentice) $30.27 Site Auditor $35.00 Project Manager j $70.00 The Scope of Work pricing Is as follows: Option: Price Option A. Standard T24 Qualified $426,403 Option B: Advanced Wireless Controls $609,648 r - •• REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 TITLE: AWARD CONTRACT TO ENERGY RETROFIT CO. TO INSTALL ENERGY- EFFICIENT LIGHTING FIXTURES AND CONTROLS AT THE CORPORATE YARD FACILITIES AND EXECUTE AGREEMENT FOR ON -BILL FINANCING LOAN (RFP NO. 18-071) (STRATEGIC PLAN NOS. 4,3D; 6,2A) �A CINMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with MarketingPower, Inc. (dba Energy Retrofit Co.), for the term beginning September 4, 2018, through December 28, 2018, to provide and install advanced energy-efficient lighting fixtures and controls at the Corporate Yard Facilities administration and maintenance buildings, in an amount not to exceed $446,969, inclusive of a 10% contingency in the amount of $40,634, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Southern California Edison to provide a $407,795 no -interest On -Bill Financing Loan and $69,869 in incentives to fund RFP No. 18-071, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION As part of the City's ongoing efforts to identify potential cost-saving energy projects across City facilities, the Building Maintenance Division commissioned energy audits for the Police Department Administration building, Corporate Yard facilities (administration and maintenance buildings), Ross Annex parking garage, and the City's libraries (Main Library, Newhope Library, and McFadden Learning Center). The energy audits were completed at no cost to the City by The Energy Network, a nonprofit program funded by California utility ratepayers through the California Public Utilities Commission. Based on the energy audit findings, Building Maintenance staff applied for and secured approved funding from Southern California Edison (SCE) to retrofit all facilities mentioned above. The retrofits 25C-1 Award Contract to Install LED Lights and Controls Corporate Yard Facilities, On -Bill Financing September 4, 2018 Page 2 to the Newhope and Main libraries, and the McFadden Learning Center were completed in 2017 and 2018. Retrofit funding applications for the Police Department Administration building, Corporate Yard facilities and Ross Annex parking garage have been reviewed and approved by SCE. City staff, with the assistance of The Energy Network, is proceeding with the selection of contractors to install the lighting and controls retrofits for these projects. At this time, staff is requesting Council approval to implement the Corporate Yard Facilities, administration and maintenance buildings, retrofit project. The Scope of Work consists of new light fixtures (replace fluorescent units with energy-efficient light -emitting diode [LED] lights) and light controls (install occupancy sensors and connect to lighting and Building Management systems). Project benefits include improved illumination; an annual reduction of 302,315 kWh in electric usage; annual electric bill savings of $41,236, and annual greenhouse gas reductions equivalent to taking almost 42 cars off the road (EPA Greenhouse Gas Equivalencies Calculator). Total project funding of $477,664 has been approved by SCE, and includes cash incentives of $69,869, and a zero interest On -Bill Financing (OBF) loan of $407,795. An innovative feature of this SCE program is that the City will have no upfront costs. The awarded contractor will finance the cost of the project; and SCE will then pay the contractor directly with the cash incentives (which are grants and do not need to be repaid by the City) and the OBF loan proceeds that SCE has approved for the project. Any lighting upgrades not included in the project specifications but authorized by the City will be paid from contingency comprised of combined SCE and City funds. Once the retrofits are completed and inspected, the Corporate Yard will realize lower utility charges on their electricity bill. The bill will have a new, separate line item for the monthly OBF loan repayment. However, once the OBF loan is paid in full (9.9 years), SCE will discontinue the OBF loan repayment charge. Staff requests the City Council to approve the funding process for this project, and authorize the City Manager and Clerk of the Council to execute an OBF agreement with SCE. The SCE Notice of Approval for incentives and OBF loan amount (Exhibits 1 and 2) and an example loan agreement form (Exhibit 3) are attached. On August 9, 2018, staff posted the Request for Proposal (RFP) for the Santa Ana Corporate Yard Energy Lighting Retrofit (Exhibit 4) on the City's website and online bid management and publication system. Five proposals were received and opened on August 21, 2018. The proposals were evaluated and ranked by a review committee comprised of staff from the Public Works Agency and Building Maintenance. The ranking criteria included the experience of the firm and team, relevant project experience, understanding of the scope of work, the work plan, references, schedule, and fee. The ranking of the five firms is as follows: 25C-2 Award Contract to Install LED Lights and Controls Corporate Yard Facilities, On -Bill Financing September 4, 2018 Page 3 Firm Score Energy Retrofit Co 93.3 Baker Electric Inc. 77.3 PLEMCo 63.7 Clear Blue Energy Corp. 58.7 SoLED Energy Inc. 56.3 Staff recommends awarding a contract to Energy Retrofit Co., as their proposal is responsive to the specifications and meets the City's requirements. Contractor has experience with similar work with government entities through SCE, is committed to completing the work within the specified time, and submitted pricing within SCE's approved project funding. The proposal contains a clear path toward achieving City goals and objectives as required by the RFP. The total agreement (Exhibit 5) compensation is in the amount not to exceed $446,969. STRATEGIC PLAN ALIGNMENT Approval of this item supports City efforts to meet Strategic Plan Goal #4 — City Financial Stability, Objective 3 (achieve a structurally balanced budget) Strategy D (explore innovative revenue and cost recovery strategies) and Goal #6 — Community Facilities & Infrastructure, Objective 2 (address deferred maintenance on City buildings and equipment) Strategy A (prepare a Deferred Maintenance Plan that assesses safety, adequacy, and liability implications, and estimates repair costs to be programmed in the responsible agency's future budget). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. A Notice of Exemption will be filed for this project. FISCAL IMPACT There is a total of $492,664 in funding available for this project from a combination of SCE approved OBF financing and estimated SCE Incentives ($477,664), and City funding ($15,000). Source Description Fiscal Year Amount SCE Approved Loan Proceeds 2018-2019 Oct. — Dec. 2018 $407,795 SCE Estimated Cash Incentives 2018-2019 Oct. — Dec. 2018 $ 69,869 City Building Maintenance 2018-2019 Oct. — Dec. 2018 $ 15,000 Total $492,664 The contract amount of $446,969 will be paid from these funds in the following manner: • After installation is complete and an Installation Report is finalized, the actual amount of OBF loan proceeds and project incentives will be determined and paid directly to the contractor, Energy Retrofit Co., by SCE. Since the actual project costs are not expected to exhaust the approved SCE funding, the final loan amount and repayment terms will be reduced accordingly. 25C-3 25C-4 Award Contract to Install LED Lights and Controls Corporate Yard Facilities, On -Bill Financing September 4, 2018 Page 4 • The contract amount includes a $40,634 contingency. $25,634 of this contingency will be covered by SCE funds. The remaining $15,000 will be paid from City funds, but only for authorized additional lighting improvements not qualified under SCE's program. City funds for the $15,000 contingency are budgeted for expenditure in FY 2018-19 in the Building Maintenance — Contract Services expenditure account (No. 07310100-62300). Funds in the amount of $19,490.98 for the FY 2018-19 OBF loan payments to SCE are budgeted and available in the Building Maintenance, Loan Repayment-OBF account (No. 07310100-67003). Funds for the subsequent fiscal years will be budgeted in the same account, in accordance with the following estimated loan repayment schedule: Fiscal Year Description Amount Assumes total loan amount is utilized and repayment begins January 2019 First Payment $2,309.38 118 Monthly Payments., $3,436.62 2018-19 First Payment $2,309.38 5 Monthly Payments $17,181.60 2019-20 through 2027-28 108 Monthly Payments 9 Years $41,239.44 annual) $371,112.56 2028-29 5 Monthly Payments $17,181.60 Total 1 $407,795.14 N Fuad S. $weiss, PE, PLS Executiv& Director Public Works Agency FS:JA:CK:SS APPROVED AS TO FUNDS AND ACCOUNTS: Sergio Vidal S� Assistant Director Finance and Management Services Agency Exhibits: 1. SCE Notice of Approval — Incentives 2. SCE Notice of Approval — OBF Loan 3. OBF Loan Agreement — Sample Form 4. RFP 18-071 5. Contract Agreement 25C-5 25C-6 EXHIBIT 1 WqSOUTHERN CALIFORNIA EDISON° An EDISON INTERNAT1ONALo Campuny February 9, 2017 Project Number: 353-16-0500831253 Project: Customized Solutions Approach E-mail: Businesslnoenfives@sce.com I Fax: 626-633-3243 Authorized Agent: Customer Information: N/A John Aguilar City of Santa Ana 20 Civic Center PL, M-11 Sanfa Ana, CA 92701 Questions?: 800-736-4777 SEND ALL DOCUMENTS TO: Business Incentives Southern California Edison P.O. Box 800 Rosemead, CA 91770-0800 RE: NOTICE OF CUSTOMIZED SOLUTIONS CONTRACT AND INCENTIVE APPROVAL Dear: John Aguilar Thank you for submitting your Energy Management Solutions Incentive Application ("Application") for the Customized Solutions Program ("Program'). Your Application for incentives for the Project(s) described in your application has been reviewed and approved. Funds reserved are based on SCE approved savings estimate set forth below; however, the actual incentive payments will be made based on verified and actual savings' amounts: SCE Final Approved Savings SOLUTIONS DESCRIPTION and Incentive Code Estimate kWh kW $ Incentive Amount Interior LED fixture replacement (utilizing approved luminaries) LT -17492 218,744.6 31.59 $ 51,768.59 Exterior LED fixture replacements (utilizing approved luminaries) LT -85834 19,484.0 0.00 $ 4,189.06 LED Retrofit Kit for Lay -in Troffer Luminaire LT -78496 43,389.8 10.95 $ 10,971.31 Total Approved Savings/Incentive Estimates 281,618.4 42.54 $ 66,928.96 Project Cost Adjustment Total Estimated Incentive $ 66,928.95 10% Measurement and Verification Adder (if applicable) Amount increased to $69,869, see OBF Approval and Loan Term Calculation. If you do not concur with the energy savings and incentive amounts shown above, you have 30 days from the date of this letter to notify SCE, so that we can attempt to resolve your concern(s). If you do not notify us of any concerns within 30 days of this letter, the savings/incentive estimates set forth above will be deemed correct. If you agree with the estimates, you may proceed to purchase and install the above solution code(s) at any time. This Project Approval incorporates by reference the Application, including the Applicant Agreement regarding Program Terms and Conditions. Check out www.sce.coml To seejg(/.p_q(jfy for the Comprehensive Bonus. After your project is completely installed, operational, and meets all requirements of the Program, which is described in detail in the Customized Statewide Procedures Manual for Business and at www.sce.com/customized—solutions: • Complete, sign and submit the enclosed 2013-14 Customized Solutions Installation Report. • Submit final invoices and/or documentation to support project cost, clearly detailing all costs associated with the project (equipment, labor, tax, etc.). • Submit complete engineering calculations to demonstrate energy savings and documentation, if applicable (including archival diskette, CD, etc.). • Submit schematic drawings and/or manufacturer specification sheets, if applicable. • Operating Report, if measurement and verification is required. • Submit Pump Curve (if applicable) NOTE: As a reminder, the deadline for the project to be completely installed and operational is 24 months from the date of this Project Approval letter. Please submit the completed Installation Report within 30 days after installation and prior to the two year deadline. Payments of Incentives will be made only after all Program requirements are met by the Customer to SCE's sole satisfaction. 1. All Projects and/or solutions must be completely installed and fully operational within 24 months from the date the Project(s) is approved by SCE to be eligible for Incentive payments. SCE reserves the right to cease making Incentive payment(s), require the return of the total or prorated Incentive payment(s) and/or terminate this Agreement if the Project(s) is not completely installed and fully operational within such 24 month period, unless an installation extension is granted by SCE, in SCE's sole discretion, in writing. Any extension that is granted shall not exceed 6 months. 2. Prior to any extension being granted, SCE will reassess the Project(s) viability and the Customer must provide reasonable assurance(s), at SCE's direction and in SCE's sole discretion that the Project is progressing toward installation and fully operational status. Assurances include, but are not limited to: (1) proof that the equipment was ordered; (2) a copy of the commissioning agent contract (when applicable); (3) project implementation schedule; (4) written confirmation provided by the customer or customer's authorized agent that the project will be completed within the requested extension of time. Additionally, after the initial 24 month period from SCE's approval of the Project, changes impacting savings calculations or solution eligibility, such as Title 24, CPUC Energy Division direction, etc., may cause SCE to revise the energy savings and Incentive amounts for which the Customer is eligible. 3. SCE retains sole discretion to determine the appropriate baseline values and energy savings calculations used to determine Incentive payments. Incentives shall only be paid on Projects that meet or exceed the baseline performance standards applicable when this Agreement is signed. SCE reserves the right to modify or cancel the Incentive amount if the actual solution installed (or the actual energy savings resulting from such solution) differs from the installation as set forth in this Agreement. 4. Energy savings for which Incentives are paid cannot exceed the actual electric usage for each SCE customer service account for which Incentives are being requested. Non -SCE supply, such as cogeneration or deliveries from another commodity supplier, does not qualify as usage from SCE (with the exception of Direct Access customers or customers paying departing load fees for which SCE collects PPP surcharges). Upon SCE review and approval of your completed Installation Report and supporting cost documentation, you will be notified in writing. Thereafter, SCE will process the incentive check or SCE utility bill credit, as applicable. If SCE is unable to approve your incentives based on the information provided, SCE may require you to submit other documents related to the Project, Project site, solutions, energy savings, or any other documents it requires, in its sole discretion, to make a decision on your Application. If you have any questions, please contact your SCE Account Representative. You may also call us at (800) 7364777 Monday through Friday, from 8:00 a.m. to 5:00 p.m., or send an e-mail to IDSMQuestions@sce.com. Please have your project number available for reference when you call and include it in any e-mail correspondence. Business Incentives Team Southern California Edison Check out www.sce.coml To see You Quati for the Comprehensive Bonus. Check out www.sce.coml To seeltWa ijy for the Comprehensive Bonus. lz i O ®1 a si yr IL• -A t E PT O E_ o H a O O a Y O a W a E E= o = O n K^ C 00 O O c F i C W Y u O O u 2 v 'o u 'o a o n i E v E E o 3 t M a - o q o m \p YE b SLS? 0iii �z�e r -`i ni iii Eia€s>.i .moi z $ o m E A E w oL _ vii _ = o a E u v— $ i c= c m z z i Qn i � o .E o f n $ E o i e$nao c W d V O 6 n 9 c € ICA"* oln v si yr IL• -A t E Application for Business Customers 2013 - 2014 Customized Installation Report DIRECTIONS: After your project is Installed and operational, input the project Installation commencement and completion dates in the fields provided. Review the Information from your Application Approval Letter. If nothing has changed, and the Information in Sections 5 and 6 is correct, complete and sign Section 7 on page 2 of this Installation Report (IR) Form and submit both pages to SCE at one of the addresses Business Incentives For overnight delivery: Fax: 626.633.3243 Southern California Edison 6010 N. Irwindale Ave. E-mail: Businesslncentives@sce.com P.O. Box 800 Irwindale, CA 91702 Questions? Call 800-736-4777 Ii05@meatl, CA 91 77U-U8UU UPN #: '353-16-0500831253 SA #: 005-5214-51 Project Name: Admhn and Maintenance Yard Customer Name: City of Santa Ana, Customer's Authorized Agent: Installation Commencement Date: Installation Completion Date: 5 Solution Code Solution Description Description of Existing Equipment J LT -17492 Interior LED fixture replacement (utilizing approved n,m;noaecl LT -85834 Exterior LED fixture replacements (utilizing approved Incentive Rate ($IKwn) 11t' LT-78496 LED Integrated Retrofit Kits more page Total Project Cost ($) .$458216.21 Calculated Energy Savings Totals 281,618.4 Calculated Savings Incentives -In mswopdcoorpm„mN) 66,928.95 On -Peak Demand Reduction (kW) 42.54 sA # 005-5214-51 UPN # 353-16-0500831253 NOTE: For projects requiring M&V, attach any required baseline or post -installation measuremenls and analysis, as specified in your approved M&V plan. Line # Solution Code Solution Description Description of Existing Equipment M51 3 4 Note: If submitting more than 5 Soh page 2603 Energy Savings Calculated Solution # Baseline usage (Kwn) Installed Energy usage (kwn) Savings (Kvuh) Incentive Rate ($IKwn) Energy Incentive ($) 1 357,573.0 938,828.4 218,744.6 $ 0.08 $ 97,499.57 2 73,102.0 53,618.0 19,484.0 $ 0.08 $ 1,558.72 3 91,152.0 47,762.2 43,389.8 $ 0.08 $ 3,471.18 4 10.95 $ 1,642.50 5 Total Project Cost ($) .$458216.21 Calculated Energy Savings Totals 281,618.4 Calculated Savings Incentives -In mswopdcoorpm„mN) 66,928.95 On -Peak Demand Reduction (kW) 42.54 sA # 005-5214-51 UPN # 353-16-0500831253 NOTE: For projects requiring M&V, attach any required baseline or post -installation measuremenls and analysis, as specified in your approved M&V plan. Line # Solution Code Solution Description Description of Existing Equipment M51 3 4 Note: If submitting more than 5 Soh page 2603 On -Peak Demand Reduction Calculated Solution III from above Baseline On -Peak Demand (KW) Installed On -Peak Demand(KW) On -Peak Demand Reducton(KW) Peak Demand Reduction Incentive($) 1 53.35 21.76 31.59 $ 4,738.50 2 $ - 3 23.10 12.15 10.95 $ 1,642.50 Total Project Cost ($) .$458216.21 Calculated Energy Savings Totals 281,618.4 Calculated Savings Incentives -In mswopdcoorpm„mN) 66,928.95 On -Peak Demand Reduction (kW) 42.54 sA # 005-5214-51 UPN # 353-16-0500831253 NOTE: For projects requiring M&V, attach any required baseline or post -installation measuremenls and analysis, as specified in your approved M&V plan. Line # Solution Code Solution Description Description of Existing Equipment M51 3 4 Note: If submitting more than 5 Soh page 2603 Section. . Different fromOriginalApplication) Energy Savings Total Project Cost($) _ -_ _-- — _- Calculated Baseline Installed Energy incentive Energy Solution # Usage (kWh) Usage (kWh) Savings (kWh) Rate ($IkWh) Incentive ($) 1 - - _ - Calculated Energy Savings Totals ' 2 4 Calculated Savings Incentives Sectionr Section • Demand ' - • • Different fromOriginal • r On -Peak Demand Reduction On•Peak_Demand Reduction (kW) Calculated Baseline Installed On -Peak Peak Demand Solution On -Peak On -Peak Demand Reduction # from above Demand (KW) Demand (KW) Reduction (KW) Incentive ($) SA P! - ,,0055214-5f-�- UPN9° 353;16-0500831253 NOTE: For projects requiring M&V, attach any required baserine or post -installation measurenrents and analysis, as specified In your approved M&V plan. 2 .._ 4 • • Operation Check appropriate boxes: No changes to the proposed solutions have been made since the Project Application Review and Approval and the Authorized agent verifies that the Application approved savings calculations are correct. 0 Due to changes to the proposed measures, appropriate adjustments in the savings calculations have been made. For measures with changes made during installation, use this section, and Sections 5 & 6 on page 2, to calculate the revised installed energy usage, 0 energy savings, peak demand reduction, and incentives. Attach the appropriate calculation backup: the output from the Estimation Software, Calculate Energy Savings Total or the calculation sheets that document the engineering calculations. To be completed only • •• retrocommissioning (Rqx) measures* Attach the following supporting documentation with this Installation Report, or email it to the SCE RCx program manager: Verification data as evidence of implementation. Updated savings calculations, where applicable. Copies of invoices for implementation, as proof of the Customer's implementation costs. RCx Training Completion Form, including the training agenda, training materials, list of attendees, and measure persistence strategies. See the RCx Program Guidelines for more information on these Items. To • - completed only •u, are requesting an HVAC• - 1. HVAC Permit (if required). If a permit is required for any HVAC installation/replacement, I have provided the permit number below. (If no permit is required, leavethis section blank.) Permit# Agency 2. Contractor Certification. If a contractor was used for any HVAC installafion/replacement, this section must be completed by the contractor. By checking this box, I certify I am a licensed contractor and have followed applicable permitting requirements and, if required, that the HVAC L1 permit information above is correct. Signature of Contractor Name (please print) Date SignatureI, the Customer or Authorized Agent below, certily that (i) the Energy Efficiency Solutions have been completely installed, functionally tested and proven capable of operating and being maintained to perform in conformity with their design intent, and (ii) that a licensed contractor was used, where applicable, and all applicable permitting requirements for this installation were followed. The installation date of operation of the Energy Efficiency Solutions and any required monitoring data collection per approved M&V plan, are also certified. Signature Name (please print) Me Date 260A 2 Customized Solutions Installation Report Instructions Project # Business Incentives Southern California Edison P.O. Box 800 Rosemead, CA 91770-0800 1. _INDIC_ATE PAYMENT INFORMATIt7N Please confirm address for the incentive payment. Company: Attention: (Name to be printed on check, use only if required) Address: City: State: Zip: Print Name: Title: Authorizing Signature: Date: 2. ,UTILITY BIL_L_CREDIT OPTION You have the option to credit the Incentive to your service account. Incentive can only he applied to the service accounNutility hill of host customer. 3. W9 Fc CA5_96 FORMS Please sign and return the W9 & CA590. QUESTIONS? Please call (800) 736-4777 or e-mail Businesslncenfives@sce.com wq SOUinFR`l CAIIFONNIA EDISON' .e rD�soN1NIzxNnno.'uv.�.hcy.nl P.O. Box 800 25C-13 Rosemead, CA 91770 Farm w-9 Request for Taxpayer Give Form to the (Rev. December 2014) Identification Number and Certification entities, it is your employer Identification number (EIN). If you do not have a number, see How to get a requester. Do not Department of the Treasury TIN on page 3. send to the IRS. Intemal Revenue Service 1 Name (as shown on your Income tax return). Name is required on this line; do not leave this line blank. N 2 Business name/disregarded entity name, if different from above m m m 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to 0a ❑ le proprietor or ❑ C Corporation ❑ S Corporation PartnershipTmsVestate ❑ ❑ certain entities, not individuals; see instructions on page 3): m c a o 0 single -member single-memher LLC ❑ United liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► Exempt payee code (if any) p 2 Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting y the tax classification of the single -member owner. code (if any) c � ❑Other (see Instructions) ► txccs•sroeuvvnrsmemraamwrsim n,e us.) c 5 Address (number, street, and apt. or suite no.) Requesters name and address (optional to a m 5 City, state, and 21P code m N 7 List account number(s) here (optional JUM Taxpayer Identification Number IN Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding. For individuals, this Is generally your social security number (. However, fora resident alien, sole proprietor, or disregarded entity, see the Part I Instructions ctions on page 3. For other entities, it is your employer Identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for I Employer Identification number guidelines on whose number to enter. I77 F—r—T—F—)— Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. bign Signature of Here I U.S.person► Date► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at wwwdrs.gov/fw9. Purpose of Form An individual or entity (Forth W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), Individual taxpayer Identification number (IT1N), adoption taxpayer Identification number(ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of Information returns Include, but are not limited to, the following: • Forth 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stacks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Forth 1099-S (proceeds from real estate transactions) • Farm 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan interest), 1098-T (bullion) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Forth W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding. or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this forth (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further Information. Cat. No. 10231X Farm W-9 (Rev. 12-2014) 25C-14 Form W-9 (Rev. 12-2014) Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that Is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership Income. In the cases below, the following person must give Forth W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Forth W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of Income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained In the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of Income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S: China Income tax treaty allows an exemption from tax for scholarship Income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes If his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S: China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that Includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What Is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include Interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correctTIN, make the proper certifications, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding Ih 1. You do not furnish you(TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details), 3. The IRS tells the requester that you furnished an inconect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable Interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only), Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Forth W-9 for more information. Also see Special rules lorparfnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial Institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption Imm FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more Information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated Information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your fallure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying Information. Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines and/or Imprisonment. Misuse of TINS. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Forth W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1 a. This should also be the same as the name you entered on the Forth 1040/1040Ar1040EZ you filed with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 1040/1040AII040EZ on line 1. You may enter your business, trade, or "doing business as" (DSA) name on line 2. c. Partnership, LLC that Is not a single -member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(ii). Enterthe owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the Income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 Instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. 25C-15 Form W-9 (Rev. 12-2014) Page 3 Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3. Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the "Umited Liability Company° box and enter "P" in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the "Umited Liability Company" box and in the space provided enter "C" for C corporation or "S" for S corporation. If it is a single -member LLC that is a disregarded entity, do not check the "Limited Liability Company" box; instead check the first box in line 3 "Individual/sole proprietor or single -member LLC." Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space in line 4 any code(s) that may apply to you. Exempt payee code. - Generally, Individuals (including sole proprietors) are not exempt from backup withholding. - Except as provided below, corporations are exempt from backup withholding for certain payments, including Interest and dividends. - Corporations are not exempt from backup withholding for payments made in settlement of payment card or third parry network transactions. - Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space In line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401 (1)(2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of Its political subdivisions, agencies, or Instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register In the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial Institution 12—A middleman known in the Investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,0001 1 through 5' Payments made in settlement of Exempt payees 1 through 4 payment card or third party network transactions However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial Institution is subject to these requirements. A requester may Indicate that a code is not required by providing you with a Forth W-9 with "Nat Applicable" (or any similar Indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of Its agencies or instrumentalities C—A state, the District o1 Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(p E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1. 1472-1 (c)(1)(i) F—A dealer in securities, commodities, or derivative financial Instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined In section 584(a) J—A bank as defined In section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This Is where the requester of this Form W-9 will mail your Information returns. Line 6 Enter your city, state, and LP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an [TIN, see How to get a 7/N below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LLC that is disregarded as an entity separate from its owner (see Limited Liabil fy Company (LLC) on this page), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To appy for an SSN, get Form SS -5, Application for a Social Security Card from your local SSA office or get this forth online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to appy for an [TIN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/bus1nesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Fortes W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 -800 -TAX -FORM (1-800-829-3676). If you are asked to complete Forth W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For Interest antl dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For means that you have already applied for a TIN or that r See Forth 1099-MISC, Miscellaneous Income, and its instructions. you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Fomr, W-8. 25C-16 Form W-9 (Rev. 12-2014) Part H. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if Items 1, 4, or 5 below Indicate otherwise. For a Joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. 1. Interest dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1981 You must give your comact TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1883 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your comet TIN to the requester, you must cross out item 2 in the certification before signing the forth. 3. Real estate transactions. You must sign the certification. You may cress out hem 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments' include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third parry network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). S. Mortgage Interest paid by you, acquisition or abandonment of secured property, cancellation of debt qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account- Give name and SSN of: 1. Individual The Individual 2. Two or more individuals (joint The actual owner of the account or, account) if combined funds, the first Individual on the account' 3. Custodian account of a minor The minor= (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor -trustee trust (grantor Is also trustee) b. So-called trust account that is The actual owner not a legal or valid trust under state law 5. Sole proprietorship or disregarded The owner' entity owned by an Individual 6. Grantor trust filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulations section 1.6714(b)(2)() (A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner individual 8. A valid trust, estate, or pension trust Legal entity' 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10. Association, club, religious, The organization charitable, educational, or other tax- exempt organization 11. Partnership or mufti -member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture In the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor "at filing under the Form The twat 1041 Filing Method or the Optional Forth 1099 Filing Method 2 (see Regulations section 1.6714(b)(2)() B)) ' Ust firstand cimle the name of the person whose number you lurrirsh. If only ort, person on a fount amaum has an SSN, that person's number must be fumished. r Circle are minors name and funJsh the minors SSN. Paged °You must show your Individual name and you may also enteryour business or DBAnams on Me 'Business nameldieregmded entity' name line. You may use either your SSN or BIN (if you have one), but the IRS encourages you to use your SSN. 'List first and chole tha name of the trust, estate, or Parisian trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated inthe account title.) Also see Special rules forpaAmrshipson page 2. 'Note. Grantor also must provide a Form W-9 to trustee of trust Note. If no name is circled when mom than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name. SSN, or other Identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by Identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by Identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Forth 14039. For more Information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity, theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious smalls or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise In an attempt to scam the user Into surrendering private Information that will be used for Identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@im.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: spam®uce.gov or contact them at www.ftc.gowridtheft or 1-877-IDTHEFT (1-877-438-4338). Visft IRS.gov to learn more about Identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file Information returns with the IRS to report Interest, dividends, or certain other Income paid to you; mortgage Interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA or HSA. The person collecting this form uses the Information on the forth to file information returns with the IRS, reporting the above information. Routine uses of this information Include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The Information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable Interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. 25C-17 TAXABLE YEAR ■ CALIFORNIA FORM 2016 Withholding Exemption Certificate 590 The payee completes this form and submits it to the withholding agent.The withholding agent keeps this form with their records. Withholding Agent Name Payee City (If you have a foreign address, see instructions.)I State ZIP code — Exemption Reason Check only one reason box below that applies to the payee. By checking the appropriate box below, the payee certifies the reason for the exemption from the California income tax withholding requirements on payment(s) made to the entity or individual. ❑ Individuals — Certification of Residency: I am a resident of California and I reside at the address shown above. If I become a nonresident at any time, I will promptly notify the withholding agent. See instructions for General Information D, Definitions. ❑ Corporations: The corporation has a permanent place of business in California at the address shown above or is qualified through the California Secretary of State (SOS) to do business in California. The corporation will file a California tax return. If this corporation ceases to have a permanent place of business in California or ceases to do any of the above, I will promptly notify the withholding agent. See instructions for General Information D, Definitions. ❑ Partnerships or Limited Liability Companies (LLCs): The partnership or LLC has a permanent place of business in California at the address shown above or is registered with the California SOS, and is subject to the laws of California. The partnership or LLC will file a California tax return. If the partnership or LLC ceases to do any of the above, I will promptly inform the withholding agent. For withholding purposes, a limited liability partnership (LLP) is treated like any other partnership. ❑ Tax -Exempt Entities: The entity is exempt from tax under California Revenue and Taxation Code (RSTC) Section 23701 (insert letter) or Internal Revenue Code Section 501(c) _ (insert number). If this entity ceases to be exempt from tax, I will promptly notify the withholding agent. Individuals cannot be tax-exempt entities. ❑ Insurance Companies, Individual Retirement Arrangements (IRAs), or Qualified PensionlProfit-Sharing Plans: The entity is an insurance company, IRA, or a federally qualified pension or profit-sharing plan. ❑ California Trusts: At least one trustee and one noncontingent beneficiary of the above-named trust is a California resident. The trust will file a California fiduciary tax return. If the trustee or noncontingent beneficiary becomes a nonresident at any time, I will promptly notify the withholding agent. ❑ Estates — Certification of Residency of Deceased Person: I am the executor of the above-named person's estate or trust. The decedent was a California resident at the time of death. The estate will file a California fiduciary tax return. ❑ Nonmilitary Spouse of a Military Servicemember: I am a nonmilitary spouse of a military servicemember and I meet the Military Spouse Residency Relief Act (MSRRA) requirements. See instructions for General Information E, MSRRA. CERTIFICATE OF PAYEE: Payee must complete and sign below. To learn about your privacy rights, how we may use your information, and the consequences for not providing the requested information, go to ftb.ca.gov and search for privacy notice. To request this notice by mail, call 800.852.5711. Under penalties of perjury, I hereby certify that the information provided in this document is, to the best of my knowledge, true and correct. If conditions change, I will promptly notify the withholding agent. Type or print payee's name and title Telephone (_) Payee's signature ► Date 7061163 25C-18 Form 590 C2 2015 2016 Instructions for Form 590 Withholding Exemption Certificate References in these instructions are to the California Revenue and Taxation Code (R&TC). General Information Registered Domestic Partners (RDP) — For purposes of California income tax, references to a spouse, husband, or wife also refer to a Registered Domestic Partner (RDP) unless otherwise specified. For more information on RDPs, get FTB Pub. 737, Tax Information for Registered Domestic Partners. A Purpose Use Form 590, Withholding Exemption Certificate, to certify an exemption from nonresident withholding. Form 590 does not apply to payments of backup withholding. For more information, go to Hb.ca.gov and search for backup withholding. Form 590 does not apply to payments for wages to employees. Wage withholding is administered by the California Employment Development Department (EDD). For more information, go to edd.ca.gov or call 888.745.3886. Do not use Form 590 to certify an exemption from withholding if you are a Seller of California real estate. Sellers of California real estate use Form 593-C, Real Estate Withholding Certificate, to claim an exemption from the real estate withholding requirement. The following are excluded from withholding and completing this form: • The United States and any of its agencies or instrumentalities. • A state, a possession of the United States, the District of Columbia, or any of its political subdivisions or instrumentalities. • A foreign government or any of its political subdivisions, agencies, or instrumentalities. B Income Subject to Withholding California Revenue and Taxation Code (R&TC) Section 18662 requires withholding of income or franchise tax on payments of California source income made to nonresidents of California. Withholding is required on the following, but is not limited to: • Payments to nonresidents for services rendered in California. • Distributions of California source income made to domestic nonresident partners, members, and S corporation shareholders and allocations of California source income made to foreign partners and members. • Payments to nonresidents for rents if the payments are made in the course of the withholding agent's business. • Payments to nonresidents for royalties from activities sourced to California. • Distributions of California source income to nonresident beneficiaries from an estate or trust. • Endorsement payments received for services performed in California. • Prizes and winnings received by nonresidents for contests in California. However, withholding is optional if the total payments of California source income are $1,500 or less during the calendar year. For more information on withholding get FTB Pub. 1017, Resident and Nonresident Withholding Guidelines. To get a withholding publication, see Additional Information. C Who Certifies this Form Form 590 is certified by the payee. California residents or entities exempt from the withholding requirement should complete Form 590 and submit it to the withholding agent before payment is made. The withholding agent is then relieved of the withholding requirements if the agent relies in good faith on a completed and signed Form 590 unless notified by the Franchise Tax Board (FTB) that the form should not be relied upon. An incomplete certificate is invalid and the withholding agent should not accept it. If the withholding agent receives an incomplete certificate, the withholding agent is required to withhold tax on payments made to the payee until a valid certificate is received. In lieu of a completed exemption certificate, the withholding agent may accept a letter from the payee as a substitute explaining why they are not subject to withholding. The letter must contain all the information required on the certificate in similar language, including the under penalty of perjury statement and the payee's taxpayer identification number. The withholding agent must retain a copy of the certificate or substitute for at least four years after the last payment to which the certificate applies, and provide it upon request to the FTB. If an entertainer (or the entertainer's business entity) is paid for a performance, the entertainer's information must be provided. Do not submit the entertainer's agent or promoter information. The grantor of a grantor trust shall be treated as the payee for withholding purposes. Therefore, if the payee is a grantor trust and one or more of the grantors is a nonresident, withholding is required. If all of the grantors on the trust are residents, no withholding is required. Resident grantors can check the box on Form 590labeled "Individuals — Certification of Residency." 25C-19 D Definitions For California non -wage withholding purposes, nonresident includes all of the following: • Individuals who are not residents of California. • Corporations not qualified through the California Secretary of State (CA SOS) to do business in California or having no permanent place of business in California. • Partnerships or limited liability companies (LLCs) with no permanent place of business in California. • Any trust without a resident grantor, beneficiary, or trustee, or estates where the decedent was not a California resident. Foreign refers to non -U.S. For more information about determining resident status, get FTB Pub. 1031, Guidelines for Determining Resident Status. Military servicemembers have special rules for residency. For more information, get FTB Pub. 1032, Tax Information for Military Personnel. Permanent Place of Business: A corporation has a permanent place of business in California if it is organized and existing under the laws of California or it has qualified through the CA SOS to transact intrastate business. A corporation that has not qualified to transact intrastate business (e.g., a corporation engaged exclusively in interstate commerce) will be considered as having a permanent place of business in California only if it maintains a permanent office in California that is permanently staffed by its employees. E Military Spouse Residency Relief Act (MSRRA) Generally, for tax purposes you are considered to maintain your existing residence or domicile. If a military servicemember and nonmilitary spouse have the same state of domicile, the MSRRA provides: • A spouse shall not be deemed to have lost a residence or domicile in any state solely by reason of being absent to be with the servicemember serving in compliance with military orders. • A spouse shall not be deemed to have acquired a residence or domicile in any other state solely by reason of being there to be with the servicemember serving in compliance with military orders. Domicile is defined as the one place: • Where you maintain a true, fixed, and permanent home. • To which you intend to return whenever you are absent. Form 590 Instructions 2015 Page 1 A military servicemember's nonmilitary spouse is considered a nonresident for tax purposes if the servicemember and spouse have the same domicile outside of California and the spouse is in California solely to be with the servicemember who is serving in compliance with Permanent Change of Station orders. California may require nonmilitary spouses of military servicemembers to provide proof that they meet the criteria for California personal income tax exemption as set forth in the MSRRA. Income of a military servicemember's nonmilitary spouse for services performed in California is not California source income subject to state tax if the spouse is in California to be with the servicemember serving in compliance with military orders, and the servicemember and spouse have the same domicile in a state other than California. For additional information or assistance in determining whether the applicant meets the MSRRA requirements, get FTB Pub. 1032. Specific Instructions Payee Instructions Enter the withholding agent's name. Enter the payee's information, including the taxpayer identification number (TIN) and check the appropriate TIN box. You must provide an acceptable TIN as requested on this form. The following are acceptable TINS: social security number (SSN); individual taxpayer identification number (ITIN); federal employer identification number (FEIN); California corporation number (CA Corp no.); or CA SOS file number. Private Mail Box (PMB)— Include the PMB in the address field. Write "PMB" first, then the box number. Example: 111 Main Street PMB 123. Foreign Address — Follow the country's practice for entering the city, county, province, state, country, and postal code, as applicable, in the appropriate boxes. no not abbreviate the country name. Exemption Reason — Check the box that reflects the reason why the payee is exempt from the California income tax withholding requirement. Withholding Agent Instructions Keep Form 590 for your records. The certification remains valid for 5 years or until the payee's status changes. no not send this form to the FTB unless it has been specifically requested. For more information, contact Withholding Services and Compliance, see Additional Information. Page 2 Form 590 Instructions 2015 The payee must notify the withholding agent if any of the following situations occur: • The individual payee becomes a nonresident. • The corporation ceases to have a permanent place of business in California or ceases to be qualified to do business in California. • The partnership ceases to have a permanent place of business in California. • The LLC ceases to have a permanent place of business in California. • The tax-exempt entity loses its tax-exempt status. If any of these situations occur, then withholding may be required. For more information, get Form 592, Resident and Nonresident Withholding Statement, Form 592-B, Resident and Nonresident Withholding Tax Statement, and Form 5924, Payment Voucher for Resident and Nonresident Withholding. Additional Information For additional information or to speak to a representative regarding this form, call the Withholding Services and Compliance telephone service at: Telephone: 888.792.4900 916.845.4900 Fax: 916.845.9512 OR write to: WITHHOLDING SERVICES AND COMPLIANCE MS F182 FRANCHISE TAX BOARD PO BOX 942867 SACRAMENTO CA 94267-0651 You can download, view, and print California tax forms and publications at ftb.ca.gov. OR to get forms by mail write to: TAX FORMS REQUEST UNIT FRANCHISE TAX BOARD PO BOX 307 RANCHO CORDOVA CA 95741-0307 For all other questions unrelated to withholding or to access the TTY/rDD numbers, see the information below. Internet and Telephone Assistance Website: flb.ca.gov Telephone: 800.852.5711 from within the United States 916.845.6500 from outside the United States TTY/TDD: 800.822.6268 for persons with hearing or speech impairments Asistencia Per Internet y Teldlono Sitio web: flb.ca.gov Telefono: 800.852.5711 dentro de los Estados Unidos 916.845.6500 fuera de los Estados Unidos TTY/TDD: 800.822.6268 para personas con discapacidades auditivas o del habla 25C-20 1*114H1:711f►a SEND TO: Southern California Edison, Business Incentives SOUIIIUt\ CMl/IfORNIA P.O. Box 800, Rosemead, CA 97770.0800 ED I S V N' E-mail: Businesslncentives@sce.com I Fax: 626.633.3243 Questions? 800-736-4777 An FM50.V ATFk,V1,0XAL.- Cm;wny December 14, 2016 Customer Information: John Aguilar City of Santa Ana 20 Civic Center Place, M-11 Santa Ana, CA 92701 RE: NOTICE OF ON -BILL FINANCING (OBF) APPLICATION APPROVAL AND FUNDING RESERVATION PROJECT NUMBER: 353-16-0500831253 SAM 3.005-5214-51 Dear John Aguilar Your On -Bill Financing Application has been reviewed and approved, and funding for your On -Bill Financing Loan has been reserved. At this point the estimated OBF Loan funding reservation for your project of $407,795.14 has been established. Terms and Conditions of Loan Reservation: 1. The reserved amount has been calculated based on the results of the review and approval of your Energy Efficiency Project Application, and according to the provisions and methodology of the OBF Loan Term Calculation [LTC]. Since the loan reservation amount is based on an approved project proposal, it is an estimate of what the actual loan amount may be. 1a. An OBF Loan Term Calculation [LTC] is attached. 2. The actual loan amount will be calculated based on the results of the review and approval of your Energy Efficiency Project Installation Report, and according to the provisions and methodology of the OBF Loan Term Calculation [LTC]. Therefore, the actual amount of the OBF Loan may differ from the reserved amount presented above. 2a. The actual amount of the OBF loan may be less than the reserved amount presented above. 2b. The actual amount of the OBF loan shall not exceed the reserved amount presented above. 3. The expiration of the loan reservation shall be consistent with that of the project incentive. Next Steps: • You submit the completed Installation Report [IR] to SCE, and SCE will review it. • SCE will calculate the actual final loan amount, based on the results of the IR approval, and the LTC provisions. • SCE will issue 2 copies of the OBF Loan Agreement to you. • You will sign, and have notarized, the Agreements and return to SCE. • SCE will counter -sign the Agreements. • SCE will provide you with 1 copy of the fully -executed Loan Agreement and will process the loan proceeds. 25C-21 SEND TO: Southern California Edison, Business Incentives SOUIIIERN CdtItOlINK P.O. Box 800, Rosemead, CA 91770.0800 El D I S ®N s E-mail: Businesslncentives@sce.com I Fax: 626.633.3243 Questions? 800-7363777 An F!l7S0ti lT7F.R,CAPI4NAL'r' CQ:n2any If you have any questions, please contact your SCE Account Representative. You may also call us at (800) 736-4777 Monday through Friday, from 8:00 a.m. to 5:00 p.m., or send an e-mail to Businesslncentives@sce.com. Please have your Project Number available for reference when you call, or include it in your e-mail. Sincerely, Delia Williams Program Manager -On Bill Financing Southern California Edison Company Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning SCE is the Federal Trade Commission, Equal Credit Opportunity, Washington DC 20580. 25C-22 On -Bill Financing Program - Preliminary Loan Term Calculation (LTC1) Completion Daterrime: 12/14/2016 6:48 AM "' LTG1 — Project Number: 353-16-0500831253 ACTUAL TERMS WILL BE CALCULATED Service Account: 3-005-5214-51 BASED ON FINAL REVIEW AND VERIFICATION Customer Number: 1-0-000-7130 OF THE PROJECT INSTALLATION REPORT Customer Account Number: 2-22-264-5319 $ 407,795.14- OBF Application Receipt Date: 2/16/2016 $ 1,000,000 E.2.2. Previous Loans Reserved for this Service Account LTC1 Reserved Amount Is $407,795.14 Project Type(s) : Customized and Deemed First month payment Is $2,309.38 Market Segment: Government and Institutions 118 subsequent monthly payments $3,436.32 Business Name: SANTA ANA CITY OF Reference Name: LTC -1 /PEND EDSANTA ANA -ADMIN AND MAINT Address: 220 S DAISY AVE City, CA Zip: SANTA ANA, CA 92703 PROJECT ECONOMIC SUMMARY I` EXPLANATION A. AVERAGE ELECTRIC BILLING RATE -- past 12 months (Cents/kWh) $ 0.13640 Based on Billing History B. ENERGY EFFICIENCY PROJECT SAVINGS B.I. Estimated Annual Kilowatt Hour Savings (kWh) 302,315.4 From Approved Project Application B.2. Estimated Annual Dollar($) Savings B.3. Estimated Monthly Dollar($) Savings C. COSTS $ 41,235.82 Estimated Annual kWh Savings x Average Rale = $ savings (B.1 x A) $ 3,436.32 Estimated Monthly$ Savings (B.2/12) C.1. Estimated Total Project Cost $ 477,664.09 C.2. Excess Project Cost $ - C.3. Estimated Total Rebate/Incentive $ 69,868.95 CA. Other $ C.5. Estimated Potential Loan Amount (Gross Amount) $ 407,795.14- C.6. LTC1 Reserved Amount C.7. LTC2 Reserved Amount 0.2. Monthly Loan Repayment Amount D.3. Actual loan term (Months) D.4. Actual loan tens (Years) 9.9 E. LOAN LIMIT TESTS E.1. Market Segment Amount of Loan Test (MInIMax Loan Amount) E.I.I. Market Segment Minimum Loan Amount $ 5,000 E.1.2. Market Segment Maximum Loan Amount Facility E.1.3. Within Market Segment Limit? Y E.2. Customer Loan Limit Test (Previous Loans for this Service Account) E.2.1. Service Account Loan Amount Limit $ 1,000,000 E.2.2. Previous Loans Reserved for this Service Account $ E.2.3. Estimated Amount Eligible for Loans $ 1,000,000.00 E.2.4. Within Available Amount? Y From Approved Project Application Based on 20% Basic Lighting Cap Rule From Approved Project Application (C.1) -(C.2) -(C.3) -(CA) From LTC1 calculation following Approved Project Application LTC2 Loan Amount per policy cannot be greater than LTC1 amount Lesser of (C:5) or (C.6) or (E.1.2) or (E.2.3) or other rules apply (B.3) Time required to repay loan in months (subject to exception analysis below) Time required to repay loan in years: (D.3) /12 Minimum Loan Amount per Service Account or Bundle Com, Ind, Ag = $100,000, G&1= $250,000 Is D.1 within loan amount limits Y/N? (E.1.2) or $110 for G&I Facility Total of previous OBF loans+ reservations (E.2.1) - (E.2.2), If < 0, then 0. Is D.1. < E.2.3. Y/N? E.3. Length of Loan Test E.3.1. Loan Length Limit (months) 120 CIA (lighting) = 36, CIA (non -lighting) = 60, G&I = 120 months E.3.2. Within Loan Length Limit? Y Is D.3 within limit Y/N? EA. Expected Useful Life (EUL)* Loan Length Limit Test E.4.1. Applicable Measure ELL (months) 144 ELL in months of measure with greatest kWh contribution E.4.2. Within EUL Loan Length Limit? Y Is D.3 within limit Y/N? E.5. EXCEPTION ANALYSIS (If any EA thru EA. yields a "No") Exception Analysis Loan Minimum Requirement Test Does the loan amount from Exception Analysis meet the $5K loan minimum requirement? YES E.5.1. First Payment Amount $ 2,309.38 E.5.2. Subsequent Monthly Loan Repayment Amount $ 3,436.32 Based on minimum loan requirement of $5K and supplemental E.5.3. Subsequent Monthly Payments 118 Exception Analysis, this amount qualifies for an estimated OBF E.5.4. Net Amount for Financing $ 407,795.14 loan. 'Eape UsefulLae(EUQ: EsOmeasurebespeaedmperformoerafzMdlforaponeorume, An EULfor samemryyoff enrymeasmebawyre EyngC Teomu Eneryy Commi on(CEC). LTC 10: 11170 25C-23 25C-24 EXHIBIT 3 On -Bill Financing Agreement This On -Bill Financing Agreement (0O0F Agreement") Is entered Into on 20 , (the "Eft ellva Date') by and between the undersigned customer same an Sc-Wirn Caiitomla Edison Company VSCE') (each a'Party; toRactively the'partiesI. Recitals 1, Customer and SCE entered Into the Energy Management Solutions Inoerttivas Application for 2. Customer owns; teases or rants �e properly listed In the EMS reement as the Site and maintains a service accounl(e with SCE for electric service, ugtomar has completed Inatallo0on of eligible ens y e stent squipment ("Equipment°) at the Site as eat forth In the . EMS Agreement and has�ccapted the equipment as being operational and In good working order, 3. In Decision 09.00.041, the California Publl6 Utillties Commission authorized SCE to rovlde zsro- ercent Interest financingg for the Insialialion of certalo energy efl(denl aquipmentd which to to be re old over a scoot ad period through the Cyetomera electdo utlllty blll(s) (OmBlll Financing" f, 4, Customer Realrea, to enter Into this OSP Aggreament W. order to pargat�ate in SCE's .om.O111 Financing pro�lram and Customer agrees fo rapeYY SCE the Amount Finencod (as darned under "Loan Terms", below)'throuph the CustomeYs SCE urilty bllllel cursuaht to the terms NOW, THEREFORE, In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: Terms and Conditions Ooftnod Terms; ExceppI as the context ohdrMse ragt4rss capitalized terms used In this OBF Agreement without dentition shall have the same meanings as are set forth In the EMS Agreement Amount,Financod: Within thirty (30) days after the Effeeitva Date SCE edit provides payment for the Amount Financed to Customer or to a Ihlyd party pa so designated by Customer undor the Loan Tera, below, Qustomges designation or a Ihlyd party payee may not bo changed or revoked. Loan Terme; moond"nonce cunt Fina re "-- Interest Rate; Fees; Months to Par, Fire onth Payment Remaining ModnMy Psymentsc Service Account to be 8111ad; os an nated Third -P" eyes yeas o es gnat partyP es• If more than one Service Account will be billed, information regarding the Service Acoount number and monthly payment to thcluded In Schedule A altachdd. Form 14-702 0812012 25C-25 1 Promise to Pay; Customer pmmiaos to pay SCE the Amount Financed In equal monthly Installments as set forth In the stiction above and/or Schedule A (Cuotomer'e "Loan Obligallonj, The first Monthly Payment of Customers Loan Obligation will appear within sixty (80) days from the Effective Date on Customers SCE uglily bill(s) for the Service Account(s) listed above. Manner of Paymoht: Customer's Monthly Payment amount Will appear as a line item labeled 'EV08F Installment Charge" on the monthly SCE utillty bllf(s) for Customers Service Account(s), Customer may pay the Loan Obligation In the, monthly Installments or prepay the Loan Obligation in one lump sum wlthouE penally, but pro-paymonto for less than the remaining balance will not be allowed, Cu Ie"s Loan Obligation will appear on Customsra monthly SCE utility biil(s) for the number of months sot to* above, or until the Loan Obligation Ispald pi full by Customer, tdnlahever occurs firaL Customer shall mitts payments to SCE as diraoted In the SCE utility, btl(s). Partial Payments, If Customer Is unable to make a full payment of the Loan Obligation In any given month, paIlmam arrangements may be made rgatt SQarCOs able disorelon. An partial Customer will be cwill be onsidellbd red toube delinquent and rtion to abriarn default of bolhas lha energy hg�and the Land oan Obllgatan, Late Payments; No late payment charges or Interest will be assessed for delinquent payments on the Loan Obllgaton, However, SCE may assess late payment charges for delinquent payments of energy chorgqai pursuant to SCE's Rule 0 which Is Incorporated herein by reference. Returned Paymenfa: SCE may require ppoymenl of a $10.00 Returned Check Charge for any check reilurned from Customers Manclal Inetllutiao unpold. The Returned Check Charge will also appy to any forms of payment that are subsequently dlehonorod. Disoontlnuance of Servlca: Amounts due under this OBF Agreement will be amounts claimed due under each SCE utility bill to the Customers Service AccounNs), and a default under this OBF Agreement will be treated as a default under the Custom 9ery ce Account(s), Customers Loan Obligation Is sub)edt to the discontinuance provisions of SCE's Rule 11, Dleaontinuenoo and Restoration of Service, Section B, Nonpayment of Bills or Summary Bits which Is incorporated herein by reference. Breach and Acceleration: Any breach by Customer under the EMS Agreement or this OOF Agreement shall constitute a breach uder all of the above referenced agreements. For purposes herein. SCE may determine the OBF Agreement to be breached and Customer to be In default If Customer. (1) calls, assigns orotherwise transfers ownership, pals oaslon or tflo of the Site or the Equipment. (2) fails to pay the Monthly Payment amount when due, (3) closes, discontinues or otherwise causes the termination of the Service Account(o), or (4) otherwise breaches this OBF Agreement and/or the EMS Agreement, and the breach Is not cured as apeclffed therein, Notwithstanding anything to Ilia contrary, In the EMS Agreement a breach and default as set forth N this section shell not be auWobt to any additional cure period. Following a breach as set forth In this seoton, SCE shall have Vis. right to declare the entire unpaid balance of the Loan Qbllgal an Purchase Money Security Interest: Customer hereby agrees that SCE may, but Is not obligated to, file o UCC -1 ("Financing Statement') against the Equipment to secure Customer'S obligation to repay the Amount Financed. Customer agrees to execute any and all documents In connaction with the Financing Statement In order for SCE to perfect Its security Intdresl in ilia Equipment. Customer agrees that SCE Is not waiving any of Its rights of recovery as against the Customer should SCE elect to file a Financing Statement. Form 14-702 0812012 25C-26 Confesslon of Judgment; Customer Irravocabij attorneys, upon breach and default by Customer e In any stale or federal court In Los Angeles County confess Judr7ment against Customor by entry of a o Procedure § 1132 OL serf„ or by any other eppr: costs of collection, Including without Ilmltatlon coi single exaralas of the foregoingg power to confoes I whother or not any such exerolas shall be held by E power will continua undiminished. and may be exer Oil amounts owing under this OBF Agreement have authorizes and empowers SCE and SCE's described In the preceding section, to appear California, as Customer's atlomVyil fact and nfasslan ofJudgment purouant to pode of GNI ulata means, for the full amount due plus all I costs and reasonable attorneys' foss. No dgment will be deemed to exhaust the power, iy court to be Invalid, Wadable, or vold; but the Ised from tmq to time as SCE may elect until reen paid In full, Modification; Any change to this OBF Agreement must be In writing and elyned by Customer and SCE; except that during any given month, It Customer Is unable to make NII payment on the Loan Obliggation, payment arrangements may be made at SCE's sole discretion without mods��IIno this 08 Agreement in writing, Any written modification cr amendment will not be effrAve unless and unit signed by SCE or such condition N valved by SCE In Its sole and absolute discretion,. Term and Termination It Is the Parties Intent that the term of this 0811 Agreement and the EMS Agreement run concurrantiy. Therefore, the OBF Agreement shall continue In effect unit the Loan Obflgatton is pard In full. Aaelgnmgntr Notwithstanding anything to the contrary In this COP Agreement, Customer may not assign its rights or delegate Its duties under the Agreement. Additional Roprosontatlons; Each perean signing (his OBF Agreement represents and warrants that he or she Is duly authorized and has the legal'rapaclty to execute and deliver this OBF Agreameant on behalf of Customer, and to perform theft obligations under this OBF Agreement. Customer further represents and warrants that If It is a legal entity, It is In good standing In ila'stato of formation. Miscellaneous: Except as otherwise speclgcally provided herein, all tonna, provisions, covenants, rapresantations, warranties, agreements and conditions of the EMS •Agreoment'shall remeln unchanged and In full force and effect. Should a conflict exist between tills OBF Agreement shell cthe ontrol. This This OBF Ag a ment shat be ceement and the documents onstrued and Iated nterpreted In athis OBF ccordance with, and shall be governed and enforced In all roe acts according to, the laws of the state of California. This OBF Agreement may be exeaulod In one or more counterparts, each of which shag be deemed on odglnal but all of which shall constitute one and the same Instrument If any one or more of the provisions contained In this CBF Agreement shall for any reason be held to be Isvafld, Illegal or unenforceable in any respect, then this OBF Agreement shall be construed as If such lnvelld, Illegal or unenforceable loon arpprovisicn had never been contained hardln and all other provls!ans of this OBF Agrasmont shall be construed to remain fully valid enfaroeablo and binding on the parties. The Recitals sat rorth above are hereby Incorporated hereln by reference. [Remaloder of page Intention$/ left blank] Form 14.792 0512012 25C-27 I%f 4'rIT%lE33 44HEREOF ;ha Partial hn re axecured tivs 03° A.;reemenl as of the Effective Dale Customer: Southern California Edison Company: Authorized Rapresentative Authorized Representative Title: Title: Signature: Signature, Date: Business Address Telephone No. Fax No. E -Mail Address: RECOMME'NDE'D FOR APPROVAL Date: Business Address: Telephone No. Fax No E -Mail Address: ATTEST Francisco Gutierrez, Exec. DIr. Maria D. Ruizar, Clerk of Council APPROVED AS TO FORM: (for purposes of sample form only; Wil need re -approval upon completion) HN M. FUNK Assistant City Attorney Form 14-914 04/2016 25C-28 n SCHEDULE A Customer Name: OHF Loan Number, Slto Service AOaeant Number I OBF Billing Ropaymon! 8ervloe Account Numbaf 1' Monthly OSF Loan Payment Remaining Monthly OB F Loan Payments X.XXX• xxXxxx x-xxx-Xxxx•xx $XX,XX $XXX.XXper monthfor Xmonths iota) Mont ly Repayment $ `,xX SXXX.XX per month fo'r X months Form 14-702 0012012 25C-29 25C-30 ,4.11: REQUEST FOR PROPOSALS (RFP) FOR SANTA ANA CORPORATE YARD ENERGY LIGHTING RETROFIT RFP NO.: 18-071 FOR THE CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza, M-21 Santa Ana, CA 92701 John Aguilar / Christy Kindig Project Manager (714) 647-5008 Office jaguilariisanta-ana.org ckindig a.santa-ana.org Fuad Sweiss xecutive Director Pu lic Works Agency KEY RFP DATES (Subject to change at discretion of City): Issue Date: Thursday, August 9, 2018 Job Walk/Pre-Proposal Meeting Tuesday, August 14, 2018 at 10:00 a.m. Meet at 215 S. Center St., Corporate Yard Guard Shack Deadline for Requests for Information: Proposal Due Date: Projected Award Date: Project Completion Date Invoice Submittal Date Thursday, August 16, 2018 at 5:00 p.m. Tuesday, August 21, 2018 at 4:00 p.m. Tuesday, September 4, 2018 Thursday, November 29, 2018 Wednesday, December 5, 2018 «i d41» 25C-31 C NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for this On -Bill -Financed LED Lighting Retrofit. Responses to this Request for Proposals (RFP) will be accepted until august 21, 2018 at 490 n. . Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR RFP NO. 18-071 SANTA ANA CORPORATE YARD ENERGY LIGHTING RETROFIT IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: John Aguilar Public Works Agency; 20 Civic Center Plaza; 4th Floor Reception, Ross Annex Santa Ana, CA 92701 Proposals shall be mailed, hand delivered, or sent by courier service. Proposals shall NOT be sent via telegraphic, electronic or facsimile. All notifications, updates and addenda will be posted on the City's RFP Bid page at www.santa-ana.or ids-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. 0 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA CORPORATE YARD ENERGY LIGHTING RETROFIT RFP NO.: 18-071 TABLE OF CONTENTS I. GENERAL H. PROPOSAL TERMS AND CONDITIONS III. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. PAYMENT INFORMATION PACKET H. PRE -PROPOSAL MEETING L CITY RIGHT TO REJECT J. PROTESTS IV. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES & SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING B. SELECTION VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VII. IMPLEMENTATION A. KICK-OFF MEETING B. NOTICE TO PROCEED VIII. PUBLIC RECORDS IX. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: STANDARD AGREEMENT ATTACHMENT 3: CERTIFICATIONS ATTACHMENT 4: ADDITIONAL PROVISIONS 2dG"133 0 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA CORPORATE YARD ENERGY LIGHTING RETROFIT RFP NO.: 18-071 I. GENERAL Nature of Work: The City of Santa Ana is seeking an experienced energy lighting contractor. A detailed Scope of Work is included in the Appendix of this RFP as Attachment 1. Number of Proposals and Signature: Three hard copies and one (1) digital file on labeled USB Flash Drive (or equivalent) of your proposal shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana. One (1) copy of your Fee Proposal shall be submitted. Proposal Evaluation and Ratine: The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm/Team Experience 25% • Understanding of Need 20% • Relevant Project Experience 20% • Schedule 15% • References 10% • Fee 10% 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. 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 in 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 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 2, 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 4of41 25C-34 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-subconsultant basis. The City intends to contract with a single firm and not with multiple flims doing business as a joint venture. Should the use of subconsultants be offered, the Proposer shall provide the same assurances of competence for the subconsultant plus the demonstrated ability to manage and supervise the subcontracted work. Subconsultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all subconsultants in the same manner as the Proposer. 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. 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. 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 in Section III.D. 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 website, www.santa-ana.ore/bids-rfps. 543 25G-35 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.ors/bids-ribs. 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, however, this meeting is not mandatory. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "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. 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. 6of41 25C-36 IV. SUBMITTAL REQUIREMENTS A. GENERAL 1. Number of Conies and signature: Refer to Section I: General. 2. 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) DOUBLE -SIDED 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 2, in the Appendix of this RFP. 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. d. Understanding of Need: 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. e. Relevant Proiect Experience: Proposal shall include a list of projects which your firm or personnel have completed within the last 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. Proposer shall also provide a summary of the last 15 relevant projects that identifies the municipality that the work was performed for, time period work was performed, and hauler recommended by proposer. f. Schedule: Proposal shall include a detailed schedule, with a written statement which provides information on current workload and how this project would be accommodated. 29G"137 g. References: Proposal shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years h. Fee: Fees shall be included as part of evaluation criteria. Refer to "I. GENERAL", and IV. SUBMITTAL REQUIREMENTS, B.3 FEE PROPOSAL, below. (this item not part of page limit) 2. SCOPE OF SERVICES & SCHEDULE Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work, detailed in Attachment 1, which is included in the Appendix of this RFP. 3. FEE PROPOSAL: Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the 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 'T GENERAL". 4. CERTIFICATIONS: The following forms, included in Attachment 3 in the Appendix of this RFP shall be signed and included as part of the proposal submittal package: • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING Refer to Section I, General. 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. 8of41 25C-38 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 2, 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 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. 2dG"139 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA CORPORATE YARD ENERGY LIGHTING RETROFIT RFP NO.: 18-071 Lighting Contractor Scope of Work City of Santa Ana - Admin and Maintenance (Corp Yard) The Energy Network Project ID: VNK" 6E Provided by - TRC Energy Services Scope of Work Developed by: John Rossi, PE July 23rd, 2018 10f41 256-40 A Project Supported by The Energy Network The Energy Network, administered by Los Angeles County, was authorized by the California Public Utilities Commission to help eligible public agencies in Southern California harness their collective action, save energy, reduce operating costs and protect precious resources. To expand public agency participation in utility energy efficiency programs, The Energy Network is offering a range of free energy efficiency services to assist public agencies with accelerating energy retrofits. The lighting retrofit of the City of Santa Ana Admin and Maintenance facility (Corporate Yard) is being supported by The Energy Network. The services provided as Construction Management Support are defined on a separate documented titled Roles and Responsibilities for Construction Management Support. Please refer to this document to better understand the relationship and role of The Energy Network Project Manager and assigned Energy Consultant. Participation of The Energy Network is entirely at the discretion of the City of Santa Ana and The Energy Network may modify or terminate its services based on funding availability. 2ed41 -41 Summary of Scope of Work Background The City of Santa Ana is pursuing a number of lighting retrofits at several of their facilities. This document focuses on the proposed lighting fixture and controls scope of work for the Administration and Maintenance Yard (Corp Yard). The Admin and Maintenance property is a small campus of buildings, including an administration office building, fleet maintenance buildings and several warehouse and work areas that are city owned and operated. The facility has a five day a week operating profile with variable occupancy depending on the space, creating an opportunity for significant energy savings. In addition to the interior lighting upgrade, exterior shoe box, canopy, and wallpack fixture replacements are included in this scope. Detailed area by area fixture counts are provided in the following: • Appendix A: Admin & Maint Lighting Inventory Santa Ana Admin & Maintenance Yard The following items and requirements should be clearly listed in any provided contractor bid: MANDATORY SCOPE -LED Fixtures and Controls Product Requirements All LED products and controls used in this project shall meet the following requirements: a) Please refer to Appendix A below for an area by area breakdown of lighting equipment. Contractor is responsible for verifying all Appendix A information before ordering or installing equipment. b) All LED fixtures shall be found on the current DLC qualified product list. All LED lamps shall be found on the Energy Star product list. c) All interior retrofit spaces will be fully Title 24 lighting power density (LPD) and' controls compliant. Including but not limited to, occupancy sensors, daylight harvesting, and tuning controls. The lighting controls for the mandatory scope shall be stand alone. d) Interior LED Fixtures shall have correlated color temperatures (CCT) of 3000K to 4000K and attempt to match existing scheme. LED Lamps shall be handled in the same way. e) The majority of fixture replacements (and retrofit kit applications) will be like for like. Review to Appendix A for details. f) This lighting upgrade is primarily a 1 for 1 replacement. However, the contractor is responsible for ensuring final layouts, configuration, and lighting performance meets the city's needs. g) All proposed fixtures shall be capable of dimming with a 0-10V signal. 25442 h) Fixture integrated smart sensors are to be used where ever possible and reasonable. If an integrated sensor is not feasible, a zone based sensor/control may be utilized. Battery powered zone controls are not acceptable, power must be hardwired. i) Sensors shall be capable of detecting small hand motions, such as writing at a desk or wiping a surface, and sensors shall be able to cover the entire area at each location described herein. j) Any sensing technology that may cause auditory discomfort for occupants with or without hearing aides or for guide dogs will not be accepted. k) Photosensors shall be fully functional between the range of 2 and 200 foot-candles. 1) Existing lighting zone controls will be replaced (or removed) as needed with new and will not be abandoned in place. This includes existing occupancy sensors, wall switches/dimmers, and any existing photo -controls. m) Exterior LED Fixtures shall have correlated color temperatures (CCT) of 4000K. n) All products shall be specified such that they can operate correctly based on the applicable circuit service voltages and with applicable mounting requirements. o) Exterior fixtures shall have ingress protection (IP) ratings of 65 or better. p) Exterior fixtures shall come equipped with automatic bi-level, integrated occupancy sensors. ADD ALTERNATE SCOPE — Wireless Advanced Lighting Controls System The responding contractor is to provide a separate cost, which is in addition to mandatory lighting fixture replacement and controls project, for the installation of a brand new wireless advanced lighting controls system (ALCS). The ALCS shall meet the following requirements: a) Title 24 controls compliance to be accomplished with a new, wireless, advanced lighting controls system (ALCS). The ALCS will be comprised of several different zone and fixture integrated sensors, which feed data wirelessly via gateways to a central lighting management system. The integrated smart sensors and zone sensors will be able to detect changes in occupancy and ambient lighting, and relay information to the central system and/or smart wall switch. Smart wireless wall switches can communicate directly with fixtures to perform a number of local controls. The ALCS will also include a graphical front end that can either be hosted locally or on the Cloud (Santa Ana discretion). It will allow for a variety of system wide, zone or fixture specific controls and reporting capabilities. b) The contractor shall supply all adapters, controllers, gateways, routers, smart light switches and any other part of the lighting controls infrastructure, new and free from defects. 13 f41 25 -43 c) The new ALCS will be BACnet enabled. The awarded contractor will be tasked with working with Santa Ana IT to ensure all necessary permissions and server access are obtained. d) Any existing controls system shall be demolished. e) The contractor shall fully commission the ALCS and provide staff training. f) Wireless controls signals shall adhere to 802.15.4 wireless protocol with AES -128 encryption, or equivalent network security. g) Maximum time delay adjustment shall be 30 minutes. h) Sensors shall be capable of continuously dim fixtures and allow for user defined light level tuning in the EMS. i) The system will have the ability to program the on/off schedules for each lighting area. General Requirements The following should be clearly stated in and/or provided with all bids: a) Contractor shall provide copies of a valid California C-10 Electrical license at a minimum. b) Prevailing wage labor costs to be used for project implementation. c) All scheduling of work shall be done through the City's project contact. d) Contractor shall commit to project construction completion and delivery of invoice to Santa Ana by December 215', 2018. Any work not completed by that date, is not guaranteed to receive payment, any exception to this completion date must be in writing and can only be provided by Santa Ana city staff. e) All work performed shall meet or exceed any applicable electrical code requirements, including the installation of emergency powered fixtures in applicable areas. f) Equipment and materials specified by contractors shall conform to the standards of UL, ASTM, NEMA, ANSI, and ETL. Base materials shall be ASTM and/or ANSI standards. Electrical manufactured apparatus furnished under this section shall conform to National Electrical Manufacturer's Association (NEMA) standards and shall bear the Underwriters' Laboratories (UL) or Electrical Testing Laboratory (ETL) label where such a label is applicable. 14 of 41 25C-44 g) Contractor to provide project references for recently completed lighting upgrades which included lighting fixture replacement/retrofit and lighting controls. h) The chosen contractor will be required to register with Southern California Edison as a Trade Professional (Trade Pro). Directions to register can be found at: https://sceonlineapp.com/CAASpoort/Default.aspx. Please note that contractor will NOT be required to produce a Project Feasibility Study or Energy Efficiency Project Influence Job Aid. i) Any existing electrical code violations relevant to systems being retrofitted shall be brought to the attention of the City once discovered. j) Clean-up, removal of old equipment, and/or recycling fees are to be included. k) Contractor must meet appropriate insurance and bond requirements outlined by the City. 1) Any other cost of business fees/expenses associated with performing City work are to be included in the bid. m) Provide factory start up, commissioning, and training (primarily focused on ALCS) to ensure proper functionality of new lighting equipment and controls. n) All work shall be warranted against defects in material and workmanship for a period of one year from the date of acceptance. Any applicable warranty information beyond this should be stated and provided upfront. o) The contractor is required to provide a detailed and itemized invoice that clearly states the quantity of each fixture installed. Additionally, the invoice shall show a breakdown of material, labor, tax, shipping, and any other applicable project costs. p) It is the Contractor's responsibility to submit a final version of the Lighting Inventory, Attachment A in parallel with the submittal of the Cost Proposal. Any revisions required to the Scope of Work must be clearly indicated in the final Lighting Inventory and reflected in the Cost Proposal. The final Lighting Inventory Table serves to inform the Agency. q) Contractor will be compensated for work performed and fixtures installed prior to December 21", 2018 deadline. Additionally, any increase on the Base Price due to larger inventory will require written approval by the Agency and will follow procedures set forth for change orders. Any decrease on Base Price due to smaller inventory will result in a lower Base Price to the Contractor. r) The Contractor shall conduct all work between in the time window established after the contract is awarded. 296445 s) The Contractor shall comply with safety requirements and practices as outlined in accordance with Agency requirements and California Occupational Health and Safety Administration (Cal/OSHA). t) The Contractor shall do all that is necessary to maintain a safe working environment for Contractor's employees, Agency and facility employees and the general public present. u) The Contractor shall work with the Agency facility staff to understand and abide by any site-specific security procedures. v) The Contractor shall clean up any construction dust, dirt and debris from work surfaces or equipment after work is completed each day and prior to occupancy. w) The Contractor shall be very careful to leave the facility with no damage to its structure, contents, existing finishes, and with no evidence of cutting or patching, and with all fixtures and lenses cleaned. x) The Contractor is responsible for securing all necessary permits, including Title 24 energy code documentation and compliance permit, and shall abide by local laws and regulations. y) Prior to ordering of equipment and fixtures, Contractor is to verify fixture quantities, types and installation needs, including specifying equipment that complies with existing electrical service. Final project invoice price will be based upon the quantity of each fixture type installed multiplied by the unit price for that fixture. 16 of 41 25C-46 SCE Sample Invoice - Customized Solutions Vendor Nene & Address Joe Smhh Company 123 East Maln Street, Anytown, CA 90909 Tel: 123,459.7899 Fax: 123.459.7899 Itemized Est of equipmentwith Duamity, Model,: Make, Told Desoiptim & Unh Price Invcice: Date: 1115110 —Pimhase Date Im tMo. 12315 sets "'W' wke Name 11-cogesmplur Cmta Customer Name Addresa: 43615'aatAlmoStrcct &Address City/StateZp: Anywhere, CA 99999 General Inc. Cordad John Bm{m Itemized Est of equipmentwith Duamity, Model,: Make, Told Desoiptim & Unh Price Invcice: Date: 1115110 —Pimhase Date Im tMo. 12315 sets Noche wke oft'dp9on a cult T" 20 RF119876 General Inc. 8'4-IampT3 Int Higb Bay FLaume(3161V) 200.00 4,000,00 80 FStT5/811/ Gmaal hu. TS Lampe for High Bay Faaurca (5 1%U 10.00 800.00 HO.'ALTO 20 RX -2554 General Inc. Bahasb for Irish Bay Factures 40.00 800.00 5 Q345 -BBI Grnaul Ino. Compote Fluorescent FiaNrw(24W) 60.00 300.00 Barecaww. - Measure L-116: RgIne S' NumpTl2 Vay flisli Output Fluor fixrmea (430 Waft,Model 9145645 byChmmal Inc) - MCaauol.C2 Rtplace bwandexent Factum (75W) Materials 5900.00 Tax 486.75 Installation 1,000.00 Inwike Total 9_586.75 Less Edison Rebate -2.585D0 Total After Rebate 6801.75 PND Important Neter. e If Customeric not Pasee(rebate is directed to Vender or other 3rd Partys Payment Release Authod2aten in Section B of application must be completed & conlam Customer's signalure. e AWlfioteeuountfinetellationlacefions: All the Mu7ip/e AccounlSpreedsheef available for download on -fins atwww.so.wmhusnesslemslappdownivad. kn 29641 96 47 Wale Baw arm (Old Equipment) (or attach on separate sheet) Hander is Rebate Payee, Total Rebate Amount deducted tram wlesprice Marked mor contain Terms 25C-48 {!! ;;i)i;|[[;;;§!i[ ( §§§�)/)))owow) §§l;;=lnl�l::�!!;§ ........... !! jAj5 §1 /\\\\\\\\\\\\/\\// \ k\\ ()\§|§§)§$§})§§§§§|§§§ !l===!!!!!!!! // /\///// {!{)\(E)){; 6 0. =t 2R 25C-48 25C-49 >,,,z „ z,,, ,,,.,,, -,,,Z,- „ z,>=>>z> „ >,> „ .>.>>,.,� (77(77((7(\({7((7((77((({({ ){ -)/§))$)§)§))2 t §!:§-111 §§\§>A A.1A ;;;!l,:.,.!!■,:;! ........................... „ 1,::,!!; \\\\\\\\\\\\\\\\\\\\\\\ \\ Q:vi0))))!/f| °/°\)\0� _!!_§v;o2 //§)\){� �/� �`°\�/ 65 \} /§}\\ §§(())\\§)§�§�)))§§}�\)(§§� ` !! § | 25C-49 250.50 Hdd . . . d- „ Z,Z,.+ ,,,, »l�IEl.......... 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26 of 41 25C-56 Appendix ATTACHMENT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of , 201 by and between 'a [insert type of business: sole ownership entity, LLP, etc], (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of energy efficiency lighting 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 consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION This project is funded by Southern California Edison (SCE) cash incentives and On Bill Financing. By submitting a bid, the bidder agrees, if awarded the contract, to finance the cost of the project and to be paid directly by SCE. If the final cost of the project exceeds the total of SCE payments, the City shall pay the difference to the awarded contractor. 3. TERM This Agreement shall commence on the date first written above and terminate on , 201 X, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent 27f 41 256-57 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. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by 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. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 28 of 41 25C-58 d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to 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 contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 29d%9 8. INTELLECTUAL PROPERTY INDENINIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. 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. 10. 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 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. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: 30 of 41 25C-60 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: , Exec. Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-XXXX , City Attorney City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 31f41 25d-61 14. 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. 15. 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. 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, 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 employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 32 of 41 25C-62 19. NIISCELLANEOUS PROVISIONS a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Name of Attorney Assistant City Attorney RECOMMENDED FOR APPROVAL: Name Executive Director — (Agency) CITY OF SANTA ANA Raul Godinez II City Manager CONSULTANT: (name) (title) Tax lD# 33 56-6 2 3 SCOPE OF SERVICES 34 of 41 25C-64 EXHIBIT B FEE PROPOSAL, including hourly rates 35f41 256-65 EXHIBIT C CERTIFICATIONS 36 of 41 25C-66 APPENDIX ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ROSS ANNEX PARKING GARAGE ENERGY LIGHTING RETROFIT RFP NO.: 18-070 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, farther, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal 296— 1 67 APPENDIX ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ROSS ANNEX PARKING GARAGE ENERGY LIGHTING RETROFIT RFP NO.: 18-070 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the malting of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. F5 omit Signed and Printed Name: Tide Date 38 of 41 25C-68 APPENDIX ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ROSS ANNEX PARKING GARAGE ENERGY LIGHTING RETROFIT RFP NO.: 18-070 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the 2 1 469 administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: 40f 41 256-70 1 *44 111.110 ADDITIONAL PROVISIONS 2�1�4�l1 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinajero Juan Villegas August 20, 2018 CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, California 92702 vww.santa-ana.oM ADDENDUM NO.1 RFP NO. 18-071 ENERGY LIGHTING RETROFIT AT THE CORPORATE YARD DATE DUE: AUGUST 21, 2018,4:00 PM QUESTIONS &ANSWERS CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar 1. The RFP states that zone sensors cannot be battery powered. They must be hardwired. Will you accept sensors that are powered by ambient light? Yes, so long as the technology is commercially proven and warrantied. Also, please ensure that specifications are provided 2. Will you accept wall switches that are wireless and powered by kinetic energy? Yes, you must ensure that specifications are provided. 3. SoCal Edison no longer offers much in terms of customized rebates for lighting. But they do have a Midstream Point of Purchase program where the rebate is paid directly to the distributor and the price is reduced on the invoice by the amount of the rebate. For this rebate program, there is no application or Trade Pro requirement with SCE. If the proposal is priced with the Midstream Point of Purchase program, must the contractor still become a Trade Pro? The Midstream program is NOT and will not be leveraged for this project, the customized incentive program is being utilized. Contractors MUST be TradePros. 4. The energy section of the California building code (Title 24, Part 6) does not require occupancy sensors or daylight harvesting, if there is a 50% reduction in rated power in office spaces and 35% in other types of space. Is Santa Ana voluntarily going above code with daylight harvesting and occupancy sensors? You can get great energy savings at a much lower cost without the controls. As a rule of thumb, controls save 20%. But in this case, that 20% is achieved on the LED energy consumption. If you save 50% with the LEDs, the incremental savings generated by the controls is only 10% of your original lighting. This is because the new lighting is half of the old lighting. 20% of 50% = 10%. That incremental 10% savings is considerably more expensive than the first 50% saved by the LEDs on a per unit of savings basis. If the answer is yes, Santa Ana wants to go above the code requirements, which areas in Appendix A are near windows or sun lights and require daylight harvesting? The improved lighting controls are desired by the city. 5. Will an RFP be accepted that doesn't include the "Add Alternate Scope" Advanced Lighting Controls System on page 13 of the RFP? Yes. 6. Does this project No.18-071 require a bid bond? This project does not require a bid bond. 7. Can you please supply a site plan? See attached plan SANTA ANA CITY COUNCIL Miguel A Pulitla Michele Martinez Vicente Samiento Jose Solorio P. David Benaddes Juan Villages sal Tinajero Mayor Mayer Pro Tem, Word 2 Ward Wartll4 WartlS Ward rtwulitloa-ana.ora rnP-anao vnienl rantaanaora 26C4.2 n tlhenaVtlentdnaobllenasDaantaana.sfinaieroa -anaara Page 2 of 2 8. Who is responsible for the anti -bird netting. It looks old and could be damaged during retrofit? The netting is accessed for normal light fixture maintenance and has not been a problem. Caution should be taken as they are not damaged at this time. 9. What are the ceiling heights in the fleet building? About 25' 10. Are there any Hazardous locations requirements for the fixtures over the fueling station? No hazardous location requirement over fueling station. 11. Are all lights on emergency lighting inverter circuit or are they to have individual battery back up? All emergency lights are on backup generator, no battery backup. ALL OTHER TERMS, CONDITIONS AND SPECIFICATION REMAIN UNCHANGED. I acknowledge I have read this addendum: Authorized Signature Company Name SANTA ANA CITY COUNCIL Miguel A Pulido Michele Martinez Vmnte Samiento Jose Solari. P. David Sanavides Juan Milegas Sal Tmajem Mayor Mayor Pro Tem.Ward2 Ward? 2 N'r /'11 8n -1� Ward Wards fta 6 ®ulitiv(oMayor-ana.or. mimadinPro Tantaar om vsannientWardntaane..ry L 'o�n �r dbenavitleWard4ta-ana am ivillevasCa)aantaana..ra sGnaier.Ward to-ana am 25C-74 EXHIBIT 5 AGREEMENT FOR ENERGY LIGHTING RETROFIT OF THE CITY OF SANTA ANA CORPORATE YARD THIS AGREEMENT is made and entered into this 4th day of September, 2018 by and between MarketingPower, Inc. dba Energy Retrofit Co. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On August 9, 2018, the City issued Request for Proposal No. 18-071, by which it sought a contractor to provide and install advanced energy-efficient lighting fixtures and controls at the City of Santa Ana Corporate Yard. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-071. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as mayreasonably 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 Contractor shall perform the services that were described in the scope of work that was included in RFP No. 18-071 and as more specifically delineated in Contractor's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $446,969. This sum is comprised of (1) the Contractor's estimated project cost of $406,335 and (2) a 10% contingency in the amount of $40,634 for additional services at the City's sole discretion. b. Contractor agrees to accept full payment for all services under this Agreement exclusively through the (1) "On -Bill Financing" Program and (2) Energy Management Solutions Incentive that have been separately established and approved between the City and Southern California Edison. The payment obligations established through these means are intended to and shall survive expiration of this Agreement. Page I of 8 25C-75 3. TERM This Agreement shall commence on the date first written above and terminate on December 28, 2018, unless terminated earlier in accordance with Section 17, provided, however, that Contractor shall complete the project in its entirety on or before November 29, 2018. All project invoices must be provided to City Project Managers by December 5, 2018 at 3:00 p.m. Any work completed after November 29, 2018 shall not be guaranteed to receive payment. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRATOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes, 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within Page 2 of 8 25C-76 the purposes intended by this Agreement shall be at City's sole risk. 7 INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved by the City. Page 3 of 8 25C-77 (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Contractor, without thirty (3 0) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor 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 Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. Page 4 of 8 25C-78 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement, The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) Page 5 of 8 25C-79 P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Contractor: Energy Retrofit Co. 27363 Via Industria Temecula, CA 92590 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. Page 6 of 8 25C-80 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, 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 employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, _ interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Page 7 of 8 25C-81 Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By:. J&fn M. Funk Assistant City Attorney FOR APPROVAL Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONTRACTOR Name: Title: RECOMMENDED FOR APPROVAL David Valentin Chief of Police Santa Ana Police Department Page 8 of 8 25C-82 A C k vain ^kY Mol. -�. � ��y{ ._ � '--s err �' •��° �V- S i � _ �� ` - ,- T- _ _ a �• A ^7hq �;yJ � i e++ ANIFWf- t R_ •Y�r"'—1 — � _rte _ .3 �� a.+.. —.. _~� t'.I—_ ��"Y .E u... ai' A C k vain ^kY Mol. -�. � ��y{ ._ � '--s err �' •��° �V- S i � _ �� ` - ,- T- _ _ a �• A ^7hq �;yJ � i e++ Table of Contents I. Cover Letter and Company Overview.................................................................................2 II. Important Company Facts..................................................................................................3 III. Agreement Statement.........................................................................................:................3 IV. Understanding of Need........................................................................................................3 V. Profile of Services (Firm and Team Experience)..............................................................4 A. Audit Services.............................................................................. .............................................4 B. Lighting Design...............................................................................................................................5 C. Installation.............. ..................................................... ....................................................................6 D. Management of Utility Incentives....................................................................................................7 E. System Maintenance......................................................................................................................7 VI. Key Executives & Technical Staff.......................................................................................8 A. Chris Kirchwehm, President.. ..8 B. Erica Inderwick, Senior Vice President...........................................................................................8 C. Matt Klrchwehm, Operations & Sales Support................................................................................8 D. Craig Kilby, VP of Sales, Business Development...........................................................................8 E. Ben Van Etten, Senior Project Manager—Northern California .......................................................9 F. Ray Walker, Senior Project Manager— Southern California ...........................................................9 VII. Safety....................................................................................................................................9 VIII. Awards...................................................................................................................................9 IX. Relevant Project Experience ........................ :.................... .... Errorl Bookmark not defined.0 X. Project Case Studies........................................................................................................111 XI. Schedule.....................................................................................6.....................................115 XII. References .:::::.:::.:::::.:..:.....:::...... :.:::::.::..::..:... ::::.:.... ::.:::::...... ia..,.::.::::....... ::... ,.:.......... .115 0Emmsy FZErgoFIT 093. saa.sam s.,wrcrseu 25C-84 I. Cover letter and Company Overview Attached you will find our bid and submittal package for your RFP No. 18.071 Santa Ana Corporate Yard Energy Lighting Retrofit project. Since 2008, Energy Retrofit Co ("ERC7 has provided design, engineering, construction, and maintenance of lighting systems for commercial, Institutional, industrial, municipal, agricultural, health care, educational, and food and beverage processing facilities, ERC Is a member of the DLC Energy Consortium and US Green Building Counsel and Is a licensed California Electrical and General contractor. We are also California TIUe 24 Acceptance Testing Certified. We take pride in our reputation for providing quality work and service, We have Installed projects for over 10,000 different customers throughout the state of California. Our highly trained and skilled staff operates as a team: from job -dedicated Project Managers, Estimators, and construction crews, to Certified Energy Managers, LEED Professionals, Title 24 Certified inspectors. Our technicians are company employees, not subcontractors — assuring that you will receive the very highest level of quality and control on yourjob. We are driven to provide our customers with lighting solutions that optimize energy savings at the very lowest possible cost Our business philosophy promotes quality, honesty, value and teamwork. We create a proven team approach throughout the design and construction process on every project. Our experience has demonstrated that this process increases communication and Improves productivity and quality of construction, while saving our customers both time and money. ERC prides itself on the numerous awards that it has received from Caffomles top utility companies, and we are proud of our top-rated safety program, and our industry. leading sustainabllity initiatives. Selecting a qualified lighting services contractor Is an important decision for any customer, since the project they produce will be in service for years to come. As you evaluate potential contractors, you may begin to think that all firms are the same, We are confident that if you took closely you will conclude that ERC is the most qualified, while also offering the very best pricing in the industry. Sincerely, Chris I<irchwehm President Marketing Power Inc dice Energy Retrofit Co. Business Entity: $ Corp ..MN ENERGY RETROFIT Ca. 25C-85 II. Important Company Facts Legal Name & Address Marketing Power inc. dba Energy Retrofit Co (ERC) 27363 Via Industria Temecula, CA 92592 Contractor Licensing California — Class 010 (Electrical) and Class 8 (General) License #924719, Expiration 2019 Insurance Coverage Umbrella Liability Umbrella Liability General Liability General Liability Workers Compensation Automobile Liability Bonding Ability Individual Project Total Bonding Capacity $5,000,000 (Each Occurrence) $5,000400 (Aggregate) $1,000,000 (Each Occurrence) $2,000,000 (Aggregate) $1,000,000 $1,000,000 $25,000,000 $100,000,000 Certifications California Certified Lighting Acceptance.Technician—TGA813924 LEED AP ID&C Small Business ELBE 7 SLBE — Supplier No. 1792774 Lighting Design AGI32 Experienced Southern California Edison — Midstream Supplier Approved, Registered Trade Professional Pacific Gas & Electric — Midstream Supplier Approved, Registered Trade Professional San Diego Gas & Electric — Registered Trade Professional Ill. Agreement Statement We concur with all provisions as contained in the standard agreement attached, IV. Understanding of Need See attached Scope of Work Letter in Exhibit A %,,P ENERaY REFROFIT CO. .S.a-=.T SuuLmm 25C-86 V. Profile of -Services —Firm and Team Experience Most facilities have lighting systems that were Installed based predominately on °lowest upfront costs" versus "life -cycle costs! While this might help make a building less expensive to build, these systems are generally very inefficient and expensive to operate. Overtime, many facilities have upgraded their lighting systems to newer, more efficient systems that, at one time, featured the latest and greatest fluorescent lighting technology. These systems offered energy saving Improvements over the old system, but they still had a relatively short rated life and required expensive maintenance, The great news is that lighting technology has advanced rapidly in the past few years, New solid-state LED lighting, together with innovative sensors and controls, make for a no-bralner improvement at almost every facility, Dramatic product price drops combined with extreme advances In industry technology allow most facilities to find a lighting solution that actually pays for Itself. The economics of a new LED lighting solution has reached the point where waiting for further advancements actually decreases the potential lifetime savings. The biggest challenge for most customers Is navigating all of the possible solutions to find the best lighting system for their facility. Making an incorrect decision can lead to sacrificed light levels or low -quality lights that were cheap to purchase, but expensive to maintain in the long run. With -over 10,000 projects-underourbelt; we know lighting=thafsall we -do. -Our sward4nning team can analyze your facility and prepare a proposal that will give you a state-of-the-art lighting system that Is designed for maximized energy savings, the absolute longest rife, and improved lighting levels for your facility. Our step- by-step process for reaching this goal is described below. A. Audit Services The service we provide frequently begins with an energy audit of the facility. This service includes the following: • One of our experienced lighting auditors visits the site and conducts a physical Inspection of the facility. The accuracy and completeness of the information collected during this phase is.crucial to assist our design team In developing accurate energy calculations and scope of work. The facility type and utility program may determine specific auditing guidelines, but in most cases the following Information is collected during the audit phase: o --Itemized counts of all existing fixture types and wattages o Pictures of each fixture and lamp types for existing fixtures o Equipment requirements for safe installation (ladders, lifts, etc.) o Electrical company, current kWh rate, and demand charges o Existing righting controls, dimming, and emergency backup systems o Current and projected operating hours for each area to be upgraded o Any additional pertinent information noticed during the audit— this may vary from building to building • Finally; our auditors will consult with representatives from the facility to determine the client's goals and expectations. We will educate the client on diverse options and capabilities of the latest in LED Lighting technology. ENERGY RETROFIT lin. awns ^Mw �.+� nm4n 25C-87 B. Lighting Design Our company offers lighting design services for every project This step of the process is critical and features the following: • Our design team will thoroughly review the Information collected by our auditor so that we can better understand the existing lighting system. • Upon review, we will prepare a proposal to provide the client with a detailed financial analysis and our recommended LED lighting & controls to be installed. Our team will design one or more options based on the following general guidelines andlorgoals for each facility; o Match or improve current light quality and output 0 Specify LED retrofit kits where possible and new LED fixtures when retrofit kits are not the desired option. o If operating hours are extremely low, or the fixture cannot economically be replaced with a new fixture or retrofit kit, we will typically specify `Type K TLED lamps with new ballasts, P Our process Includes design of the proper lighting controls technology. This step is frequently overlooked by many --competitors; but it has been shown that when properly designed and installed, lighting controls can reduce buildings' energy use by an additional 24-38°%. Our process includes the use of occupancy, daylight, and dimming controls when appropriate. We have our own in-house CALTCP certified Acceptance Techniclan to ensure that the system complies with state or local energy codes. If a customer has specific{Ilumination standards that must bsmet, w6have.13-hquse ability to desidn a system based upon accurate photometric predictions for light levels. o ERC s certified lighting designer utilizes A13I32 Lighting Software, the industry standard for accurately calculating both Interior and exterior light levels. o The customer's existing Ilghting fixture schedule along with CAD drawings are collected, and the information is then input Into the A0132 software. The software allows our designer to simulate the new Illumination levels with the proposed LED fixture. a Our designer can then select the appropriate LED fixture that produces the Customer's required foot candle measurements. • Value Engineering Is a key component of our process. We believe there is always great opportunity in the LED lighting to identify materials and construction techniques to reduce project cost without compromising the quality, aesthetics, or reliability of the new LED system. Our design team works �'FNERGY REYFmvcr M 25C-88 closely with purchasing to ensure we are recommending the most efficient LED lighting technology from proven suppliers. Pdorto completion, our design team will review the final proposal to ensure thatthe following details have been clearty articulated; o Total project cost for a 9um•key" LED upgrade. o Utility company rebates and incentive amount where applicable. o Existing and New fixtures wattages, and annual energy costs. o Annual energy & maintenance savings calculations for each individual fixture type and fixture location throughout the facility, o Return on investment (ROI), as an annual return on -capital Invested. o Lighting Service Agreement (LEA) payment and cashfiow calculations. A meeting will be scheduled to review the final proposal (s), and adjustments can be made to complete the clients project requirements and objectives. C. installation We always offer a turnkey installation process with every project. With over 10,000 projects installed to date, we know how to safely install a project In every type of setting. Our goal is always to install the project Aout the eustomerever knowing we were even there. Our process for Installation includes t e liovW#. o Pre -Installation Process • Upon receipt of the Notice to Proceed from the customer, we will hold a planning meeting to ensure that the project Is set up for success right from the start. This planning meeting will include final notes from the audit, information gathered from the customer, for example — best time to perform work, where materials can be stored, building priority, rules for working atthe facility, etc. • The fixtures will be ordered, and our plan will be clearly communicated to the site contact. We will send several emalls detailing when the fixtures are expected, when we plan to install, where we will be starting, etc, o Installation Process • Our technicians will work in teams of two to four per team. Each team will make sure that all fixtures and sensors are operational prior to leaving the room. Our technicians are company employees, and not subcontractors. • The work will be performed during off -shift hours at whatevertime is best for the customer. • The crew.will clean as they go and it will be their plan to leave each room without evidence of having been in the space, They are detailed and thorough in their cleaning of the space prior to moving on to the next rooms. • The Interior areas will all be completed before starting the Exterior fixtures. o Post- installation • After the installation has been completed, we will ask the customer to conduct a post Installation verification walk with the lead supervisor. During this time, both the customer and ERC representative can identify whether or not a punch list Is required and/or if the project can be signed off as complete. If a punch list is required, our team will work diligently to complete these action Items and report back to the customer once they have been wrapped up. EMEMSx REMEWIT GO. 25C-89 • After all punch work Is complete, our Supervisor will provide a detailed hands-on Training Session for the customer so that everyone understands how the system works, and how to modify settings on the Sensor Controls. • Our Supervisor will also leave behind copies of warranty and installation instructions for each of the different fixtures and sensors that have been installed on theproject. D. Management of Utility Incentives ERC is a registered Trade Professional with each of California's Utility companies and has dedicated personnel on staff to manage the various utility rebate and incentive programs that are available throughout the state. ERC is familiar with such programs and the rules and requirements for each — this Is critical as these program rules are constantly changing and can dramatically effect the rebate that is obtained (or -lost) for a given project. Our team will work closely with the utility company to review all product details, such as verifying that all products comply with the appropriate qualifying list (DLC, Energy Star, POL, etc.) for the rebate program in the area. We will also ensure the rebate paperwork Is collected and filled out properly and that submittals are made in a timely manner. In addition to the local rebate and incentive programs, ERC has a dedicated staff that is available for On -Bill Financing processing. This includes, but is not limited to, completing the OBF applications and OBF .supplemental worksheets, havingknowledge of customereltglbllity, understanding loan limits and terms, and most Importantly —knowing how to navigate the utility company process for these OBF loans, ERC Is the recognized leader in California for knowledge of rebates, incentives, and 08F loans. This knowledge Is critical as it can lead to "found money" for projects, where no rebate was thought to exist Equally important, the expertise is critical to ensuring that every customer receives the full rebate that is available for alighting project being planned. E. System Maintenance We provide warranty service for every project we install, and our team Is always ready to provide this service should a client find that a fixture has failed. We typically provide 48-hour service for these warranty Issues, We can also provide a quote for a plan that features an extended warranty for any customer that prefers to never have to worry about lighting maintenance in the future. This approach allows the customer to focusan the more pressing areas of their business, while we ensure their lights are always working. ENERaY RETROFIT Go. �s amry x.,K.rws 25C-90 A Key Executives & Technical Staff A. Chris Kirchwahm, President Bachelor of Arts, UC Irvine American Lighting — VP Use & Marketing 2003.2008 Energy Retrofit Co. 2008 -Present o President and Principal o Oversees all aspects of safes and operations o Responsible for lighting retrofit projects in excess of $30M o Intimate knowledge of CPUC guidelines for energy projects and all CA incentive programs o Actively maintains relationships with wide variety of manufacturers for CA utility qualified LED products o Maintains product standards for ERC In compliance with Title 24, DLC, Lighting Facts and Energy Star requirements B. Erica Inderwick, Senior Vice President Bachelor of Science, Azusa Pacific • American Lighting—VP Operations 2001-2015 Energy Retrofit Co. . _ _...". 2015 -Present o Senior Vice President o Responsible forcompiying with all utility program requirements o Ensure compliance with all safety and installation requirements o Provide customer interface forjob scheduling, warranty issues and general customer satisfaction o Maintains a clear understanding of prevailing wage. requirements In accordance with 2015 CA DIR standards o Manage rebate process and ensure highest possible rebate is obtained C. Matt Kirchwehm, Operations & Sales Support • MBA, University of Phoenix • Bachelor of Arts, Business, UCSD • CoStar Commercial Real Estate • Energy Retrofit Co, 20MPresent o Operations & Solas Support o LEED Green Associate o Title 24 Certified ATT o Works with suppliers and customers to ensure all technical requirements are met D. Craig KIIby, VP of Sales, Business Development Bachelor of Science, Electrical Engineering —Virginia Tech 25 Years Sales & Management Experience —10 Years in 1`1000 Companies Energy Retrofit Co. 2011 -Present o Manage Sales Team of 12.15 Outside Sales Reps o Intimate knowledge of Lighting Applications & Custom Solution Development o Responsible for Sales Enablement, Training, and Sales Processes o Manage eCommerce Operation 0%E"E SY iZETxUFrr Ca. 25C-91 E. Ben Van Elton, Senior Project Manager—Northern California American Lighting, VP Operations 2001.2008 o Responsible for all crews and all large projects City of Bakersfield, Lead Electrical Tech 2009-2017 o Led effort to install 15,000 City Street Lights Energy Retrofit Co. 2017 -Present a Certified Journeyman Electrician o Leads & supervise large scale projects with focus on Schools & Government jobs o Extremely familiar with all aspects of electrical wiring and electrical code requirements o Extensive experience with Public Works and Government code projects F. Ray Walker, Senior Project Manager—Southern California Energy Retrofit Co. 2008 -Present o Certified Journeyman Electrician o Leads and supervises large scale projects o Extremely familiar with all aspects of electrical wiring and electrical code requirements o Extensive experience working on public works projects specifically K-12 and higher education facilities including DSA Inspections o Familiar with all types of lighting applications VII, Safety ERC's staff are fully trained in all aspects of safety principles, The company has implemented an Injury Illness Prevention Plan (IIPP) concerning daily work activities and potential hazards for all company employees. The corporate IIPP manual provides all employees with detailed descriptions of typical scopes of work, instructions to safely carry out each task associated with individual work assignments, and preventive measures necessary to complete the work assignments In a productive and safe manner. Safety for its employees is one of ERC's core concerns. With a comprehensive and detailed. safety plan (IIPP), job -site safety meetings, a policy of rewarding employees for continued safety training and our requirement that all core foremen receive 30 hours of OSHA training, ERC's safety policies are realized from the top down. ERC Is proud of Its current EMR rate of .76. VIII. Awards The company has a long and proud history of success In California, ERC has received numerous awards from California's top.Utillty Companies. A partial list of these awards includes the following: • Southern California Edison: o tsr Piece — Highest kWh and kW Energy Savings Contractor o Greatest Number of Controls Installed • Pacific Gas & Electric: o Top Performer—Total kW & kWh Savings—Area 2 o Top Performer— Total kW & kWh Savings — Large Commercial Office o Top Performer — Total kW & kWh Savings — Fabrication 0 outstanding Achievement — Total kW & kWh Savings — Overall PGE Territory o Outstanding Achievement — Total kW & kWh Savings — Areas 1, 5, & 6 o Outstanding Achievement — Total kW & kWh Savings — Fabrication EraERisv RETRoFrr Cr. 25C-92 IX. Relevant Project Experience O T 0EA PCOMMEWALWINDUST IAL1,COOL o&CDL 03gs Commonwealth Audi Canon USA Poway USD Mercedes of Son Diego General Atomics San Lorenzo USD Lexus Escondido UnderArmour San Bruno USD Kearney Mesa Acura FedEx Rialto USD Newport Beach Lexus CBRE Pajaro USD Penske Auto Irvine Company Jones Lang LaSalle Robert Half International Orangewood Elementary Edison Middle School Calvin Christian School JOW,NO , A ON DY California Highway Patrol Buena Park Library Lockheed Martin St Joseph High School Anaheim Convention Center Trane Corporation Escondido Christian Cit of Tem cula Sierra Pacific Properties Frito-Lay Penske Automotive Marin County High School Foothills* Christian High School Saint Joseph Academy Hyatt Aventine Oakland Airport Hilton Trader Joe's Christ Lutheran Elementary Palm Springs Marriott Pell Development Dover Elementary Sacramento Double Tres by Hilton Electrolux Sierra Charter Wyndham—Irvine _.Goodyaar__.- . .. .......... R.IQhland USD Hilton Arden West General Wills Bishop O'Dowd High School Ba air Center Mall Hitachi SutterHome Quaker Oats River Delta USD Bellarmine College Prep Coleman University -'HQ8P 5AV% IrA ITCA Scripps Health Sharp Community Medical Group Del Monte Santa Sophia School Abbott Laboratories Hitachi San Bruno USD Dr Leads Dan !M ING -Pottery Ram San Diego Zoo Cottonwood Charter Coast U81) River Delta USD Solana Beach Presbyted n Sunbelt Parking Lot North San Diego Association of Durham USD West Pointe Shopping Mall Realtors KIPP College Prep River View Sperry Commercial Santa Rosa Junior College Winepress Wilsons Creek Winery UCSF Neurcisciences Institute Ralnin Instrumental Nanosys Inc. Oak Manor Elementary Rabobank Hunter Industries Laney College Fitness Evolution Atlantic Power Corp Antelope Valley School District World Gym Paperwork Industries University of Phoenix Storage West American Sports Center 061 Mar Pines OF% ENERSY REMOM CEL And Many Others....... 25C-93 10 X. Project Case Studies Poway Unified School District 37% Annual Energy Savings PROJECT DESCRIPTION This project was installed for the Poway Unified School District in Poway, California from 2014 - 2016, ERC worked as.a subcontractorfor Samhom Construction and together the companies won a bid RFP that was valued at $1.5M. The project featured funding from California Prop 36, as well as significant rebates from SDG&E, SCOPE OF WORK Project Images ✓ Designed and installed new LED lighting for two elementary and two high schools in the PUSD. ✓ The retrofit solution included the replacement of all HID and Fluorescent technology with LED. ✓ CREE LED troffer fixtures, CREE BI -Level wall packs, LED Can retrofit kits, LED Type A Tubes with new ballasts, and CREE Area Lights. ✓ installation of low voltage 0.10V dimming controls in all classrooms and offices. ✓ Overall reduction of 37% in energy use. ✓ Overall project cost =$11M. PROJECT CHALLENGES & SOLUTIONS ✓ The District stated It was Important that the new dimming controls technology be easy to use by the school room teachers and the school staff. ✓ Our Team designed a Lighting Controls Solution that included occupancy sensors, controls, and dimming technology that were easy to use by the. staff. ERC offered a commissioning process which featured both training for the staff as well as system setup in each room. ✓ Low Voltage 0-1 OV dimming controls were designed to ensure that dimming circuit #1 controlled the two fixtures directly in front of the classroom projector screen, whereas the balance of the fixtures in the classroom were controlled by dimming circuit #2. t 41EmERsy REmoFir Co. 25C-94 11 UTC Aerospace 55% Annual Energy Savings PROJECT DESCRIPTION UTC Aerospace awarded a design•build contract to Install new LED lighting to Improve safety in the "high traffic° areas surrounding the exterior areas on their 18 -acre Riverside campus. Because of the dramatic Improvement in exterior lighting, UTC management requested that ERC perform additional upgrades in critical Interior work environments, Including the Airbus airplanes assembly building. Protect Images SCOPE OF WORK ✓ Designed & installed new LED Itghting throughout the campus. ✓ The retrofit exterior solution Included the replacement of all High -Pressure Sodium Ilghting with LED Lighting design software (AG192) was used to ensure that new lighting would be significantly Improved in all areas ✓ New LED High Bay fixtures were installed to replace T5 Fluorescent In the Airbus assembly building ✓ Overall reduction of 55% in energy use, ✓ Total project cost - $550,000 (additional work ongoing) PROJECT CHALLENGES & SOLUTIONS ✓ The outdated High -Pressure Sodium lighting offered poor light quality and coverage, UTC management had deemed the roadways on the property to be unsafe for employees. ✓ New LED Area lights, Flood lights, and Wall packs were installed throughout the campus dramatically Improving light output and coverage, Improving overall visibility and safety. ✓ Our Team designed a High Bay LED solution for the Airbus assembly area to both improve light levels and Incorporate 0.10V dimming technology to allow the assembly technicians to dim the lighting during a .process that requires the use of lasers to guide them when assembling critical components of the aircraft. Q 7N.ENERmy RErRoFwr Com. Ly. Sb 'Aw.g Mc 25C-95 12 Aromas — San Juan Schools 65% Energy Reduction PROJECT DESCRIPTION The Aromas i San Juan Unified School District posted a competitive -bid, Request For Proposal for a lighting upgrade project to be performed at schools In their district. The bids were reviewed by the District and the contract was awarded to ERC. The project was completed ahead of schedule, under budget, and with no change orders. The project featured rebates that were managed by ERC, and Prop 39 funding as well. Prolact Images SCOPE OF WORK ✓ The project featured over 1300 now LED fixtures for the Interior areas of two schools. ✓ The project also featured extensive use of motion controls for all the lights on the project. ✓ The project was installed during the school year, while school was in session. ✓ Overall project cost= $215K. CUSTOMER TESTIMONIAL "I am writing to recommend Energy Retrofit Company for any electrical Installation that you might have. Their crew was nothing but professional and courteous. The team was on time, worked clean and would work around any events that we -had going on at the school. t have no doubt Energy Retrofit Company would be a value to any organization that would choose to use chem. l give my highest recommendation. If f can provide any further assistance, do not hesitate to contact me." - Daniel Carrillo ETCVIRGY RErpmRT Co. 25C-96 13 Anaheim Convention Center $360,347 Annual Energy Savings PROJECT DESCRIPTION Anaheim Convention center awarded Energy Retrofit Co. a contract to replace their outdated T12 Fluorescent HO fixtures. After the initial contract was completed, the facilities staff requested ERC to deslgn•build additional work to complete the exterior lighting, office lighting, and parking garage lighting. The additional lighting work was done as a 'change order to the initial.contract and was paid for using a combination of U.S. Department of Energy's Energy Efflclency and Conservation Block Grant (EECB4) Program and Anaheim Utility Rebates. Project Images SCOPE OF WORK ✓ Replaced over 2000 T12 fluorescent fixtures with new low wattage fixtures with bi-level occupancy controls In the parking garage. ✓ Retrofitted all Interior office lighting and all common areas with new low wattage system. ✓ Energy savings exceeded $380K per year. ✓ Overall project cost = $785K. PROJECT CHALLENGES & SOLUTIONS ✓ The convention center and parking garage were extremely busy— operating 24 hours per day, every day of the year, with no down time for an installation to be scheduled. • The ERC installation team worked closely with faciliities management to coordinate product delivery and installation between convention center event dates, ✓ The ERC Installation team worked double shifts to ensure that all 2,000+ convention center hall fixtures were safely installed in under 45 days, with no impact to the centers schedule of events. QEMER15Y RE RCIFrr Co. 25C-97 14 A Schedule Our Company will work closely with the City of Santa Ana to ensure the project Is completed on or ahead of schedule. We have installed similar projects for other public agencies and have had tremendous success with meeting Customer expectatlons for project completion. The Initial plan for project scheduling is shown below (dates will change, based upon approvals from the City). Our current workload and backlog allow for us to accept this project and have a dedicated Project Manager and Electrical Supervisor to oversee the onsite crew. XII, References Anaheim Convention Center Kell! Tunnicliff, Purchasing Director, 562-209.0037 City of Temecula • Bruce Wedeking, Facility Maintenance Superintendent, 951-699-1403 City of Roseville o Charles Aycock, EIM Systems Coordinator, 916-746-1838 ENERGY RETRCtFrr Co. �ys+mw a„;,rorm�r 25C-98 Fry Project Activity Milestone Date Award of Contract/ Notice to Proceed NTP September 4 2018 Order Materials September 4, 2018 Site Preparation and Pre -Inspections September 17, 2018 Installation Begins September 19, 2018 Sensor Installation / Commissioning October 19, 2018 Punchwork October 25, 2018 Pro act Complete October 29, 2018 XII, References Anaheim Convention Center Kell! Tunnicliff, Purchasing Director, 562-209.0037 City of Temecula • Bruce Wedeking, Facility Maintenance Superintendent, 951-699-1403 City of Roseville o Charles Aycock, EIM Systems Coordinator, 916-746-1838 ENERGY RETRCtFrr Co. �ys+mw a„;,rorm�r 25C-98 Fry EXHIBIT A SCOPE OP SFRVICES 34 of 41 25C-99 ; ENER13Y RETROFIT Cion Sai4n� ,�aer�,y &mN .02my City of Santa Ana Corporate Yard Attn: John Aguilar / Christy Kindig 714-647-5008 Scope of Work — Santa Ana Corporate Yard Lighting Retrofit Total Project Cost Base Bid - $244,599 - Title 24 Certified • The base bid includes all new LED fixtures to be installed. (troffers,strips, highbays, vaportites, and exterior fixtures) • Title 24 occupancy sensors will be Included in: 0 offices less than 250sf o conference rooms o restrooms o exteriors o warehouse strips, vaportites, and highbays will get an individual sensor • Daylighting has been added to offices greater than 250sf but a walkthrough will be needed to. verify where the windows are located. Daylighting pricing is an estimate. • Title 24 will be followed and engineered by a CALTCP Technician for this project. • Estimate SCE Custom rebate based on Scents KWH plus 1SOM and operating hours of 12 hours per day 5 days a week. (not included in bid $28,286) Alternate bid includes full dimming, occupancy, daylight, and Tablet Scheduling - $s328,049 • The base bid includes all new LED fixtures to be installed. (troffers, strips, highbays, vaportites, and exterior fixtures) • Title 24 occupancy sensors will be included in: o offices less than 250sf o conference rooms o restroom$ o exteriors o warehouse strips, vaportltes, and Full dimming Is included on everyjniOM ENERGY FZETRoFiT Co. 53+2M9 afflTy SBrM money • Fixtures can be wirelessly scheduled on a tablet. They can also be commissioned and grouped as desired. • Estimate SCE Custom rebate based on Scents KWH plus 15OKW and operating hours of 12 hours per day 5 days a week. (not included In bid $28,286) 25C-101 m -.21. 1 AqN 1.29 OL 'AON-81 9L-AON-�L 0 %-AON-90 W-PO.6Z 0 9L-tO0' ZZ OL -IDO- GL ft -100 - 90 MV 9 L - des - o t oL . dQ$ - to BABO eleldwoo 94ea 117,J SAeCl BUIXJQAA aleldwoo % (SAe(]) uoqeincl. m 25C-102 0 0 0 0 25C-102 MV A I 117,J 32 3L 25C-102 EmdroTech 'tN Light9ng LED Fixtures — High Bay Applications: Warehouses, Retail, Gymnasiums, and much morel Product features: • LED Saves 60-75% of energy over HID and 40-50% over T8/75H0 • Die formed 24 gauge cold -rolled steel body. All steel surface are post -painted with high gloss baked white matte power painted. • V•Clips for Dual Point Chain or table Hanging. • Tookess Hinged bottom LED Driver access doors. • Included high transmission opaque acrylic lens. • High Power LM80 Approved LG Gen 4 LED's • ESPEN Class -2 Constant Current UL Listed Dimmable LED Driver • optional offlevelOccupancy Sense r • DeslgnUghts Consortium Premium (part codes listed in box below) • 10 years warranty,100,000hrs Ufespan Product specifications: LED TYPE: Seoul 3528 Chips • WATT$: 110W, 260W, 220W, 320W • EFFICACY: � 130+ Lm/W (delivered) • GRI: > 80 Ra • COLORTEMP: 5000K (Optional 4000K) • BEAM ANGLE: 150 Degree DRIVER: Espen Constant Current Driver VOLTAGE: 120-277VAC FREQUENCY: 50/60Hz Included 0-10V Dimming • • • DIMMING; • POWER FACTOR: • TND: > 0.95 < 20% t o enyirote6fig ttina-c:om EI-MYZ7i ESPEN ®®® 114Cv 14,41)Irri: .24":11:13"`.if 5" i 16OW 21,222Im 24" x 13" x 4" r,„+•2.QW`'.:29�2S�I0ls�':�.45"�14.�3"��,(4"::: 320W 42,0511m 46" x 13" x 4" MET—,- .�et�� es �'4"re�i ��. sz .� r: t,g#+. a tc,�d � -�' �eti(y�`a�eP `��y vl� �QPgcl`uctJQ'.:. „s a • jF `�' 'J-;`�'i t2 ”' 3 �'�."' '; v '}4i��vrh' , 110W ENV-LHQ7IMSK PL5027CO*9 160W ENV -1.1-1117-160-51( PLPIP7FUFBV2 220W. €NV-LHW77.nQ•SK; PL74W411106F 320W ENV-LHB7-320-SK PUDA91UTM77 FIXTURE: • MOUNTING: Provided V -Hooks, Optional Pendant Mount � • OPTIONS: Occupancy Sensor, 81 -Level, Wire C( L us IIj<f! i ZigBee Guard, Pendant Mount, Wireless USiEa Controls, and EM WARRANTY: 10 Years EnvlroTech Lighting Confidential, Rev 0118 25C-103 ,PtV4%k' Lig}ttjttg LED Fixtures — Radial Strip &Retrofit Applications: Warehouses, Manufacturing, Parking Garages, Retail Product Features: • LED Saves 60.7S% of energy ever HID and 40.50% over T8/TSHO • Die formed of 24 gauge cold -rolled steel body, post painted with high gloss baked white matte power painted, • V-CBps for Dual Point Chain or Cable Hanging. • High Power LM80 Approved Seoul 3528 LED Chips • ESPEN Class -2 Constant Current UL Listed Dimmable LED Driver • 0-10Vstandard dimming, optional BUeve/OceuPoncySensor • 10 years warranty,100,000hrs Lifespan Product Specifications: LED TYPE: Seoul 3528 Chips • WATTS: Strip Fixture: 25W, 46W, 38W, 52W • FREQUENCY: Strip Retrofit: 23W, 46W, 38W, 54W • EFFICACY: - 13D+ Lm/W (delivered) • CRI; > 80 Re • COLOR TEMP: 5000K (Optional 4000K) • BEAM ANGLE: 200 Degree DRIVER: Espen Constan4Current Driver • VOLTAGE: 120-277VAC • FREQUENCY: 50/6OHa • DIMMING: Included 0.10VDimming • POWER FACTOR: > 0.95 THD: <20% FIXTURE: ENV-LRSRK•8L-38W5K • FIXTURE MOUNTING: Provided V -Hooks and Surface Mount • RETROFIT MOUNTING: Attaches To Existing Fluorescent 54W Channel • OPTIONS: Occupancy Sensnr,Bi-Level, EM, ENV -LRS -SH -52W -5K Wireless Controls WARRANTY: 10 Years 23W ENVAMRK-4-23W-59 PCM4QHQG 25W ENV -LRS -4L -25W -SK PLOKSW7LLOF3 46W ENV-LRSRK-4H-46W-5K P7MX801W 46W ENV-LRS-4VH-46W-SK PL364HMTQ4P2 38W ENV-LRSRK•8L-38W5K FQS897T6 38W ENV-LRS-8L48W-5K PLNMXT82ZQ 54W ENV-LRSRK-8H-54W-5K- PAVZ616Fi 52W ENV -LRS -SH -52W -5K PLFP0160AEL4 90W ETLsN-S-aW6L/90/YbM5K P7FNWGZL www.enviraterh9i0hUmcom 888-760-4422 ""ESPEN- EnviroTech UghtingConfidential, Rev 0118 25C-104 k r.'7:/� {'!.l Btrgf(t ... 2AV , :10901tii ..: 0 '. strip 25W 3,2501m 4' Retrofit 44W; .00010. 4i Strip 46W 5,9801m 4' Retrofit 38W 0461m.. 8' Strip 38W 4,94018 8' .Retrofit 54W 7,0201'm 8' Strip 52W 6,7601m 8' Strip 9OW 11,7001m 8' EnviroTech UghtingConfidential, Rev 0118 25C-104 k r.'7:/� {'!.l En /I ®Tsc L19ht3ng LED Fixtures — Recessed Troffer Retrofit Applications: Recessed Office Lighting, Hospitals, Retail, Universities Product Features: • LED Saves 501Ya-60% of energy over fluorescent T8/T5. • Retrofits Fluorescent recessed troffers in minutes—with no need to dispose of existing fixture body. • Simple, tool -less installation with easy access to components for future maintenance, upgrades, • Die formed of 22 gauge cold -rolled steel body. Post -painted and powder coated with high gloss baked white onamel finish. High transmission diffused opaque lens gives uniform light output: • LED Class -2 Driver with 120.277v and 0-10V Standard Dimming. • DesignUghts Consortium (DEC) Listed Below • 10 years warranty,100,000hrs Lifespan Product Specifications: LED TYPE: Seoul 3528 Chip • WATTS: 18W, 23W, 36W • EFFICACY: ^ 132t Lm/W (delivered) + CRI: > 80 Ra • COLOR TEMP: 40POK (Optional 3500K, 5000K) DRIVER: Espen Class -2 Constant Current Driver • VOLTAGE: 120.277VAC ° FREQUENCY: 50/60Hz • DIMMING: Included 0-10V Dimming • POWER FACTOR: > 0.90 • THD: < 10% FIXTURE; DIMENSIONS: • MOUNTING: • OPTIONS: WARRANTY: 1x4/2x2/2x4 Recessed Parabolic, Prismatic, and Direct/indirect Tubes Emergency Driver And Controls 10 Years www.enviirotechnlaWnLr.com 888-760-4422 jESPEN" 23W 24L 2x4 31001m 23W 14HLP 1x4 29SOIni Tv .2 KV3L17V 23W ENV-LRTRK-14HLP-23-4K EnviroTech Lighting Confidential, Rev 0118 25C-105 ErlvroTech L i g h t i n g LED Fixtures — Area light AL -Series Applications: Parking Lots, Pole Lighting, Flood Lighting, Wall Mount Product Features: • Replaces inefficient HID pole, wall, and floods up to 1500W. • The one piece die-cast aluminum housing with UV resistant polycarbonate optical lens, outstanding corrosion protection. • Flexible mounting options for square or round pole mount, slip fitter or wall mount. Attractive Bronze Color— optional custom colors • Photocell (twistiock) and occ Sensor for BI -Level Dimming. • Replaceable LED boards for easy maintenance. • Custom Optics Options —Type 3, Type 5 LM -79, LM -80 tested, up to 100,000 hour lifespan • DLCClasslfication: Premium (4.2) • DLCPdmary1Jse.Outdoor Pole/Arm-Mounted Area and Roadway Luminaires wtnnv. a nvi rotechiightin g.com 888-760-4422 AL -Series AL Series Show With Optional Bi - Level Sensor Product Specifications: LED TYPE: IP66 Rated LED Light Fixture 40 5,666 L h 25OW • WATTS: 40W, 70W, 105W, 150W, 200W, 30OW 70 9,500 Lm 320W • EFFICACY: - 130 Lm/W (delivered) • CRI: >90Ra 105 13,406 Lm 500W • COLOR TEMP: 5000K (3000K, 4000K —Custom Order) 150 21,000 Lm 575W DRIVER: • VOLTAGE: 120-277VAC, (Optional 480VAC) 200 24,500 Lm 75OW • DIMMING: 0-30v Standard 300 40,000 Lm 1500W • FREQUENCY: 50/6OHz • POWER FACTOR: > 0.95 • THD: <15% FIXTURE: 40 ENV-AL-00W-XK-AM6-T3 N/A • RATING: DI • DIMENSIONS: 11.2 11.26"x12.4" (40-105W) 70 ENV-AL-70W-XK-T3-T3 PLR39NTOT1D8 8.9"X12,4" (150-200W) 105 ENV-AL-105W-XK-AM6-73 PLY70CE1586 16.4"X11.06" (300W) 150 ENV-AL-150W-XK-AM643 PLZKASKDGFIC • MOUNTING: Pole, Tenon, Wall, Trunnion 200 ENV-AL-200W-xK-AM6-T3 PLR6o9VC9WQw • OPTIONS: Custom Optics, Bi -Level with Sensor, Custom Color 300 ENV-AL-300W-XK-AM6-T3 P9PFDSKS Warranty: 10 Years C UL US IIJAq f USTED EnviroTech Lighting Confidential, Rev 0118 25C-106 EXHIBIT C CERTIFICATIONS 36 of 41 25C-107 APPENDIX ATTACHMENT 3-1_ NON -COLLUSION AFFIDAVIT CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA C.ORPORATF. YARD ENERGY LIGHTING RETROFIT RFP NO.: 18-071 _NON -COLLUSION AFFIDAVIT (7 itle 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not ittade in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizationor corporation; that tile , e bid is and not collusive or sham; that the BIDDER has not directly or indirectly induced orsolicited any other BIDDER to put in a false or Shamble, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has net in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note; The above Non -collusion Affidavit is part oFthe Proposal, Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the cent! to criminal prosecution. Signed OIL State of California County of }2 f ndt Subscribed and sworn to (or affirmed) before me on this Z 11 day of V1l � ; 20(9 by hl/I t, �(/ Aeg� �[ {{i((q Wl tome on the basis of sat' evidence to be the person(s) who appeared be12 me. Notagn Notary Public Seal 37 of 41 25C-108 CHRIST A IYNNR Notary Public • Callorinla Riverside County a Commaslon A 2242117 My Comm, Ezplres Aug 2, 2022 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE g 1189 A notary public or other officer completing this certificate verlffes only the Identity of the individual who signed the document to which this certificate is attached, ond. not the truthfulness, accuracy, or validity of that document. State of Calif�4/Iola �I l County of I` i U��yA10 j(119- On 119_ (} J�} t, P 1 (, t / On �'r 11, G018before me, l'N IV1Si W )jf A l(Y3er) KQ1_ r(4 NI Date _ Here Insert Name and Title of the Office— r personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/thelr authorized capecity0es), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. CHRISTINA LYNN HENRICKSEN Noumy Public• Callfornla g - Riverside County commission N 2252147 my comm. Expires Au12. 202 sir Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A Signature of Notary Public Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description' of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capeclty(les) Claimed by Signers) Signer's Name: ❑ Corporate Officer — Title(s): El Partner— ❑ Limited © General p Individual ❑ Attorney in Fact 17 Trustee o Guardian of Conservator O other. Signer Is Representing: Signer's Name: O Corporate Offlcer — Title(s): • Partner— o Limited ❑ General ❑ Individual D Attorney In Fact ❑ Trustee O Guardian of Conservator O Other: Signer Is Representing: A >."t ti :Nt9: -i i uli..i )i )! �ti. !alet-n: i.I P :. i. i -ik!'� ♦ I a I� eF.. :. !,.I) n i.:P: 1..;Tif:!yl%P-..1..r:J ' 'J' C .!'. . 02017 National Notary Association 25C-109 APPENDIX ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA CORPORATE YARD ENERGY LIGHTING RETROFIT RFP NO.: 18-071 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalfofthe undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member or Congress, an officer or employee of Congress, or an employee of Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification ofany federal contract, grant, loan, or cooperative agreement. 2. If any finds other than federal appropriated funds have been paid of will be paid to any person for influencing; or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee ON Member of Congress in connection with this federal contact, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation Offset upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction Imposed by section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penally of not less than $10,000 and not more than S 100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontacls, which exceed $100,000 and that all such sub recipients shall certify, and disclose accordi ugly. Marketing Power Inc dba Energy Retrofit Co Signed and Printed Name: Chris Kirchwehm Title Date 08/2112018 38 of 41 25C-110 APPENDIX ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SANTA ANA CORPORATE YARD ENERGY LIGIiTING RETROFIT RFP NO.: 18-071 The undersigned consultant or corporate officer, during the performance ofthis contract, certifies as follows: I. 'file Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoffor termination; talcs of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2, The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. I The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said. labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and, will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with Stich rules, regulations, and orders. 6. In the event of the. Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contacts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided, in Executive Order 11246 of September 24, 1965, m• by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the 39 of 41 25C-111 administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States, 8. Pursuant to California Labor Code Section 1735, as added -by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because ofrace, religious creed, color, national origin, ancestry, physical handicaps, mental' condition, marital status, or sex ofsueh persons, except as provided in Section 1420, and anyconsultantOfpublic works violating this Section is subject to all imposed for a violation of the Chapter the penalties Signed: Chris Kirchwehm Title: President Firm: Marketing Power Inc dba Energy Retrofitco . Date: 08/21/2018 40 of 41 25C-112 EXHIBIT D ADDITIONAL PROVISIONS 41 of 41 25C-113 MAYOR Miguel A. Pulldo MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benevides Vicente Sarmiento Jose Soloro Sal Tlnalero Juan Villages August 20, 2018 CITY OF SANTA ANA 20 Civic Center Plaza a P.O. Box 1088 Santa Ana, California 02702 wwwsanta• ne a.am ADDENDUM NO,1 RFP NO. 18.071 ENERGY LIGHTING RETROFIT AT THE CORPORATE YARD DATE DUE: AUGUST 21, 2018,4:00 PM QUESTIONS & ANSWERS CITY MANAGER Raul Gcdtnsz II CITYATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Made D. Hulzar 1. The RFP states that zone sensors cannot be battery powered, They must be hardwired. Will you accept sensors that are powered by ambient light? Yes, so long as the technology is commercially proven and warrantied. Also, please ensure that specification are provided 2. Will you accept wall switches that are wireless and powered by kinetic energy? Yes, you must ensure that specifications are provided. 3. SoCal Edison no longer offers much in terms of customized rebates for lighting. But they do have a Midstream Point of Purchase program where the rebate Is.paid directly to the distributor and the price is reduced on the invoice by the amount of the rebate. For this rebate program, there is no application or Trade Pro requirement with SCE. If the proposal Is priced with the Midstream Point of Purchase program, must the contractor still become a Trade Pro? The Midstream program is NOT and will not be leveraged for this project, the customized incentive program is being utilized. Contractors MUST be TradePros. 41 The energy section of the California building code (Title 24, Part 6) does not require occupancy sensors or daylight harvesting, if there is a 50% reduction in rated power In office spaces and 35% in other types of space. Is Santa Ana voluntarily going above code with daylight harvesting and occupancy sensors? You can get great energy savings at a much lower cost without the controls. As a rule of thumb, controls save 20%. But in this case, that 20%p is achieved on the LED energy consumption. If you save 50% with the LEDs, the incremental savings generated by the controls is only 10% of your original lighting, This is because the new lighting is half of the old lighting. 20% of 50% = 10%. That incremental 10%c savings Is considerably more expensive than the first 50% saved by the LEDs on a per unit of savings basis. If the answer Is yes, Santa Ana wants to go above the code requirements, which areas In Appendix A are near windows or sun lights and require daylight harvesting? The improved lighting controls are desired by the city. 5. Will an RFP be accepted that doesn't include the "Add Alternate Scope" Advanced Lighting Controls System on page 13 of the RFP? Yes. 6. Does this project No.18-071 require a bid bond? This project does not require a bid bond. 7. Can you please supply a site plan? See attached plan SANTA ANA CITY COUNCIL Mupuel A Nati M1d., Martinez Viwnle 3m Mend J ,Sd D P. 0aNC 9enad., Jwnvllegae. sal Tinakio Mnym Najd Pm Tem,MM2 Waml warn] wam4 Wam5 Wame mm9iCoEpaanln,nnamn fti edneziOsanla.ana.omyienniwoassnfa.nna.mn iaolodM-wa ana.mV a ormidasalwnlaaea mo MlleamamnlaMnn ora eSnekT'mgn a. ill 25C-114 Page 2 of 2 8. Who Is responsible for the anti -bird netting. It looks old and could be damaged during retrofit? The netting is accessed for normal light fixture maintenance and has not been a Problem. Caution should be taken as they are not damaged at this time. 9. What are the ceiling heights In the fleet building? About 25' 10. Are there any Hazardous locations requirements for the fixtures over the fueling station? No hazardous location requirement over fueling station. 11. Are all lights on emergency lighting Inverter circuit or are they to have individual battery back up? All emergency lights are on backup generator, no battery backup. ALL OTHER TERMS, CONDITIONS AND SPECIFICATION REMAIN UNCHANGED. I acknowledge I have read this addendum: Authorized Signature SANTA ANA CITY COUNCIL Merketing Pgwer Inc dba Energy Retrofit Co Company Name W'0'.IA Puiido Mfaaala ldarlinoe Vmm Sm wt. Mayor Mayor Pro Tam, Walla Jaa03obdo P. wind Banepdee mWnd0:0eae WaldI Watd3 Wartl4 Juen V0o8u 8eIN ora 2enaom mimanMoz®sa oeamlema,@ ,mom laaloflo'br le. Wards WaNa �Ofl5f1&§BDe»nl . MA fid I _n„` s9nale�o7seo t 25C-115 Re: MarketingPower,Inc. dba$nergyRedrofrt Prequalification To WhomItl&yConcern: Marketing Power, Inc. dba Energy Retrofit is avalued customer of Westchester Fire Insurance Company. The A.M. Best Rating of Westchester Fire Insurance Company is A++, and is listed on the U.S. Treasury Department's Listing of Approved Sureties (Department Circular 570; 2017 Revision), Marketing Power, Inc. dba Energy Retrofit is in good standing with Westchester Fire Insurance, and currently has an aggregate bonding capacity of $50,000,000. We would be more than willing to provide the necessary Performance and Payment bonds for projects; however, please note that the decision to issue bonds is a matter between Marketing Power, Inc. dba Energy Retrofit and Westchester Fire Insurance Company, and will be subject to the standard underwriting at the time of the final bond request, which will include but not be limited to the acceptability of the contract documents and bond forms. This letter does not constitute an assumption of liability. We assume no liability to you or to any third party by the issuance of this letter. If you should have any questions regarding this account, please do not hesitate to call at 275-640.1000. to ester Fire In nce pang Patricia A. Rambo Attorney -in -Fact Westchester Fire Insurance Cempany,936 Walnut St, WAIOH, Philadelphia, PA 19106 25C-116 I. NEEL, M '?.[=• i•1 �ti .. M Ya+.l.• KaeaYmemagms��RaY WFS'OI�T@RFfl5Em�'1ELtP�€CG�tTA�R'Ra-aNmmlvaNCb�anew¢tlelPsmY'b+eaimaY�'Ymmekiba'+BRevJbllenadb4�m8Re8m4m1 ISM16R6E14@1afE�'SsY@[�Y"LSt48LEi. W ia: •Ym.�L'6EdLmQf66$sa�md61J@dn06[P.1HLQfA1Cb�tlGhYWmYIA®Y'dakal�dmROmj�.CICL�NmG1YAW�jT.ted[6.6t9.?�PaY61POQr'Idll®TC7lA• mlp➢OBdf mHOotpsgm9H82a0 Lt¢tiva.F®e0D®[®�emA61YMb111CmmmIYmPlfj: . {Y8 Fa]bdae WcrRmeP�iYa¢r+ameWiaC+ai-.CvsNme4mmmu'�mllem.7be.nnb a:VTwmOm.lemEhratme�xaRmefmyary..mmxOeaaEl�-9dhe Lbepnyorclev� pq Fa�9amaramJ aoz.nwmam0.*np�Yets+s;SaYma1'aaimarmaemnxwaseCa�mawmradmrdmrdmm:;arr.vmreseimdlka0omemYsaae�amrcrsme erRadmeraGYaxla"sadlmaYlq WegdnYdp®oW+rmateademtiy2aar�+caxeme�YYamae/8+m[Y. . 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Ilenoy, Vim Prtddeol MWOMNEALTHOPPENNSYLVAr" COUNYY OF FNIUOELPFUA ea .. ]Nsup cecocyainbar•]OYTbefam rre:g mw PUMidel Iw Cwoma-wa:Mdi%IJIsNvLnla.%eitdtar PaooWYd%deaaiytLa Comlle ¢mphen Et Haey:wm.PreayaraWge WE INSURANCE CONPAIA'b nape¢oonnaa��JMoanb elha drJWdW and d4cervdm eteMetlllwplerelbg 6e;o-lnnenl.eMheentnwdetlped lhd Mea¢detl Pasame Bhd Ptll Pa deal tk Mra preudg�,nnd mn(A PO avedddd0ompany;MPeaatl arpaUAsed mdnia elgnmma reretl�ry aNutl by lhamPPAry mddlreWYVYdmeamd cnfpgalbll: vrtl Pat Pe Beerdd OPeclaeef eeW, mktreJ bin IM IYeaedP98uElamen4 b muYl brca. IN TESTNIONYWF�REOP:11lave Hmreillo dclmy8amlandalfuetlmy aTx`alae¢I_nnlaGtyolPMadalptia Uie day antlyearbetehauOeYlnea 4 Pe en4a3yvJlJLs•Vahme SaamayaftWEEYOE`+YER FMWSURANY-EI:gAPANY•de hMbyttiny Pm Peadgre'POYIEFlOiAttORNEY.dwticn OSlwagaP9lea evhs Iay Waendm t eepy. U In rut fgca PfA mors IiYVYbxy wryaeo(Ilem MaT8o9dvPeGmr•YumasAsslaaN Secelay.end--aHdm111gcwporalaseN dmaCAyastim W._._.dald _ .._.._7O_ .� �W �Cb,L' mAm�—�iay 1 4dUru POyaIEROF A]T�TAI�I'st\YWOp�49SW.TteEXELt11EANYBOWUWIPN WiiNQ�3iiDN1>A'�AFT83?CDkH4Af38fiW.�n?1. - . f.Gs3'SX'.l'J%m•-.(.h:5iitYY'�rwF:eS':�.34f?w#.�.f,.r:'u'.'¢.r:N'S9'.•'nn �ar~,:Ji1H-'tA4ffcnlrk. ynA_rtA4TNrMVca^.k:l .urt(L:B[ •.:.. 25C-117 caw*wWlAvHwPAIRWLYANtA l:al \ea,.i>� Ci��RA:�i�ryE 70,2D16 �dp�ygl wl na_ne 4 Pe en4a3yvJlJLs•Vahme SaamayaftWEEYOE`+YER FMWSURANY-EI:gAPANY•de hMbyttiny Pm Peadgre'POYIEFlOiAttORNEY.dwticn OSlwagaP9lea evhs Iay Waendm t eepy. U In rut fgca PfA mors IiYVYbxy wryaeo(Ilem MaT8o9dvPeGmr•YumasAsslaaN Secelay.end--aHdm111gcwporalaseN dmaCAyastim W._._.dald _ .._.._7O_ .� �W �Cb,L' mAm�—�iay 1 4dUru POyaIEROF A]T�TAI�I'st\YWOp�49SW.TteEXELt11EANYBOWUWIPN WiiNQ�3iiDN1>A'�AFT83?CDkH4Af38fiW.�n?1. - . f.Gs3'SX'.l'J%m•-.(.h:5iitYY'�rwF:eS':�.34f?w#.�.f,.r:'u'.'¢.r:N'S9'.•'nn �ar~,:Ji1H-'tA4ffcnlrk. ynA_rtA4TNrMVca^.k:l .urt(L:B[ •.:.. 25C-117 EXHIBIT B N= FEE PROPOSAL The Standard Hourly Fee Schedule for Marketing Power Inc. dba Energy Retrofit Co. is as follows: Description of Work Hourly Rate Electrician: inside Wireman (Journey Level) $84.08 Electrician: Maintenance Electrician (Journey Level) $59.35 Electrician: Inside Wireman (Apprentice) $30.27 Site Auditor $35.00 Project Manager $70.00 The Scope of Work pricing is as follows: Option: Price Option N. Title 24 Certified $244,599 Option B: Alternate Bid includes Full Dimming, Occupancy, Daylight, and Tablet Scheduling $378,049 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 TITLE: APPROVE AN AGREEMENT WITH ADMINSURE, INC., FOR THIRD PARTY ADMINISTRATOR SERVICES FOR GENERAL LIABILITY AND WORKERS' COMPENSATION CLAIMS {STRATEGIC PLAN NO. 7; 6) _Off �lty MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r-AT10016TWI EI As Recommended 0 As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreements with AdminSure, Inc., subject to non -substantive changes approved by the City Manager and City Attorney, to provide the City's self-insured third party claims administration and management for General Liability and Workers' Compensation for the initial three-year term of September 5, 2018 through August 31, 2021 with two, two year options for renewal. Annual total amounts not to exceed: _ FEES WORKERS' COMPENSATION MONTHLY GENERAL LIABILITY MONTHLY COMBINED ANNUAL TOTAL YEAR 1(10 MONTHS) $42,125 $14,600$567,250 YEAR $43,389 YEAR 3 $44,690 _ _ OPTIONAL YEAR J $46,631 OPTIONALYEAR5 -� $47,412 OPTIONAL YEAR 6 $48,834 OPTIONAL YEAR 7 $50,300 DISCUSSION $1_5,489_ _- $15,954_ $16,432 $_16,925 $17,433 $743,819 _ $766,134 $789,108 --$812,796 The City is self-insured and self-administered for General Liability with excess coverage through participation in a Joint Powers Agreement with the Big Independent Cities Excess Pool (BICEP). For Workers' Compensation, the City is self-insured and self-administered for claims management and processing and has excess coverage through the California State Association of Counties - Excess Insurance Authority (CSAC-EIA). The Human Resources Department / Risk Management Division regards fiscal responsibility, accountability, and safety as a high priority. Protection of the City's employees, residents, visitors, 25D-1 Agreement with AdminSure for General Liability and Workers' Compensation Claims September 4, 2018 Page 2 and assets is paramount in creating and maintaining a safe place to work, live and visit. In an effort to reduce expenditures, the Department is implementing a forward -thinking and pro -active process toward managing the City's ongoing exposure to risk. To facilitate this, the Department has determined that utilizing a Third Party Administrator (TPA) for General Liability and Workers' Compensation claims management will enable the Risk Management Division to pro -actively focus on Safety and Hazard Mitigation, thus potentially reducing overall.. City claims and litigation expenses. Third Party Administrators have personnel with specialized skills and certifications required to effectively and efficiently handle Workers' Compensation and Genera) Liability claims caseloads. Specifically, they work with injured employees, general public/residents, medical providers, contractors/vendors and attorneys to investigate, negotiate and settle claims. Additionally, the selected Third Party Administrators have expertise working specifically in municipalities with police departments. The City will still be actively involved in any litigation and will have final authority on settlement decisions, though the TPA which will be handling all day-to-day workers' compensation and general liability claims. This service arrangement is not relinquishing City control over these processes but allowing experts to focus solely on the service to our customers, cost effectiveness, timely processing and closure of claims as well as expediency in providing the highest level of care to the City's injured workers. This structure provides a transparent approach and quantifiable results. Additionally, by using a Third Party Administrator to handle General Liability and Workers' Compensation claims administration functions, the City will be able to manage customer expectations and have objective oversight. In response to the Request for Proposals, six vendors submitted proposals and one vendor declined to bid. Following extensive evaluation of the proposals, the top three were invited to participate in a panel interview process. The panel was comprised of one member highly experienced in General Liability, one member highly experienced in Workers' Compensation, one administrative member of the Santa Ana Police Department, and one municipal Risk Manager. The vote of the panel was unanimous in selecting AdminSure, Inc. as the firm that would provide the best overall service, claims management, and oversight to the City. AdminSure, Inc. has an outstanding reputation for excellent customer service and fiscally efficient oversight of claims for both Workers' Compensation and General Liability. Out of AdminSure's 76 public sector clients, 66 have Police or Sherriff departments. Servicing these entities requires a high level of expertise in the specific laws and issues surrounding safety employees. AdminSure has brought excellent results to these programs. AdminSure's State of California Audit Scores indicate 100% compliance with best practices/performance standards. AdminSure, Inc. also provides detailed information regarding customer service delivery. AdminSure's services are streamlined but very detail -oriented, thus providing the utmost attentlgn to claimants' needs in a very cost-effective manner. 25D-2 Agreement with AdminSure for General Liability and Workers' Compensation Claims September 4, 2018 Page 3 AdminSure's proposal offered an overall lower annual program cost. It has agreed to reduce th& its proposed fee by 25.5% if administering both the City's Workers' Compensation and General Liability Programs. This good faith gesture demonstrates Admin'Sure's ability to provide professional services for a competitive fee as well as its commitment to establishing a strong business relationship with the City of Santa Ana. Inclusive in the cost, and in tandem with Risk Management Division staff, AdminSure, Inc. will provide extensive and ongoing training for City staff as well as development and implementation of processes to mitigate exposure to costly issues that can be foreseen and all mandated reporting. Utilizing a TPA will require less personnel in the claims adjusting process; however, no current employee will be displaced by this change. This will enable the Human Resources Department to adjust its focus and utilize staff in more effective ways and areas of service. The restructure will redistribute personnel costs as well as eliminate additional direct vendor costs. The recommended term of this Agreement is for a period of three ..(3) years, commencing on September 4, 2018 and terminating on August 31, 2021, with an option to extend twice, by mutual agreement of the Parties, for a period up to four (4) additional years, two (2) and two (2). If extension is recommended, it will be brought back to City Council for additional approval at that time. The Agreement shall automatically renew from year to year subject to termination by either party during the life of the Agreement. The City may terminate this agreement at any time, without cause, with ninety (90) days written notice. The City may terminate this agreement with cause with thirty (30) days written notice. Industry standard/best practices favor longer term agreements, thus the City and its employees would be better served by a longer term agreement, generally three to five years with three-year to five-year optional extensions. However, results and costs will still be reviewed on a constant basis with a full review each year to analyze savings and ensure that the City is still receiving the most competitive terms. Staff will negotiate any changes accordingly. ADMINSURE, INC. - FEE STRUCTURE • Option of second term of Two additional years if the City so chooses. (A potential total of 7 years) 25D-3 WORKERS' WORKERS I I GENERAL GENERAL ! COMBINED I COMBINED COMPENSATION COMPENSATION LIABILITY i. LIABILITY MONTHLY ANNUAL MONTHLY FEE ! ANNUAL FEE I MONTHLY ! ANNUAL , FEES I FEES --' I- FEE-----�---- j $14,600 FEE -'-'' $175,200 i ---- $56,725 -' $680,700 YEAR 1 _ $42,125 $505,500 YEAR 2 $43,389 $520,665 $15,081180,456 1, I- $__60,180 $701,121 YEAR 3 _ $44,690 � $536,285 15,489 $15,954 II $185,870 � 1, - $191,446 $60 180_ � _ ,$722,155__ ' YEAR 4 $46,0311$�- $552,373 _OPTIONAL OPTIONAL YEAR $47,412 _1L$16, $ _$61,985_'`$743,819 $63,844 $766,134 _$568=945 _ _) • Option of second term of Two additional years if the City so chooses. (A potential total of 7 years) 25D-3 Agreement with AdminSure for General Liability and Workers' Comperisation Claims September 4, 2018 Page 4 • The annual fee shall never exceed a three percent (3%) increase -per year, including optional additional years. For Workers' Compensation, Optional Year 6 not to exceed $48,485 per month and Optional Year 7 not to exceed $50,300 per month. For General Liability, Optional Year 6 not to exceed $16,925 and Optional Year 7 not to exceed $17,433. • Medical Bill Review is a flat fee of $9 per bill. • Utilization Review is 7% of billed charges with a cap of $750. • One-time flat fee for data conversion will be $10,000. In accordance with best practices, the TPA and the City's Finance Department will have a structured financial arrangement through which the vendor will be given access to a bank account and will pay claims, temporary total disability payments, settlements and claims -related expenses as pre -authorized by and on behalf of the City. Staff recommends that City Council authorize the City Manager to enter into an agreement with AdminSure, Inc. to provide TPA services for General Liability and Workers' Compensation claims processing. Contracts will be reviewed by the City Attorney's Office before execution by the City Manager or his designee. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #7 — Team Santa Ana, Objective #6, Provide a positive workplace environment that supports the health of its employees and celebrates its success. FISCAL IMPACT Workers' Compensation and General Liability TPA administrative services are not specifically budgeted as a line item in the Fiscal Year 2018/19 Budget. However, Funds are available in the Human Resources Department, Risk Management Division Budget and have been earmarked as follows. The monthly fee for the 10 -month pro -rated period, for the first year of the contract, will be: • $421,250 from Workers' Compensation, Account(s) Contractual Services -Professional (No. 08209054-62300), Other Personnel Services (No. 08209054-62302); and • $146,000 for General Liability from Account(s) Other Contractual Services (No. 08009051- 62300), and Other Personnel Services (No. 08009051-60302). The chart below outlines estimated costs for subsequent contractual years FEES WORKERS' COMPENSATION MONTHLY GENERAL LIABILITY MONTHLY COMBINED ANNUALTOTAL YEAR 1 (10 MONTHS) $42,125 $14,600 $567,250 _ YEAR 2 $43,389 _ $15,038 $701,121 YEAR 3 $44,690 $15,489 $722,155 OPTIONAL YEAR $46,031 $15,954 $743,819 OPTIONAL YEAR $47,412 $16,432 _ $766,134 25D-4 Agreement with AdminSure for General Liability and Work Comp Claims September 4, 2018 Page 5 Steven V. FQham Executive Director Human Resources Agency SVP/dsl/dsl Exhibit: 1. Agreement(s) 25D-5 APPROVED AS TO FUNDS AND ACCOUN SergioVidal Assistant Director Finance and Management Services Agency 25D-6 PROFESSIONAL SERVICES AGREEMENT FOR THIRD PARTY GENERAL LIABILITY CLAIMS ADMINISTRATION BETWEEN THE CITY OF SANTA ANA AND ADMINSURE, INC. This "Professional Services Agreement" between the City of Santa Ana and AdminSure, Inc. ("Agreement") is made and entered into this 4th, day of September, 2018, by and between the City of Santa Ana, California, a California Municipal Corporation (the "City") and Adminsure, a California corporation ("Administrator). The City and Administrator are sometimes hereinafter referred to individually as a "Party" or collectively as the "Parties". The Parties enter into this Agreement with reference to the following: Recitals A. City is in need of a qualified third party to whom to delegate the responsibilities and duties of administering the City's self insured liability coverage program; B. City issued a Request for Proposal ("RFP") for Third Party Administrator services for worker's compensation and claims management. Administrator was one of the companies that submitted a proposal and was ultimately selected as the successful vendor NOW, THEREFORE, in consideration of the performance by the Parties of the covenants and conditions herein contained, the City and Administrator hereby agree as follows: Terms and Conditions 1. Administrator Services. Administrator agrees to perform any and all work necessary to supervise and administer the liability programs for the City, represent the City in all matters related to the investigation, adjustment, processing, supervision and resolution of liability claims for money damages asserted by third parties against the City, and provide to the City during the term of this Agreement all the services more particularly set forth in Section 2 below and in accordance with Administrator' proposal submitted in response to City's RFP incorporated by reference herein (collectively, the "Services"). 2. Description of Services., The responsibilities of Administrator are divided into the following categories: claims administration, litigation management, subrogation and reporting of claims activities. Administrator agrees to perform these services in accordance with the Best Practices and Performance Standards for Third Party Administrators. a. Claims Administration. (i) Administrator shall provide the City with sufficient qualified personnel, including at least one senior claims adjuster, to efficiently and effectively meet the responsibilities as defined below and any other duties incidental, or in addition, to those responsibilities. The senior claims adjuster shall have a minimum of three years' experience in adjusting liability claims for public entities. Administrator shall also provide a supervisor/account manager who shall oversee the servicing of the City's claims. The account manager shall have at least six years' experience in adjusting liability claims, Page 1 of 13 25D-7 five of which involved adjusting liability claims for public entities. No adjuster or supervisor/account manager shall service the City's account without prior approval by the City. (ii) The responsibilities of Administrator shall include, but not be limited to, the following; (1) Establish and maintain an electronic file for each claim reported, to include a diary review system by both the examiner and supervisor; statistical data for each claim should be stored electronically and shall include all data required to comply with federal and state requirements including Medicare secondary payer laws and regulations; (2) Provide comprehensive claim investigative services; (3) Periodically, determine potential liability and establish, review, and update reserves for each reported accident and advise the City of any changes as they occur; (4) Notify Big Independent Cities Excess Pool (BICEP) Litigation Manager of a claim as required by the BICEP Liability Program Memorandum of Coverage (MOC) and coordinate with the City Risk Management Division, City Attorney's Office and BICEP Litigation Manager in the defense, settlement, and payment of claims. Prepare and submit information to the Litigation Manager, and upon request insurance carrier(s), on all claims that fall within the reporting requirements set forth by the MOC or the insurance carrier(s); (5) Document sufficiency of reserve minimally at 90 -day intervals; (6) Provide the City with a recommendation to accept or deny a claim within the statutory period in the California Government Tort Claims Act; (7) Provide immediate notification to the City of offers to settle; (8) Obtain settlement authority from City, BICEP (when required),and the excess carrier where applicable; (9) Obtain releases and other necessary forms from all appropriate parties upon settlement of a claim prior to issuing a settlement check; (10) Upon the City's request, assist with preparation for appearances in small claims court, court hearings and City Council meetings at no additional charge to the City; (11) Prepare and, where needed, obtain approval for issuance of checks, drafts, or other documents in the payment of claims with electronic copies sent to the City; (12) Promptly determine any potential to tender a claim to third parties and the feasibility of subrogation, and take appropriate steps to subrogate, where such action is appropriate; (13) Promptly close each claim as soon as possible, but no later than 30 days after final check issuance; Page 2 of 13 25D-8 (14) Make available time, electronic files, and necessary staff for meetings with the City and attendance at applicable meetings for settlement authority, claim resolution strategy, and periodic claim audits; (15) After collecting member data, Administrator shall determine whether claimants are Medicare beneficiaries. If claimants are found to be Medicare beneficiaries, Administrator as part of any settlement with the claimant shall onbehalf of the City take all steps necessary to protect Medicare's interests. This shall include, but is not necessarily limited to, confirming that all known liens or claims by Medicare shall be satisfied from the settlement, and making all reasonable efforts to determine whether Medicare will be asserting any future liens or claims against the City, and if so, to satisfy as part of the settlement any such liens or claims to the extent they can be determined, through a Medicare Set Aside or other appropriate procedure or mechanism; and (16) Maintain complete records of payments from an approved trust account, established by the Administrator on behalf of the City for the purpose of paying all claims related costs. b. Litigation Management. (i) Administrator shall assist in the implementation and conform to the procedures of the City Attorney's Office and BICEP's Litigation Management Program. (ii) The duties of Administrator shall include, but not be limited to: (1) Monitor defense counsel and assist in the implementation of the BICEP's Litigation Management Guidelines incorporated herein by reference; (2) With approval of the City Attorney and BICEP (when applicable), assign the defense of litigated cases to the defense firm selected; (3) Assist defense counsel, at the direction of the City, in obtaining facts or circumstances of a claim, including assistance in answering interrogatories; (4) Supplying and collecting the case analysis and performance evaluation forms from the defense firms; (5) Review legal bills for accuracy, for compliance with the Litigation ManagementGuidelines, and use of cost effective processes; (6) Maintaining, in coordination with the City and BICEP, an evaluation file on each defense firm with respect to each defense assignment; and (7) Providing any and all information, reports, and data to the City and BICEP as may be requested from time to time. (8) Allow access to City files for BICEP annual audit. Page 3 of 13 25D-9 G. Reporting of Claims Activity (i) Provide a monthly statistical report to the City for each line of coverage which shows all claims having activity, including claimant name, nature/type/cause of injury/loss, date of loss, status, loss/expense paid and reserved amounts, with monthly and year-to-date totals. A guide to any and all abbreviations used in any of the reports shall be provided to the City and BICEP. Reports shall include all claims meeting the City's reporting criteria. (ii) In addition to the monthly statistical report, the Administrator will provide to the City a monthly payment register showing all payments issued, payee, voucher number, voucher date, and claimant name, if applicable. (iii) Upon the request of the City, the Administrator shall also provide special reports on claims, in detail or summary, sorted or queried by any, or any combination, of the fields at no additional cost. All reports shall be provided in a Microsoft Excel format or any other format as requested by the City. (iv) The Administrator shall also provide reports to the City, as may be requested from time to time, which accurately identify the types of claims that have been presented so that the City can identify areas where corrective measures may be adopted to prevent future claims of that nature. 3. Administrator's Obligations. The Administrator shall complete the Services as follows: a. The Administrator represents that it employs, or will employ, at its own expense, all personnel required for the satisfactory performance of the Services. b. The Administrator represents that the Services will be performed by the Administrator or personnel under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable state and local laws to perform such Services. C. Administrator shall assign an account manager to ensure the duties under this Agreement are performed in a timely and professional manner. Said representative shall not be replaced by the Administrator without prior written notice to the City, nor without written approval from the City. Any additional personnel used to perform the Services shall be limited to those initially identified by the Administrator, unless approved in writing by the City. d. Administrator shall ensure that other personnel, such as management, clerical, accounting, and data processing, which may be required to satisfactorily provide the services required by this Agreement, shall be provided by the Administrator within the agreed fee for Services contained in this Agreement. It is understood that the personnel referred to in this entire Section 3 need not be dedicated to the exclusive use of the City. e. Administrator shall furnish, at its own expense, all materials, equipment, and personnel necessary to carry out the terms of this Agreement. Administrator shall not use City premises, property (including equipment, instruments, or supplies) or personnel for any purpose other than in the performance of its obligations under this Agreement. Page 4 of 13 25D-10 f. The Administrator shall provide sufficient office space to ensure that the City's' claims can be adjusted in an effective and efficient manner. Such office space shall be equipped with an adequate theft and fine alarm system in an effort to protect the City's records. g. The Administrator shall work closely with the City and their respective designated representatives by providing any information, reports, and data to the City as may be requested from time to time. h. The Administrator agrees not to release any report, any portion thereof, or any result of any investigation it may undertake on behalf of the City to any outside person or agency without the express written consent of the City, except as provided by law or in this Agreement. Administrator shall notify City immediately of any subpoena or other request for City records made by a third party. i. Data Interface, The Administrator shall provide an on-line interface with its database, accessible from the City's computers. This information will be for use by the City. Such data shall be in a format which will permit the City to make print copies of the data on its printers. The data interface will have sufficient firewall and anti-virus software to maintain appropriate security. j. Data Reporting. Administrator shall provide City monthly loss information with the fields and in the format specified. k. Administrator shall provide reports outlined in Section 2.c of this Agreement and other reports as requested by the City. 1. Administrator shall develop and implement processes and procedures relating to the protection of electronic data, including a suitable security and off-site back-up system for all stored data and a written policy with respect to disaster recovery, physical and electronic data security, and electronic data retention, as required by the standards for Accreditation with Excellence by the California Association of Joint Powers Authorities. Administrator will notify City immediately in writing of its discovery of any data breach involving City's data. in. The Administrator shall comply with all applicable federal, state, and local laws, ordinances and regulations including but not limited to the Health Insurance Protability and Accountability Act ("HIPPA."). Administrator shall report immediately to the City, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and/or guidelines in relation to the performance of Services under this Agreement. n. The Administrator, at its sole expense, shall obtain and maintain during the term of this Agreement, appropriate permits, certificates, and licenses including, but not limited to, any business license that may be required in connection with the performance of services under this Agreement. o. The Administrator shall not subcontract or assign any portion of the Services without prior written approval of the City. P. The Administrator shall make no change in the character or extent of the work required by this Agreement, except as may be authorized in writing by the City. Such supplemental authorization shall set forth the specific changes of work to be performed and any related extension of time and/or adjustment of fee to be paid to the City by the Administrator. Page.5 of 13 25D-11 q. Administrator shall submit its annual SSAE18 / SAS70 to City within thirty (30) days of receipt along with any action plans to mitigate any deficiencies noted by the auditor. r. Administrator will cooperate fully with the City, City Attorney's Office, Risk Manager, BICEP and the City's excess carrier. 4. City Oblieations. In furtherance of the Services provided by the Administrator, the City agrees to the following: a. The City shall provide full information regarding its requirements for the Agreement, and shall furnish without charge to the Administrator, any and all information available within the offices of the City and are necessary for the Administrator to provide and perform the tasks and Services set forth herein. b. The City shall cooperate with the Administrator in carrying out the work of the Agreement without undue delay. In this regard, the City, including any representative thereof, shall examine documents submitted by the Administrator and shall render any necessary decisions pertaining to such documents or Services as promptly as is practicable. C. The City will provide to Administrator information regarding its computer system. Administrator Compensation and Schedule of Payment. a. Payment Schedule. Itemized statements for fees shall be submitted once a month following the month covered by each statement. If the statements are correct, City shall pay Administrator within thirty (30) calendar days after each statement is submitted and received by City. b. Inspection of Books and Records. Upon request by City, Administrator shall provide time records and back up data and records verifying project costs and expenses, including out -of pocket third party expenses. 6. Term. The term of this Agreement is for a period of three (3) years, commencing on September 4, 2018 and terminating on August 31, 2021, unless otherwise extended by mutual agreement of the Parties for a period up to two, two year periods. a. For the first year, September 4, 2018 through August 31, 2019, of this Agreement, the Client shall pay the Administrator $14,600 per month for Services rendered under this Agreement. b. For the second year, September 1, 2019 through August 31, 2020, of this Agreement, the Client shall pay the Administrator $15,038 per month for Services rendered under this Agreement. C. For the third year, September 1, 2020 through August 31, 2021, of this Agreement, the Client shall pay the Administrator $15,489 per month for Services rendered under this Agreement. Page 6 of 13 25D-12 d. For the optional fourth year, September 1, 2021 through August 31, 2022, of this Agreement, the Client shall pay the Administrator $15,954 per month for Services rendered under this Agreement. C. For the optional fifth year, September 1, 2022 through August 31, 2023, of this Agreement, the Client shall pay the Administrator $16,432 per month for Services rendered under this Agreement. f. For the optional sixth year, September 1, 2023 through August 31, 2024, of this Agreement, the Client shall pay the Administrator $16,925 per month for Services rendered under this Agreement. g. For the optional seventh year, September 1, 2024 through August 31, 2025, of this Agreement, the Client shall pay the Administrator $17,433 per month for Services rendered under this Agreement. 7. Termination. a. The City may terminate this agreement at any time, without cause, with ninety (90) days written notice. b. The City may terminate this Agreement for cause upon providing the Administrator thirty (30) days written notice if: (i) If the Administrator breaches any provision of this Agreement and does not cure such breach within ten (10) days after written notice of the breach is given by the City; (ii) In the event the Administrator's services, in the judgment of City, are unsatisfactory; (iii) In the event of the Administrator's failure to prosecute the work with diligence or within the time limits specified in the contract documents and Administrator fails to cure this breach within ten (10) days of being advised of the breach; (iv) Failure to procure or maintain insurance as required by this Agreement; or (v) In the event of bankruptcy, whether voluntary or involuntary, of Administrator. C. The Administrator may terminate this Agreement in the event that the City is delinquent in paying any invoices for a period in excess of sixty (60) days. Termination shall be effective thirty (30) days after notice is received by mail at the City's office unless the City has remedied said failure(s) to the satisfaction of the Administrator. d. This Agreement shall terminate automatically on the occurrence of bankruptcy or insolvency of any Party. Page 7 of 13 25D-13 e. If this Agreement is terminated without cause, Administrator shall be paid for the reasonable value of the Services provided up to the time of such termination or suspension. From and after Administrator's receipt of notice of termination, Administrator shall use all reasonable efforts to minimize project costs and expenses, except to the extent the City's notice requested that certain services are continued. 8. Confidentiality. Without the written consent of the City, the Administrator shall not disclose to third parties other thanits employees or disclose or use for any purpose other than performance of the Services any information provided to the Administrator by the City in connection with performance of this Agreement, or any information developed or obtained by the Administrator in the performance of this Agreement, unless: 1) the information is known to the Administrator prior to obtaining same from the City or performing Services under this Agreement; 2) the information is at the time of disclosure by the Administrator then in the public domain, or 3) the information is obtained by or from a third party who did not receive it, directly or indirectly, from the City and who has no obligation of confidentiality with respect thereto. 9. Ownership of Records and Work Product. a. All claim data is owned by the City. All claim electronic files, loss reports, payroll information, and other documents and materials, and all transactional level electronic data in the requested format, shall be delivered to the City upon termination of this Agreement. b. All products of undertaking and completing the Services and Administrator's duties hereunder including, but not limited to, the study results, reports, drawings, photographs, photo simulations, maps, plans, renderings, specifications, analyses, surveys, data, computer printouts, programs and software, and all supporting documentation of such programs prepared in the performance of the Services shall be. the, property of City, and shall be delivered to City, before final, payment and the completion of performance or any earlier termination under this Agreement. 10. Indemnification. a. The Administrator agrees to indemnify, defend and hold harmless the City, and/or their respective officers, members, agents, and employees from any and all loss, liability, claim, demand, cause of action or suit, of any and every kind and description, arising or resulting from, or in any way connected with, Administrator's performance and/or non-performance of the Services required by this Agreement including, but not limited to, liability for inaccurate data, loss or dissemination of data, whether intentional or inadvertent. The Administrator shall, upon demand by the City, as applicable, and at its sole cost and expense, defend and provide attorneys acceptable to the City, as applicable, to defend the City, and/or their respective officers, officials, employees and agents from and against any and all loss, liability, claim, demand, cause of action or suit, of any and every kind and description, arising or resulting from, or in any way connected with, Administrator's performance and/or non-performance of the Services required by this Agreement. If the City provides its own defense against any such action or suit, the Administrator shall reimburse the City for all reasonable attorney fees and other costs incurred by the City. b. The Administrator agrees to indemnify, defend and hold harmless the City, and/or their respective officers, members, agents, and employees from any and all loss, liability, claim, demand, Page 8 of 13 25D-14 cause of action or suit, of any and every kind and description, arising or resulting from, or in any way connected with, any fines, fees, penalties or Medicare reimbursements required to be paid as a result of the Administrator's failure to timely report any Medicare -eligible judgments, awards, or settlements, or for failure to adequately protect Medicare's conditional or future medical payments. C. City agrees to defend any demand, claim, or legal action commenced against the Administrator regarding a matter or incident allegedly caused by or resulting from wrongful or negligent acts of their respective officers, employees, agents, or others engaged by the City, and to indemnify the Administrator against any liability, loss, cost, or damage, including attorney's fees, resulting there from. 11. Insurance. a. Administrator shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with Administrator's performance. The cost of such insurance shall be borne by Administrator. Failure to procure and/or maintain the proper insurance is grounds for termination of this Agreement. b. The Administrator shall maintain the following minimum insurance coverage: (i) Commercial General Liability insurance in an amount no less than $1,000,000 per occurrence with an aggregate of no less than twice the per occurrence limit. Such insurance shall be endorsed to name the City, and their respective officers, agents and employees as additional insureds. (ii) Business Automobile Liability insurance in an amount no less than $1,000,000 per accident. Such insurance shall include coverage for owned, hired and non -owned autos. (iii) Workers' Compensation insurance meeting all statutory benefit requirements of the Labor Code of the State of California and Employers Liability insurance with a minimum limit of $1,000,000 each accident for bodily injury or disease. The workers' compensation insurance shall be endorsed to waive anyright to subrogation against the City, and their respective officers, agents and employees. (iv) Professional Errors & Omissions insurance with a minimum limit of $2,000,000 per occurrence with an aggregate of no less than twice the per occurrence limit. (v) Crime/Employee Dishonesty: $1,000,000 to include employee dishonesty, disappearance, theft, and forgery or alteration coverage in a form and issued by an insurance or bonding company or companies acceptable to the City. (vi) Cyber Liability insurance with a minimum limit of $1,000,000 per occurrence. C. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: Page 9 of 13 25D-15 (i) The City, and their respective officers, agents and employees are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Administrator; or automobiles owned, leased, hired or borrowed by the Administrator. (ii) For any claims related to this project, the Administrator's insurance coverage shall be primary insurance as respects the City, and their respective officers, agents and employees. Any insurance or self insurance maintained by City, and their respective officers, agents and employees, shall be excess of the Administrator's insurance and shall not contribute with it. (iii) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (3 0) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Prior to commencement of work pursuant to this Agreement, Administrator shall provide the City with a certificate of insurance and required endorsements evidencing that such insurance has been obtained and is in full force and effect. Such coverage shall provide thirty (30) calendar day's notice of intent to cancel or non -renewal to the and City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M, Best's rating of no less than A -:VII, unless otherwise acceptable to the City. 12. Non -liability of City Officials. No City representative shall be personally liable to the Administrator, or any successor in interest of Administrator, in the event of any default or breach by the City, or for any amount which may become due to the Administrator or any successor, or on any obligation under the terms of this Agreement. 13. Independent Contractor. a. The Administrator and its employees are independent contractors of the City and are not employees of City. This Agreement is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture or association, as between the City and Administrator. The employees and agents of one party are not the employees or agents of the other party for any purpose whatsoever. b. The Administrator shall be solely liable and responsible for providing all compensation and benefits to, or on behalf of, all persons performing work pursuant to this Agreement. The City shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or local taxes or other compensation, benefits or taxes for any personnel provided by or on behalf of Administrator. C. The Administrator understands and agrees that all persons performing work pursuant to this Agreement are, for purposes of workers' compensation liability, solely employees of Administrator and not employees of the City. The Administrator shall be solely liable and responsible for furnishing any and all workers' compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of Administrator hereunder. d. The Administrator shall agree to indemnify, defend and hold harmless the City for any action or proceeding related to Administrator's employees or agents' independent contractor status.. Page 10 of 13 25D-16 14. Employment Practices. The Administrator agrees to comply with the following employment practices during the term of this Agreement: a. In providing for the Services, the Administrator shall not discriminate against any employee or applicant for employment on the basis of race, religion, color, sex, disability national origin, or any other protected category under state or federal law. b. The Administrator shall take affirmative actions to ensure that applicants are employed and employees are treated during their employment without regard to race, religion, color, sex, disability or national origin. C. Affirmative actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 15. Conflicts of Interest. Administrator shall avoid all conflicts of interest or appearance of conflicts of interest in performance of this Agreement. 16. Force Majeure. a. "Force Majeure" means any cause beyond the reasonable control of a party, including but not limited to act of God, civil or military disruption, fire, strike, flood, riot, war, or inability due to the aforementioned causes to obtain necessary labor, materials, or facilities. b. If any Party hereto is delayed or prevented from fulfilling its obligations under this Agreement by Force Majeure, said Party will not be liable under this Agreement for such delay or failure, nor for damages or injuries resulting directly from the inability to perform scheduled work due to Force Majeure. C. Administrator shall be granted an automatic extension of time commensurate with any delay in performing scheduled work arising from Force Majeure. Administrator agrees to resume such work within three (3) days after the Force Maj cure has subsided enough to do so. 17. Assignment. Neither Party shall assign or transfer its interest in this Agreement or any part thereof without the written consent of the other Party. 18. Waiver of Breach. The waiver of a breach of this Agreement shall not be construed as a waiver of any subsequent breach. 19. Notice. Whenever it shall be necessary for either Party to serve notice on the other respecting this Agreement, such notice shall be served by personal delivery or by certified mail addressed at the following address, unless and until different addresses maybe furnished in writing by either Party to the other and such notice shall be deemed to have been served within seventy-two (72) hours after the same has been deposited in a United States Post Office by certified mail or has been delivered personally, and shall be valid and sufficient service of notice for all purposes: Page 11 of 13 25D-17 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 With courtesy copies to: .,J Executive Director — Human Resources Department City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6930 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 To Administrator: AdminSure Attention: Alithia Vargas -Flores 3380 Shelby Street Ontario, CA 91764 20. Governing Law and Venue. This Agreement shall be construed and enforced pursuant to the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 21. Attorneys' Fees. Each Party shall also bear its own attorneys' fees and all costs related to the preparation of this Agreement. In the event any Party to this Agreement brings suit to enforce any provision of this Agreement, or is required to defend an action relating to any provision of this Agreement, the non -prevailing Party agrees to pay the prevailing Party such court costs and attorneys' fees as the court deems just. 22. Advice of Counsel. Each of the Parties acknowledges that it has received or has had the opportunity to receive independent legal advice from an attorney with respect to the advisability of making this Agreement and with respect to the advisability of executing this Agreement. 23. No Reliance on Outside Parties. Each of the Parties acknowledges that it has not relied upon any statement or representation by any other Party or any representative of any other Party, in making or executing this Agreement, except as expressly stated herein. Page 12 of 13 25D-18 24. Counterparts. Two complete originals of this Agreement will be prepared and executed by the Parties. Either of these originals may be treated as the sole agreement without reference to the other. 25. Amendment. This Agreement cannot be amended or modified except by an instrument in writing signed by both Parties. 26. Interpretation. Should it be necessary for a court to interpret this Agreement, the Parties agree that it has been prepared by a joint effort of all Parties. Accordingly, only the fair meaning of the words shall be used in any interpretation hereof. 27. Severability. The provisions of this Agreement are severable and if one or more provisions or subcomponents should be determined to be unconstitutional, illegal or judicially unenforceable, in whole or in part, then, unless such unenforceability would make it impossible to effectuate the original intent of the Parties, the remaining provisions or subcomponents hereof shall remain binding and enforceable. 28. Expression of Entire Agreement. This Agreement constitutes a single, integrated written contract, and as such, expresses the entire Agreement of the Parties with respect to the matters contained herein and supersedes all prior negotiations, discussions, correspondence and other communications regarding the terms and conditions hereof. IN WITNESS WHEREOF, the City, and Administrator hereto have executed this Agreement on the date first above written. ADMINSURE, INC. 3380 Shelby Street Ontario, CA 91764 Alithia Vargas -Flores President ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of Council RAUL GODINEZ, II City Manager APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA R. CARVALHO City Attorney By: S •��d l rL� Laura A. Rossini STEVEN V. PHAM Senior Assistant City Attorney Executive Director of Human Resources Page 13 of 13 25D-19 25D-20 PROFESSIONAL SERVICES AGREEMENT FOR THIRD PARTY WORKERS' COMPENSATION CLAIMS ADMINISTRATION BETWEEN THE CITY OF SANTA ANA AND ADMINSURE, INC. THIS AGREEMENT is entered into this 4b day of September, 2018, between the City of Santa Ana, a California Municipal Corporation hereinafter referred to as the "City," and AdminSure Inc., a California Corporation, hereinafter referred to as the "Administrator." WHEREAS, the City has undertaken to self -insure their Workers' Compensation obligation; and WHEREAS, the Administrator is engaged in the business of administering Workers' Compensation Self -Insurance Programs; WHEREAS, the City issued a Request for Proposal ("RFP') for Third Party Administrator services for worker's compensation and claims management. Administrator was one of the companies that submitted a proposal and was ultimately selected as the successful vendor. WHEREAS, the City desires to retain the services of the Administrator to administer a Workers' Compensation Self -Insurance Program, hereinafter referred to as the "Program," for the City; NOW, THEREFORE, the City hereby retains the services of the Administrator and the Administrator agrees to perform the services for the City under the terms and conditions of this Agreement and in accordance with Administrator' proposal submitted in response to City's RFP incorporated by reference herein. TERMS AND CONDITIONS 1. TERM: The term of this Agreement is for a period of three (3) years, commencing on September 4, 2018 and terminating on August 31, 2021, unless otherwise extended by mutual agreement of the Parties for two, two year terms. 2. PERIODIC MEETINGS: The Administrator shall meet with the City and staff not less than every 60 days (or at the request of the either party with sufficient notice) to: A, Assist in developing internal procedures. B. Provide orientation and training to personnel involved in the administration of the Program. C. Discuss specific claims and general trends in the Program. 3. ADVISORY SERVICES: The Administrator shall provide the City information regarding the adoption, amendment or repeal of all Statutes, Rules and Regulations, et cetera, which may directly affect the Program. 4. REQUIRED FORMS: The Administrator shall provide the City with all forms required by the State in connection with the Program. 5. COMPLIANCE WITH LAW: The Administrator shall administer the Program in full compliance with all laws, rules and regulations governing Workers' Compensation and Self -Insurance including the Health Insurance Portability Protection Act ("HIPPA."). 6. CLAIMS ADMINISTRATION: The Administrator shall comply with all performance standards of the City's excess insurer. The Administrator shall also comply with the Administrator's Workers' Compensation Claims Administration Standards, but under no circumstances are they to be construed as having precedence over the performance standards of the City's excess insurer. The Administrator shall also have the authority and responsibility to provide claims administration services, which include: A. Establishing an electronic claim file and computer database record upon receipt of an injury report. B. Setting and updating reserves, C. Initiating and maintaining contact with injured workers or their attorneys. D. Arranging for investigation. E. Determining compensability. F. Preparing and issuing benefit notices, if applicable. G. Arranging for medical treatment and medical services from clinics, facilities, pharmacies, hospitals, specialists, and other vendors as necessary. H. Performing all utilization review services through MedReview, communicating decisions to approve, modify, delay or deny medical treatment in accordance with State law. I. Monitoring disability status by reviewing medical reports and contacting doctors for updates. J. Auditing and reviewing all medical bills through MedReview and paying all properly adjusted medical bills in a timely and accurate manner. K. Paying mileage or medical reimbursements to injured workers. L. Paying temporary disability compensation when appropriate to do so or advising the City of the need to adjust payroll records when salary continuation is applicable. M. Arranging medical exams in conformance with State law to detemiine whether an injured worker's medical condition is permanent and stationary (reached Maximum Medical Improvement/MMI) and what, if any, permanent disability exists. N. Paying the permanent disability compensation in accordance with the law. O. Arranging for attorney representation of the City whenever the need arises subject to final approval of the City. P. Monitoring attorneys and assisting them in preparing cases. Q. Auditing and paying legal expenses subject to authorization of payment by the City. R. Arranging for vocational rehabilitation services when appropriate, monitoring vocational rehabilitation consultants and assisting them as necessary. S. Auditing and paying vocational rehabilitation expenses. T. Attending all hearings that are required by law or where requested by the City. U. Preparing and issuing Vocational Rehabilitation/Supplemental Job Displacement Benefits (SJDB) notices. V. Preparing and issuing the permanent disability compensation notices. W. Pursuing subrogation when there is a viable third party subject to authorization by the City. X. Notifying the City and excess insurers of all claims which exceed or may exceed the self- insurance retention; maintaining a liaison among the City and their excess insurers on matters affecting the handling of such claims and arranging for reimbursement to the City of losses in excess of its self-insurance retention. Y. Obtaining settlement authority from the City and negotiating settlement on appropriate claims. Z. Closing claim files when appropriate to do so, AA. Participating when necessary in the interactive process or other medical legal assessments which may affect open claims. BB. Participate fully in any audit performed by the City or by a third party of the City. 7. OBLIGATIONS OF THE CITY: The City shall: A. Submit all reports of work injury to the Administrator in a timely manner not to exceed two business days of the City's knowledge of the injury. B. Respond to the Administrator's requests for information and authority within five days of such requests. C. Provide information that is accurate and is in a form specified by the Administrator. D. Grant settlement authority, where the City deems it appropriate to do so, to the Administrator in advance of WCAB, Rehabilitation, and legal hearings, or be available by phone or in person during same. 8. CHECKING ACCOUNT: The City and the Administrator agree that: A. The City shall establish and maintain a checking account from which all Workers' Compensation benefits and expenses are to be paid. B. The Administrator shall prepare checks and issue those checks directly to payees without delay. C. The Administrator shall sign checks with a facsimile signature or manually. D. The Administrator shall secure checks in a locked area accessible to a limited number of personnel. E. The City shall maintain an adequate balance in their checking account to meet all Workers' Compensation obligations without delay. F. The checking account may be used to pay penalties in which case the Administrator shall reimburse the City within fifteen (15) working days for any amount of the penalty which the Administrator caused. 9. ELECTRONIC DATA PROCESSING: The Administrator shall provide the City with electronic data processing services that will allow for the production of loss experience and transaction reports within ten (10) days following the close of each calendar month. 10. REGULATORY REPORTING: The Administrator shall prepare all reports required by State and Federal regulatory agencies (if any) in connection with the Program, including the Self -Insurer's Annual Report required by the Department of Self -Insurance Plans. 11. RECORDS: The Administrator shall establish and maintain electronic claim files, claim logs, transaction documents and all other records associated with the Program. These records shall be the property of the City. Unless this Agreement is cancelled, closed hard files, if any, shall be stored by the Administrator for five (5) years and shall thereafter become the responsibility of the City. Upon cancellation of this Agreement, the City shall be responsible for maintaining and storing all data, records, et cetera. The Administrator shall not dispose of or destroy hard files without the prior, written authorization of the City. 12. CONSIDERATION: e For the first year, September 4, 2018 (or first day following City Council approval) through August 31, 2019, of this Agreement, the City shall pay the Administrator $42,125 per month for Claims Administration Services rendered under this Agreement. • For the second year, September 1, 2019 through August 31, 2020, of this Agreement, the City shall pay the Administrator $43,389 per month for Claims Administration Services rendered under this Agreement. • For the third year, September 1, 2020 through August 31, 2021, of this Agreement, the City shall pay the Administrator $44,690 per month for Claims Administration Services rendered under this Agreement. • For the optional fourth year, September 1, 2021 through August 31, 2022, of this Agreement, the City shall pay the Administrator $46,031 per month for Claims Administration Services rendered under this Agreement. • For the optional fifth year, September 1, 2022 through August 31, 2023, of this Agreement, the City shall pay the Administrator $47,412 per month for Claims Administration Services rendered under this Agreement. • For the optional sixth year, September 1, 2023 through August 31, 2024, of this Agreement, the City shall pay the Administrator $48,834 per month for Claims Administration Services rendered under this Agreement. • For the optional seventh year, September 1, 2024 through August 31, 2025, of this Agreement, the City shall pay the Administrator $50,300 per month for Claims Administration Services rendered under this Agreement. The City shall allow the Administrator to perform all Bill Review Services through MedReview. Bill review fees are at $9.00 per bill. Preferred Provider Organization fees shall not exceed 25% of savings when applicable. The City shall allow the Administrator to perform all Utilization Review Services through MedReview. Utilization review fees are incorporated into medical bill review invoices at the rate of 7% of billed charges. The maximum utilization review fee charged per medical bill is capped at $750.00. Utilization review by a physician is billed separately in 10 -minute increments, at the rate of $200.00 per hour. The City shall allow the Administrator to manage liens and negotiated bills. Liens and/or negotiated bills are 10% of savings with $5,000 cap. 13. ALLOCATED EXPENSES: The City shall pay for field investigation, defense attorneys, legal costs, remote photocopy, engineering experts, accident reconstruction experts, process servers, messenger service, court reporters, vocational rehabilitation consultants, structured settlement consultants, translators, and any other vendor necessary to administer claim files. Payment of expenses in excess of $150,000 require prior approval of the City before those expenses are paid. 14. PENALTIES: The Administrator shall be responsible for paying or appealing penalties that are caused by the Administrator. The Administrator shall not be responsible for penalties that are caused by the City or any third parties. The Administrator will advise City in writing immediately of any penalties that are levied against the City for any reason and prior to paying such penalties. iF u ►1 iIKORV COU a. The Administrator agrees to indemnify, defend and hold harmless the City, and/or their respective officers, members, agents, and employees from any and all loss, liability, claim, demand, cause of action or suit, of any and every kind and description, arising or resulting from, or in any way connected with, Administrator's performance and/or non-performance of the Services required by this Agreement including, but not limited to, liability for inaccurate data, loss or dissemination of data, whether intentional or inadvertent, The Administrator shall, upon demand by the City, as applicable, and at its sole cost and expense, defend and provide attorneys acceptable to the City, as applicable, to defend the City, and/or their respective officers, officials, employees and agents from and against any and all loss, liability, claim, demand, cause of action or suit, of any and every kind and description, arising or resulting from, or in any way connected with, Administrator's performance and/or non-performance of the Services required by this Agreement. If the City provides its own defense against any such action or suit, the Administrator shall reimburse the City for all reasonable attorney fees and other costs incurred by the City. b. The Administrator agrees to indemnify, defend and hold harmless the City, and/or their respective officers, members, agents, and employees from any and all loss, liability, claim, demand, cause of action or suit, of any and every kind and description, arising or resulting from, or in any way connected with, any fines, fees, penalties or Medicare reimbursements required to be paid as a result of the Administrator's failure to timely report any Medicare -eligible judgments, awards, or settlements, or for failure to adequately protect Medicare's conditional or future medical payments. C. City agrees to defend any demand, claim, or legal action commenced against the Administrator regarding a matter or incident allegedly caused by or resulting from wrongful or negligent acts of their respective officers, employees, agents, or others engaged by the City, and to indemnify the Administrator against any liability, loss, cost, or damage, including attorney's fees, resulting there from. 16. INSURANCE: The Administrator shall: a. Administrator shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with Administrator's performance. The cost of such insurance shall be borne by Administrator. Failure to procure and/or maintain the proper insurance is grounds for termination of this Agreement. b. The Administrator shall maintain the following minimum insurance coverage: i. Commercial General Liability insurance in an amount no less than $1,000,000 per occurrence with an aggregate of no less than twice the per occurrence limit. Such insurance shall be endorsed to name the City, and its respective officers, agents and employees as additional insureds. ii. Business Automobile Liability insurance in an amount no less than $1,000,000 per accident. Such insurance shall include coverage for owned, hired and non - owned autos. iii. Workers' Compensation insurance meeting all statutory benefit requirements of the Labor Code of the State of California and Employers Liability insurance with a minimum limit of $1,000,000 each accident for bodily injury or disease. The workers' compensation insurance shall be endorsed to waive any right to subrogation against the City, and its respective officers, agents and employees. iv. Professional Errors & Omissions insurance with a minimum limit of $2,000,000 per occurrence with an aggregate of no less than twice the per occurrence limit. v. Crime/Employee Dishonesty: $1,000,000 to include employee dishonesty, disappearance, theft, and forgery or alteration coverage in a form and issued by an insurance or bonding company or companies acceptable to the City. vi. Cyber Liability insurance with a minimum of $1,000,000 per occurrence. vii. Maintain at all time during the pendency of this Agreement, a fidelity bond of one million ($1,000,000) dollars. c. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: i. The City, and its respective officers, agents and employees are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Administrator; or automobiles owned, leased, hired or borrowed by the Administrator. ii. For any claims related to this project, the Administrator's insurance coverage shall be primary insurance as respects the City, and its respective officers, agents and employees. Any insurance or self-insurance maintained by City, and their respective officers, agents and employees, shall be excess of the Administrator's insurance and shall not contribute with it. iii. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Prior to commencement of work pursuant to this Agreement, Administrator shall provide the City with a certificate of insurance and required endorsements evidencing that such insurance has been obtained and is in full force and effect. Such coverage shall provide thirty (30) calendar days' notice of intent to cancel or non -renewal to the and City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-: VII, unless otherwise acceptable to the City. 17. NOTICES: All notices, demands, requests, or approvals which are required under this Agreement, or which either the City or the Administrator may desire to serve upon the other, shall be in writing and shall be conclusively deemed served when delivered personally, or forty-eight (48) hours after the deposit thereof in the United States Mail with postage pre -paid. Notices shall be mailed to each party at the addresses below: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Human Resources Attention: Risk Manager City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-6930 To Administrator: AdminSure, Inc. Attention: Alithia Vargas -Flores 3380 Shelby Street Ontario, CA 91764 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 18. CONFIDENTIALITY: Employees of Administrator in the course of their duties may have access to financial, accounting, statistical, medical information, and personnel data of private individuals and employees of City. Administrator covenants that all data, documents, discussion, or other information developed or received by Administrator or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Administrator unless allowed pursuant to the Business Associate Agreement between the parties or by written authorization from the City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Administrator's covenant under this Section shall survive the termination of this Agreement. 19. CANCELLATION: The City may terminate this agreement at any time, without cause, with ninety (90) days written notice, a. The City may terminate this Agreement for cause upon providing the Administrator thirty (30) days written notice if., If the Administrator breaches any provision of this Agreement and does not cure such breach within ten (10) days after written notice of the breach is given by the City; ii. In the event the Administrator's services, in the judgment of City, are unsatisfactory; iii. In the event of the Administrator's failure to prosecute the work with diligence or within the time limits specified in the contract documents and Administrator fails to cure this breach within ten (10) days of being advised of the breach; iv. Failure to procure or maintain insurance as required by this Agreement; or v. In the event of bankruptcy, whether voluntary or involuntary, of Administrator. b. The Administrator may terminate this Agreement in the event that the City is delinquent in paying any invoices for a period in excess of sixty (60) days. Termination shall be effective thirty (30) days after notice is received by mail at the City's office unless the City has remedied said failure(s) to the satisfaction of the Administrator. c. This Agreement shall terminate automatically on the occurrence of bankruptcy or insolvency of any Party. d. If this Agreement is terminated without cause, Administrator shall be paid for the reasonable value of the Services provided up to the time of such termination or suspension. From and after Administrator's receipt of notice of termination, Administrator shall use all reasonable efforts to minimize project costs and expenses, except to the extent the City's notice requested that certain services are continued. e. Upon the date of termination of this Agreement, or the date on which records are transferred to another custodian, whichever occurs first, the Administrator shall no longer have the authority or responsibility to administer claims or perform any service on behalf of the City. 20. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 21. DATA INTERFACE, The Administrator shall provide an on-line interface with its database, accessible from the City's computers. This information will be for use by the City. Such data shall be in a format which will permit the City to make print copies of the data on its printers. The data interface will have sufficient firewall and anti-virus software to maintain appropriate security. 22. NON-DISCRDJINTATION. Administrator shall not discriminate because of race, color, creed, religion, 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 employment related activities, Administrator affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 23. PARTIAL INVALIDITY: If any provision of this Agreement is held by a competent court to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 24. GOVERNING LAW AND VENUE: The validity of this Agreement and of any of its terms and provisions shall be interpreted pursuant to the Laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 25. INTERPRETATION: The terms and conditions of this Agreement shall be construed pursuant to their plain, ordinary meaning and shall not be interpreted against the maker. 26. ASSIGNMENT: The Administrator shall not assign, sublet, transfer by operation of law, or otherwise any or all of its rights, burdens, duties, or obligations of this Agreement without the prior, written consent of the City. 27. CONFLICT OF INTEREST: The Administrator shall avoid all conflicts of interest or appearance of conflicts of interest in performance of this Agreement. 28. ENTIRE CONTRACT: This instrument contains the entire Agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect. Subsequent modifications shall be made in writing with the agreement of the parties. 25. COUNTER -PARTS: Two complete originals of this Agreement will be prepared and executed by the Parties. Either of these originals may be treated as the sole agreement without reference to the other. ADMINSURE, INC. 3380 Shelby Street Ontario, CA 91764 ALITHIA VARGAS-FLORES President ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR RAUL GODINEZ, II Clerk of Council City Manager APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA R. CARVALHO City Attorney By: � - RI�J YOU w Laura A. Rossini STEVEN V. PHAM Senior Assistant City Attorney Executive Director of Human Resources 25D-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 TITLE: APPROVE A LEASE AGREEMENT WITH RIO WEST LLC FOR WESTEND SUBSTATION OFFICE (STRATEGIC PLAN NO.1, 1F) 1 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a month-to-month lease agreement with Rio West, LLC for the use of the Westend Substation, for the period of November 1, 2018 through October 31, 2019, in the annual amount of $31,464 ($2,622 per month), and authorize the City Manager and Clerk of the Council to execute two -one year lease agreements, following expiration of this lease, provided the annual lease increase does not exceed five percent, subject to non -substantive changes approved by the City Manager and City Attorney. The Santa Ana Police Department has operated the Westend Substation located at the comer of Harbor and McFadden for over 17 years. The substation location has been mutually beneficial to both the property owner and the Police Department. The City of Santa Ana entered into a recurring no cost lease with the owner that has equated to a monetary savings to the City of well over $400,000. This location has become a community engagement center and is well known to area residents. In 2015, the property owner notified the Police Department that based on changing economic conditions, a no cost lease was no longer available. In November 2015, the Police Department entered into a one-year paid lease, and has since renewed the lease in 2016 and 2017. As the location has been in use for many years, an expansive infrastructure has already been established, and an examination of relocation costs found it to be cost prohibitive to move the substation. This proposed one-year lease agreement renewal allows the Police Department to continue its "Community Oriented Policing" mission at the existing location with no interruption in services for up to an additional 12 months. The lease agreement will cover the period of November 1, 2018 through October 31, 2019 at an annual cost of $31,464 ($2,622 per month). 25E-1 Agreement with Rio West LLC September 4, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Objective #1 (Modernize the Community Policing philosophy to improve customer service, crime prevention and traffic / pedestrian / bicycle safety), Strategy F (Enhance the Police Department's community policing philosophy to balance both traditional policing and problem solving strategies to address and reduce violent, property and gang related crimes.) FISCAL IMPACT Funds for this agreement are available in the Police Department's FY 2018-19 Field Operations contract services account (no. 01114420-62300) for the following fiscal years: FY 2018-19 8 Mo. $20,976 FY 2019-20 4 mo. $10,488 $31,464 alentin Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Sergio Vidal V.xz Assistant Director Finance and Management Services Agency Exhibit: 1. Lease Agreement with Rio West LLC 25E-2 SHOPPING CENTER LEASE - GROSS 1. Basic Provisions ("Basic Provisions"). Exhibit 1 1.1 Parties: This Shopping Center Lease ("Lease"), dated for reference purposes July I, 2018, is made by and between Rio Vista West, LLC a Califomia Limited Liability Company ("Lessor") and The Santa Ana Police Department, a division of the Citv of Santa Ana. -a municipal corporation -("Lessee") (collectively the "Parties", or individually a "Party"). 1.2 Premises: That certain portion of the Shopping Center (as defined below), including all improvements therein or to be provided by Lessor under the terms or this Lease, commonly known by the street address of 3750 W. McFadden Avenue, Suite 1 located in the City of Santa Ana County of Orange Stale of California, with zip code 92704, as outlined on Exhibit A attached hereto ("Premises"), deemed to be approximately 989 rentable square feet of floor area. In addition to Lessee's rights to use and occupy the Premises as hereinafter specified, Lessee shall have non-exclusive rights to use the Common Areas (as defined in Paragraph 2.7 below) as hereinafter specified, but shall not have any rights to the roof, exterior walls or utility raceways of the building containing the Premises ("Building") or to any other buildings in the Shopping Center. The Premises and the Building are situated within the Shopping Center known as Riverview West Marketplace. The Premises, the Building, the Common Areas and all other buildings and improvements within said Shopping Center, together with the land upon which they are located, are herein collectively referred to as the "Shopping Center." (See also Paragraph 2) 1.3 Term: Month to month-- ("Original Term"), commencing on November 1. 201 ("Commencement Date") and ending October 31, 2019 ("Expiration Date"). (See also Paragraph 3) 1.4 Sef)y-i+essessiem-{€-the-prep ses--are available,-Lessee-snay-have-esa-exclusive-pessessien o€the-12fem6es semtnensiag—("Eody Possession Date-').-(See-alse-Paragmphs-3and33) 1.5 Base Rent: S2,622.00 per month ("Base Rent"), payable on the first day of each month commencing on,November 1.2018. (See also Paragraph 4 and Exhibit 0 There are provisions in this Lease for the Base Rent to be adjusted. See Exhibit "1". t,6--€ereenEoge7ienfRatec-FIFA-percent Fl(� }A s€6ressSales- 1.7 L-essee'&Shafe of Common Area GperafiagFApensese-Lessee'-Pre"r4ienate She re; Sueh share is the peFsentageequrvalenF e€a€tasti mrshe aameramF a€whish+s thereaRzblearea of the Premises and the denominator of whieh is [he tetal rentable area efthe buildings in the Shopping Center available tee use and eesupaney by 6essee5,-as determined by 16essef from time to time on aeensistem basis,-subjesl le the fullewiag (i)—Lessor m reasenab divide the Sb r ---e may IY eppktgEemetintesubareas-feFtheparpeseo€aNee^'�^o Area Operating Expenses, -- to me event that mat ofthe-12mmisesaadlef the Shepping Cemerare�medi€ed7dutiog4he term-ofthisLeaser6essw4ali resalsulatel essee'sSbarete teAeetsueb-madWwatien: log —Merebents'-Asseelatien AnnuetAues: $ pefyeaFkWerehants'-AsseeiatiewDues").-besseeshaH.M ".:e= hant t lsseaiatioaDues audler-besemeemembefe€theMen4mtsAssesiatieninaeseRWrewit t AepFewsiense€theMeFshanis Asseeiatien Addendumri€anyrattashed beFete: 1.9 Base Rent and Other Monies Paid Upon Execution: (a) Base Rent: $2.622.00.00 (b)—C-emmen-Area Opefatiog E*penses1$0- (c) Security Deposit: 5.00 ("Security Deposit"). (See also Paragraph 5) (d)—McFekents' Assoefatien-Dues-4 14F-theperied (e)—OttteR-&- fe (f) Total Due Upon Execution of this Lease: $2,622.00 1.10 Agreed Use: Police substation and for no other use without Lessor's prior written consent, which may be granted or withheld at Lessor's sole discretion and subject to the use restrictions attached Exhibit "H". (See also Paragraph 6) 1.11 Agreed Trade Name: Santa Ana Police Substation . (See also Paragraph 6) 1.12 Insuring Party. Lessor is the "Insuring Party". (See also Paragraph 8) 1.13 Real Estate Brokers: (See also Paragraph 15 and 25) (a) Representation: The following real estate broker (the "Broker") and brokerage relationships exist in this transaction (check applicable boxes): X Williams Real Estate Management. Inc represents Lessor. 25E-3 (b) Payment to Brokers: Upon execution and delivery of this Lease by both Parties, Lessor shall pay to the Broker for the brokerage services rendered by the Broker the fec agreed to in the ettae-hed-separate written agreement er ifnosueh-agreement is anaehed,-8te sumer _ -- eF— _ -of the teta+-Nesse Rear payable fer-tke Brrgiaa4 Terrnrthe sant oF---------eF=----#-eF the testa -Base -Rem -payable during any period of time-tkat the-Lessee-eeeapies-the ftremises-su bseRuznt-to-tHe- BFiginalTer-m: -1.-1.1-6anr-entoF.-the shFieatiens eF+he Lessee ur4ef this -Lease aFz �earantzed {av-- ".SneFenke{" 1.15 Attachments, Atlached herein are the fullowine. all of which constitute a part of this Lease: N/A an addendum a silo plan marked Exhibit A. depicting the Premises and Shopping Center: a current set of the Sign Criteria for the Shopping Center marked Exhibit _N.4_a work letter marked Exhibil "C": _NA a Guaranty of Lease marked Exhibit X a Lessee Memorandum of Lease Terni Commencement narked Exhibit X an Estoppel Certificate marked Exhibit "F" a a current set of Rules and Regulations for the Shopping Center marked Exhibit "G"; other (specify): it list of Exclusive Uses. marked Exhibit "H".- 2. Premises - 2.1 Letting. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental, and upon all of the terms, covenants and conditions set t'orth in (his Lease. While the approximate square footage of the Premises may have been used in the marketing of the Premises for purposes of comparison, the Base Rent stated herein is NOT tied to square footage and is not subject to adjustment should the actual size be determined to he different. 2.2 Condition. Lessor shall deliver the Premises to Lessee in their "as -is, where -is, with all findis and defecis condition. bFEmm eleae and -free ofdebris en theGemmeaeemer4 Dew eF the-Ernly PErssesstea-Satz.-whin-Herzr frF4-eeeurs-E4tnet Date -j, aad; se-leag-as-tHe-squired-servieeeaatFaets-deseribed-in-Paragraph-:M (§)be{ew-ere-eHtaiaed-Lessee-aad-in-e ffeaV-within-30 days (gnawingthe&aFt- Date, waFFantsAPAthe existing eleetFieaF,-pktmHitw-}irespriekleFrfigHtiw��teatin& veentilatin=andaireett&ianing- systemsV44VhAG leading dears,-iFany,-and all etheFsueh elements in the -FFetnises,-e(FeF ihan these eanswdeted byLess eei shah -he inepeFautw eaedkio to said date-aad thai-the straentml-elemerusef the reer,-bearing walls and feuadatienef the FiFemisesshah-be fFeeOrnraterialdefeets-N$ non eempliaaee-withsue#warraolyexists asoftheatinDetereFifeaeersaehsystems e elememsshenld maNaaetien-eF-tail-witHhrNte aplifeiiFiate-warraatyperiedrLesseF-sliallrasSesseF'sseleeW-,atiea-with cespeetto-sueh-matterrexeept as-etheFwise-Pretidedia-this•LeaserpFemptly-ekeF-reeeipteFwFittenimtiee-fremL-e s ia,feFth-w+thspeeifieity4he-nature-and extenttef sueH eeofemP}iaazermalftxtetieFreF-failutz; feetify-same at LesseF's expense. the waFFaotyPerieds-sliaN-be-as- fell ows:-(i; b meaths-as-te-the44VAClysteffis-and{it3-38tfays-as•te-thrFemaiafF-systemsaad-eiheFeletnents-of-the-Premises:ffLessee lees -net -giveeLessor -the FequiFed-aetiee withinthe-a"fepfWe-waFFamy-period,eetFeetiene"nysnz#roeneemplianeermalfrmHiattef-failute sW be et- -ead-expense. 2.3 Comptienee.-Lesserwwaaisthattaitskoewiedge theimpFewfnentseff"pFemiseseudthefemmeFtMeaseomPly wink-thebeikk-, eedes thatwereineffeetatthe time-dialeaeh-swhfmpFeveme#raF f)Onieathereefrwas eenstwutzd; Bndolse-wrtH efl applieable4awsrcavem2ms-eF-restFietieas-ef-reeeFd;-regulations; and -ardimmees-in-effeatat4battime-(-ApptieaMe-RequiFements"3, k:esseFsexpe^..�-if Lessee deenet-give i-essewFittearretieeef nen mplianee-withthis-warranty-within-&meadts-faHewingthe 91tutDaiereerreetiettof-thin-fuif eemplianee-shah-be-the-ebhgatien o€l=essee-at-Lessee'ssele-eestaad expense. if the-Appkable RequiFemeatsare-her fterehangedse-este-requiFe-duFingaheterm ef+his6ease.theaoasEFaetieaeFaa-addition-te-eF-aa-elteFat+eaof tha?Femises;uxIMF$ei{drFtg; the-temediatiea-e€aay-#azardeus Sa§staaaereFtHe reiafereementeFetheF Physical-modifieationeFthe PFemises-and/eF-Build'ingE"Eapihd-EipcwdifuFe�r}:esseFead-Lessee-sHaN aNeeate+heeestefsaeliwerltes-feNews: equal-te4/444th-ekke-peF"ff.efsueh eesis Femeaablya"utable te4he-PFentises-Lessee-shah-pa),-interesten-dxbalanee butmay prepey-4tsebligatien-etany-time-ffrheweveFrsueftC-apkai-£xPeft"Iff"-F Hhed-dttFlu,the- his! 3-yeameFthis- Lease -eFFrLesser 25E-4 feasembly dete"FliRes that-ibis'aot eeenax+ical4y-Feasil3la to f+ay +ts shff' theFeof, LesseF'shWIFhave.tIal eptiPa-to-wfminme this Lease Open 90 days pFif>= vFFhten armee to Lessee unless Lessee noi4ies Lessof, in wFiting.-+kithin l6 days alieFfeeeiptPFLessoF'a teFrainmiml notiee- that Lesse Wi4pay fPF-sueh C-apita4-C-r'pela1 kuFe- (0 -Notwi+hsiandi}}g-the-ahaye, the I*Oo isieas-euaeer-n+ae-C;:pi!a{-. .peadii}tFes fe-iRended-to apply PA4y-}o-our. veluRkafy.. unehpeetcw. asd new Appl4eaMe Requirements. "e C-apital£"- ftdi+uFes are instea4-lFie9eFEd-by-Lessee-as a Fe5ub of ml }}etual OF pfcq±esed ehAAge inose.-ehaagein intensity ofuserP modifieationto the Prea}ises then.aadtn'that event, Lessee shaH eitheFi k}limfRei(late4y Ee2Sesurh h+til ed Hse PF}flY-as+ky O4 use andAFtaW 5ueh otheFsteps its may be nee t 55afy to ehFufaal2 thefequiHR}em teF Sueh bapital £.ipendiuue. OF (it) eOflTpie+e S!}ch 6itplkal E; pendnure at 4, P1kn elpense: 6eS5cY sllall mat hake any fight to leFFmnate illis base. Zi ala! (al, it hili beeR elven an efTa Fu+Aity t+, iaip,-Et e94 measare the PFemises: (kms) ii W- been advised by-Le>sorafiAlf $Falxfs in satisfy itieg Willi Fespeet to the size aadeeflditian of tke �Pfeaui tinelt}dine but Fie -'limited to the eleetFieul:'f-'iVAQ and fFe 5pfia64+systrRn. seeurtty: eflviFanlneatal'aspests:-nre4 esmp4idnee With App4ie-ahle Reauiremenks and the A+mFiea." With Disabilities-Aet): and theirseiiabiHty for Lesser,- imeaded use. -(H Lessee has-riaele saah inke5kiga48a 85 ii deeFui-txcti*ssafy'iciilrfefefenee to 5ueh matters and aSsminar an fe5pOA51Pil14y theFefef as the same relate to its oeeupaney of the Pfrn+isrs,-fel-}it is aPt Fe4ying Onany:. FepFeseR+mioa as to the queer the Premises made by BFekers-Of 6essmTand (e) ae+theF 6essofi- L+si P`S agents, nor Brokers have Made any Oral'OF-+cfiliea repfesrmatiPas PF-waFmmies-vkith'respeet to -said esmefs mherthan'as-set k)rth in'thtsLease.. 2.5 Lessee as Prior Owner/Occupant. The warranties made by Lessor in Paragraph 2 shall be of no force or effect if immediately prior to the Start Date Lessee was the owner or occupant of the Premises. In such event- Lessee shall be responsible for any necessary corrective work. 2.6 Vehicle Parking. Lessee shall not use and shall not permit its employees to use any parking spaces in die Shopping Center except for parking by vehicles that are no larger than full-size passenger automobiles or pick-up trucks, herein called "Permitted Size Vehicles." Lessee shall permit its employees to only occupy those parking spaces, if any. as depicted as employee parking spaces on the Shopping Center site plan. Lessor may regulate the loading and unloading of vehicles by adopting Rules and Regulations as provided in Paragraph 2.9. No vehicles other than Permitted Size Vehicles may be parked in the Common Area without the prior written permission or Lessor. in addition: (a) Lessee shall not permit or allow any vehicles that belong to Or are controlled by Lessee. or Lessee's employees, suppliers, shippers, contractors or invitees to be loaded. unloaded, or parked in areas other than those designated by Lessor for such activities; (b) Lessee shall not service or store any vehicles in the Common Areas; and (c) irLessee permits or allows any or the prohibited activities described in this Paragraph 2.6, then Lessor shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved and charge the cost to Lessee, which cost shall be immediately payable upon demand by Lessor. 2.7 Common Areas - Definition. The term "Common Areas' is defined as all areas and facilities outside the Premises - and within the exterior boundary line of the Shopping Center and interior utility raceways and installations within the Premises that are provided and designated by the Lessor from time to time for the general non-exclusive use of Lessor, Lessee and other Lessees or the Shopping Center and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking areas, loading and unloading areas, [rash areas, roadways, walkways, driveways and landscaped areas. 2.8 Common Areas - Lessee's Rights. Lessor grants to Lessee, for the benefit of Lessee and its employees, suppliers, shippers, contractors, customers and invitees, during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist ['rum time to time, subject to any rights, powers, and privileges reserved by Lessor under the terms hereof or under the terms of any rules and regulations or restrictions governing the use of the Shopping Center. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to store any property, temporarily or permanently, in the Common Areas, nor to display merchandise or conduct sales in the Common Areas. Any such storage, display or sales shall be permitted only by the prior written consent of Lessor or Lessor's designated agent, as exercised in Lessor's sole discretion, which consent may be revoked at any time. In the event that any unauthorized storage or displays shall occur then Lessor shall have the right, without notice, in addition to such other rights and remedies that it may have, to remove the property and charge the cost to Lessee, which cost shall be immediately payable upon demand by Lessor. 2.9 Common Areas - Rules and Regulations. Lessor or such other person(s) as Lessor may appoint shall have the exclusive control and management of the Common Areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations ("Rules and Regulations") for the management, safety, care, and cleanliness of the grounds, the parking and unloading of vehicles and the preservation of good order, as well as for the convenience of other occupants or Lessees of the Building and the Shopping Center and their invitees. Lessee agrees to abide by and conform to all such Rules and Regulations, and shall use its best efforts to cause its employees, suppliers, shippers, customers, contractors and invitees to so abide and conform. Lessor shall not be responsible to Lessee for the non-compliance with said Rules and Regulations by other Lessees of the Shopping Center. 2.10 Common Areas - Changes. Lessor shall have the right, in Lessor's sole discretion, from time to time: 25E-5 (a) To make changes or additions to the Common .Areas, including. without limitation, changes in the location. sin, shape and number of driveways, entrances, parking spaces. parking areas. loading and unloading arcus, ingress. egress, direction of traffic. elevations, landscaped areas, signage, walkways and utility raceways: (b) To use and close temporarily any of the Common Areas for the purpose or maintaining. repairing and altering the Shopping Center, so long as reasonable access at the Premises remains available, and to close temporarily any ofthe Common Areas to whatever extent is required in the opinion of Lessors counsel to prevent a dedication of or the accrual of ;my rights of any persons or Of the public to any of the Common Areas: (c) To designate other land outside the boundaries of the Shopping Center to he a part of the Common Areas or to be entitled to use the Common Areas on it reciprocal basis; (d) To add additional buildings and improvements to the Common Areas: and (e) To do and perform such other acts and mak,. such other changes in. in or %%ith respect to the Common Areas and Shopping Center as Lessm may, in the exercise of sound business judgment, deem In be appropriate. 2.11 Common Areas - Promotional Events; Sidewalk Sales. Lessor reserves the right- from time to time. in Lessor's sole discretion, to utilize portions of the Common Areas I'or promotional events, which may include, but shall not be limited In, entertainment. Lessor further reserves the right. in Lessor's sole discretion, to permit any one or more Lessees of the Shopping Center to conduct the display and/or sale of merchandise from the sidewalks immediately adjacent to such Lessees' respective premises. 2.12 Common Areas - Remodeling. Al any time during the Term, Lessor may remodel or expand, in any manner, the existing Shopping Center, which work may include, without limitation, the addition of shops and/or new buildings to the Shopping Center (collectively, "Remodeled Center"). If Lessor deems it necessary for construction personnel to enter the Premises in order to construct the Remodeled Center. Lessor shall give Lessee no less than 30 days prior notice and Lessee shall allow such entry. Lessor shall use reasonable efrorts to complete any work affecting the Premises in an efficient manner so as not to interfere unreasonably with Lessee's business. Lessee shall not be entitled to any damages for any inconvenience or any disruption to Lessee's business caused by such work; provided, however, the Base Rent paid by Lessee for the period of the inconvenience shall he abated in proportion to the degree that Lessee's use or the Premises is impaired as reasonably determined by Lessor. 3. Term. 3.1 Term. The Commencement Date, Expiration Date and Original Term or this Lease are as specified in Paragraph 1.3. 3.2 EaAyftas5fa51aa.-{}fly pFB4151f)Fl herein gFafltitw Lessee �affj`pesSe55iBRafthe.PFaa115e5t55ahjeE}ta arldeonditiefled upon the Premises being available for sueh pesseot Bate: Any grain of-€aFly Possess;aa only esaveysa Lessee shallba" aaeess-to the Premises as of the EWy-.Possession-Bate for puFpasesof prepaFiag end 4imurieit o the Premises feF the eandnetef Lesseesbusiaess—}F essee-totally eF partial/ aegtip ies.the PFetaises prieF-te-the Gem meacemeat-gate-loF any Feasen-(arid reF-�uFpeses-heFeef,=eeeupariey"-shaFl irielude;-without fimitatien,-L-essee's entry-eriw-the-Premises{eF-¢eFpeses-ef pFepaFirw-arid fixtiu,W g the PFemisesfeF JFusiaess),-tlte ehligatiea to -pay Base Rem -arid PeFeeatage-Beat shall -be -abated ter-the$eried of stteh early pessessiea—#1-etheFteFFosefihis-Boase-(iae4udi o-but-aet7imited-te-Lessee's-ehligatieas-te-eaFFy+asuraaeeaad-ie-mairaaxt-the feF #rsiaess inthe-fiFeatises-pFim10-the Eemmeaeetaeatsate. clay sueh-Early Pessessieaihall-a&t,Maet the ExpiFaliea Date: Lessee -by -the Cernmeneemem-Date: {f, -despite -said ef{errs;-L�sseF-is-aaable-te-deli�eF-pessessiea-by-sac-It date; Lesser shah-aet be Fentabatemem-that-Lessee-would etheFwise-have-eajeyed-shag-Fea-fFeat the date-ef de(ivory-ef pessessiea-aad eantiatle apeFied equal te-what-lzessee-weuld-etherivise have eajeyed andeFthetenrisberee f,-butmiuusenydayse€de(ayeausedby-the aeis of emissions efL-essee.--1€gessessiea isaetde4iveFed withia60t1aysaReF-the6eFaateaeeateatDate; as-tkesame oiaybeexteaded-under-the terms of any-WeFk�tieFexeeweFI by Parties _Lessee-Faay.-otits uptiea.-byaetiee in woling within -1B daysaFteethe end ersFx#bO Bay-peFied; LesseFwithlasaid-+9dayTeFiedFLessee'sFightteeatreel•Htis6easeshaNeeFm'mate:F€pessessione[,�- or..,R-r�..,,,---•---.isaetdehveFedwithia M days after-the-GammeneementDate,-this-Leaseshall eutematieaFlyterrninate-unless En eFegreements-e Feaehedbetweeo-LesseF and Lessee, hrwFiting. 3.4 Lessee Compliance. Lessor shall not be required to tender possession or the Premises to Lessee until Lessee complies with its obligation to provide evidence of insurance (Paragraph 8.5). Pending delivery or such evidence, Lessee shall be required to perform all of its obligations under this Lease from and atter the Stan Date, including the payment of Rent. notwithstanding Lessor's election to withhold possession pending receipt ol'such evidence of insurance. 4. Rent. 25E-6 4.1 Rent Defined. All monetary oblieations of Lessee to Lessor under the terms of this Lease (except for the Security Deposit) are deemed to be rent ("Rent"). 42 6ennafxtMen Operating Expeases.-Lesseeskan pay to LesseF dufiflg tketefm hefesFinadditiefite-the Base -Rent afld.-if-appl{eaJ31r;-Ferzenta<2-Re#-tessee'sSkare-{as'spee+Fed-+fl-?ara�pk-L�-eFeH-6aia#an-urea-ApeFat}ag €speases.-as hereinafter defined.-during eaeh ealendfiF year eftke wan of this Lease,-4a-aeeerdanee s}-vi-the fene"' na prew{sk}ns: fa)-=6nmmen Afen Apefaiing Expenses"are deomrdrfaF pxFpases of N}4s Leasr; as all eesisiaeuff 4by LessaF fetaaog to the ewndfship: epaFauon; }xaaagen}enE--fepair-and fep4aeemeni of-the Shel}pina-fetter;-inalu iia. butnot4ia}itrd-ted the fe,llewu}e+ +) - The epeFatien. Fe pair and u}aifltenarter. in teat: e-lean.-goed order and condition, and frplaeenxnt as Feasenably neeessaFy. of, the 441owi: g} fan) the 6afl}mon Areas and Cmmi on hFea 4#proven}eats,-4rt;hud+n� paik4}w__ areas:4ead}tw_ and anlaad4ag-areas, trash afeasrroadwayn, parkwi ys. walkways. dF+vzways: 4afldseaprd-arras: parld}w_-tat striping.-t}ampeF,. tfrigatif�f} sysiefosa fetoxtaa Area liuhtitw_-Faril4ties,-Fevers and gates, eer}aars, wet 15 of thrbuildia`s: t}aeldi}>a systr#s end rnaf dfainage sysErFxsti estefief sigfls and any Lessee direeteFies "any Fire deteetiea and1eF sprink4efsyste+xsFfdty cetxfxeaelertriaak ptw}tb ng-afld otbef etilid > Sefvk4n- any beihdlft`*-4fl-the Sl}appitw {tram @#i (ee) all g leer aEc4 s and 4atpFovea}er}tsthatafr with}'}x dte e?fEerieF be undaries of ilia -Shopping ferxef butmo4de of the Prearisesafldlof any othr, space eecupied by o- Lessee. (it) The etisterwa{efrgasreleetFieiiy find trtephene wSeMee the C- omen Areas-a#t any milities eat sepaFatety fneieied.- —(i4i)--the ees! eFtFask dispnalr prst eettkFei sewiees-pFepefty faanagefxentrseaufity-srrrfErs-and-dx costs oraayeavtfann}efn}tl-inspeeiien, — (i+)---NexrefeodabkFesewes sztaside feF eq}dpmea{,-fxait}Er}ta}}ee; repair and Feplaee}nent of6nma}en Atvets- }--Real-Prepef{y Vases fasdeFned in Peregraph-4.4 (V+ The eesEel•tbepFeniionsfeF- the iaseFaaae-n}ahneainedbyLessofparsaa#taPaFagfapk9: - (a+i)--tin}dedaetib{epertieoeraninstaed4esseeneerniagtlw-Baikling-eF.theCentmen-Areas: vii+)—Aiiditers'-aeeaaateais-' and a4fifneys=fees endeestsretated to the epera6ea of AeSheppi}}pCe#eF (ice—The fest eFanyeapital lmpreWef ie# to the4W4dingof theShepping C-eoteFm4 eeveFedeaderthe pFevisiens of Paragraph .3; pravidedr4}ewe.'eFrtk#-LesseF skaH-aNeeatr kkeeast-elanysark}.eapital imprf}vemeat fives the t}sefat 4i fe ofsafae and Lessee-shan net 4x required to pay-n}efe-than-6essee'sSltarrer-+N3th of ttte annxal-aFlseatieo erEkeeest ersueH capital t#pFevefflen{ 4flaaygf veafoBRlk: f b}—{.'L2559Fd1f k'f axnc'S-thl#-tbe-#rkk9def-pFeFak}efl-elany4f!`fPr4aeladed-w1i41FF1 EBfealefl-AFraABeFaki }t?�YBBRSei }S ExpensesaadReal-PFepe"-T-aaesthal-ofe-speeiFcaliy banding-ef-Fe-tee-epeFetien; fepaiF-and-mahrEenaaee-+lteFeeFskaN-be-egoitabFy eneea{zd-by-6essoF-te-en-bxildif}gs-in-fl e-Sheppiog (e)--d:lteine-i+}sienef-+lee-+mpFevemea{s,-fac414iies-and-sePrices-set-feFth-ia-StEbpaeagraph}-4:ia}-sban-ne+-be-dee#ed-te impose -an-ebhi-,i ieaapan-LasseF+aeither-have-said4mprere+oefaseFfacilitiesef-te-pfaridetheseser-vieesan4esstheSheppingGenteF Edmadyhasthrsan+erLesseFAfeadypFevide6the seFviees,-eFLr sseFhas-agPeedelsewhefe in this Leasrte-provide-thesa#eeFsen+aef then}: (fy—Lessee's Sh}aProf-6esnn+en-Afea-4DpeF"",-Enpenses4s-payable-#enthty-en-the saint e-day-as-the-Rase-Re#-isdue pefea#ser-!}eameantelsaehpayfinnaisshall-be- based en-LessWsestia+ateekNteannual£elan+eoAfeaBpeFaiing-E)ipenses.7VAthin 9"ays-aftef-the- last day oreaeh-ealendaFyeaf Lesseshowing-Lessee'sshafe ertkeaetaar6e#mea #eaApefatit .-Expenses-fef the pfeeedingyeaf, 4Lessee's•payments dufiog-saeh yeaFexeeed-Lessee's Shafer Lessee -shall credit-eke-emeuntersaeh eveP-payme#-against-Lessee's-lkiw epaymews: 41=essee'spayn+eatsdafingsue#}-year-were less than-Lessee'sshaferLessee-shall-pay-+e-Lesser-tee-ameant ertke+kfteiency-witkin-48days-eheFf#eiirefy�by-Lesser-ie-Lessen-orthe amoral-Feeene4trimienstate. ;en (e) if-there-afa-ene-ef-mere-Majef-Lessees-E•as-hefeinaFef-f4elined}-witkin-the-SI}eppi+ 6eatef.-thea-a+-LesseFs-sehe epkienf theameuntto be-Feimbt}fsedJ}y sael+nv7ajeFLessees+ed-essef-feFaiieFapeftienerthe femmet-AfeaBpef"fig-Expease&may bedetefeninedby-aliemativeequi+ablepay dineetly-feFilsownseeufity-) and -the net aFamauntpaW by-sueh-MajeFLessees shad-be-eFedited againsttheC-emmen-AFea ApeFating-Expenses -elleeaied-+e-e{hef-L-essee5-44e-Sheppin QmeFipfavidedihewevefrthatinsuehevent+hrfentableefeaeFthe-baildit}gs-leased-to-sueli 4ajer-Lessees-shah-be-exEluded-leerathe 25E-7 4.3 Payment. Lessee shall cause payment of Rent to be received by Lessor in lawful money of the United States, without offset or deduction (except as specifically permitted in this Lease), on or before the day on which it is due. In the event that any invoice prepared by Lessor is inaccurate such inaccuracy shall not constitute a waiver and Lessee shall be obligated to pay the amount set forth in this Lease. Rent for any period during the term hereof which is for less than one full calendar month shall be prorated based upon the actual number of days of said month. Payment of Rent shall be made to Lessor at its address stated herein or to such other persons or place as Lessor may from time to time designate in writing. Acceptance of a payment which is less than the amount then due shall not be a waiver of Lessors rights to the balance of such Rent, regardless of Lessor's endorsement of anv check so stating. In the event that any check, draft. or other instrument of payment given by Lessee to Lessor is dishonored for any reason. Lessee agrees to pay to Lessor the sum of $25.00 in addition to any Laie Charge and Lessor. at its option, may require all future Rent be paid by cashiers check. Payments will be applied first In accrued late charges and attorney's Ices, second to accrued interest. then to Ba;e Rent and Common Area Operating Expenses. and an,, remaining amount to any other outstanding charges or costs. S. SeeufityDeposib-Lesser sltAlialeposi+icidt Lesstx upon eserntian hereaf+heSeaarity+Jepasitas seFity +ar 6essee's Faithfa} perfafmaneeo4its ebligatiansanderthis Lease:--f4Lessee-Fails to pay- Fent ofeti+ewriseDefaults mdeFthisLease-Lessofmay ese, apply of main all OF any peFtien of said Seeufity Deposit fef the peyfeem of any�ar oust akeadydue LessoFrl'aF Fens whieb will be doe ifl+hef W.ufe;aadf tiF +a fe+n#btlf-�2 Bf 2ae}pea58te LesSBF +0E-afij=llalitliFy� ei'pl'nie: iB55 Bf fiarRaga Itil+lel+ LesSaF may Sal4ePAF 4nEtlF by reason +heFeuF-FFLesseFesesefappliesall-f any paRioner+heSecwhyDepesit,-Lesseeshagwithin 1A+laysaFte-, fittenrequest theFefat,depsskmanteswithLessersuf Eieat+erestoFesaid&cIuFJtyDepesittethe fiNamauatFegeiFedbythisLease:ffthe-@aseRent ine-Feasesdwifr<the +armo4+his-Lease,-Lessee shall rapeov:Fittenregaes+#amLe55ef,-depesitadditleW-Futieswith.Lessafsathat the total amount of -Seaufity-l3epasit shah-at-aN +imes beaF-the saFtte pfapoFtiea +a the inafeased $ase -Rear as the initial SaeuFity Depesi+baretathe-initial Mase ReFa:-Should the AgFeed Use be amended to aaaemmerlate a+aateFial ehatwe iathebusiaess eFLessee OF -40 aeearamedate-asablessee eFas•;rigaee;�essaFsliall-have the fight+a-ine-Fease theSeeuFityDepesit-ta-the exteat-aeeessaryrtn LesseFS fea59ABbie fFldgmemr{e-Beeaitttf-fefaay-increased-ttieaf and teat that +be promises may suffeF ash fesul++heFeOf: and/ef any faaterial-fedaetiea in the emoitwoFthiness eF ffnaneial-eapa,64i+ies e4-the.assignee &F sublessee.-Lessef shall not he requiFed+a keep the sseaaFity Depasitsepafate lraa+itsgeaeFal accounts. VANn 30 daysaFtef the expiFatian of tefFainat+eae4his LeaserLesseF shah feu+fa +hat Peftien e44he &EI,16+y Deposit net asedt+F applied by -L %oTe . No partordte SeeuFity Depesi+shAN be earsideFed w be held in +Fast; to beef inteFesl OF lo be pfepayntentfi faay monies -w be paid by -Lessee andeF tbisLease. 6. Use. 6.1 (a) Agreed Use; Agreed Trade Name. Lessee shall use and occupy the Premises only for the Agreed Use, and for no other use or purpose without Lessor's prior written consent, and Lessee shall operate at the Premises only under the Agreed Trade Name and under no other trade name without Lessor's prior written consent. Lessee shall not use or permit the use of the Premises in a manner that is unlawful, creates damage, waste or a nuisance, or that disturbs occupants or or causes damage to neighboring premises or properties. Other than guide, signal and seeing eye dogs, Lessee shall not keep or allow in the Premises any pets, animals, birds, fish, or reptiles. Lessor shall not unreasonably withhold or delay its consent to any written request for a modification of the Agreed Use, or to the Agreed Trade Name. If Lessor elects to withhold consent, Lessor shall within 14 days after such request give written notification or same, which notice shall include an explanation or Lessor's objections to the change in the Agreed Use and/or Agreed Trade Name. (b) Continuous Operation. Lessee shall continuously (i) operate and conduct the Agreed Use under the Agreed Trade Name within the entire Premises in a reputable manner and in conformity with industry standards of practice prevailing in the field or business -among mefebeats eri<aged-in-tke carne-eFsi+niiaF-basiaess4n-the city-in-wkieh-the-Pseetisesare Jeeated,-(il)-staff the Premises with-sa€heieatsales-parsenae�steeltthe Prentiseswith-adequate-menchandiw-o" ettereiseieuad�bttsiaess-praetiees se -este maximiee-6ress-Sales-A4 a aritrawmr£essee-shah-lxep+hrFavaises-eattttnaeusly-epen fef-business-Monday-threagh-€riday4am 400 a.arta-H80-p:m; Saturday-frem9;0B am -+ is P:frl (c) Violations of Exclusive Use Rights. Lessee acknowledges that Lessor may grant, or may have previously granted, exclusive use rights to other Lessees of the Shopping Center and agrees that a material consideration to Lessor in entering into this Lease is Lessee's covenant to limit its use of the Premises to the Agreed Use under the Agreed Trade Name as set forth above. Lessee's violation of exclusive use rights granted to other Lessees of the Shopping Center will result in Lessor suffering irreparable harm and, therefore, in addition to all other rights and remedies available to Lessor, Lessor may seek to enjoin Lessee's breach of such covenant and Lessee shall be liable for any damages incurred or sustained by Lessor to such other Lessees whose exclusive use rights are breached by Lessee. In no event shall Lessor be liable to Lessee for any failure of any other Lessees of the Shopping Center to operate their businesses, or for any loss or damage that may be occasioned by or through the acts or omissions of other Lessees or third parties. (d) Other Tenancies. Lessor reserves the absolute right to establish procedures to control other tenancies in the Shopping Center. Regardless of whether any specific Lessees are shown on any site plan attached hereto, Lessee does not rely on that fact, nor does Lessor represent that any specific Lessee or number or type of Lessees shall or shall not during the Term occupy any Portion of the Shopping Center, nor does Lessee rely on any other Lessee operating its business in the Shopping Center al any particular time or times. Further, no conduct by any Lessee, sublessee or other occupant of, or any customer of, or any supplier to or use of any 25E-8 portion of the Shopping Center shall constitute an eviction, constructive or otherwise, of Lessee from Line Premises, and Lessee hereby waives any and all claims that it might otherwise have against Lessor by reason thereof. 6.2 Hazardous Substances. (a) Reportable Uses Require Consent. The term "Hazardous Substance' as used in this Lease shall mean any product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either: (i) potentially injurious to the public health, salely or welfare, the environment or the Premises, (ii) regulated or monitored by any governmental authority. or (iii) a basis for potential liability of Lessor m any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include. but not h limited to. hydrocarbons, petroleum, gasoline. and/or crude oil or any products, by-products or fractions thereof. Lessee shall not engage in any activity in or on the Premises which constitutes a Repormble Use of Hazardous Substances without the express prior written consent of Lessor and timely compliance (at Lessee's expense) with all Applicable Requirements. "Reportable Use" shall mean (i) the installation or use of any above or below ground storage link, (ii) the generation. possession. storage, use, transporhmion, or disposal ora Hazardous Substance that requires a permit from, or with respect to which a report. notice, registration or business plan is required to be filed with, any governmental authority, and/or (iii) the presence at the Premises of n Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Lessee may use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use, ordinary office supplies (copier toner, liquid paper, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Lessor to any liability therefor. In addition, Lessor may condition its consent to any Reportable Use upon receiving such additional assurances as Lessor reasonably deems necessary to protect itself, the public, the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of prolective modifications (such as concrete encasements) and/or increasing the Security Deposit. (b) Duty to Inform Lessor. jr Lessee knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Premises, other than as previously consented to by Lessor, Lessee shalt immediately give written notice of such fact to Lessor, and provide Lessor with a copy of any report, notice, claim or other documentation which it has concerning the presence of such Hazardous Substance. (c) Lessee Remediation. Lessee shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Lessee's expense, comply with all Applicable Requirements and Lake all investigatory and/orremedial action reasonably recommended, whether or not formally ordered or required, for the cleanup crony contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Lessee, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for Lessee, or any third party. (d) Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its agents, employees, lenders and ground lessor, if any, harmless front and against any and all loss orrents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee, or any third party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from areas outside of the Shopping Center not caused or contributed to by Lessee). Lessee's obligations shall include, but not be limited to, the effects of any contamination or injury to person, properly or the environment created or suffered by Lessee, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligation.% under this Lease with respect to Hazardous Substances, unless specifically so agreed by Lessor in writing at the time of such agreement. (e) Lessor Indemnification. Except as otherwise provided in paragraph B.7, Lessor and its successors and assigns shall indemnify, defend, reimburse and hold Lessee, its employees and lenders, harmless from and against any and all environmental damages, including the cost of remediation, which are suffered as a direct result of Hazardous Substances on the Premises prior to Lessee taking possession or which are caused by the gross negligence or willful misconduct of Lessor, its agents or employees. Lessor's obligations, as and when required by the Applicable Requirements, shall include, but not be limited to, the cost or investigation, removal, remedialion, restoration and/or abatement, and shall survive the expiration or termination of this Lease. (t) Investigations and Remediation. Lessor shall retain the responsibility and pay for any investigations or remediation measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Substances on the Premises prior to Lessee taking possession, unless such remediation measure is required as a result of Lessee's use of the Premises (including "Alterations", as defined in paragraph 7.3(a) below), in which event Lessee shall be responsible for such payment. Lessee shall cooperate fully in any such activities at the request of Lessor, including allowing Lessor and Lessor's agents to have reasonable access to the Premises at reasonable times in order to carry out Lessor's investigative and remedial responsibilities. (g) Lessor Termination Option. Ira Hazardous Substance Condition (see Paragraph 9.1(e)) occurs during the term of this Lease, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof 25E-9 required by the Applicable Requirements and this Lease shall continue in full force and effect. but subject to Lessor's rights under Paragraph 6.2(d) and Paragraph 13), Lessor may, at Lessors option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible in Lessor's expense, in which event this Lease shall continue in full force and el7ect, or (ii) if the estimated cost to remediate such condition exceeds 12 times the then monthly Base Rent or $100.000, whichever is greater, give written notice to Lessee. within 30 days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition. of Lessor's desire to terminate this Lease as of the date 60 days following the date of such notice. In the evem Lessor elects to give a termination notice. Lessee may. within 10 days thereafter. give written notice to Lessor of Lessee's commitment to pay the amount by which the cost of the remediation of such Hazardous Substance Condition exceeds an amount equal to 12 times Lite then monthly Base Rent or 5100,000. whichever is greater. Lessee shall provide Lessor with said funds or satisfactory assurance thereof tsithin 30 days following such commitment. In such event, this Lease shall continue in full f•.trce and effect. and Lessorshall proceed to make such remediation as soon as reasonably possible after the required funds are available. II Lessee does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in Lessor's notice of iernni nation. 6.3 Lessee's Compliance with Applicable Requirements. Except as otherwise provided in this Lease. Lessee shall. at Lessee's sole expense, fully, diligently and in a timely manner. comply with all Applicable Requirements, the requirentems of any applicable fire insurance underwriter or rating bureau, and the recommendations of Lessors engineers and/or consultants which relate in any manner to such Requirements, without regard to whether said Requirements are now in effect or become effective after the Start Date. Lessee shall, within l0 days after receipt of Lessor's written request, provide Lessor with copies of all permits and other documents, and other information evidencing Lessee's compliance with any Applicable Requirements specified by Lessor, and shall immediately upon receipt, notify Lessor in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the failure of Lessee or the Premises to comply with any Applicable Requirements. Likewise, Lessee shall immediately give written notice to Lessor of: (i) any water damage to the Premises and any suspected seepage, pooling, dampness or other condition conducive to the production of mold; or (ii) any mustiness or other odors that might indicate the presence of mold in the Premises. 6.4 Inspection; Compliance. Lessor and Lessor's "Lender" (as delined in Paragraph 29) and consultants shall have the right to enter into Premises at any time, in the case of an emergency, and otherwise at reusonnble times after reasonable notice, for Lite purpose of inspecting the condition of the Premises and lar verifying compliance by Lessee with this Lease. The cost of any such inspections shall be paid by Lessor, unless a violation of Applicable Requirements, or a Hazardous Substance Condition (see Paragraph 9.1) is found to exist or be imminent. In such case, Lessee shall upon request reimburse Lessor for the cost orsuch inspection, so lone as such inspection is reasonably related to the violation or contamination. In addition, Lessee shall provide copies of all relevant material safety data sheets (MSDS) to Lessor within 10 days of the receipt of written request therefor. 7. Maintenance; Repairs, Utility Installations; Trade Fixtures and Alterations. 7.1 Lessee's Obligations. (a) In General. Subject to tine provisions of Paragraph 2.2 (Condition), 2.3 (Compliance), 6.3 (Lessee's Compliance with Applicable Requirements), 7.2 (Lessors Obligations), 9 (Damage or Destruction), and 14 (Condemnation), Lessee shall, at Lessee's sole expense, keep the Premises, Utility Installations (intended for Lessee's exclusive use, no matter where located), and Alterations in good order, condition and repair (whether or not the portion of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Lessee, and whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements or the age of such portion of the Premises), including, but not limited to, all equipment or facilities, such as plumbing, HVAC equipment, electrical, lighting facilities, boilers, pressure vessels, fixtures, interior walls, interior surfaces of exterior walls, ceilings, Floors, windows, doors, plate glass, and skylights but excluding any items which are file responsibility of Lessor pursuant to Paragraph 7.2. Lessee, in keeping the Premises in good order, condition and repair, shall exercise and perform good maintenance practices, specifically including the procurement and maintenance of the service contracts required by Paragraph 7.1(b) below. Lessee's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. (b) Service Contracts. Lessee shall, at Lessee's sole expense, procure and maintain contracts, with copies to Lessor, in customary form and substance for, and with contractors specializing and experienced in the maintenance of the following equipment and improvements, if any, if and when installed on the Premises: (i) HVAC equipment, (ii) boiler and pressure vessels; and (iii) clarifiers and grease interceptors. Lessor reserves the right. upon notice to Lessee, to procure and maintain any or all of such service contracts, and Lessee shall reimburse Lessor, upon demand, for tine cost thereof. (c) Failure to Perform. If Lessee fails to perform Lessee's obligations under this Para -mph 7. 1, Lessor may enter upon the Premises after 10 days' prior written notice to Lessee (except in the case of an emergency, in which case no notice shall be required), perform such obligations on Lessee's behalf, and put the Premises in good order, condition and repair, and Lessee shall promptly pay to Lessor a sum equal to the cost thereof. (d) Replacement. Subject to Lessee's indemnification or Lessor as set forth in Paragraph 8.7 below, and without relieving Lessee of liability resulting from Lessee's failure to exercise and perform good maintenance practices, if an item described in 25E-10 Paragraph 7.1(b) cannot be repaired other than at a cost which is in excess of 507o of the cost of replacing such item, then such item may be replaced by Lessor, and the cost thereof shall be prorated between the Parties and Lessee shall only be obligated to pay, each month during the remainder or the term or this Lease, on the date on which Base Rent is due, an amount equal to the product of mulliplying the cost of such replacement by a fraction, the numerator or which is one, and the denominator of which is 144 (i.e. 1/1441h of the cost per month). Lessee shall pay Interest on the unamortized balance but may prepay its obligation at any time 7.2 Lessor's Obligations. Subject in the provisions of Paragraphs 2.2 (Condition). 23 (Compliance). 4.2 (Common Area Operating Expenses). 6 (Use), 7.1 (Lessee's Obligations), 9 (Damage or Destruction.) and 14 (Condemnation). aA:l-su(ij�-ka reifl bal`50W ai t4UHUaxt to R� '.Eras h4.—'-. Lessor shall keep in good order. condition and repair the foundations, exterior walls. suvctural condition of interior bearing walls, exterior roof, lire sprinkler system. Common Arca lire alarm and/or smoke detection systems, lire hydrants. parkins lots. walkways. parkways, driveways, landscaping, fences, signs and utility systems serving the Common Areas and all part, lllert'Of, as nr<=1 a'v prilriel-1:, iltd 52Fi'123 iHF {fllr:h kit2Ft ti it EtlfiitHftA rEF2a 9ptFtFktng L:.peftse paFsgavl kit PaF.i:fapl} �f:=. Lessor shall not be obligated to paint the imerior surfaces of exterior walls nor shall Lessor be obligated to maintain.. repair or replace windows. doors or plate glass of the Premises all of which shall be performed by Lessee at Lessee's sole expense. Lessee expressly waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease. 7.3 Utility Installations; Trade Fixtures; Alterations. (a) Definitions. The term "Utility Installations" refers to all floor and window coverings, air and/or vacuum lines. power panels, electrical distribution. security and fire protection systems, communication cabling. lighting fixtures, HVAC equipment, plumbing, and fencing in or on the Premises. The term "Trade Fixtures' shall mean Lessee's machinery and equipment that can be removed without doing material damage to the Premises. The term "Alterations" shall mean any modification of the improvements, other than Utility Installations or Trade Fixtures. whether by addition or deletion. "Lessee Owned Alterations and/or Utility Installations" are defined as Alterations and/or Utility Installations made by Lessee that are not yet owned by Lessor pursuant to Paragraph 7.4(a). (b) Consent. Lessee shall not make any Alterations or Utility Installations to the Premises without Lessor's prior written consent. Lessee may, however, make non-structural Alterations and Utility Installations to the interior of the Premises (excluding the root) without such consent but upon notice to Lessor, as long as they are not visible from the outside, do not involve puncturing, relocatimf, or removing the rooror any existing walls, will not affect Elie electrical, plumbing, HVAC, and/or lire safety systems, and the cumulative cost thereof during this Lease as extended does not exceed a sum equal to 3 month's Base Rent in the assresnte or a sum equal to one month's Base Rent in any one year. Notwithstanding the foregoing, Lessee shall not make or permit any roorpenetrations and/or install anything on the roof without the prior written approval or Lessor. Lessor may, as a precondition to granting such approval, require Lessee to utilize a contractor chosen and/or approved by Lessor. Any Alterations or Utility Installations that Lessee shall desire to make and which require the consent of the Lessor shall be presented to Lessor in written form with detailed plans. Consent shall be deemed conditioned upon Lessee's: (i) acquiring all applicable governmental permits, (ii) furnishing Lessor with copies of both the permits and the plans and specifications prior to commencement or the work, and (iii) compliance with all conditions or said permits and other Applicable Requirements in a prompt and expeditious manner. Any Alterations or Utility Installations shall be performed in a workmanlike manner with good and sufficient materials. Lessee shall promptly upon completion furnish Lessor with as -built plans and specifications. For work which costs an amount in excess of one month's Base Rent, Lessor may condition its consent upon Lessee providing a lien and completion bond in an amount equal to 15o% or the estimated cost of such Alteration or Utility Installation and/or upon Lessee's posting an additional Security Deposit with Lessor. (c) Liens; Bonds. Lessee shall pay, when due, all claims for labor or materials rurnished or alleged to have been furnished to or for Lessee at or for use on the Premises, which claims are or may be secured by any mechanic's or materialnums lien against the Premises or any interest therein. Lessee shall give Lessor not less than 10 days' notice prior to the commencement of any work in, on or about the Premises, and Lessorshall have the right to post notices of non•responsibility.If Lessee shall contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense defend and protect itself, Lessor and the Premises against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof. if Lessor shall require, Lessee shall furnish a surety bond in an amount equal to 1507c of the amount or such contested lien, claim or demand, indemnifying Lessor against liability for the same. If Lessor elects to participate in any such action, Lessee shall pay Lessors attorneys' fees and costs. 7.4 Ownership; Removal; Surrender; and Restoration. (a) Ownership. Subject to Lessor's right to require removal or elect ownership as hereinafter provided, all Alterations and Utility Installations made by Lessee shall be the property of Lessee, but considered a part of the Premises. Lessor may, at any time, elect in writing to be the owner of all or any specified part of the Lessee Owned Alterations and Utility Installations. Unless otherwise instructed per Paragraph 7.4(b) hereof, all Lessee Owned Alterations and Utility Installations shall, at the expiration or termination of this Lease, became the property of Lessor and be surrendered by Lessee with the Premises. (b) Removal. By delivery to Lessee of written notice from Lessor not earlier than 90 and not later than 30 days prior to the end or the term of this Lease, Lessor may require that any or all Lessee Owned Alterations or Utility Installations be removed by the expiration or termination of this Lease. Lessor may require the removal at any time of all or any part of any Lessee Owned Alterations or Utility Installations made without the required consent. 25E-11 M Surrender; Restoration. Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. "Ordinary wear and tear" shall not include any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding- the foregoing, if this Lease is lar 12 months or less, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Lessee Owned Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee. Lessee shall also completely remove tram the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee. or any third party (except Hazardous Substances w hich were deposited via underground migration from areas outside of the Premises). even it such removal mould require Lessee to perform or pay for work that exceeds statutory requirements. Trade FlxtnrC.i shall remain the propeny of Lessee and shall tic removed by Lessee. Any personal property or Lessee not reproved on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned byLessee and may be disposed of or retained by Lessor as Lessor may desire. 'I he failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.4(c) without the express written consent or Lessor shall constitute it holdover under the provisions of 26 below. 8. Insurance; Indemnity. 8.1 Payment of Premiums. The cost of the premiums for the insurance policies required to be carried by Lessor, pursuant to Paragraphs 8.2(b), 8.3(a) and 8.3(b), shall be a Common Area Operating Expense. Premiums far paliey pedadseam eneirrg-prier te; er rtaend+ne-ireyand.-4111 lean of this Lease shall {re prarated to eaircide With the earrespendirw &art sate of C piratiaa Date: Or evidence or self insured retention in the same amount. 8.2 Liability Insurance. (a) Carried by Lessee. Lessee shall obtain and keep in force a Commercial General Liability policy of insurance protecting Lessee and Lessor as an additional insured against claims for bodily injury, personal injury and property damage based upon or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000,000 per occurrence with an annual aggregate ornot less than $2,000,000. Lessee shall add Lessor as an additional insured by means of an endorsement at leasl.as broad as the Insurance Service Organization's "Additional Insured -Managers or Lessors or Premises" Endorsement. The policy shall not contain any intra -insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an "insured contract" for the performance of Lessee's indemnity obligations under this Lease. The limits of said insurance shall not limit the liability of Lessee nor relieve Lessee of any obligation hereunder. Lessee shall provide an endorsement on its liability policy(ies) which provides that its insurance shall be primary to and not contributory with any similar insurance carried by Lessor, whose insurance shall be considered excess insurance only. (b) Carried by Lessor. Lessor shall maintain liability insurance as described in Paragraph 8.2(a), in addition to, and not in lieu or, the insurance required to be maintained by Lessee. Lessee shall not be named as an additional insured therein. 8.3 Property Insurance • Building, Improvements and Rental Value. (a) Building and Improvements. Lessor shall obtain and keep in force a policy or policies of insurance in the name of Lessor, with loss payable to Lessor, any ground -lessor, and to any Lender insuring loss or damage to the Premises. The amount of such insurance shall be equal to the full insurable replacement cost of the Premises, as the same shall exist from time to time, or the amount required by any Lender, but in no event more than the commercially reasonable and available insurable value thereof. Lessee Owned Alterations and Utility Installations, Trade Fixtures, and Lessee's personal property shall be insured by Lessee not by Lessor. If the coverage is available and commercially appropriate, such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of Flood and/or earthquake unless required by a Lender), including coverage for debris removal and the enforcement or any Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any portion of the Premises as the result of a covered loss. Said policy or policies shall also contain an agreed valuation provision in lieu of any coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. (b) Rental Value. Lessor shall also obtain and keep in force a policy or policies in the name of Lessor with loss payable to Lessor and any Lender, insuring the loss of the full Rent for one year with an extended period of indemnity for an additional 180 days ("Rental Value Insurance"). Said insurance shall contain an agreed valuation provision in lieu of any coinsurance clause, and the amount of coverage shall be adjusted annually to reflect the projected Rent otherwise payable by Lessee, for the next 12 month period. (c) Adjacent Premises. Lessee shall pay for any increase in the premiums for the property insurance of the Building and for the Common Areas or other buildings in the Shopping Center if said increase is caused by Lessee's acts, omissions, ase er-eeeu paner4ithe-Premises. to 25E-12 8.4 Lessee's Property; Business Interruption Insurance; Worker's Compensation Insurance. (a) Property Damage. Lessee shall obtain and maintain insurance coverage on all of Lessee's personal property, Trade Fixtures, and Lessee Owned Alterations and Utility Installations. Such insurance shall be full replacement cost coverage with a deductible of not to exceed 51.000 per occurrence. The proceeds from any such insurance shall be used by Lessee for the replacement of personal property, Trade Fixtures and Lessee Owned Alterations and Utility Installations. (b) -- --Business lriterruption.-Lessee-shah -obtain-and--o-in, tin -lose of ineerxe and eetra espease insurance is amounts as VAII o4niburse Lessee far }heat of indira<tlass eFearniags at:ribatable to all perils aaaimoalyirtsured agaiust kr pFaden lesxesia t x kusiness efLessee PF a tributable to pFeveativa 0 mess to thr PF miles asxtFesu4+ofseals perils. WorkeV,, C-ampensation Insarenee: Lessee sliall-obteia and ma'inktiff WodeeF'5 CortpensaHon trtsafanea in saeh aFaairat -a5 may -ba required 1ry-_4ppliaable Regairataenis. Sueh poliey shall inelude a 'Waiver of Su4nigation' endol, e. o tY1r. Leiiee Shall provide LCiis , vyhh a Eopy Elf Such eatWfseateat alen�- Nith the c_Ftirtz4te 4 iniuraaee OF eoft f4 M2 pdbH� required Paragraph F..3. (d) No Representation of Adequate Coverage. Lessor makes no represemation that the limits or hirm., of coverage of insurance specified herein are adequate to cover Lessee's property, business operations or obligations under this Lease. 8.5 insurance Policies. Insurance required herein shall be by companies maintaining during the policy term a "General Policyholders Rating" of at least A- ViI, as set forth in the most current issue of "Best's Insurance Guide", or such other rating as may be required by a Lender. Lessee shall not do or permit to be done anything which invalidates the required insurance policies. Lessee shall, prior to the Stan Date, deliver to Lessor certified copies of policies or such insurance or certificates with copies of the required endorsements evidencing Elie existence and amounts of the required insurance. No such policy shall be cancelable or subject to modification except after 30 days prior written notice to Lessor. Lessee shall, at least 10 days prior to the expiration of such policies, furnish Lessor with evidence of renewals or "insurance binders" evidencing renewal thereof, or Lessor may order such insurance and charge the cost thereof to Lessee, which amount shall be payable by Lessee to Lessor upon demand. Such policies shall be for a term of at least one year, or the length of the remaining term of this Lease, whichever is less. If either Party shall fail to procure and maintain the insurance required to be carried by it, the other Party may, but shall not be required to, procure and maintain the same. 8.6 Waiver of Subrogation. Without affecting any other rights or remedies, Lessee and Lessor each hereby release and relieve the other, and waive their entire right to recover damages against the other, for loss oror damage to its property arising out oror incident to the perils required to be insured against herein. The effect ol'such releases and waivers -is not limited by the amount or insurance carried or required, or by any deductibles applicable hereto. The Parties agree to have their respective property damage insurance carriers waive any right to subrogation that such companies may have against Lessor or Lessee. as the case may be, so long as the insurance is not invalidated thereby. 8.7 Indemnity. Except for Lessor's gross negligence or willful misconduct, Lessee shall indemnity, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, property manager, partners and Lenders, front and against any and all claims, loss of: rents and/or damages, liens, judgments, penalties, attorneys' and consultants' fees, expenses and/or liabilities arising out of, involving, or in connection with, due use and/or occupancy of the Premises by Lessee. irany action or proceeding is brought against Lessor by reason of any or the foregoing matters. Lessee shall upon notice defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such derense. Lessor need not have first paid any such claim in order to be defended or indemnified. 8.8 Exemption of Lessor and its Agents from Liability. Notwithstanding the negligence or breach of this Lease by Lessor or its agents, neither Lessor nor its agents shall be liable under any circumstances for: (i) injury or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about Elie Premises, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, indoor air quality, the presence of mold or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, or from any other cause, whether the said injury or damage results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a part, or from other sources or places, (ii) any damages arising from any act or neglect of any other Lessee of Lessor or from the failure of Lessor or its agents to enforce the provisions crony Either lease in the Shopping Center, or (iii) injury to Lessee's business or for any loss or income or profit therefrom. Instead, it is intended that Lessee's sole recourse in the event of such damages or injury be to rile a claim on the insurance policy(ies) that Lessee is required to maintain pursuant to the provisions of Paragraph 8. 9. Damage or Destruction. 9.1 Definitions. (a) "Premises Partial Damage" shall mean damage or destruction to the improvements on the Premises, other than Lessee Owned Alterations and Utility Installations, which can reasonably be repaired in 6 months or less from the date of the damage or destruction, and the cost thereof does not exceed a sum equal to 6 month's Base Rent. Lessor shall notify Lessee in writing within 30 days from the date of the damage or destruction as to whether or not the damage is Partial or Total. (b) "Premises Total Destruction" shall mean damage or destruction to the improvements on the Premises, other than Lessee Owned Alterations and Utility Installations and Trade Fixtures, which cannot reasonably be repaired in 6 25E-13 months or less from the date of the damage or destruction and/or the cost thereof exceeds a sum equal to 6 month's Base Rent. Lessor shall notify Lessee in writing within 30 days from the date of the damage or destruction as to whether or not the damage is Partial or Total. (c) "Insured Loss" shall mean damage or destruction to improvements on the Premises, other than Lessee Owned Alterations and Utility Installations and Trade Fixtures, which was caused by an event required to be covered by the insurance described in Paragraph 8.3(a). irrespective of any deductible amounts or coverage limits involved. (d) "Replacement Cost" shall mean the cost to repair or rebuild the improvements owned by Lessor at the time of the occurrence to their condition existing immediately prior thereto. including demolition. debris removal and upgrading required by the operation or Applicable Requirements, and without deduction for depreciation. (e) "Hazardous Substance Condition" shall mean the occurrence or discovery or a condition, involving the presence of. or a contamination by. a Hazardous Substance. in.. on. or under the Premises or Common Area, which requires restoration. 9.2 Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs. then Lessor shall, at Lessor's expense. repair such damage (but not Lessee's Trade Fixtures or Lessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect. Notwithstanding the foregoing, if the required insurance was not in force or the insurance proceeds are not sufficient to allect such repair, the Insuring Party shall promptly contribute the shortage in proceeds as and when required to complete said repairs. In the event, however, such shortage wns due to the fact that, by reason of the unique nature of the improvements, full Replacement Cost insurance coverage was not commercially reasonable and available, Lessor shall have no obligation to pay for the shortage in insurance proceeds or to fully restore the unique aspects orthe Premises unless Lessee provides Lessor with the funds to cover same, or adequate assurance thereof, within 10 days following receipt of written notice or such shortage and request therefor. If Lessor receives said funds or adequate assurance thereof within said 10 day period, the party responsible for making the repairs shall complete them as soon as reasonably possible and this Lease shall remain in full force and effect. II'such funds or assurance are not received, Lessor may nevertheless elect by written notice to Lessee within 10 days thereafter to: (i) make such restoration and repair as is commercially reasonable with Lessor paying any shortage in proceeds, in which case this Lease shall remain in full forceand effect, or (ii) have this Lease terminate 30 days thereafter. Lessee shall not be entitled to reimbursement of any funds contributed by Lessee to repair any such damage or destruction. Premises Partial Damage due to flood or earthquake shall be subject to Paragraph 9 3, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Party. 9.3 Partial Damage - Uninsured Loss. If a Premises Partial Damage that is not an Insured Loss occurs, unless caused by agrossly negligent or willful act ol'Lessee (in which event Lessee shall make the repairs at Lessee's expense), Lessor may either: (I) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) terminate this Lease by giving written notice to Lessee within 30 days alter receipt by Lessor of knowledge of the occurrence of such damage. Such termination shall he effective 60 days following the date of such notice. In the event Lessor elects to terminate this Lease, Lessee shall have the right within 10 days after receipt or the termination notice to give written notice to Lessor or Lessee's commitment to pay ror the repair of such damage without reimbursement from Lessor. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within 30 days after making such commitment. In such event this I -ease shall continue in full force and ef'f'ect, and Lessor shall proceed to make such repairs as soon as reasonably possible after the required funds are made available to Lessor. If Lessee does not make the required commitment, this Lease shall terminate as of the date specified in the termination notice. 9.4 Total Destruction. Notwithstanding any other provision hereof, if a Premises Total Destruction occurs, this Lease shall terminate 60 days following such Destruction. Ir the damage or destruction was caused by the gross negligence or willful misconduct of Lessee, Lessor shall have the right to recover Lessors damages from Lessee, except as provided in Paragraph 8.6. 9.5 Damage Near End of Term. If at any time during the last 12 months of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective as of the date of occurrence orsuch damage by giving a written termination notice to Lessee within 90 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend ibis Lease and the damage is an Insured Loss, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee's receipt or Lessor's written notice purporting to terminate this Lease, or (if) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in fullforce and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, or if the damage is not an Insured Loss, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished. 9.6 Damage to Shopping Center. In the event of any damage or destruction to other portions of the Building or to any other buildings in the Shopping Center, whether insured or uninsured (and whether or not there is also damage or destruction to the Premises), which cannot reasonably be repaired in 12 months or less from the date of the damage or destruction, Lessor may either (i) repair such damage or destruction as soon as reasonably possible without expense to Lessee, in which event this Lease shall continue in 12 25E-14 full force and effect, or (ii) terminate this Lease by giving written notice to Lessee within 90 days after receipt by Lessor of knowledge or the occurrence of such damage or destruction. Such termination shall be effective 60 days following the date of such notice. 9.7 Abatement of Rent; Lessee's Remedies. (a) Abatement. In the event or Premises Partial Damage or Premises Total Destruction or a Hazardous Substance Condition for which Lessee is not responsible under this Lease, the Base Rem payable by Lessee for the period required for the repair, remediation or restoration of such damage shall be abated in proportion to the degree to which Lessee's use or the Premises is impaired, but not to exceed the proceeds actually received by Lessor from the Rental Value Insurance. All other obligations of Lessee hereunder shall he performed by Lessee, and Lessor shall have no liability for any such damage. destruction. remediation. repair or restoration except as provided herein. (b) Termination; Advance Payments. Upon termination of this Lease pursuant to Paragraph 6.2(2) or Paragraph 9. an equitable adjusunent shall be made concerning advance Base Rent and any m1wr advance payments made by Lessee to Lessor. Lessor shall. in addition, return to Lessee so much of Lessee's Security Deposit as has not been. or is not then required to he. used by Lessor. to. Real Property Taxes. 10.1 Definition. As used herein, the term "Real Property Taxes' shall include any form orassessment; real estate, general, special, ordinary or extraordinary, or rental levy or tax (other than inheritance, personal income or estate taxes); improvement bond; and/or license fee imposed upon or levied against any legal or equitable interest of Lessor in the Shopping Center, Lessor's right to other income therefrom, and/or Lessor's business of leasing, by any authority having the direct or indirect power to tax and where the funds are generated with reference to the Shopping Center address and where the proceeds so generated are to be applied by the city, county or other local taxing authority of ajurisdiction within which the Shopping Center is located. The term "Real Property Taxes" shall also include any tax, fee, levy, assessment or charge, or any increase therein: (i) imposed by reason of events occurring during the term of this Lease, including but not limited to, a change in the ownership of the Shopping Center, (ii) a change in the improvements thereon, and/or (iii) levied or assessed on machinery or equipment provided by Lessor to Lessee pursuant to this Lease. In calculating Real Property Taxes for any calendar year, the Real Property Taxes for any real estate tax year shall be included in the calculation of Real Property Taxes for such calendar year based upon the number ordays which such calendar year and lax year have in common. 10.2 Payment of Taxes. Except as otherwise provided in Paragraph 10.3, Lessor shall pay the Real Property Taxes applicable to the Shopping Center, and -said -payments -shall -be sae/aded-in-the eaWatfua of Common-{trea 8per�ting-£,lpettses-ia ac-eerdanee with-the-raevisians of paragraph 3 �2: 10.3 Additional Improvements. Notwithstanding Paragraph 10.2 hereof, Lessee shall, however, pay to Lessor at the time Gem all Area-9peratiag-Fxpea5es-are-payable-oader paragraph -4' ' the entirety of any increase in Real Property Taxes it' assessed solely by reason of Alterations, Trade Fixtures or Utility Installations the upon the Premises by Lessee or at Lessee's request, or by reason of any alterations or improvements to the Premises made by Lessor subsequent to the execution of this Lease by the Parties. 10.4 hinE-AssessnteeE-lflhe-Building-is-nelsepafatelyassessed-seal-Pfaf ftyT-aiiesa imatedto-thel3eildingsil"be atregoitnblefxeper-tienefthe-ReaFp erty-a'axes-feFaN-oftheland-andi preveimm"ehide"thinthe-tax-panel-assessedrseeh proportion4eke-determined by4:esseFfrem- the respeei:. oes-verk-sheets- FsaehotbeMnferrnaNea as -maybe reasamabiy-available—L-esser's-reaseaable-determinntien thereefrin.aeed-faith.-shA be eeneansive: 10.5 Personal Property Taxes. Lessee shall pay prior to delinquency all taxes assessed against and levied upon Lessee Owned Alterations and Utility Installations, Trade Fixtures, furnishings, equipment and all personal property of Lessee contained in the Premises. When possible, Lessee shall cause its Lessee Owned Alterations and Utility Installations, Trade Fixtures, furnishings, equipment and all other personal property to be assessed and billed separately from the real property o1' Lessor. If any of Lessee's said properly shall be assessed with Lessor's real property, Lessee shall pay Lessor the taxa attributable to Lessee's property within 10 days after receipt ora written statement setting forth the taxes applicable to Lessee's property. I1. Utilities and Services. Lessee shall pay for all water, gas, heat, light, power, telephone, Gash dispesal and other utilities and services supplied to the Premises, together with any taxes thereon. To-the-exte#-axy-saeh�ttiftties-andJar-serviees-areihat-separately File! eredrL-essee shaN-payLessee',�arelhereef+n-aeeerph 4,4, if at any time in Lessor's sole judgment, Lessor determines that Lessee is using a disproportionate amount of water, electricity or other commonly metered utilities, or that Lessee is generating such a large volume of trash as to require an increase in the size of the trash receptacle and/or an increase in the number of limes per month that it is emptied, then Lessor may increase Lessee's Base Rent by an amount equal to such increasedcosts. There shall be no abatement or Rent and Lessor shall not be liable in any respect whatsoever for the inadequacy, stoppage, interruption or discontinuance orally utility or service due to riot, strike, labor dispute, breakdown, accident, repair or other cause beyond Lessors reasonable control or in cooperation with governmental request or directions. 12. Assignment and Subletting. 12.1 Irssor's Consent Required. 13 25E-15 (a) Lessee shall not voluntarily or by operation of law assign, transfer, mortgage or encumber (collectively, "assign or assignment"). license orsubletall or any part al' Lessee's interest in this Lease or in the Premises without Lessor's prior written consent. (b) Unless Lessee is a corporation and its stock is publicly traded or, a national stock exchange, a change in (fie control of Lessee shall constitute an assignment requiring consent. The transfer, on a cumulative basis, of 25% or more of the voting control of Lessee shall constitute a change in control for this purpose (c) The involvement of Lessee or its assets in any transaction, or series of transactions by way of merger, sale. acquisition, financing. transfer, leveraged buy-out or otherwise. which results or will result in a reduction of the Net worth of Lessee by an amount greater than 25% of such Net worth as it was represented at the time of' the execution of [his Lease or at the time of the most recent assignment to which Lessor has consented, or as it exists immediately prior to said transnedon or transactions constituting such reduction., whichever was or is greater. shall be considered an ass'ienmert of this Lease to which Lessor may withhold its consent "Net Worth of Lessee" shall mean the net worth of Lessee (including any guarantors) established under generally accepted accounting principles (d) An assignment or subletting without consent shall, at Lessors option, be a Delauli curable alter notice per Paragraph 13.1(c), or a non -curable Breach without the necessity orally notice and grace period. Il Lessor elects to treat such unapproved assignment or subleuing as a non -curable Breach. Lessor may either: (i) terminate this Lease, or (ii) upon 30 days written notice, increase the monthly Base Rent to 1107, of the Base Rent then in effect. Further, in the event of such Breach and rental adjustment, all fixed and nun -fixed rental adjustments scheduled during the remainder of the Lease term shall be increased to 110% of the scheduled adjusted rent. (e) Lessee's remedy lir any breach of Paragraph 12.1 by Lessor shall be limited to compensatory damages and/or injunctive relief'. M Lessor may reasonably withhold consent to a proposed assignment or subletting illessee is in Default at the time consent is requested. (g) Notwithstanding the foregoing, allowing a de minimis portion of the Premises, i.e. 20 square feat or less, to be used by a third party vendor in connection with (he installation ora vending machine orpayphonc shall not constitute asublettine. 12.2 Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment or subleuing shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee or any obligations hereunder, or (iii) alter the liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by Lessee. (b) Lessor may accept Rent or performance of Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval or such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for Lessee's Default or Breach. (c) Lessors consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting. (d) In the event of any Default or Breach by Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for lite performance of Lessee's obligations under this Lease, including any assignee or sublessee, without First exhausting Lessor's remedies against any other person or entity responsible therefore to Lessor, or any security held by Lessor. (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessors determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification or the Premises, if' any, together with a fee of 51,000.00 as consideration for Lessors considering and processing said request. Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 35) (f) Any assignee of, or sublessee under, this Lease shall, by reason oraccepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed orperrormed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment orsublease to which Lessor has specifically consented to in writing. (g) Lessor's consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by Lessor in writing. 12.3 Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed to be included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all 01' Lessee's interest in all Rent payable on any sublease, and Lessor may collect such Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach shall occur in the performance of Lessee's obligations, Lessee may collect said Rent. In the event that the amount collected by Lessor exceeds Lessee's then outstanding obligations any such excess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing or any assignment of such sublease, nor by reason of the collection of Rent, be deemed liable to the sublessee 14 25E-16 for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessec's obligations under this Lease, to pay to Lessor all Rent due and to become due under file sublease. Sublessee shall rely upon any such notice from Lessor and shall pay all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists, notwithstanding any claim from Lessee to the contrary. (b) in the event of n Breach by Lessee. Lessor may, at its option, require sublessee to acorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise or said option to the expiration of such sublease: provided. however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any prior Defaults or Breaches of such sublessor. (c) Any matter requiring the consent of the sublessor under a sublease shed[ also require the consent of Lessor. (d) No suh!cssee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. 13. Default; Breach; Remedies. 13.1 Default; Breach. A "Default" is defined as a failure by the Lessee to comply with or perform any of the terms, covenants, conditions or Rules and Regulations under this Lease. A "Breach" is defined as the occurrence of one or more of the following Defaults, and the failure of Lessee to cure such Default within any applicable grace period: (a) The vacating or abandonment of the Premises. Lessee shall be deemed to have vacated the Premises if Lessee ceases to continuously operate its business in the Premises for a period of 5 consecutive days. (b) The failure of Lessee to make any payment of Rent or any Security Deposit required to be made by Lessee hereunder, whether to Lessor or to a third party, when due, to provide reasonable evidence of insurance or surety bond, or to full ill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of 5 days fallowing written notice to Lessee. THE ACCEPTANCE BY LESSOR OF A PARTIAL PAYMENT OF RENT OR SECURITY DEPOSIT SHALL NOT CONSTITUTE A WAIVER OF ANY OF LESSOR'S RIGHTS, INCLUDING LESSOR'S RIGHT TO RECOVER POSSESSION OF THE PREMISES. (c) The failure of Lessee to allow Lessor and/or its agents access to the Premises or the commission of waste; act or acts constituting public or private nuisance, and/or an illegal activity on the Premises by Lessee, where such actions continue for a period of 5 days following written notice to Lessee. (d) The failure by Lessee to provide (i) reasonable written evidence of compliance with Applicable Requirements, (i!) the service contracts, (iii) the rescission of an unauthorized assignment or subletting, (iv) an Estoppel Certificate or financial statements, (v) a requested subordination, (vi) evidence concerning any guaranty and/or Guarantor, (vii) any document requested under Paragraph 40, (viii) material data safety sheds (MSDS), or (ix) any other documentation or information which Lessor may reasonably require or Lessee under the terms of this Lease, where any such failure continues for a period of 10 days following written notice to Lessee. (e) A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 2.9 hereor, other than those described in subparagraphs 13.1(x), (b), (c) or (d), above, where such Default continues for a period of 30 days after written notice; provided, however, that if the nature ofLessee's Default is such that more than 30 days are reasonably required for its cure, then it shall not be deemed to be a Breach if Lessee commences such cure within said 30 day period and _thereafter diligently prosecutes such cure to completion. (1) The occurrence of any of the following events: (i) the making of any general arrangement or assignment for the benefit of creditors; (ii) becoming a "debtor" as defined in I I U.S.C. § 101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within 60 days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within 30 days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or or Lessee's interest in this Lease, where such seizure is not discharged within 30 days; provided, however, in the event that any provision of this subparagraph is contrary to any applicable law, such provision shall be of no force or effect, and not affect the validity of the remaining provisions. (g) The discovery that any financial statement of Lessee or of any Guarantor given to Lessor was materially false. (h) If the performance of Lessers obligations under this Lease is guaranteed: (i) the death of a Guarantor, (ii) the termination or attempted termination of a Guarantor's liability with respect to this Lease other than in accordance with the express terms of such guaranty, (iii) a Guarantor's becoming insolvent or the subject ora bankruptcy filing, (iv) a Guarantors refusal to honor the guaranty, or (v) aGuaranlor's breach of its guaranty obligation on an anticipatory basis, and Lessee's failure, within 30 days following written notice of any such event, to provide written alternative assurance or security, which, when coupled with the then existing resources of Lessee, equals or exceeds the combined financial resources orLessee and the Guarantors that existed at the time of execution of this Lease. Is 25E-17 13.3 Remedies. If Lessee fails to perform any of its affirmative duties or obligations, within 10 days after written notice (or in case of an emergency, without notice), Lessor may, at its option, perform such duty or obligation on Lessee's behalf, including but not limited to the obtaining of reasonably required bonds, insurance policies. or governmental licenses. permits or approvals. Lessee shall pay to Lessor an amount equal to the costs and expenses incurred by Lessor in such performance upon receipt oran invoice therefor. In the event of a Breach, Lessor may, with or without further notice or demand, and without limitine Lessor in the exercise of any right or remedy which Lessor may have by reason of such Breach: (a) Terminate Lessee's right to possession of the Premises by any lawful means. in which case this Lease shall terminale and Lessee shall immediately surrender possession to Lessor. In such event Lessor shall be entitled to recover from Lessee: (i) the unpaid Rent which had been earned at the time of termination. (til the worth at the time of award of the amount by which the unpaid Rent which would have been earned alter termination until the time of award exceeds the amount ol'such rental loss that Lessee proves could have been reasonably avoided: (iii) the worth at the time of award or the amount by which the unpaid Rent lift the balance of the tern after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided: and (iv) any other amount necessary to compensate Lessor for all the detriment proximately caused by the Lessee's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom. including but not limited to the cost of recovering possession of the Premises, expenses or re -letting, including necessary renovation and alteration of the Premises, reasonable attorneys' fees. and that portion orany Leasing commission paid by Lessor in connection with this Lease applicable to the unexpired term of this Lease. The worth at the time of award of the amount referred to in provision (iii) of the immediately preceding sentence shall be computed by discounting such amount at the discount rate orthe Federal Reserve Bank of the District within which the Premises are located at the time of award plus one percent. Efforts by Lessor to mitigate damages caused by Lessee's Breach of this Lease shall not waive Lessor's right to recover any damages to which Lessor is otherwise entitled. Ifterminetion of this Lease is obtained through the provisional remedy of unlawful detainer, Lessor shall have the right to recover in such proceeding any unpaid Rent and damages as are recoverable therein, or Lessor may reserve the right to recover all or any part thereof in a separate suit. If a notice and grace period required under Paragraph 13.1 was not previously given, a notice to pay rent or quit, or to perform or quit given to Lessee under the unlawful detainer statute shall also constitute the notice required by Paragraph 13. 1. In such case, the applicable grace period required by Paragraph 13.1 and the unlawful detainer statute shall run concurrently, and the failure of Lessee to cure the Default within the greater of the two such grace periods shall constitute both an unlawful detainer and a Breach of this Lease entitling Lessor to the remedies provided for in this Lease and/or by said statute. (b) Continue the Lease and Lessee's right to possession and recover the Rent as it becomes due, in which event Lessee may sublet or assign, subject only to reasonable limitations. Acts or maintenance, efforts to re -let, and/or the appointment of a receiver to protect the Lessor's interests, shall not constitute a termination of the Lessee's right to possession. (c) Pursue any other remedy now or hereafter available under the laws orjudicial decisions of the state wherein the Premises are located. The expiration or termination of this Lease and/or the termination of Lessee's right to possession shall not relieve Lessee from liability under any indemnity provisions of this Lease as to matters occurring or accruing during the term hereof or by reason or Lessee's occupancy of the Premises. 13.3 Inducement Recapture. Any agreement for free or abated rent or other charges, or for the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions are hereinafter referred to as "Inducement Provisions", shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms, covenants and conditions of this Lease. Upon Breach of this Lease by Lessee, any such Inducement Provision shall automatically be deemed deleted from this Lease and or no further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given orpaid by Lessorundersuch an Inducement Provision shall be immediately due and payable by Lessee to Lessor, subject to the timely, subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure or the Breach which initialed the operation of this paragraph shall not be deemed a waiver by Lessor of the provisions of this paragraph unless specifically so stated in writing by Lessor at the time of such acceptance. 13.4 Late Charges. Lessee hereby acknowledges that late payment by Lessee Of Rent will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by any Lender. Accordingly, if any Rent shall not be received by Lessor within 5 days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall immediately pay to Lessor a one-time late charge equal to 10% of each such overdue amount or $100, whichever is greater. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment. Acceptance orsuch late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, fora consecutive installments of Base Rent, then notwithstanding any provision of this Lease to the contrary, Base Rent shall, at Lessors option, become due and payable quarterly in advance. 13.5 Interest. Any monetary payment due Lessor hereunder, other than late charges, not received by Lessor, when due shall bear interest from the 31st day after it was due. The interest ("Interest") charged shall be computed at the rate of 1090 per annum but shall not exceed the maximum rate allowed by law. Interest is payable in addition to the potential late charge provided for in Paragraph 13.4. 16 25E-18 13.6 Breach by Lessor. (a) Notice of Breach. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Lessor. For purposes of this Paragraph, a reasonable time shall in no event be less than 30 days after receipt by Lessor, and any Lender whose name and address shall have been furnished Lessee in writing for such purpose. of written notice specifying wherein such obligation or Lessor has not been performed: provided. however. that il'the nature of Lessors oblieation is such that more than 30 days are reasonably required for its performance. then Lessor shall not be in breach if performance is commenced within such 30 day period and therearwrdiligeutly pursued to completion. Under no circumstances shall Lessee have the right to terminate the Lease as a result of Lessor's breach or alleged breach of the Lease. (b) Performance by Lessee on Behalf of Lessor. In the event that neither Lessor nor Lender cures said breach %viihin 30 days alter receip: of said notice. or if having commmnced said cure they do not diligently pursue it to completion; then Lessee may upon. 30 days prior written notice to Lessor. elect to cure said breach at Lessee's cxpcnsc. and should Lessor fail or refuse to reimburse Lessee for the actual, itemized, third -party cost of such cure within 30 days following Lessor's receipt of Lessee's itemized invoice for same. Lessee may offset from Base Rent the actual and reasonable cost to perforin such cure, provided however, that such offset shall not exceed an amount equal to the greater of one months Base Rent or the Security Deposit. reserving Lessees right to reimbursement from Lessor for any such expense in excess of such offset. 14. Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise orsaid power (collectively "Condemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than 10% of the floor area of the Premises is taken by Condemnation, Lessee may, at Lessee's option, to he exercised in writing within 20 days after Lessor shall have given Lessee written notice or such taking (or in the absence of such notice, within 20 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. B'Lessee does not terminate this Lease in accordance with the foregoing. this Lease shall remain in full force and effect as to the portion or the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction Rentable Area of the Premises caused by such Condemnation. Condemnation awards and/or payments shall he the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the pan taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemner for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph- All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation to the extent of the Condemnation Award actually received by Lessor, irany. 15. Brokerage. 15.1 Representations and Indemnities or Broker Relationships. Lessee and Lessor cacti represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any) in connection with this Lease, and that no one other than said named Brokers is entitled to any commission or finder's fee in connection herewith. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which maybe claimed by any such unnamed broker, finder cr other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 16. Estoppel Certificates, (a) Lessee (as "Responding Party") shall within 10 days after written notice from Lessor (the "Requesting Party") execute, acknowledge and deliver to the Requesting Party an estoppel statement or certificate in writing in the form designated by Lessor (or Lessor's Lenderor purchaser), plus such additional information, confirmation and/or statements as may be reasonably requested by the Requesting Party. (b) If the Responding Party shall fail to execute or deliver the Estoppel Certificate within such 10 day period, the Requesting Party may execute an Estoppel Certificate siting that: (i) the Lease is in full force and effect without modification except as may be represented by the Requesting Party, (ii) there are no uncured defaults in the Requesting Party's performance, and (iii) not more than one month's rent has been paid in advance. Prospective purchasers and encumbrances may rely upon the Requesting Party's Estoppel Certificate, and the Responding Party shall be estopped from denying the truth of the facts contained in said Cerlilicate. In addition, Lessee acknowledges that any failure on its part to provide such an Estoppel Certificate will expose Lessor to risks and potentially cause Lessor to incur costs not contemplated by this Lease, the extent of which will he extremely difficult to ascertain. Accordingly, should Lessee fail to execute and/or deliver a requested Estoppel Certificate in a timely fashion the monthly Base Rent shall be automatically increased, without any requirement for notice to Lessee, by an amount equal to f o% or the then existing Base Rent or $100, whichever is greater for remainder of the Lease. The Parties agree that such increase in Base Rent represents fair and reasonable compensation for the additional risk/costs that Lessor will incur by reason of Lessee's failure to provide the Estoppel 17 25E-19 Certificate. Such increase in Base Rent shall in no event constitute a waiver of Lessee's Default or Breach with respect to the failure to provide the Estoppel Certificate nor prevent the exercise orally of the other ri;=hts and remedies granted hereunder. (c) If Lessor desires to finance, ref inance. or sell the Premises, or any part thereof. Lessee and all Guarantor shall within 10 days after wri lien notice from Lessor deliver to any potential lender or purchaser designated by Lessor such financial statements as may be reasonably required by such lender or purchaser, including but not limited to Lessee's financial statements for the past 3 years. All such financial statements shall be received by Lessor and such lender or purchaser in confidence and shall be used only for the purposes herein set lorth. 17. Definition of Lessor. The term "Lessor" as used herein shall mean the owner or owners at the time in question of the fee title to the Premise;, or, if this is a sublease. of the Lessee's interest in [lie prior lease. In the even; ora transfer of Lessor's title or interest in the Premises or this Lease. Lesso, shall deliver to the vansferee or assignee (in cash or by credit) any unused Security Deposit held by Lessor. Upon such transfer or assignment and delivery nr the Security Deposit. as aforesaid. the prior Lessor shall be relieved of all liability with respect to tine obligations and/or covenants under this Lease thereafter to be perlormed by the Lessor. Subject to the foregoing. the obligations and/or covenants in this Lease to be performed by the Lessor shall lie binding only upon the Lessor as hereinabove defined. 18. Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction. shall in no way affect the validity orally other provision hereof. 19. Days. Unless otherwise specifically indicated to the contrary. the word "days" as used in this Lease shall mean and refer to calendar days. 20. Limitation on Liability. The obligations of Lessor under this Lease shall not constitute personal obligations of Lessor, or its partners, members, directors, officers or shareholders, and Lessee shall look to the Premises, and to no other assets of Lessor, for the satisfaction of any liability nl' Lessor with respect to this Lease, and shall not seek recourse against Lessor's partners, members, directors. officers or shareholders, or any of their personal assets for such satisfaction. 21. Time of Essence. Time is or the essence with respect to the performance of all obligations to be performed or observed by the Parties under this Lease. 22. No Prior or Other Agreements. This Lease contains all agreements between the Parties with respect to any matter mentioned herein, and no other prior or contemporaneous agreement or understanding shall be effective. 23. Notices. 23.1 Notice Requirements. All notices required or permitted by this Lease or applicable law shall be in writing and may be delivered in person (by hand or by courier) or may be sent by regular, certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile transmission, and shall be deemed sufficiently given if served in a manner specified in this Paragraph 23. The addresses noted adjacent to a Party's signature on this Lease shall be that Party's address for delivery or mailing of notices. Either Party may by written notice to the other specify a different address for notice, except that upon Lessee's taking possession of the Premises, the Premises shall constitute Lessee's address for notice. A copy of all notices to Lessor shall be concurrently transmitted to such party or parties at such addresses as Lessor may front time to time hereafter designate in writing. 23.2 Date of Notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or it no delivery date is shown, the postmark thereon. If sent by regular mail the notice shall be deemed given 72 hours after the same is addressed as required herein and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantees next day delivery shall be deemed given 24 hours after delivery of the same to the Postal Service or courier. Notices transmitted by facsimile transmission or similar means shall be deemed delivered upon telephone confirmation of receipt (confirmation report from fax machine is sufficient), provided a copy is also delivered via delivery or mail. If notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day. 24. Waivers. No waiver by Lessor of the Default or Breach of any term, covenant or condition hereof by Lessee, shall be deemed a waiver of any other term, covenant or condition hereof, or of any subsequent Default or Breach by Lessee of the same or of any other term, covenant or condition hereof. Lessor's consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Lessor's consent to, or approval of, any subsequent or similar act by Lessee, or be construed as the basis of an estoppel to enforce the provision or provisions of this Lease requiring such consent. The acceptance of Rent by Lessor shall not be a waiver orany Default or Breach by Lessee. Any payment by Lessee may be accepted by Lessor on account of moneys or damages due Lessor, notwithstanding any qualifying statements or conditions made by Lessee in connection therewith, which such statements and/or conditions shall be of no force or effect unless specifically agreed to in writing by Lessor at or before the time of deposit of such payment. THE TERMS OF In 25E-20 THIS LEASE SHALL GOVERN WITH REGARD TO ALL MATTERS RELATED THERETO AND HEREBY WAIVE THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE TO THE E\TENT THAT S UCH STATUTE IS INCONSISTENT WITH THIS LEASE. 25. No Right To Holdover. Lessee has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. In the event that Lessee holds over, then the Base Rem and Percentage Rent Rate shall be increased to 150% of the Base Rent and Percentage Rent Rate applicable immediately preceding the expiration or termination. Nothing contained herein shall be construed as consent by Lessor to any holding over by Lessee. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible. be cumulative with all other remedies at law or in equity. 27. Construction of Agreement. In construing. this Lease, all headings and titles are for the convenience of the Paries only and shall not be considered a part of this Lease. Whenever required by the context, the singular shall include the plural and vice versa. This Lease shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole. as if both Parties had prepared it. - 28. Binding Effect; Choice of Law. This Lease shall be binding upon the parties, their personal representatives, successors and assigns and he governed by the laws oflhe State in which the Premises are located. Any litigation between the Parties hereto concerning - this Lease shall be initiated in the county in which the Premises are located. 29. Subordination; Attornmenh Non -Disturbance. 29.1 Subordination. This Lease shall be subject and subordinate to any ground lease, mortgage, deed of trust, or other hypothecation or security device (collectively, "Security Device"), now or hereafter placed upon the Premises, to any and all advances made on the security thereof, and to all renewals, modifications, and extensions thereof. Lessee agrees that the holders of any such Security Devices (in this Lease together referred to as "Lender") shall have no liability or obligation to perform any of the obligations of Lessor under this Lease. Any Lender may elect to have this Lease superior to the lien of its Security Device by giving written notice thereof to Lessee, whereupon this Lease shall be deemed prior to such Security Device, notwithstanding the relative dates of the documentation or recordation thereof. 29.2 Attornment. In the event that Lessor transfers title to the Premises, or the Premises are acquired by another upon the foreclosure or termination of a Security Devise to which this Lease is subordinated (i) Lessee shall, subject to the non -disturbance provisions of Paragraph 29.3, attorn to such new owner, and upon request, enter into a new lease, containing all of the terms and provisions of this Lease, with such new owner for the remainder of the term hereof, or, at the election of the new owner, this Lease will automatically become a new lease between Lessee and such new owner, and (ii) Lessor shall thereafter be relieved of any further obligations hereunder and such new owner shall assume all of Lessor's obligations, except that such new owner shall not: (a) be liable for any act or omission of any prior lessor or with respect to events occurring prior to acquisition of ownership; (b) be subject to any offsets or defenses which Lessee might have against any prior lessor, (c) be bound by prepayment of more than one month's rent, or (d) be liable for the return of any security deposit paid to any prior lessor which was not paid or credited to such new owner. 29.3 Non -Disturbance. With respect to Security Devices entered into by Lessor after the execution of this Lease, Lessee shall execute and deliver to Lessor a commercially reasonable non -disturbance agreement (a "Non -Disturbance Agreement") from the Lender which Non -Disturbance Agreement provides that Lessee's possession of the Premises, and this Lease, including any options to extend the term hereof, will not be disturbed so long as Lessee is not in Breach hereof and attorns to the record owner of the Premises. Within 60 days after the execution of this Lease, Lessor shall, if requested by Lessee, use its commercially reasonable efforts to obtain a Non -Disturbance Agreement from the holder of any pre-existing Security Device which is secured by the Premises. In the event that Lessor is unable to provide the Non -Disturbance Agreement within said 60 days, then Lessee may, at Lessee's option, directly contact Lender and attempt to negotiate for the execution and delivery of a Non -Disturbance Agreement. 29.4 Self -Executing. The agreements contained in this Paragraph 29 shall be effective without the execution of any further documents; provided, however, that, upon written request from Lessor or a Lender in connection with a sale, financing or refinancing of the Premises, Lessee and Lessor shall execute such further writings as may be reasonably required to separately document any subordination, attornment and/or Non -Disturbance Agreement provided for herein. 30. Attorneys' Fees. If any Party brings an action or proceeding involving the Premises whether founded in tort, contractor equity, or to declare rights hereunder, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision orjudgment. The term "Prevailing Party" shall mean a Party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party of its claim or defense. The attorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be such as to 19 25E-21 fully reimburse all attorneys' fees reasonably incurred. In addition, Lessor shall been I itled to attorneys' fees, costs and expenses incurred in the preparation and service of notices of Default and consultations in connection therewith, whether or not a legal action is subsequently commenced in connection with such Default or resulting Breach (5200 is a reasonable minimum per occurrence for such services and consultation). 31. Lessor's Access; Showing Premises; Repairs. Lessor and Lessor's agents shall have the right to enter the Premises at any time, in the case of an emergency, and otherwise at reasonable times after reasonable prior notice for the purpose of showing the same to prospective purchasers, lenders, or Lessees. and making such alterations. repairs. improvements or additions to the Premises as Lessor may deem necessary or desirable and the erecting. using and maintaining of utilities. services-, pipes and conduits through the Premises and/or other premises as long as (here is no material adverse effect or. Lessee's use of dre Premises. All such activities shall be without abuenler.t 01' real or lability to Lessee, 32. Auctions. Lessee shall not conduct. nor permit to be conducted, any auction upon (he PremisC> without Lessor's prior written consent, which consent shall be granted or denied at Lessor's sole discretion. 33. Signs. Lessor may place on the Premises ordinary "For Lease' signs during the last 6 months of the term hereof. All signs must comply with all Applicable Requirements. Lessee shall not place, construct, or maintain on the glass panes or supports of the show windows or the Premises, the doors, exterior walls or the roof of the Building, or anywhere else within the Shopping Center outside of the Premises, or on any interior portions of the Premises that are visible from the exterior of the Premises, any signs, advertisements, names, insignia, trademarks, descriptive material or any other items without Lessor's prior written consent, which consent shall be granted or denied at Lessor's sole discretion. Lessor shall designate the si7c, shape, color, design, and location of all exterior signs) to be installed by Lessee. and Lessee shall, at Lessee's sole cost and expense, fabricate, construct and install all such sign(s) in full compliance with Lessor's designation and in accordance with the Sign Criteria for the Shopping Center attached hereto, if any. Lessee agrees to submit plans and specif ications for Lessee's sign(s) for Lessor's written approval within 30.days after the full execution hereof and to install such sig(s) prior to opening for business at the Premises. Lessor, at Lessee's cost, may remove any item placed, constructed or maintained in. upon or about lite Premises or Shopping Center which does not comply with this paragraph. Lessee shall have the right to install lettering designating Lessee's business, on both sides crone panel of the pylon signage along Harbor Blvd at Lessee's expense; with Lessor's approval of location. size, style and color. All signs that are permanently attached to the Premises or Building shall become the property of Lessor at the expiration or earlier termination hereof: provided, however, that Lessee shall promptly remove all such signs if Lessor so elects, and Lessee shall promptly repair all damage caused by such removal. Lessee shall not place, construct or maintain in, upon or about the Premises any search lights, flashing lights, loudspeakers, phonographs or other visual or audio media. 34. Termination; Merger. Unless specifically stated otherwise in writing by Lessor, the voluntary or other surrender of this Lease by Lessee, the mutual termination or cancellation hereof, or a termination hereof by Lessor for Breach by Lessee, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Lessor may elect to continue any one or all existing subtenancies. Lessor's failure within 10 days following any such event to elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Lessors election to have such event constitute the termination of such interest. 35. Consents. Except as otherwise provided herein, wherever in this Lease the consent of a Party is required to an act by or for the other Party, such consent shall not be unreasonably withheld or delayed. In those express instances where consent is within the sole discretion of a party, the party shall have no obligation to adhere to a standard of reasonableness. Lessors actual reasonable costs and expenses (including but not limited to architects, attorneys', engineers' and other consultants' fees) incurred in the consideration of, or response to, a request by Lessee for any Lessor consent, including but not limited 10 consents to an assignment, a subletting or the presence or use of a Hazardous Substance, shall be paid by Lessee upon receipt of an invoice and supporting documentation therefor. Lessor's consent to any act, assignment or subletting shall not constitute an acknowledgment that no Default or Breach by Lessee of this Lease exists, nor shall such consent be deemed a waiver orally then -existing Default or Breach, except as may be otherwise specifically stated in writing by Lessor at lite time of such consent. The failure to specify herein any particular condition to Lessor's consent shall not preclude the imposition by Lessor at the time of consent of such further or other conditions as are then reasonable with reference to the particular matter for which consent is being given. In the event that either Party disagrees with any determination made by the other hereunder and reasonably requests the reasons for such determination, the determining party shall furnish its reasons in writing and in reasonable detail within 10 business days following such request. 36. Guarantor. 36.1 Execution. The Guarantors, if any, shall each execute a guaranty of lease in the form prescribed by Lessor. 30 25E-22 36.2 Default. It shall constitute a Default of the Lessee if any Guarantor fails or refuses, upon request to provide: (a) evidence of the execution of the guaranty, including the authority or the party signing on Guarantor's behal I'to obligate Guarantor, and in the case ora corporate Guarantor. a certified copy of a resolution of its board of directors authorizing the making of such guaroray. (b) current financial statements, (c) an Estoppel Certificate, or (d) written confirmation that the guaranty is still in effect. 37. Quiet Possession. Subject to payment by lessee of the Rent and performance orall of the covenants, conditions and provisions on Lessee's part to be observed and performed under this Lease. Lessee shall have quiet possession and quiet enjoyment orthe Premises during the term hereof. 38. Options. If Lessee is granted any Option. as defined below. then the following provisions shall apply. 38.1 Definition "Option" shall mean: (a) the rieht to extend or reduce the term of or renew this Lease or to extend of reduce the term of or renew any lease that Lessee has on other properly of Lessor: and (b) the right of firs; refusal or lint offer to lease either the Premises or other property of Lessor: 38.2 Options Personal To Original Lessee, Any Option granted to lessee in this Lease is personal to the original Lessee, and cannot be assiened or exercised by anyone other than said original Lessee and only while the original Lessee is in full possession of the Premises and, if requested by Lessor, with Lessee certifying that Lessee has no intention of thereafter assi,ming or sublet ins. 38.3 Multiple Options. In the event that Lessee has any multiple Options to extend or renew this Lease, a later Option cannot he exercised unless the prior Options have been validly exercised. 38.4 Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (1) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been -given 3 or more notices ofseparate Default, whether or not the Defaults are cured, during the Term of the Lease. (b) The period or time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions or Section 38.4(a). 39. Security Measures. Lessee hereby acknowledges that the Rent payable to Lessor hereunder does not include the cost orguard service or other security measures, and that Lessor shall have no obligation whatsoever to provide same. Lessee assumes all responsibility for the protection of the Premises, Lessee, its agents and invitees and their property from the acts of third parties. While Lessor does not assume any responsibility to provide any security treasures or any liability for failure to provide security measures or for any inadequacy thereof, Lessor shall have the authority to institute or continue such security measures as Lessor in its sole discretion deems necessary or appropriate from time to time, the cost and expenses of which shall be considered Common Area Operating Expenses. 40. Reservations. Lessor reserves the right: (i) to grant, without the consent or joinder of Lessee, such easements, rights and dedications that Lessor deems necessary, (ii) to cause the recordation of parcel maps and restrictions, and (iii) to create and/or install new utility raceways, so long as such easements, rights, dedications, maps, restrictions, and utility raceways do not unreasonably interfere with the use of the Premises by Lessee. Lessee agrees to sign any documents reasonably requested by Lessor to effectuate such rights. 41. Building Planning. Lessor shall have the right m any time or limes, upon giving Lessee not less than 60 days prior written notice, to provide and furnish Lessee with space of comparable visibility located elsewhere within any of the buildings within the Shopping Center and to trove Lessee into such new space, provided that the usable area of such new space is not less than the usable area of the Premises and provided that all of Lessee's reasonable out -or -pocket moving expenses (including but not limited to the cost of moving Lessee's personal property, the cost of reprinting Lessee's stationery or other business materials with the new address, and the cost to relocate and reinstall Lessee improvements and Lessee's telecommunications and computer equipment) shall be paid by Lessor, and provided further that Lessor shall construct at Lessors expense such improvements to such new space as shall be necessary to place it in a condition that is substantially comparable to the Premises. Except as provided in the immediately preceding sentence, Lessor shall have no obligation to improve such space or pay any other expenses incurred by Lessee as a result of such relocation. On such relocation, the terms and conditions of this Lease shall remain in full force and effect, including but not limited to the Base Rent payable hereunder and Lessee's Share (even if the usable area of such relocated Premises is in excess of the usable area of the Premises), except that the Premises shall be in such new location. Upon Lessor's request, the Parties shall execute an amendment to this Lease in form required by Lessor confirming the relocation of the Premises to such new location. If the new space does not meet with Lessee's approval, which approval Lessee shall give or withhold in accordance with Paragraph 35, Lessee shall have the right to cancel this Lease by giving Lessor written notice thereof within 15 days of receipt of Lessors notification of its intent to relocate Lessee. Lessens failure to give such notice within such 15 day period shall be deemed Lessee's approval of the new space. If Barely notice is given by Lessee, 21 25E-23 then this Lease shall terminale unless Lessor rescinds Lessor's prior notice of its intent tore locale Lessee within 10 days after Lessor's receipt of Lessee's notice of cancellation. 43. Authority; Multiple Parties; Execution. (a) If either Party hereto is a corporation. oust, limited liability company, partnership. or similar entity, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on its behalf. Each Party shall, within 30 days alter request. deliver to the other Party satisfactory evidence of such authority. (b) If this Lease is executed by more than one person or entity as' Lessee", each such person or entity shall he jointly and severally liable hereunder. It is agreed that any one of the named Lessees shall be empowered to execute any amendment to this Lease. or other document ancillary thereto and bind all of the named Lessees. and Lessor may rely on the same as if all of the named Lessees had executed such document. (c) This Lease may be executed by the Parties in counterparts each of which shall he deemed an original and all of which together shall constitute one and the same instrument. 43. Conflict. Any conflict between the printed provisions at' this Lease and the typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions. 44. Offer. Preparation of this Lease by either Party or their agent and submission of same to the other Party shall not be deemed an orler to lease to the other Party. This Lease is not intended to be binding until executed and delivered by all Parties hereto. 45. Amendments. This Lease may be modified only in writing, signed by the Parties in interest at the time of the modification. As long as they do not materially change Lessee's obligations hereunder, Lessee agrees to make such reasonable non -monetary modifications to this Lease as may be reasonably required by a Lender in connection with the obtaining of normal financing or refinancing of the Premises. 46. Arbitration of Disputes. An Addendum requiring the Arbitration of all disputes between the parties arising out of this Lease ❑ is EIX is not attached to this Lease. 47. Accessibility; Americans with Disabilities Act. (a) The Premises: have not undergone an inspection by a Certified Access Specialist (CASp). 9 have andergeHe-an inspeetieH by iaGecti4ed Aeeess-Spe6alist(CASp) and 4 was detecttmied that the Premises -met-all-applicable--eenstreetieH.related eeee`_ hilki standardsparseaette6aliierniaGivil-Gude etseq. -9have ende vmean+HspeetienbyoE Flified-Aeeess-Specialist (GASp)-aHd-i was-determined4hat the Premises did -net -meet aN-applicable-eenst+aalien-related- aeeessihiRty standardspHrsaaHt-te C-alifarnia Givil6ede*53.3f etseq. (b) Since compliance with the Americans with Disabilities Act (ADA) is dependent upon Lessee's specific use of the Premises, Lessor makes no warranty or representation as to whether or not the Premises comply with ADA or any similar legislation. In the event that Lessee's specific use ofthe Premises and/or Lessee's Work or improvements to the Premises requires any modifications, alterations or additions to the Premises in order to comply with the Accessibility Laws, such work shall be performed by Lessee at Lessee's sole cost and expense. Subject to the terms of this Lease, Lessee shall indemnify, defend, hold harmless and reimburse Lessor from and against any and all claims, actions, causes of action, damages, demands, liabilities, obligations, losses or expenses (specifically including, but not limited to reasonable attorneys' fees, court costs, and expert witness fees), proceedings, suits, debts, or any claimed indebtedness alleged against Lessor, its agents and assigns, arising out of or in connection with, in whole or in part, directly or indirectly (i) any use by Lessee of the Premises which is not in compliance with the Accessibility Laws, (ii) Lessee's failure to maintain the Premises in compliance with the Accessibility Laws, and/or (iii) Lessee's Work or Improvements to the Premises which are not in compliance with the Accessibility Laws. 48. Soldiers and Sailors Civil Relief Act (SSCRA). Lessee hereby certifies that he/she, individually, or any member or officer of the Lessee Corporation, Partnership, LLC or any other Organization is notcurrently an active member of any Branch or in the Reserve of any Branch of the Armed Forces of the United States of America, and. Further waives all of his/her/their rights to and under The Soldiers and Sailors Civil Relief Act (SSCRA). LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN. AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. TI 25E-24 The parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. LESSOR Rio Vista Nest. 1.1-C. a Cali lornia limited Lia t By: -- - --- - - - Namc Printed: Rich d P. /I it, Tide: N6ember Addre.s: c/o WRFM 3146 Red Hill Ave.. Suit- 150 Costa Mesa. CA 92626 Telephone: (7 14) 427-5977 Facsimile: (714)427-5922 Entail: kathy@wrem.com Entail: ,�----__—--- Federal ID No. 33-0777028 LESSEE Santa Ana Police Deparmment A division ol'the City ol'Sama Ana. a municipal corporation Sec Attached_ n,. Name Printed: Raul Oodincz II Title: Cih \1anaLer Address! 20 Civic Center Plaut. 8"' Flom Santu Ana. Ca. 92701 Telephone: (714) 667-5200 Facsimile: (_-_) Email: rwdine'r.Cteanta-ana.ore Email: -- Federal ID No. 23 25E-25 ATTEST: CITY OF SANTA ANA MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney h Assistant City Attorney RECOMMENDED FOR APPROVAL: David Valentin Chief of Police 24 25E-26 RAUL GODINEZ 11 City Manager Exhibit' A" Site Plan ?5 25E-27 I I ----------------- - ---------- HARBOR BLVD EXHIBIT "Fl" 25E-28 Exhihit'B" Sion Criteria 25E-29 DIJ Lsi F)L. %J; 11 WU DIJ LU W3 E -- 25E-30 �m 11 WU LU W3 E -- 25E-30 �m 25E-31 17 25E-31 tj Jz Gs - 0 z z zcF K Fk'L �U r Z_ Lin < y a: : �` L�1F.$ x=12�- F ta gz =" 0 `^ <3e 3= E nye t <z rl tr a SN p n w P�F ° rrp 6 IkW C g}� 4�p\ a83z G°m m� �n nstj RX S� I ) onita Z vn O 4F8o ��}>r u p'b o N 2 FEpm 41 O aK3GF L 2 tl V 0 E� f"'a �F2 Oafs Nc Z° Eu 3� F�m_L -`o -ate uu� =°u � 2<� - 5 E _ c N S j' t x Lz �r K Z r L �=c �� `� QZ ot3 OM < NOS`` 25E-32 1.0 0w ZN z Q q 25E-33 z u N z u H J 25E-34 ti m 25E-35 61 m 25E-36 I U � F V ,.oz R < a . y88 Eel GI f= aFR 6 0 dz .w •frvia�� 5 z � 20, j�}'`� o a .10 rl M Li K d Rill s� 5 NAR z j X50 zq Ing 25E-37 I, 25E-38 co ILI 0 � 3 u R x ^ z a � F > < O 7 � O E w � ii 3 go A� go OR 25E-38 co ILI ai � � z � � � 041 0 � F.9 25E-39 | 25E-40 �d z 0 4�� I 12RH cz ^'1 2R � q�q I 25E-41 i An P. W. g .Ti.a1 alai glCCCG ry' M! 12RH cz ^'1 2R � q�q I 25E-41 i An P. W. 25E-42 W 9i C 4 25E-43 EXHIBIT "E" MEMORANDU\'I OF LEASE TERM CO\IDIENCEMENT This Form is prepared by Rio Vista West. LLC ("Lessor") and submitted to ("Lessee') per the terms of the Lease dated for Pretnisesat McFadden Avcnuc.Sama Ana,CA. Lesseeshall eitherconlirnt all i r.formation as true andcorrectormake the appropriate notations where Lessee disagrees with the information supplied by Lessor. Confirmation of Lease Terms. I. Date of Leasc: 2. Date of Delivery of Premises by Lessor: 3. Lease Term Commencement Date: a. Date of Expiruion of Initial Lease Term: 5. Options to Renew: b. Date ol'Minimum Rent Commencement: 7. Date of Adjustments (CAM) Commencement: g. Total rentable square footage of Premises: 9. Total prepaid Minimum Rem and Adjustments: 11). Total Security Deposit: Lessee Acknowledges: Lessee has inspected the Premises, including without limitation its physical attributes, square footage, frontage and configuration, and accepts the Premises in their "As Is" condition as delivered by Lessor, except for the following (if "no exceptions". enter "NONE): Lessee acknowledges that the IIVAC system, electrical, plumbing and mechanical systems servicing the Premises are in good working order as of the Lease Term Commencement Date, except for the following (if "no exceptions", enter "NONE" y Lessee tins not relied on any statements, promises, inducements, representations or warranties by Lessor nor any agent, broker, employee, manager or contractor of Lessor in executing this Memorandum of Lease Term Commencement. Based on its own due diligence and inspection, Lessee acknowledges that the Premises are suitable for Lessee's intended use and that Lessor is not obligated nor responsible for any repairs, improvements or other work to be made to the Premises. Acknowledgment of Authority The undersigned executed this Memorandum of Lease Term Commencement on behalf of Lessor and Lessee warrant and represent that each is authorized by their respective principals to execute this document on its behalf so that its contents are binding on the parties without any further action, approval, consent or ratification by either party. "Lessor" "Lessee" By: Rio Vista West, LLC, a California Limited Liability Company By: Williams Real Estate Management, Inc._ Managing Agent By: Do Not Sien - onmrove for form ooh- Audrey B. Williams, President EXHIBIT "E" Lessor's Initials: Lessee's Initials: at 25E-44 EXHIBIT "F" FORM OF LESSEE'S ESTOPPEL CERTIFICATE The undetsi_sned, as Lessee. under that certain Shopping Center Retail Lease dated . 20_. made with RIO VISTA WEST LLC. a California limited liability company, as Lessor, hereby ccrtilics as follows: That the undersiLn:d has entered into occupanev of the Premises described in the Lease: 2. That the Lease is in full force and criect and has riot been assi«ned. modified. supplemented or amended in any way. except as follows 3. That the Lease represents the entire agreement between the parties as to the leasing of the Premises: 4. That the Commencement Date of the Lease is 6. That there is an unexpired term under the Lease of O years: 6. That all conditions of the Lease to be perlbnned by Lessor and necessary to the enforceability, of the Lease have been satisfied; That there are no defaults by either Lessee or Lessor thereunder; g. That no renis have been prepaid, Other than as provided in the Lease; and 9. That un this date there are no existing detenses or offsets which the undersigned has against the enforcement of the Lease by Lessor. The undersigned hereby agrees: To disclaim all right, title or interest in the Premises except the rights granted by the Lease; and 2. To notify the holder of any mortgage affecting the Premises of any default on the part of Lessor which Lessee proposes to cure and deduct front rentals, or use as a basis for cancellation of the Lease and hereby grants to any such holder the option to cure said default within a reasonable length of time. Lessee further agrees not to invoke any or its remedies under the Lease during any period that any such holder is proceeding to cure such default with due diligence, or is taking steps with due diligence to obtain the legal right to enter the Premises and cure the default. The undersigned hereby acknowledges that is presently the holder of a mortgage affecting the Premises. EXECUTED this --day of , 20_. BY: (Do Not Sien — for Form oniv 25E-45 EXHIBIT "G" RULES AND REGULATIONS Lessor hereby establishes the rollowing rules and regulations for the safety, care and cleanliness of (i) the store areas (hereinafter referred to as the "demised premise;' 1 of any Lessee or Lessees of dm Center (hereinafter referred to as tyle "Lessee"): (ii) die common area: and (iii) the Center in general. or ror the preservation of good order: A. FOR THE STORE AREAS: 1. All (loot areas of the demised premises (including vestibule- entrances'. and air returns). doors. fixtures. windows, and plate glai.s shall he maintained inn clean. safe and good amditiun. 2 All trash. refuse. and waste materials shall be stored in adequate containers and regularly removed from the demised premises. These containers shall not be visible to dte general public and shall not constitute a health or lire hazard, or a nuisance to any other Lessee. In the event that any Lessee shall fail to remedy such a health or lire hazard, or nuisance. within live (5) days after written notice by Lessor, Lessor may remedy and/or correct such health or lire harard or nuisance at the expense of the Lessee involved. 3. No portion orthe demised premises shall be used for lodging purposes. 4. Neither sidewalks nor walkways shall be used to display, store, or place any merchandise, equipment or devices, except in connection with sidewalk sales held with Lessor's prior written approval. The roof of the demised premises shall not be used for the storage of merchandise or equipment. 5. No public telephone, newssmnd, shoeshine stand, refreshment, vending or other coin operated machine shall be installed or placed on the sidewalk or walkway area adjacent to the demised premises or on the Common Areas without Lessor's prior written approval in each instance. 6. No person or persons shall use the demised premises, or any part thereof, for conducting therein a second- hand store, auction, distress or lire sale or bankruptcy sale, or "going out -of -business" sale or "lost our lease" sale, without Lessor's prior written consent. 7. No portion of the demised premises shall be used for the storage orally merchandise, materials or other properties, other than those reasonably necessary for the operation ora Lessee's business. Lessor may, from time to time, inspect the demised premises to insure compliance with the foregoing provisions. 8. Except for professionally prepared signs, Lessee shall not black out or otherwise obstruct the windows or tire demised premises, without Lessor's prior written consent. 9. If a Lessee provides its customers with the use of shopping carts and/or baskets, such Lessee shall be responsible for causing said carts and/or baskets to be stored only in areas designated by Lessor. 11'such Lessee fails to routinely collect and store said carts as necessary (at least twice on a daily basis), Lessor may assume the responsibility or same and may bill the Lessee involved on an estimated monthly basis for such service. B. FOR THE COMMON AREAS: I. All Lessees and their authorized representatives and invitees shall use any roadway, walkway, or mall (including the enclosed mall, if any) only for ingress and egress from the stores in the Center. Use of the Common Areas shall be in an orderly manner in accordance with directional or other signs or guides. Roadways shall not be used at a speed in excess of ten (10) miles per hour and shall not be used for parking or stopping, except for the immediate loading or unloading of passengers. Walkways and malls (including the enclosed mall, if any) shall be used only for pedestrian travel. 2 All Lessees and their authorized representatives and invitees shall not use the parking areas for anything but parking motor vehicles. All motor vehicles shall be parked in an orderly manner within the painted lines defining the individual parking places. During peak periods of business activity, Lessor can impose any and all controls Lessor deems necessary to operate the parking lot including, but not limited to, the length of time for parking use. 3. No person shall use any utility area or truck loading area reserved for use in conducting business, except for 25E-46 the specific purpose for which permission to use these areas has been given. 4. No employee shall use any area for motor vehicle parking except the arca specifically designated for employee parking for the particular period Orumc the USC Or to be made. No Lessee shall designate an area roremployce parking except the arca designated in writing by Lessor. i. Without the prior wriu:n consent of Lessor, no person shall use any ol'the Common Areas for (i) Vending. peddling or soliciting orders For sale or distributing of any merchandise. device. service, periodical. book. pumphlet. or filler matter. (u) Exhibiting any non-professional sign, placard. banner. notice or other written material ordistributinc any circular. booklet, handbill. placard, or other materia!: (iii) Soliciting membership in rtny organization., group, or association. or soliciting contributions for any purpose or pmadng. patrolling, picketing. demonstrating. or enraging in conduct that might interfere with the use of tic Common Areas or he detrimental to any of the business establishments in the Center. (iv) Using the Common Areas forany purpose wizen none of the business establishments in the Center are open for business: (v) Discarding any paper, glass. or extraneous matter of any kind. except in designated receptacles: (vi) Using a sound -making device that is grossly annoying or unpleasant to the general public: or (vii) Damaging any si;_n, light standard. or fixture, landscaping muterial or other improvement or property within the Center. The above listing ol'specific prohibitions is not intended to be exclusive, but is intended to indicate the manner in which the right to use the Common Areas solely as a means of access and convenience in shopping at the business establishments in the Center is limited and controlled by Lessor. 25E-47 EXHIBIT "H" Restricted Uses As of July 2015 1. As a grocery store, food store, market, mini market, convenience store, health food store or gourmet market. 2 As a fast food restaurant, with or without, drive-thru facilities. 3. As a shoe store. 4. As a Mexican Fast Food Restaurant. 5. As a store selling cellular telephones, accessories and related supplies. 6. As a business offering "Financial Services". Financial Services means state and national banks, savings banks, credit unions, savings and loan institutions, mortgage and brokerage companies, and any other entities in the financial services business, as well as the operation of ATM's and financial Drive-thrus. 7. As a business offering money wiring or transfers, money loans, money orders, bill paying or related financial services. S. As a store specializing in the sale of Vitamins, food supplements or related products. 9. As a Jewelry Store. 10. As a store selling (a) fresh ground and whole coffee beans, (b) express -based and coffee based drinks, (c) tea or tea based drinks, (d) gourmet brand -identified brewed coffee, and (e) blended beverages, including without limitation, those containing the following: coffee, espresso. 25E-48 EXHIBIT "I" Santa Ana Police Addendum to Lease dated July 1, 2018 between Rio Vista West, LLC, a California Limited Liability Company, ("Lessor") and the Santa Ana Police Department, a division of the City of Santa Ana, a municipal corporation ("Lessee") Section 49.Ootion to Renew: Provided Lessee is not then in default with respect to the Lease to which this OPTION TO RENEW is attached and has kept and performed all of its obligations under said Lease, Lessee shall have the right and option at any time, at least 180 days before the expiration of said Lease, to extend the tern thereof for two (2):additional tern(s) of one (1) -year each from the date of expiration of said Lease, which notice of exercise of option shall only be effective if in writing and sent to the Lessor as provided in the Lease for the mailing of notices. Provided, however, that Lessee may not exercise this right if the Lessee has received three (3) or more notices of default throughout the initial term of this Lease, whether or not those defaults were cured, or at any time when Lessee has breached and not cured or is in default under this Lease. Should Lessee breach or default under this Lease at any time after giving notice of extension and prior to the first day of the extended term, Lessor shall have the right to declare Lessee's notice void and of no effect, and the tern of this Lease shall expire as if notice had not been given. Such Lease extension shall be upon the identical terms and conditions as set forth in the Lease, except that the rental to be paid by Lessee hereunder shall be increased as follows: Option 1 $2,700.00 per month Option 2 $2,782.00 per month The first option must be exercised in a timely manner for the second option term to be valid. The second option must be exercised in a timely manner for the third option term to be valid. Any security deposit held by Lessor shall be increased in the ratio as the rent is increased in the first year of the option period divided by the rent for the first year of the initial term. Upon default in payment of the full increase in rental provided for above, Lessor shall have the same rights and remedies as upon default in the rent otherwise provided for in the Lease. This OPTION TO RENEW or extend may be exercised only by the original Lessee while physically occupying the Premises and any consent by Lessor to assignment or sublease of the Premises shall not be construed as a waiver of this prohibition. 25E-49 25E-50 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 TITLE: AWARD AGREEMENTS TO PROJECT PARTNERS, INC., INTERWEST CONSULTING GROUP, AND PENCO ENGINEERING, INC. FOR ENGINEERING AND TECHNICAL SUPPORT SERVICES {STRATEGIC PLAN NO. 6, 1C} U V&a biV MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to execute an agreement with Project Partners, Inc., to provide engineering, technical, and administrative support services, for a three-year period commencing September 4, 2018, and expiring September 3, 2021, with provision for one, two-year renewal option exercisable by the City Manager and City Attorney, in a shared aggregate amount not to exceed $500,000, including any renewal, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and the Clerk of the Council to execute an agreement with Interwest Consulting Group, to provide engineering, technical, and administrative support services, for a three-year period commencing September 4, 2018, and expiring September 3, 2021, with provision for one, two-year renewal option exercisable by the City Manager and City Attorney, in a shared aggregate amount not to exceed $500,000, including any renewal, subject to nonsubstantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager and the Clerk of the Council to execute an agreement with Penco Engineering, Inc., to provide engineering, technical, and administrative support services, for a three-year period commencing September 4, 2018, and expiring September 3, 2021, with provisions for one, two-year renewal option exercisable by the City Manager and City Attorney, in a shared aggregate amount not to exceed $500,000, including any renewal, 'subject to nonsubstantive changes approved by the City Manager and City Attorney. 25F-1 Agreements with Project Partners, Interwest Consulting Group, and Penco Engineering, Inc., for Engineering and Technical Support Services September 4, 2018 Page 2 DISCUSSION The City of Santa Ana Public Works Agency oversees all aspects of civil engineering for capital improvements projects, including managing project design and construction. The approval of this recommended action will allow the City to temporarily augment staff as needed for various engineering, technical and administrative duties, to meet the agency goals and deliver projects in a timely manner. Staff has experienced significantly increased levels of public right-of-way plan check and inspection workloads, due to sustained land development activity and an increased volume of utility permits and wireless antenna installations. Staff augmentation will help reduce plan check response times for developers, contractors, utilities, and residents. In the past, the City has contracted with firms to provide temporary staffing for the Public Works Agency to perform a wide range of tasks related to plan checking and utility permits to support city- wide development activity and utility services. In anticipation of peak workloads which will exceed the current staffing capacity of the Public Works Agency, the recommended staff augmentation would help maintain time -sensitive project delivery schedules and commitments related to private property development activity. On June 7, 2018, the Public Works Agency released a Request for Proposals on the City's website and notified qualified consulting firms. Seven proposals were received and evaluated by a review committee from the Public Works Agency. Each firm was rated according to its organization, credentials, resumes, references, and fees to provide the required services. The list of the firms and each respective score is as follows FIRM SCORE Project Partners, Inc. 91 Interwest Consulting Group 90 Penco Engineering, Inc. 87 NV5 82 TransTech 79 Infrastructure Engineers 73 MGTL 63 Staff recommends that Project Partners, Inc., Interwest Consulting Group, and Penco Engineering, Inc., be retained to provide engineering, technical, and administrative support services. The cost proposals from these top three firms were negotiated to ensure the City receives the highest quality and value. 25F-2 Agreements with Project Partners, Interwest Consulting Group, and Penco Engineering, Inc., for Engineering and Technical Support Services September 4, 2018 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT There are no environmental impacts associated with this action. FISCAL IMPACT There is no fiscal impact at this time. Prior to utilizing any of these on-call services, Public Works staff must receive Finance & Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of these agreements. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing specific scope and maximum expenditure for the task order will be issued to a firm. Funds are available for expenditure in FY 2018-2019 in the Public Works -Development Engineering Contract Services -Professional Fund (Account No. 10117605-62300). Additional funding for these services is available in prior year and the current FY 2018-2019 approved CIP budgets, and will be budgeted in future CIPs. Fuad S. S Executive Public We ss, PE, PLS actor Agency APPROVW AS TO FUNDS AND ACCOUNTS: Sergio Vrdal Assistant Director i Finance and Management Services Agency Exhibit: 1. Agreement — Project Partners, Inc. 2. Agreement — Interwest Consulting Group 3. Agreement — Penco Engineering, Inc. 25F-3 25F-4 Exhibit 1 AGREEMENT TO PROVIDE ENGINEERING, TECHNICAL, AND ADMINISTRATIVE SUPPORT SERVICES FOR PUBLIC WORKS PROJECTS THIS AGREEMENT is made and entered into this 4th day of September, 2018 by and between Project Partners ("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. On June 7, 2018, the City issued Request for Proposal No. 18-047, by which it sought a consultant to provide engineering, technical, and administrative support services on an on-call basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-047. 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 finn in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 18-047 and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of three consultants selected to provide services on an as -needed basis under RFP No. 18-047. The total compensation for services provided by all consultants selected under RFP No. 18-047 shall not exceed a shared aggregate amount of $500,000 during the tern of the Agreement, including any extension periods. Page I of 8 25F-5 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. (<� Y s]" This Agreement shall commence on the date first written above and terminate on September 3, 2021, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2 -year period upon a writing executed by the City Manager and City Attorney. 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. S. INDEPENDENT CONTRATOR 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 subconsultants to agree in writing that City is granted a non-exclusive and Page 2 of 8 25F-6 perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period coveted by this Agreement. Page 3 of 8 25F-7 (ii) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (3 0) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to fiunish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expendedprior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 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 subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The 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, Page 4 of S 25F-8 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 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: Page 5 of 8 25F-9 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Project Partners 23195 La Cadena Drive, Suite 101 Laguna Hills, CA 92653 Attn: Kimo Look, PE A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 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 Page 6 of 8 25F-10 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 employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Pa e7of8 2 F-11 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: o n M. Funk ssistant City Attorney RECOMMENDED FOR APPROVAL Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONSULTANT Name: Title: Page 8 of 8 25F-12 CU 0 CL 0 i n Project Partners 23186 La Cedene Dr. Suite 101 Laguna Hills, CA 92553 phone 949.852.9300 fax 949.852.9322 EXHIBIT A Project Partners Engineering, Technical and Administrative Support Services RFP No. 18-047 25F-13 Prepared for: City of Santa Ana June 25, 2018 Table of Contents Cover Letter Section 1 Firm and Team Experience 1.1 General Overview of Project Partners _ -------------------1-1 2-1 1.2 Services We Offer — - - - — - — 1-1 1.3 Positions We Provide ___ -------------------------------------------- 1-2 1.4 Why Select Project Partners-------------- ------------------------- 1-2 1.5 The Project Partners' Team-_-------------------------_------------------------------ 1-3 1.6 Project Partners Organization Chart 1-5 1.7 Contract Agreement Statement 1-5 Section 2 Understanding of Needs 2.1 Understanding the City's Project Needs ------------------------------ 2-1 2.2 Our Approach----------------------------------------------=------- 2-1 2.3 Public Staff Augmentation Experts -------------------------------- 2-2 2.4 CaiPERS Compliance is CRTICIAL 2.5 Providing High Quality Engineering Professionals 2.6 Providing Cost Effective Billing Rates 2.7 How Our Approach Benefits the City's Needs Section 3 Relevant Project Experience & References 3.1 Similar Public Works Experience___________________________ ___________ 3-1 3.2 Proven History Working with the City of Santa Ana3-1 3.3 Three Project Summaries -------------------------- _----- ----------- 3-2 3.4 References --------------------------------------------------------3-6 25F-14 Appendix A - Certifications • Non -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification Appendix B - Fee Proposal (Attached In Separate Envelope) 25F-15 Project Mr. Taig Higgins Project Manager Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 in Building Engineering Careers and Teams" www.prolootportners.com Re: Proposal for Engineering, Technical and Administrative Support Services Dear Mr. Higgins: June 20, 2018 Project Partners Is pleased to submit this proposal and is excited about the opportunity to continue providing the City of Santa Ana (City) with Engineering, Technical and Administrative Support Services. We are a civil engineering firm that specializes in providing public sector organizations with the exact service the City Is seeking. OUR APPROACH Project Partners approach is simple and Is based on three fundamental components: • Compliance with Labor Laws —We know how to keep the city safe. • Dedicated High Quality Staff— We have true engineering professionals for your projects. • Cost Effective Billing Rates —Our rates area fraction of traditional consultant rates. WHY SELECT PROJECT PARTNERS Though there are a multitude of reasons to select us, four principal reasons include: • Long Proven Record Providing This Exact Service • Long Proven Track Record of Working Well with the City of Santa Ana • Public Sector Staff Augmentation Experts • Proven Record of Providing High Quality Public Works Professionals In the following proposal, we will explain in detail on our approach and the multitude of reasons to select us. After reading It, I am sure you will agree that Project Partners Is the right choice for the City. Finally, in respect to Santa Ana's commitment to the environment, this proposal is printed on 100% recycled paper. Should you have any questions or need further clarifications, please do not hesitate to give me a call at anytime. Sine rely, ils.. cok, P.E. 231 SE Le Cedene Dr. SUM 101 Lenuns Hills, CA 82BE3 25F-16 phone 949.852.9300 fa 949.8529322 25F-17 Section 1 im Experience Established in 1996 as a California corporation, Project Partners has quickly become the leading engineering resource firm for Southern California public agencies. Specializing in Public Works and Water/Wastewater sectors, numerous cities and special districts have made Project Partners their go -to -firm to solve peaking workload issues. Project Partners recognized that many municipalities, particularly engineering departments, are impacted by reduced staff levels. Unfortunately, this issue is not expected to change as the "baby boomer" generation reaching their retirement years, staff retirement will Increase. Simultaneously, the ongoing pension crisis has discouraged upper management from approving staff increases. This leads to public agencies working under heavy workloads with a diminished workforce. This Is where Project Partners comes in. Many Southern California agencies have turned to Project Partners to help complete more projects and expedite delivery of public works services. Our proven ability to have quality technical professionals at affordable prices has been the winning formula for decades. 1.2 Services We Offer To help our clients complete more projects and meet department goals, Project Partners offers three services: • Limited -Term On -Site Technical Staff Service: With our large pool of available staff, Project Partners, offers our clients a broad range of expertise designed to help our clients get more work done. Our staff works on-site, shoulder to shoulder with our client's staff, performing critical duties that are Integral to client's everyday operations. With our extensive management system, we monitor and manage our staffs activities and assignment to verify compliance with all labor laws. Project Partners' Proposal for the City of Santa Ana Section 1, Page 1 25F-18 Project Management and other Consultative Services: Project Partners has strong proven expertise in Project Management and other consultative work. Our project management staff is comprised of senior engineers with decades of experience and expertise in public works and water/wastewater. This in-depth knowledge combined with years In the public sector, allow them not only to address complex issues but to hit the ground running, being productive on day one. • On -Site and Off -Site Plan Check Services: Project Partners understands that In today's fast -paced development sector, projects have to flow quickly and smoothly through the regulatory approval process. With decades of experience in providing plan check services to numerous public agencies we have become a sought after solution. Our staff, with years of plan checking experience, have helped cities improve turnaround times, and minimize the impact of fluctuation workloads. 1.3 Positions We Provide We have the ability to provide all positions requested within a 48-hour notice. As experts in the public sector civil engineering support„ we specialize in providing a wide range of engineering and technical staff. Though we understand that our ability to fill all listed positions Is not a requirement, because of our capabilities, Project Partners will be able to provide staff for the entire list. Furthermore, all positions will be provided with a prior notice of 48 hours. For further details, reference the Fee Proposal. To the best of our ability, Project Partners will provide and fulfill all services requested in the Scope of Work stated in the RFP. 1.4 Why Select Project Partners Though there is a multitude of reasons why Project Partners is the right choice for the City, below are four key reasons and their related benefits: Long Proven Record Providing Exact Service Sought by Santa Ana — No other firm comes close to Project Partners' record of providing Engineering staff and Project Management Support Services to Southern California's public -sector agencies. Project Partners was founded specifically to provide this exact service and has been successfully doing so for over 20 years. This fact has led us to be the firm of choice for numerous public agencies throughout Southern California. This is explained in greater detail In section 3. Project Partners' Proposal for the City of Santa Ana Section 1, Page 2 25F-19 Public Sector Staff Augmentation Experts — For the City to effectively utilize on-site consultant staff, compliance with public sector labor laws, particularly as they apply to the California Public Employees' Retirement System (CaIPERS), is critical. Project Partners is a public -sector staff augmentation expert and has specific programs and procedures specifically designed to keep public sector agencies, like the City of Santa Ana, safe and In compliance with California labor laws. This is further detail explained in Section 2. Proven Record of Providing High Quality Public Works Professionals — With over 20 years of experience in providing highly qualified public works staff to almost every major Public Works organization in Southern California, Project Partners is absolutely the ideal partner for the City. Further detail explained in Section 3. Long Proven Track record with the City of Santa Ana — Project Partners has an almost two -decade long track record of working with the City. Over the years, we have assisted in the completion of numerous water and public works projects and help minimize the impacts of workload fluctuations. 1.5 The Project Partners' Team Fundamental to being a successful long-term partner with the City is our strong organizational structure and key team members. Our organization is on a two- part structure, with our principal engineer as the City's designated Contact and supported by our Administrative Team. Principal Contact — Mr. Kjmo Look Project Partners is pleased to designate Mr. Kimo Look as the Principal Contact for this contract. He Is the founder of Project Partners and a professional civil engineer with extensive experience in a wide range of civil engineering projects. Several advantages he brings to this contract are: Authority to Immediately Resolve a Problem - Mr. Kimo Look is the principal and owner of Project Partners. He has the authority to make all decisions involving contract and the company affairs. This authority enhances development and implementation of quick and creative solutions, increasing the efficiency of the entire project. Project Partners' Proposal for the City of Santa Ana Section 1, Page 3 25F-20 Understands Technical Needs of Public Sector Engineering Positions. As a professional engineer who has worked on numerous public projects and In various capacities, Mr. Look is very familiar with the challenges and issues that occur while implementing projects. He has a keen understanding of the technical and non-technical skill sets to select the right professional for our organization. Principal Contact Availability The City of Santa Ana is a valued client and thus our Principal Contact, Kimo Look, will be available and of service at all times. If for some unexpected reason our Principal Contact is not reachable, our administrative team will be his backup. Principle Contact Information Mr. Kimo Look - Principal Project Partners, Inc. 23195 La Cadena Dr., Suite 101 Laguna Hills, CA. 92653 P — 949-852-9300 F- 949-852-9322 Email — klaok@projectpartners.com Administrative Support Team Our Project Manager is supported by a team of highly experience professionals with decades of experience working with technical resources for public sector organizations. Director of Operations— Ms. Markiva Ralssdana. Ms. Raissdana has over 35 years of professional experience in the staffing industry. As manager of the overall internal operations, she brings a wealth of experience for all administrative functions for staff management issues, accurate and comprehensive invoices / reports, HR oversight, and liaisons with Project Partners Legal Teams. Operations Manager - Ms. Atousa Johnson. Ms. Johnson has almost two decades of experience in providing staff augmentation and consultative services to California public sector organizations. Ms. Johnson was key in identifying key talent and then remotely managing them effectively. Project Partners' Proposal for the City of Santa Ana Section 1, Page 4 25F-21 1.6 Project Partners Organization Chart The following is an organization chart that displays the internal framework of Project Partners. 1.7 Contract Agreement Statement Project Partners concurs with the entirety of the Agreement attached in the RFP under Attachment 2 in the Appendix. Project Partners' Proposal for the City of Santa Ana Section 1, Page 5 25F-22 25F-23 Section 2 ding of Needs Unders#andsng o�'Needs 2.1 Understanding the City's Project Needs Project Partners understands that the City Is seeking engineering support services to help the Public Works Agency to Increase the number of projects completed. Support Is being sought specifically In the areas of Design, Construction Management, Plan Check, Project Management, and Inspection. Project Partners believes that the City is facing the same challenges of many other public agencies; reduced staff and increased workloads. Challenges are expected to continue as retirements are expected to rise rate with the aging of the "baby boomers" generation combined with the ongoing pension crisis is making it difficult for public sectors to hire level staff. Our understanding of these challenges has helped shaped our business model, to provide public agencies relief by providing engineering technical support to get projects done. 2.2 Our Approach As mentioned above, our goal is to provide the City with highly qualified engineering professionals at a cost-efficient rate and remain CaIPERS compliant. We strive for efficiency through simplicity. Project Partners approach Is based on three fundamental components. • Compliance with Labor Laws — Public Sector Staff Augmentation Experts • High Quality Staff Dedicated—True Engineering Professionals to tackle projects Cost Effective Billing Rates -Rates a Fraction of Traditional Consultant Rates Project Partners' Proposal for the City of Santa Ana Section 2, Page 1 25F-24 All of these are explained is the following sections. 2.3 Public Sector Staff Augmentation Expert Today's environment has changed. Merely providing good staff is no longer sufficient. Compliance with labor laws is critical. To be compliant with CalPERS laws and to be protected from CaIPERS penalties, the City needs to select a firm that has expertise In providing contract staff to public sector organizations. Project Partners is that firm. There is no doubt that we are public sector staff augmentation experts. Throughout our 20 -year history, we have been worked closely with top legal firms to understand the complexities of California Merely providing good staff is no longer sufficient. pension law and develop workable solutions for our clients. We have developed the know-howto legally work within the laws to allow our clients to have flexible staff solutions the need to move projects forward. From the many webinars we have hosted to the talks given, to the seminar led, Project Partners is no doubt public sector staff augmentation experts. Selecting Project Partners would allow the City to have a flexible staff solution is wants. 2.4 CaIPERS Compliance is CRITICAL We believe the City understands that compliance with CaIPERS related Labor Laws is critical. Project Partners knows how to achieve and maintain compliance with contract staff in public sector organizations. We have developed a comprehensive operational system that helps us keep our staff and our clients in compliance with state and federal labor and pension laws. Key components of this system are presented below: Understanding the Law. Project Partners understand the multitude of complex public - sector labor laws that relate to public sector contract staffing. We not only understand the laws, but we realize they dynamic and we aggressively track them to monitor changes and legal interpretations. Comprehensive Processes and Procedures. Together with several Southern California labor laws firms, we have developed comprehensive processes and procedures for having Project Partners' Proposal for the City of Santa Ana Section 2, Page 2 25F-25 contract staff In public sector organizations. These thorough operations not only keep our contract staff in compliance with labor laws but help guide the actions of our clients to keep them in compliance as well. Careful and Complete Documentation. To be in compliance with labor laws is not enough. One has to prove compliance, and proof comes through careful and complete documentation. Within our operational processes and procedures, outlined above, we have systems that automatically Identify and document key proof of how our staff is in compliance with labor laws. Equally important, our documentation processes also identify the specific areas our clients, our public agency partners, are In compliance with as well. This combined documentation partnership gives the public -sector agencies the evidence they need to be successful during CaIPERS audits. 2.5 Providing High Quality Engineering Professionals There is no doubt that Project Partners has outstanding staff. They are engineering professionals who can hit the ground running, solving the City's needs. Our abilities to have high quality professionals is clearly demonstrated by the fact that over 80% of our clients return to us again and again. This speaks volumes of the quality of our staff and our ability to deliver. We believe like our other clients; the City will clearly see the top-quality talent they need to get their projects done. 2.6 Providing Cost Effective Billing Rates With 80% of our clients return to us again and again, it speaks volumes as to the quality of our staff. Cost savings is one of the key areas where Project Partners excels. Not only do we have excellent Project Management staff, but an outstanding cost-effective approach as well. Our firm is specifically designed to provide Project Managers services, allowing our business model to provide cost effective r opportunities. We operate differently from most Bill Rates a consulting firms because we have a very efficient and Fraction of focused operation, and therefore have substantially Consulting reduced overhead costs. Our success is seen in our Firm Rates rates; thus, we are able to pass these considerable savings along to our clients. The bottom line is our clients get more projects done for less cost. Project Partners' Proposal for the City of Santa Ana Section 2, Page 3 25F-26 Table 1: Project Partners Billing Rates vs. Other Consultant Rates Cost Effective Solutions Project Partners Billing Rates Are A Fraction of Other Consultant's Rates $150 d m $100 a b, c $50 0 0 x $0 Staff Project Senior Engineer Manager Project Manager 2.7 How Our Approach Benefits the City's Needs Project Partners Is the right solution for the City. We understand the City needs and know to solve them. We understand how to deliver on-site engineering support and be in compliance with CaIPERS labor law. No other firm can provide the quality of staff with low rates and be In compliance with CalPERS. That is why we are the right firm for the City. Project Partners' Proposal for the City of Santa Ana Section 2, Page 4 25F-27 25F-28 OProject Partners Section 3 Experience & References We are the ideal firm for the City. Project Partners has an extended history of providing a wide range of Public Works staff support to municipalities. Services we have provided in the past include: Project Management, Construction Management, Plan Check, Inspection and various other technical resources. Our operating methods have allowed us to work very closely with our clients, to the degree that we are an extension of their staff. This provides our clients with close communication and excellent coordination that results in projects not only being successfully completed on time and under budget, but also meeting the goals and specifications set by our clients. The unique combination of low bill rates, understanding pension laws at an expertise level, and high-quality staff makes Project Partners the go -to firm for many cities. That is why 80% of our clients are repeat clients. Our references are willing testify to the high quality of our staff and the cost- effective solutions we bring. Project Partners is so confident in our services and reputation, we are not only providing three representative project summaries, but also providing an overview of six additional references. All of these references are willing to testify to the high quality of our staff and the cost-effective solutions we bring. 3.2 Proven History Working with the City of Santa Ana Project Partners has an almost two -decade long history of working with the City of Santa Ana. Our relationship began in 2001 with our staff providing sidewalk assessment and street design services. Since then we have assisted the City in a multitude of areas including development services, traffic engineering, CIP design, NPDES programs, and water systems Improvements. Currently, we have staff assisting with water plan checking, parking permit support, and traffic engineering support. Project Partners' Proposal for the City of Santa Ana Section 3, Page 1 25F-29 3.3 Three Project Summaries As mentioned above, we are confident in our ability and business as we have provided this exact service to many municipalities throughout the region. In this section, we will provide three project summaries with references. These summaries briefly overview the services we provided and the staff we had on this project. Project Partners played a crucial role in completing multiple projects and helping our clients meet their department set goals. These projects reflect on our ability to provide a cost-effective solution to address peak workload issues. Project Partners' Proposal for the City of Santa Ana Section 3, Page 2 25F-30 City of Ontario Project Partners has been serving the City of Ontario since 2001. As one of the largest and most dynamic city In the Inland Empire, they had significant projects tasked to complete. Because of this, they clearly felt the fluctuation of Public Works workloads and understood the need to reduce the impact on City staff. As a solution, Ontario hired Project Partners to provide a variety engineering services and staff to both the Municipal Utilities and Engineering departments to provide a better workload balance; and it worked. Project Partners successfully completed a number of key projects. As a result, the City was able to meet all of their goals under their Intended budgets and deadlines. Services Provided to the City Public Works Engineering Services • CIP Construction Management o Field Inspection o Change Order Management o Review/Process Contractor Payments o Project Closeout • CIP Construction Inspection o Field Inspection o Change Order Management o Review/Process Contractor Payments o Project Closeout Water Utility Support Services • CIP Construction Management o Field Inspection o Change Order Management o Review/Process Contractor Payments o Project Closeout • Water Planning Service o Water Supply Evaluation o Masterplan Development and Maintance o Water Use/Drought Management o Treatment Process Assessment • Water Systems Plan Review o Review and Redline Development Plans o Hydraulic Report Evaluation o Interdepartmental Plan Review Coordination • Grant Administration o Grant Application Research and Writing o Grant Compliance Management and Reporting Scott Burton Director of Public Works 1425 S. Bon View Avenue Ontario, CA (909)395-2682 sburton @cl.ontario. ca.us Prosect Partner Positions Provided Water Department ➢ Senior Water Project Manager ➢ Water Project Engineer ➢ Construction Inspector ➢ Pretreatment Inspector Public Works ➢ Senior CIP Engineer ➢ Engineering Technician Construction Inspector Project Partners' Proposal for the City of Santa Ana Section 3, Page 3 25F-31 City of Anaheim Like most cities, Anaheim was hit by the converging factors of reduced engineering staff from retirements and hiring restrictions from pension concerns. To address Public Works and Water Utility needs, Anaheim turned to Project Partners to provide PM/CM and other Civil Engineering Services. With bill rates a fraction of most consultants, Project Partners supported multiple areas within both departments as shown below. This winning combination proved highly effective and allowed the City to continue to effectively meet its project completion commitments easily within its designated budget. Services Provided to the City Public Works Engineering Services • CIP Project Management o Scoping and Budget Development o RFQ / RFP Development o Design Consultant Coordination o Contract Management • CIP Construction Management o Field Inspection o Change Order Management o Review/ Process Contractor Payments o Project Closeout General Civil Engineering Services • Development Permit / Counter Support o Building Permit Processing and Issuance o Plan Review and Inspection o Records Maintenance and Filing • On -Site Public Works Check Service o Review and Redline Development Plans o Code Interpretations / Develop Inquiry Response o Interdepartmental Coordination • Real Estate Project Management o Right of Way Activity Management o Schedule and Communication Management Water Utility Support Services • Water Planning Service o Water Supply Evaluation o Masterplan Development and Maintenance o Water Use / Drought Management o Treatment Process Assessment • Water Systems Plan Review o Review and Redline Development Plans o Hydraulic Report Evaluation o Interdepartmental Plan Review Coordination • Water Conservation Program Support o Water Conservation Inspections Raul Garcia Public Works Director 200 South Anaheim Blvd Anaheim. CA (714) 765-5255 Protect Partners Staff Assigned Water Utilities Department ➢ Sr. Water Planning Engineer ➢ Sr. Water CIP Project Manager ➢ Water Plan Check Engineer ➢ Water Construction Inspection ➢ Water Conservation Technician Public Works Department ➢ Senior CIP Project Manager ➢ CIP Construction Manager ➢ Traffic Plan Check Engineer ➢ Development Plan Checkers ➢ Engineering Technician ➢ Real Property Analysts Project Partners' Proposal for the City of Santa Ana Section 3, Page 4 25F-32 City of EI Monte As a small city, the City of EI Monte has a smaller engineering department. As a result, it feels the impacts of engineering workload fluctuations on its department. Having responsibilities In both water and public works the city needed help. Project Partners was brought in to due to our proven staff and cost effective bill rates. We immediately tackled several key projects Including major transportation projects including City Wide Street Resurfacing & Reconstruction, several Safe Route to School projects, Groundwater Mitigation Operable Unit implantation, malntance department large equipemant purchases, and other Water Utility Department projects. Our economical solutions allowed the City to cost effectively undertake and complete more projects. Services Provided to the City Public Works Engineering Services • CIP Project Management o Scoping and Budget Development o RFQ/RFP Development o Design Consultant Coordination o Contract Management • CIP Construction Management o Field Inspection o Change Order Management o Review/Process Contractor Payments o Project Closeout Water Utility Support Services • Water Operations Management Support o Quarterly/Annually Water Quality Report Submission o Safety Training Program Development o Water Maintenance Project Operations Water Operator Support Elaine Jong Director of Public Works 11333 Valley Blvd EI Monte. CA (626)580-2055 eleng@elmonteca.gov Prolect Partners Staff Assigned Water Utilities Department ➢ Sr. Water Utility Manager ➢ Sr. Water Superintendent ➢ Senior Water Operator Public Works Department ➢ City Engineer ➢ CIP Engineer D CIP Construction Manager ➢ Construction Inspector Project Partners' Proposal for the City of Santa Ana Section 3, Page 5 25F-33 3.4 References No other firm comes close to Project Partners record of assisting Southern California's public agencies address workload fluctuations. We were founded specifically to provide this exact service and have done so successfully for over 20 years. In addition to the three project summaries, we are also including and additional list of references. As mentioned, all our references can easily attest to the quality of our engineering staff and our ability to get projects done. Organization Professional Services Provided Contact Name / Address I Phone City of Oceanside • CIP Project Management Carl Dale • CIP Construction Management Director of Water Utilities 300 N. Coast Highway • Water Planning Service (760) 435-5827 Oceanside, CA • Water Systems Plan Review CDale@ci.oceanside.ca.us • Building & Safety Inspection City of Newport Beach • CIP Project Management Mark Vukojevic 100 Civic Center Drive • CIP Construction Management Deputy PW Dir/City Engineer Newport, CA • Project Coordination (949) 6443319 • CIP Construction Inspection mvukojevic@newportbeachca.gov City of Pico Rivera • CIP Project Management • CIP Construction Management James Endquez 6615 S. Passons Blvd • Water Systems Plan Review Public Works Director Pico Rivera, CA • Aerations rt Water 0 Support 562 801-4225 • Water Conservation Program JEnriquez@plco-dvera.org Support City of San Gabriel • CIP Project Management • CIP Construction Management Algis Marciuska 410 West McGroarty St • On -Site Public Works Check Service Principal Engineer San Gabriel, CA . Development Permit / Counter (626) 308-2825 x4202 Support emarciuska@sgch.org City of San Juan Capistrano • CIP Project Management Eric Bauman • CIP Construction Management Engineering Manager 32400 Paseo Adelanto . Water Systems Plan Review 949-487-4312 San Juan Capistrano, CA a Nater Operation Management ebauman@sanjuancapistrano.org Project Partners' Proposal for the City of Santa Ana Section 3, Page 6 25F-34 25F-35 Project Partners Appendix A Certifications Appendix ATTACHMENT 3-1: NON -COLLUSION AIT, IDAVIT CERTIrICATION8 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made fit the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER his not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to llx the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against lite public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged Information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Sighing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false cerocationpray subject the certifier to criminal prosecution. Signed State of California/ I County of ORW tji�r.- Subscribed and sworn to (or affirmed) before me on this iS�f day of — . 20� by KIM 0 Wok proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature (50-c- A rrpxa Eo rod," Notary Public Seal City of Santa Ana RFP 16-047 Page A3-1 25F-36 CAUFORNHA S IRAT . notary public or other officer completing this certificate verifles only the Identity of the Individual tivho sighed 1 the document, to Which this certificate is attached, end not the truthfulness, accuracy, orvaiidi'ty of that document. STATE'OF CALIFORNIA CCUNTYOF__ �RATIGF ) T Subscribed and worn to (or.affirmed) before me on this 15-M day of J r Date A,anrh by Mame L proved 'tome on the bsis of Satisfactory evidenwto•pe the person(s) who.appeared before me. Signature 201 r� J f'aor H :« KNNETH C. EHRNMANXCOMM...2202478 NOTMYPUBLICCAWOBNIA Cj m ".d DRUM COM to MY Term Ezp, Juno 24, 2021 Sea) Place Aioto7y5eal Above .......... . . ..� _---%3©TJI�! •.............. ....•.n.......................... Though this section Is optional, completing this Warmotlon can deter alteration of the document or fraudulart attachment ofthisform to an unintended document. Descrtpt1011 of Attached Document -T$eorTypeofDoCumart:NOit� COL( SIOF.I AP%! V/r ('(�ITEIr-nvs Document Date: Sac 112 Number of Signer(s) OtherThan Named 25F-37 0 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIHCATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or wilt be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Mcmber of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any federal contract, the making of any federal giant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, Amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to rite the required certification shall be subject to a civil penalty of not less than $10,000 and not more than. S 1011,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Sign( Title City of Santa Ana RFP 18-047 Page A3-2 25F-38 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract City of Santa Ana RFP 18-047 Page AM 25F-39 or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved !it, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm - Date. —;Fo t/N2S Date. 6 -le-le City of Santa Ana RFP 18.047 Page A3-4 25F-40 EXHIBIT B 25F-42 Exhibit 2 AGREEMENT TO PROVIDE ENGINEERING, TECHNICAL, AND ADMINISTRATIVE SUPPORT SERVICES FOR PUBLIC WORKS PROJECTS THIS AGREEMENT is made and entered into this 4th day of September, 2018 by and between Interwest Consulting Group, Inc. ("Consultant'1, and the City of Santa Ana,'a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 7, 2018, the City issued Request for Proposal No. 18-047, by which it sought a consultant to provide engineering, technical, and administrative support services on an on-call basis for the City's Public Works Agency. B. Consultant submitted a responsive'proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-047: 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 On an on-call basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 18-047 and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of three consultants selected to provide services on an as -needed basis under RFP No. 18-047. The total compensation for services provided by all consultants selected under RFP No. 18-047 shall not exceed a shared aggregate amount of $500,000 during the tern of the Agreement, including any exteri'sion periods. Page I of 8 25F-43 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. 3. TERM This Agreement shall continence on the date first written above and terminate on September 3, 2021, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2 -year period upon a writing executed by the City Manager and City Attorney. 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 CONTRATOR 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 subconsultants to agree in writing that City is granted a non-exclusive and Page 2 of 8 25F-44 perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Page 3 of 8 25F-45 (ii) Certificates of insurance shall be fumished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 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 subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The 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, Page 4 of 8 25F-46 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 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: Page 5 of 8 25F-47 To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P,O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Interwest Consulting Group 15140 Transistor Lane Huntington Beach, CA 92649 Attn: Terri Rodrigue, PE, TE A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 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 Page 6 of 8 25F-48 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. 1�AMEM MKiM, 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-DISCRIIVIINATION 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 employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 8 25F-49 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: J M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONSULTANT Name: Title: Page 8 of 8 25F-50 EXHIBIT A June 25, 2018 Response to Request for Proposals for Engineering, Technical and Administrative Support Services, RFP No. 18-047 Prepared for the City of Santa Ana Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Attn: Taig Higgins, Project Manager By Interwest Consulting Group, Inc. Terry Rodrigue, PE, TE Owner I President 15140 Transistor Lane Huntington Beach, CA 92649 jig troddgue@interwestgrp.com O 714.899.9039 C 303.549.7776 25F-51 25F-52 Table of Contents Section 1 Statement of Qualifications.........................................................................1 a. Cover Letter..............................................................................................1 b. Contract Agreement Statement................................................................3 c. Firm & Team Experience..........................................................................3 d. Understanding of Need............................................................................7 e. Relevant Project Experience....................................................................8 f. References.............................................................................................11 Section 2 Scope of Services & Schedule..................................................................13 Section 3 Fee Proposal (submitted under a separate cover) ..................................19 Section 4 Certifications..............................................................................................21 Attachment 3-1: Non -Collusion Affidavit.......................................................21 Attachment 3-2: Non -Lobbying Certification.................................................23 Attachment 3-3: Non -Discrimination Certification.........................................25 Resumes INTERWEST CONSULTING GROUP 25F-53 25F-54 Statement of Qualifications A. COVER LETTER June 25, 2018 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attn: Taig Higgins, Project Manager SECTION 1 rcl! TERWEST NSULTING GROUP RE: Response to Request for Proposals for Engineering, Technical and Administrative Support Services, RFP No. 18.047 Interwest Consulting Group is pleased to present this proposal to the City of Santa Ana to provide comprehensive Engineering, Technical, and Administrative services to the City's Public Works -Agency. Interwest provides these same services to public agencies throughout California, and we currently provide the City with Civil, Construction, and Traffic Engineering Services. We look forward to the opportunity to continue serving your community and cultivating our relationship with the City of Santa Ana. We have reviewed the RFP and the Questions & Answers dated 6/19/18, and our proposal has been crafted and submitted for the purpose of demonstrating our ability and intent to provide the services outlined. We are large enough - over 375 employees - to serve all of your public works needs, yet small enough to ensure that we maintain focus and are responsive to the needs of the City. We currently serve over 100 cities, counties and state agencies including the municipalities of Costa Mesa, Newport Beach, Anaheim, and Yorba Linda, just to name a few. I will serve as the City's Principal -in -Charge and George Alvarez, PE, TE will serve as Project Manager for this engagement. I am an authorized representative of Interwest Consulting Group, able to bind the firm to all commitments made in this proposal. Our contact information is below: Terry Rodrigue, PE, TE 1540 Transistor Lane Huntington Beach, CA 92649 trodrigue@interwestgrp.com 0: 714.899.9039 1 C: 303.549.7776 George Alvarez, PE, TE 15140 Transistor Lane Huntington Beach, CA 92649 galvarez@interwestgrp.com 0: 714.899.9039 1 C: 714.615.0883 We appreciate this opportunity to present our qualifications to the City of Santa Ana, and we look forward to further collaboration with the City. Please contact me if you have questions or concerns. Sincerely, G -.'r Ter Rodrigue Owner I President INTERWEST Page II CONSULTING GROUP 25F-55 Page 12 25F-56 B. CONTRACT AGREEMENT STATEM ENT We have reviewed the terms and conditions identified in the City's Request for Proposal and in the provided Sample Agreement. Interwest Consulting Group does not propose any exceptions and would enter such agreement if awarded a contract. C. FIRM & TEAM EXPERIENCE Firm Profile The seamless integration of municipal service professionals in support of public agencies has been our purpose since Interwest Consulting Group formed in 2002. Interwest was founded by Individuals with a passion for serving municipalities. We currently employ more than 375 employees spanning a multitude of disciplines within public works and building and safety departments throughout California. We currently serve over 100 cities, counties and state agencies, including the municipalities of Costa Mesa, Newport Beach, Anaheim, and Yorba Linda, just to name a few. We provide the following services to cities/counties: o Municipal Engineering o Construction Management & Inspection o Traffic Engineering o Building Safety o Geographic Information System (GIS) o Information Technology (IT) o City Planning Our staff has held senior and executive management positions within numerous California cities Including the titles of City Engineer, Public Works Director, Traffic Engineer and other well - seasoned management personnel. This depth of experience brings a high level of expertise and sensitivity towards community and special interest group issues. We value the importance of a focus that represents the interests of our public agency clients and reflects positively on the citizens they serve. We furnish both technical excellence and a thorough understanding of the regulatory process to assist our clients through the sometimes daunting complexities associated with the delivery of projects, implementation of important public programs, and adoption of significant public policy. Principal Agents The City's primary contact for questions regarding this proposal and any resulting contract is Terry Rodrigue, PE, TE. Terry is the Owner and President of Interwest Consulting Group, and he is an authorized signee and negotiator for the company. George Alvarez, PE, TE will be the Project Manager, responsible for the day to day management of services provided during this engagement. Their contact information follows: Terry Rodrigue, PE, TE 1540 Transistor Lane Huntington Beach, CA 92649 troddgue@interwestgrp.com 0: 714.899.9039 1 C: 303.549.7776 George Alvarez, PE, TE 15140 Transistor Lane Huntington Beach, CA 92649 gaivarez@interwestgrp.com 0: 714.899.9039 1 C: 714.615.0883 IINTERWEST Page 13 CONSULTING GROUP 25F-57 Key Personnel One of the primary advantages to selecting Interest to provide these services Is the depth and breadth of our professional resources. The staff members listed in this proposal are a representative sample from our larger pool of local public works staff. This extensive pool of local resources provides Interest with both flexibility and the ability to scale our services as needed to meet any cyclical demands the City may have. Individually, the professionals showcased below excel In each of their backgrounds. As a team, they possess the capability to innovatively create and implement effective solutions with your agency and the community's Interests in mind. Percentage of availability for individual staff members will be determined based on the timing and scale of specific projects as assigned. The Project Manager and supporting associates can be up to 100% available to the City, also subject to the timing and scale of the project. We are dedicated to providing the City of Santa Ana with adequate staffing throughout an assigned project's life to ensure timely and accurate services that meet or exceed the City's expectations. Terry Rodrig ue, PE, TE PRINCIPAL -IN -CHARGE George Alvarez, PE, TE PROJECT MANAGER ENGINEERING PLAN REVIEW I PROJECT MANAGEMENT Ludy Smeets, PE Kamran Saber, PE, QSD Erik Updyke, PE Sudl Shoja, PE Gary Miller, PE Mike Loving Thom Coughran, PE Gary Neal, PLS Kevin Ko, PE, QSD TRAFFIC SERVICES Nicole Jules, PE Ruth Smith, TE, PTP Andrew Yl, PE, TE, PTOE Grecia Bahena Yvonne Soto PLAN REVIEW ENGINEER I PROJECT MANAGER PLAN REVIEW ENGINEER I PROJECT MANAGER PLAN REVIEW ENGINEER I PROJECT MANAGER PLAN REVIEW ENGINEER I PROJECT MANAGER PLAN REVIEW ENGINEER I PROJECT MANAGER STORM WATER QUALITY COORDINATOR WATER QUALITY & UTILITIES ENGINEER MAP CHECKER SENIOR ENGINEER TRAFFIC ENGINEER TRAFFIC ENGINEER TRAFFIC ENGINEER ASSOCIATE ENGINEER I TRAFFIC SUPPORT ASSOCIATE ENGINEER I TRAFFIC SUPPORT CONSTRUCTION OVERSIGHTAND INSPECTION SERVICES Al Cablay, PWLF CONSTRUCTION MANAGER Ludy Smeets, PE CONSTRUCTION MANAGER Hamid Abedzadeh, PE, QSD CONSTRUCTION MANAGER & INSPECTOR Ciros Ganji CONSTRUCTION MANAGER & INSPECTOR Chuck Stagner CONSTRUCTION INSPECTOR Julio Velasco CONSTRUCTION INSPECTOR INTERWEST CONSULTING GROUP 25F-58 Page 14 Short Biographies for Management Staff Terry Rodrigue, PE, TE Principal -in -Charge Terry has over 35 years of experience in City Engineering, City Traffic Engineering, public works, operations, design and special district financing. He provides technical and strategic assistance and support to city managers, elected officials, and the community on public works programs, policies and activities, and projects. He has successfully negotiated and resolved sensitive, political, and controversial program, policy, staffing, and project issues. His approach Is to ensure he is meeting the needs of the client in the most effective and efficient way possible and to work with individual communities and to focus on what is possible through creativity, expertise and relationships. George Alvarez, PE, TE Project Manager George Alvarez has successfully planned, Implemented, and administered public works projects and programs for more than 35 years, including more than 29 years as a Public Works City Engineer. George holds a Bachelor of Science degree in Civil Engineering from California State University, Long Beach.. He has completed the City of Santa Ana's Advanced Leadership Development Program and Public Business Management Program. For the majority of his career, George served as the City Engineer for Public Works for the City of Santa Ana. He was responsible for Engineering Division of Public Works department encompassing design, traffic, construction and development services. George led a team of approximately 50 staff in designing and constructing more than $100 million in annual capital Improvement projects. His highlights with the City of Santa Ana include: o Under his leadership, the City of Santa Ana completed its single largest public investment in history, with more than $100 million in residential street repairs. George guided the City In partnering with bond counsel and financial consultants to finance approximately $60 million in bonds for project funding. o George spearheaded the Mayor's Task Force on Traffic and Transportation, which created a report of the City's transportation vision for arterial/residential streets, freeway/transit, and growth management. o George maximized efficiencies through new technology implementations and advanced computer -aided -design, including a state-of-the-art traffic operations center that manages 280 traffic signals. o George managed construction of more than $200 million in major facility projects through use of traditional design -bid -build, design -build, and program manager at -risk approaches to project management. Sample projects included the Public Works Corporate Yard ($23 million), Police Administration and Detention Facility ($110 million), new City Hall annex, and park, fire station, and library improvements. o George coordinated traffic, land use, and infrastructure improvements totaling more than 10 million square feet. George is a California Registered Civil Engineer (#25161) and California Registered Traffic Engineer (#485). He was a member of the OCTA Technical Steering Committee from 2010 to 2011, and served as the President of the Public Works Association, California Chapter, in 2010. He was recognized as Government Leader of the Year by the American Society of Civil Engineers in 2002, and as the Top Public Works Leader of the Year (Public Sector) by APWA in 2000. INTERWEST Page 15 CONSULTING GROUP 25F-59 Resumes The individual resumes for each proposed professional are Included in the Appendix of this proposal and highlight their significant personal experience on a variety of public works tasks. Organization Chart Below is an organizational chart of proposed staff for this engagement with the City of Santa Ana. ENGINEERING Ludy Smeets, PE Nan ReNew1 Pmfect Reneger Kamian Saber, PE, QSD `Ren Review 1 PNjett kanagor Erik Updyke, PE Rankmm l ProfeatManeger Sudi Shale, PE Plan Rmew I ProjwtManager Gary Miller, PE Ran RvWawlPiojec lftnagar Mike Loving Storm Woter'QaaglyCaordlnalor Thom Coughran, PQ WdterQuamy E UWAles Engineer Gary Neal, PLS ?Jap [heaker Nevin Ko, PE, QSD SeMar£ngineer TRAFFIC ENGINEERING Nloole Jules, PE iral7k,Englneer Ruth Smith, TE; PrP TrolReEbglneer Andrewyl, PEJE, PTOE lia2a Engfnmr Grecia aahena Auacial a Errglneer I Suy pwi Wonnesoto ./usorlotafnglnecrl suPPwt CONSTRUCTION OVERSIGHT &INSPECTION Al Cablay, PWLF CantlnadmMana�ger LudySmeets, PE [onstnrctlortMarager Hamid Abedzadeh, PE, QSD ComtwctlonUanagerl 7rspettor Clros Gantt ConsPIXUanManager llropcctor Chuck Stagner Canabectfaa lnspariar Julio Velasco Construction lnspactor I.NTERWEST CONSULTING GROUP 25F-60 Page 16 D. UNDERSTANDING OF NEED We understand that the City of Santa Ana is seeking qualified firms to provide a variety of Engineering, Technical, and Administrative services to support the City's Public Works Agency in the successful and timely delivery of public works projects as an extension of City staff. We propose to provide services In the following areas: o Engineering Plan Review, Including streets, water, sewer, utilities, water Infrastructure, mechanical, electrical, traffic, road striping, and map checking o Project Management o Engineering and Administrative Support of the City's Neighborhood Traffic Management and Residential Permit Parking Program o Construction Management, Project inspection, and Oversight Interwest has provided the services noted above for the past 16 years, in addition to several of the service areas Implied In the list of potentially required staff, Including Building Inspection and GIS Analyst services. We employ a large number of qualified public works engineers, construction managers and Inspectors. The practical advantage for our clients Is that our proposed team comes with a built -In network for collaborating and sharing Ideas and solutions that benefit our clients. Accordingly, we have cultivated a reputation for expedient and cost- effective services provided by qualified and customer -focused professional consultants. Our staff will ensure conformance with Federal, State and City statues, regulations, ordinances, guidelines, applicable standards, specifications, plans, laws, and accepted standard construction practices. They have combined decades of experience providing similar services for local agency public works projects, and they are very familiar with industry and local rules and regulations. We are uniquely qualified to serve the City because our proposed team not only has experience providing these services to public agencies throughout California, many of them also have direct experience serving the City of Santa Ana for much of their careers. By design, our staff is comprised of professionals with extensive experience working directly for public agencies. The familiarity and knowledge gained by working side-by-side with local staff and partnering effectively with state and federal regulatory agencies, translates to expeditious and accurate services, well-managed budgets, and thoroughly satisfied stakeholders and clients. Our client references will affirm that Interest can perform the City's desired services with professionalism and attention to detail. Interest staff builds relationships with our clients that extend far beyond the provision of day -today services. Our team has the proven ability to work collaboratively and communicate effectively with city staff to work towards common goals. We will coordinate with City staff to ensure that deadlines and expectations are clearly defined and stringently met. We are confident that our team is exceedingly qualified to partner with the City in ensuring the continued successful delivery of public works projects in your community. INTERWE5T Page 17 CONSULTING GROUP 25F-61 E. RELEVANT PROJECT EXPERIENCE Below we have provided sample services performed for clients in Southern California, including the client, a project description, and the year completed. Contact names and information have been provided for each client In the following section, F. References. ENGINEERING SERVICES Charger's Training Facility I City of Costa Mesa 12017: Interwest staff provided rough and Precise grading plan check for the Chargers new Training Facility in the City of Costa Mesa. This 3.5 acre project is valued at $130K and involves the construction of a new football training facility with on-site water relocation, the demolition of a parking area north of the football field, and a state of the art drainage system that meets NFL standards, Precise grading comments addressed drainage and accessibility concerns for the site. Interwest also provided plan review for proposed fencing surrounding the area. Capistrano Villas Pavement Rehabilitation I City of San Juan Capistrano 1 2016: This project consisted of the major reconstruction, grind and overlay, slurry seal, and replacement of damaged curb, gutter, and sidewalk in a residential neighborhood. The project cost is $1.8 million and required close coordination with the utilities and the Homeowners Association to minimize disruption. 1.405 Improvement Project I City of Costa Mesa 12017 - 2018: Interest is performing plan review on the City of Costa Mesa's affected segments of the 1-405 Improvement Project, coordinated by OCTA. Our staff have performed plan review of 1-405 corridor improvements Including impacts on adjacent streets, rights of way, Interchanges, and utilities such as sewer, water and storm drains at current design stage level; review of traffic control plans for subsurface explorations; coordination with OCTA and the design consultant regarding project submittal timing, plans, and corresponding review responses delivery; review of plans against current water quality standards within the City jurisdiction; holding meeting with the Design /Build team for project coordination. Interim Public Works Director Services I City of Rancho Palos Verdes 1 2016: Upon the retirement of the City's Public Works Director, Interest was awarded a contract to provide interim staffing in this capacity. Our staff provided guidance and best practices to the Public Works Department including Administration, Engineering, Maintenance, and capital projects. Additional services included attending City Council and Infrastructure Management Advisory Committee (IMAC) meetings; working to ensure that goals, policies, ordinances and codes are being equitably and consistently interpreted; evaluating processes within the Public Works Department; and Implementing changes in consultation with the City Manager. After several months in this position, the City in recruited a permanent Director of Public Works who our staff supported to ensure a smooth transition. Downtown Hotel Projects j City of San Juan Capistrano 12016: In 2016, George, as the City Engineer, was responsible for overseeing the pre -entitlement and developing the conditions of development for two downtown hotels in the City of San Juan Capistrano. The scope of work included: managing the preparation of traffic impact analysis; preparing the conditions of development; and attending the Planning Commission and City Council meetings to respond to questions related to traffic and conditions of approval. The River Street and Farm Developments j City of San Juan Capistrano 12018: These are two separate projects being handled concurrently in the City of San Juan Capistrano. The River development consists of 60,000 square feet of commercial and retail development located in the INTERWEST Page 18 CONSULTING GROUP 25F-62 historic Los Rios District. The Farm development consists of 180 single family residential units. Both projects are currently in the pre -entitlement stage. George is the project manager for the City of San Juan Capistrano, managing the conditions of development. TRAFFIC ENGINEERING SERVICES Chick-Fil-A Traffic Impact Study j City of Costa Mesa 12017: Interest reviewed the traffic study for a proposed restaurant. Due to several onsite and offsite constraints, staff concluded that the site was not suitable for the proposed development. On -Call Traffic Engineering Support j City of San Marino 12014- Present: Ruth Smith, TE, PTP, currently provides on-site Traffic Engineering Support services on an on-call basis. These services Include working with the traffic committee, responding to citizen requests, applying for grant opportunities, reviewing traffic studies and evaluating traffic counts and warrants. On -Call Traffic Engineering Support I City of Maywood 12016 to Present: Interest Traffic Engineers currently provide daily on-site traffic engineering support and resources which include responding to citizen requests, evaluating traffic safety concerns, overseeing neighborhood traffic calming requests and reviewing traffic control plans The Harper Development I City of Costa Mesa 12017: Our staff reviewed the traffic and parking study for a proposed event facility, where large social events would be held in a former Industrial building. Since there was inadequate onsite parking, the project proposed to use valet parking using leased parking on nearby properties. Not all proposed offsite parking was acceptable so the applicant was told to revise locations. Polopolus-Lewis Development Traffic Impact Analysis I City of Eastvale 2017: Interest reviewed the trip generation table for a multi -use project surrounded by residential neighborhoods and adjacent to a large sports complex with soccer fields, equestrian facilities and a concert venue. The proposed project included fast food restaurants, a coffee shop, a high -turnover restaurant, retail commercial, a gas station, medical office, a hotel, and a Civic Center with a government office building and library. The complicated trip generation table included a mode shift (for walking), Internal capture and pass -by reductions. Their assumptions regarding mode shift, pass -by reductions and government office trip generation rates were carefully reviewed, as were their worksheets for determining internal capture based on NCHRP 684 Internal Trip Capture Estimation Tool. Some of their results did not make sense and they were advised to reassess their assumptions and check their work before proceeding with the traffic analysis. City's Bicycle Management Plan I City of Costa Mesa 12017 - Present: Interest reviewed the City's draft BMP and assisted with the approval process. We also reviewed and helped select potential sites for bicycle racks at public facilities. CONSTRUCTION OVERSIGHT AND INSPECTION SERVICES Hetzler Road Pedestrian Trail Improvements Project I City of Culver City 1 2017: Ciros Ganji provided Inspection for construction of 13,000 SF CMU retaining walls and 15000 SF of color PCC sidewalk on Hetzler road. His responsibilities Included; inspecting line grade, size, elevations and locations of Improvements for 5000 LF of PCC wall drain, performing daily construction inspection and recording detailed daily and picture reports, Verify /authorize progress payments with contractors and Culver City project manager, monitoring SWPPP and the BMPs implementations and comply with the NPDES permit and to ensure contractor compliance with contract plans and specifications. Additionally, he assisted with pay quantity IIVTERWEST Page 19 CONSULTING GROUP 25F-63 estimates, contract change orders, as -built drawings, and attending weekly meeting & tracking construction schedules. Bastanchury Road I City of Yorba Linda 12017: This project involved the Installation of two intersections of new traffic signal poles and head, traffic loops, Interconnect communication conduit, construction of new horse trail fencing, sidewalk and handicap ramp construction. Interest provided construction management and field inspection services for this very visible and busy arterial. During construction, previously buried traffic signal foundations were discovered leading to discussion of either relocating the new signal poles or removing the old, buried foundations. We opted to resolve the issue by removing the buried foundations and then backfilling and re -drilling the new traffic signal foundations. The cost of this project was $1 Million. Pedestrian Safe Bus Stop Linkage Project on Hawthorne Boulevard j City of Rancho Palos Verdes 12017: interwest provided construction management and inspection services on this project which provided pedestrians with safe access to eleven bus stops on both sides of Hawthorne Boulevard between Crest Road and Palos Verdes Drive. The project consisted of placing approximately 13,000 linear feet of sidewalk and Improvements which required: traffic control, construction survey, removal and replacement of sidewalks, curb and gutter and cross gutters, construction of curb access ramps, asphalt concrete pavement repairs, traffic signs, and adjustments of utilities to grade. Construction began in May 2017 with a budget of $1.3 million. Yorba Linda Boulevard Rehabilitation I City of Yorba Linda 12014: This project consisted of grinding the existing pavement and replacing it with new asphalt concrete pavement as well as restriping over roadway and adjusting the utility boxes. This was an important and high - visibility project for the City because the site Is a traffic -heavy arterial adjacent to one of Yorba Linda's busiest shopping centers. During pre -construction meetings and in speaking with local business -owners while handing out notifications, Interest determined that a majority of the grind and overlay should be performed at night in order to minimize the impact on businesses and the traveling public. We were able to negotiate with contractor to eliminate additional costs for the night work, ensuring that the project was completed within budget while satisfying business owners and the general public. Storm Drain Point Repair Project No. 019816 1 City of Rancho Palos Verdes j 2017: interest was chosen to provide construction management and inspection services for this project, from the pre -construction to project close-out. The project consisted of repairing storm drain systems at six (6) locations with an alternate 7th station within the City. Items for oversight Included the abandoning and removal of existing storm drain, installing new Reinforced Concrete Pipe (RCP), lining of existing Corrugated Metal Pipe (CMP), construction of storm drain structures, and appurtenant storm drain and other site repair items. Our staff ensured that all construction met with local and industry standard requirements. Safe Routes to School Sidewalks Improvement Project I City of Wildomar 12014: Interest was responsible for the design and management of sidewalk and roadway improvements to two existing elementary schools - Wildomar Elementary School and Ronald Reagan Elementary School. Improvements included new sidewalks, handicap -accessible ramps, curb and gutter, and roadway widening along selected routes to each school. The projects were funded by bicycle and pedestrian safety grants. The Wildomar Elementary improvements were approximately 1.5 acres In size and the Ronald Reagan improvements consisted of approximately 0.5 acres. This project involved coordination with the police department and School District to bring to fruition and received extensive coverage in the local news. Interest provided oversight for the City's participation in the WRCOG Transportation Uniform Mitigation Fee (TUMF) Program and assisted the City in evaluating a regional effort to consider TUMF INTERWEST Page 110 CONSULTING GROUP 25F-64 reductions. The Wildomar Elementary improvements had several challenges Including maintaining multiple existing driveway access points, meandering the sidewalk to avoid existing trees and utilities, and minor drainage Improvements along the affected area. The biggest challenge associated with the Ronald Reagan improvements was acquiring the additional right- of-way required to construct the roadway and sidewalk. Interwest services provided included: Transportation Planning, Capital Project Management, Grant Writing, and Traffic Engineering. Accessibility Evaluation Report and ADA Transition Plan j City of Wildomar 1 2014: Interwest prepared the "Accessibility Evaluation Report." This Report identified the existing architectural barriers at the various City facilities and along City Right -of -Way. Specifically, Interwest conducted extensive surveys of city hall, parks, bus stops, and roadways (curb ramps, sidewalks) and provided Information in a detailed checklist of each location. Interwest furnished suggestions to remove those barriers that are readily achievable and suggested a method of providing equivalent facilitation. Interwest also prepared cost estimates for improvements. In cases where the barrier was not proposed for removal, Interwest provided documentation justifying that the barrier is an undue hardship to remove. The Report is based on the guidelines established by the Department of Justice's Title III of the Americans with Disabilities Act. With Information from the evaluation report, Interwest developed the ADA Transition Plan for the city which prioritized the improvements. F. REFERENCES City of Costa Mesa Bart McJia, City Engineer 1 714.754.5291 1 baltazar.mejia@costamesaca.gov City of San Juan Capistrano Tom Toman, Assistant Public Warks Director 1 714.493.1171 1 ttoman@sanjuancapistrano.org City of Yorba Linda Rick Yee, Assistant City Engineer 1 714.961.7171 1 ryee@yorba-linda.org City of Rancho Palos Verdes Natalie Chan, Senior Engineer 1310.544.5289 1 nataliec@rpvca.gov City of San Marino Michael Throne, Parks & Public Works Director/City Engineer 1626.300.0737 City of Eastvale Michele Nissen, Former City Manager 1951.549,0029 City of Wildomar Gary Nordquist, City Manager 1951.677.77511 gnordquist@cityoWidomar.org I NTERWEST Page 111 CONSULTING GROUP 25F-65 Page 112 25F-66 SECTION 2 Scope of Services & Schedule In the sections following, we have provided typical scopes of work for the main areas of the RFP we propose to provide services in: o Engineering Plan Review o Project Management o Engineering & Administrative Support of the City's Neighborhood Traffic Management & Residential Permit Parking Program o Construction Management, Project Inspection, & Oversight Interwest does not propose to provide design, survey, or accounting services for this contract. We are however fully capable of providing the Building Inspection and GIS Analyst services implied in the list of potentially required personnel, but omitted from the scope of work. We have Included hourly rates for these positions in the fee schedule, and would be happy to provide a scope of work and a list of qualified candidates for these potions upon request. Schedule We will supply the City with a list of candidates to fill a particular position within 48 hours of the City alerting us of a need. Engineering Plan Review Our team of plan review engineers is committed to meeting the needs of our clients. We work with you to efficiently review and approve plans and maintain schedules. We guarantee the highest level of quality through the plan check cycle, from planning and design to construction completion. Areas of focus include: • Street improvement, rehabilitation, and widening plans • Water, sewer, utilities, and water Infrastructure plans • Mechanical and Electrical plans • Traffic and road striping plans • Map Checking Related tasks also Include: • Preparation of Conditions of Approval • Conducting research on the project • Attending Planning Commission meetings • Preparing the scope of work and reviewing traffic impact analysis • Reviewing and commenting on EIR's for private development • Calculating impact fees • . Meeting with City staff to coordinate conditions of development • Meeting with private engineers and developers regarding public works matters INTERWEST Page 113 CONSULTING GROUP 25F-67 Project Management Interwest has extensive experience and success in developing and implementing municipal public works projects, including those with State and/or Federal funding requiring compliance with the Caltrans Local Assistance Procedures Manual. We create and apply management systems that work and carefully monitor program effectiveness by closely tracking work quality, quantity, and cost. Our approach begins with the Identification of specific project priorities and their scheduled completions. Delivering Capital Projects under aggressive schedules involves management, administration, and oversight of project development teams from inception to completion. Project management to Interwest means complete ownership of all aspects Including project delivery, funding, project development, and programming. We measure our success in meeting deadlines, project budgets and most importantly, our client's expectations. Areas of focus Include: • Monitoring program effectiveness • Agency coordination on joint projects • Stakeholder & community outreach • Working with utility agencies on relocations • Following Caltrans Local Assistance Procedures Manual and Guidelines • Ensuring environmental regulation compliances • Advanced project planning • Bid & award contracts • Managing federally funded projects • Outside agency encroachment permits Neighborhood Traffic Management & Residential Permit Parking Program Through our experience in handling neighborhood traffic calming requests in cities such as Santa Ana, Placentia, Brea, San Marino, Temecula, Rancho Palos Verdes and San Juan Capistrano, we have learned that successful neighborhood traffic calming plans are developed through neighborhood consensus. It is important that all affected residents are involved in the process, and that they are well-informed about the options, the proposed measures, and the approval process. We have done our jobs properly when a proposed traffic calming plan is thought of by the residents as "their" plan, and the plan presented to the City Council is supported by a majority of the residents. Below, we have provided typical engineering and support tasks relating to Neighborhood Traffic Management and Residential Permit Parking Programs. We look forward to the opportunity to expand upon these tasks and create a detailed approach for the City if selected. General Tasks: • Response and management of public requests/petitions for neighborhood traffic calming • Determination and prioritization of study areas • Data collection coordination, and analysis • Determination of potential solutions, cost analysis, refinement of plans and study of effectiveness of traffic calming measure(s) after implementation • Preparation of construction plans • Attending neighborhood meetings NTERWEST Page 114 CONSULTING GROUP 25F-68 • Reviewing and updating the City's current Neighborhood Traffic Management Program Pre -Study Tasks: • Responding to requests, screening requests • Initial review and confirmation of issues • Defining study areas and identifying areas Impacted by proposed traffic calming measures • Initiation of plan process Study Tasks: • Coordinating collection of data, analysis of data • Developing design plans • Public consultation and presentation of plans to the public Post -Study Tasks: • Coordinating collection of data, data analysis, and Identification of issues/problems with the implementation of traffic calming measures, and, if necessary, modify traffic calming measure(s) or propose alternative design(s). Construction Management Pre -Construction / Bidding / Award Phase Constructabllity I Contract Document Review I Bid Support: Review of the construction plans and contract documents prior to bidding and report to the City any areas where there may be an opportunity to save money or find areas that can be corrected prior to the bid, resulting in more competitive bids and fewer construction change orders. This assistance is provided during the bidding process. Pre -Project Photographs I Video: The Construction Inspector will document the condition of the project as well as the adjacent areas prior to the contractor mobilizing, thus minimizing any dispute that may arise regarding existing vs. construction damage. Pre -Construction Meeting: We will organize or attend the pre -construction meetings prior to the Notice to Proceed being issued. Notes & a list of invitees & attendees will be distributed. Plans, Specification & Estimate (PS&E): The PS&E package is essentially the contract document from which the contractor will bid and build the project. The project engineer, in consultation with the constructlon manager, takes the approved project and begins the formal design process. Every effort must be made to stay within the scope of the approved project, and adhere to the environmental document constraints. Any changes to the scope must be approved by the city; changes to the scope during the PS&E phase will likely increase construction costs, may require additional environmental studies, and possibly delay the schedule. As the PS&E package develops, a bigger emphasis is made on constructabllity, traffic handling and staging. All can significantly impact construction costs. Bidding and Construction Support • During the bidding process, if so directed, the Interwest Team will be available to answer bidders' questions, prepare drafts of addenda or clarifications to the PS&E and assist in reviewing bids and recommending a contract award. 1NTERWEST Page 115 CONSULTING GROUP 25F-69 During construction, we will provide supplemental support to the City and construction management section for construction inquiries. This supplemental construction support includes: o Reviewing and preparing responses to RFI's o Reviewing Contractor submittals and shop drawings for compatibility with design o Reviewing and providing recommendations of change order proposals o Performing final review/evaluation & assisting with the preparation of punch list for work deficiencies o Preparing record drawings of the completed projects based upon the redlined set of as -built plans Construction Phase Project Schedule I Submittal Review: A realistic schedule that meets the requirements of the contract documents is critical to the success of the project. Our team will constantly monitor the schedule, noting and making the City aware of any critical path slips, as well as any opportunities to compress the schedule that may arise. Further, timely and thorough submittal review is critical to a project. Examples of activities include: • Coordinate, review & approve the Contractor's proposed schedule for completion of project. • Review contractor's schedule, update submittals for conformance to master schedule and contract documents. Document Control: We use the proven method of controlling documents through the system developed and used by Caltrans. We will apply consistent procedures to track all documentation, regardless of project size and location. Doing so will result in a standard documentation and filing system across the board for capital projects. As a result, records retrieval will be quick and efficient. Work activities Include: • Maintain all project documents, drawings, contract change orders, contractor submittals, shop drawing and correspondence in electronic form and hard copy. • Maintain at the project site an up-to-date copy of all contracts, drawings, specifications, addenda, change orders & other modifications, in good order & marked to record all changes made during construction. We track documents, including all correspondence. • Ensure an office engineer is available for projects with significant document control needs, and all files will be set up by our office engineer, regardless of size. • Maintain a digital photographic library & significant activities. • Maintain RFI, submittal and change order logs. Ensure consultants and engineers respond within contract time frames. We track the number of days submittals are outstanding and with a particular party on a weekly basis and report this information to the appropriate staff. • Monitor Contractor and the sub -contractors regarding compliance with prevailing wage rates and affirmative action requirements applicable to the project including a Labor Compliance Program in accordance with AB 1506 and the Davis -Bacon Act. Our Inspectors and office engineers are trained on the appropriate forms and techniques necessary to conduct these compliance activities. • Collect and review, for compliance with all State and Federal regulations, certified payroll records requirements. Weekly I Monthly Construction Meetings: We would attend and chair weekly or monthly project meetings with the contractors and stakeholders. We can prepare the agenda and IfINTERWEST Page 116 CONSULTING GROUP 25F-70 discuss schedule, budget, changes, safety issues, etc. This has proven to be an important step to getting the project on schedule early. Change Order Review/Dispute Resolution: Our team will review any requests for contract change orders to verify the work is necessary and outside of the contract, and we will negotiate the best way from the City perspective to pay for the work, whether that is time and materials, unit prices, or a negotiated amount. We will advise City as to their effect on the contract time and cost. We can perform Independent estimates of proposed change order work when necessary or when directed by the City. The Construction Manager will then make a recommendation for approval, which according to the City policy, will ultimately need approval by the Public Works Director. Materials Testing Management: We will coordinate and schedule the materials testing services to acquire the necessary services, and reports, in the most efficient manner. Compaction Control: We will coordinate compaction testing with the soil engineering firm to verify all compaction conducted meets all requirements and specifications. Progress Payment Processing: We will review progress payments and verify quantities/unit prices, amount due, certified payroll, appropriate rates, etc. If the review shows the progress payment is accurate, we will then recommend payment and circulate It to Project Manager for additional review, signature and approval. Agency Coordination: We will coordinate any work with other agencies to maximize contractor efficiency and keep the project on schedule. Project Close -Out Phase Punch List Completion: Our Inspector will generate and make the contractor aware of deficiencies as they occur in the Feld. We will encourage the contractor to repair or replace work that does not meet the specifications when it is identified. Interwest will oversee the complete performance of all punch list items and final clean-up before contractor moves off-site. Each punch list item is personally signed off by a member of our team, and all items must be signed off before the construction manager signs the list as complete. Record Drawings and Other Documents: Our Construction Manager will review the record drawings with the Inspector for accuracy & completeness prior to acceptance of the project. This is monitored weekly. At the end of the project, we will obtain from contractor all record (as - built) drawings: O&M materials, attic stock, contract required documents, lien releases, & written warrantees. Geotechnical Report: Our Construction Manager will obtain a complete geotechnical report with all test results, logs, and correspondence from the geotech prior to releasing their final payment. Final Report: Our team will prepare a final report for the project that recaps the costs, schedule, successes, and lessons learned to the City and the Project Manager for use in preparing the City Council Notice of Acceptance Staff Report. An inventory of the "wrap up" tasks for construction management activities Include: • Administer post -construction training of custodial, maintenance, operations and grounds staff for all new equipment, systems and finish materials. We intend to invite the appropriate City maintenance personnel to the final walk-through of the project so they may ask questions and review the work. We understand that the project is built for the end-user, which Is usually the maintenance department on behalf of the citizens. INTERWEST Page 117 CONSULTING GROUP 25F-71 • Coordinate final testing, documentation and regulatory inspections. We require all materials testing and special Inspection documentation to be in a final report in chronological order. • Advise on substantial and final completion and liquidated damages. • Evaluate any contractor claim, negotiate and resolve claim issues. Recommend approval or denial by the City. • Establish a warranty process and schedule six months and eleven months warranty walks. • Oversee the complete performance of all warranty repair Items. Document Archive: Once the project is complete, we will turn over all project documents in archive form to the City. Project Inspection Services Utilizing construction inspection services through interwest Consulting Group is an extremely valuable strategy for delivering cost-effective, high quality municipal services. We inspect a variety of capital Improvement, development, and utility project elements such as: roadway rehabilitations, new park developments, building and utility projects on an "as -needed" basis, streets, driveways, sidewalks, curb and gutters, pedestrian ramps, drainage improvements, parks, buildings, open space amenities, trails, traffic signals, playground equipment and sports fields plus related services including sewer lift stations, sewer, domestic water, reclaimed water and street lighting. We have a proven track record of providing all of these services. Our Inspectors will ensure that all work conforms to the project construction documents, City Codes and Ordinances including the City Grading Code and Manual, APWA "Greenbook" Standard Specifications for Public Works Construction, AWWA Standards, County Public Works Standards, State and Federal Building Codes related to site accessibility as well as Title 24 and ADA requirements, Caltrans' Local Programs Manual, the City's Quality Assurance Plan for Federal and State Funded Projects and all applicable prevailing wage laws including the Davis - Bacon and Related Acts. Our team of professionals proposed for this assignment has extensive career expertise in the public works industry. Our local knowledge In combination with our depth of experience translates into better, more consistent decision making. This provides the City with excellent value not only today in cost for services, but more importantly in the future while operating the Infrastructure. All Inspections shall be carried out using City established policies and procedures with the highest quality staff in a timely and professional manner. We shall be an advisor and advocate and provide services with the best interest of the City in mind. Quality Control For all projects we will create and apply tailored management systems that work and will carefully monitor program effectiveness, closely tracking work quality, quantity, and cost. Delivering projects under aggressive schedules requires careful management, administration, and oversight of project development teams from inception to completion with committed, complete ownership of all aspects. Despite this approach, some projects may fall behind schedule. If this occurs, Interwest will quickly review the reasons for the delay, identify options for getting the project back on track, and implement the selected option after consulting with the City. Scope, schedule and budget impacts of the delay will be scrutinized to ensure critical elements are not jeopardized by implementation of the corrective action. INTERWEST Page 118 CONSULTING GROUP 25F-72 GUARANTEED DELIVERABLES There are several important areas of work requiring special attention to ensure successful completion of a project: Standardization & Maintenance of Project Documentation — In order to effectively combat claims, it is vitally important that the construction manager and Inspector follow a uniform standard to ensure that potentially volatile issues are dealt with In a timely, accurate and consistent manner. Interwest has instituted such a system and has a proven track record of helping its clients to avoid costly claims. Monitoring Quality & Objectiveness of Field Personnel — Our construction supervisors routinely check the files and performance of our construction inspectors. Regular training meetings are conducted at which changes in rules and regulations are discussed, Of critical importance are the storm water compliance rules and the requirements of the general construction permit on City projects. Public Relations — Public works projects that impact residents and businesses present unique, non-technical challenges which must be addressed throughout the life of a project. Interwest staff will work closely with these stakeholders to make them aware of the project, its status and any changes that are made. Our assigned staff possesses the non-technical skill set needed to navigate the public relations arena. Construction Inspections (Including SWPP Compliance) — Our Inspector, as well as any other field personnel performing services will document all work, quantities, contractor and subcontractor personnel and equipment, visitors, and field orders on a daily basis. SECTION 3 Fee Proposal Per the RFP, our fee proposal has been submitted in a separate, sealed envelope. INTERWEST Page 119 CONSULTING GROUP 25F-73 Page 120 25F-74 Certifications Appendix AWACHI MNT 3-1: NON-couusm AFiFIDAVIT CERTiP[CATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Cade Section 112 and Public Contract Code Section 7106) To the cm 4or SANTA ANADBPARTMENT OF mmic WORKS SECTION 4 In accordance with Title 23 United Stales Code Section 112 And Public Contract Code 7106 the BIDDER declares flint the bid to not made in the interest of, "on babalrof, any umGsclosodperson, padnerslup, eampmy, Association, organization, or corporation; that the bid is genuine and not collusive or ahem; Ilan the BIDDER has not dhectly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and las not directly or indirectly colluded, conspired, connived or agreed vdth any BMDISR or onyi n i else to put m a sham bid, or tlat anyone shat tefiain from bidding; that the BIDD13R hos not in Any manner, directly or indirectly, sought by agreement, communisation, or conkrence. vdth *anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, of cost element of rhe bidluice., or of that of any other BIDDER, or to secure any advantage against tie public body awarding the contr ux of anyone interested in the proliosed contract; that all statements contained in the bid are line; and, further,that the BIDDER las not, directly or indirectly, submitted his or her bid price or ally breakdown thereof, or the contents thomof, or divulged information or data relative thereto, or paid, and will not pay; my to to my corporation, partnership, company oasuciation, organization. bid depositary, or to any member or agent drereaf to effectuate a collusive orslrarnbid. Nolo: The above Non-coRoslon Ati3davit Is part of the Proposal. Signing tug Proposal on the s ignaftim portign thmeaf ataR a150 corutitute signshu'e of tlus Nm coOusdonABidavlt. BIDDERS me caatloncd"that t *Ing 401Y cert&caion maysqb�t tie cerdfier to criminal prosecution. State of California/ County of Subscribed ,and sworn to (or affirmed) before me on -this day of J 2t1 by proved is me on tho basis of satisfactory evidence to be the persons) who Appemcd before and. NoteryPublic Signature NolaryPublic Seat SEE NOTARIZED) \ATTACHMENT City of Santa Ana RFP 19.047 Page A3 -.t INTERWEST Page 121 CONSULTING GROUP 25F-75 notary public or other officer completing this rtificate verifies only the identity of the 1nd1v1dua io signed the document to which this certificate attached, and not the truthfulness, accuracy, or State of California County of LOS ANGELES Subscribed and sworn to (or affirmed) before me on this -ZO day of C/unG 20 a, by A rro rrbr..r proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. '- A011- Coll"51M '44ZAV17' INTERWEST Page 122 CONSULTING GROUP 25F-76 Algiendir ATTACIOWNY3=2: NON-LO$BYING CCRTIMATION' MIRTMCATIONS Tata prosixx6ve participant ccnl6es, by s gning mid sutunitiiug this bid orprupos l,td the bstdf ltis orlicr tiowledge mid belief, that, L. No Weral officer in coance6on aiflt the 1lparl ng ofuaq fetloml eoilhact dto nwldngofanyilvlcrttigrmit tl o matcinl ofavyfedcrallavr;!boon!ctingii;toofarrycoopcmtivct$mcnieutandt(roevtension continuaton, renewal, iunendment,ormodificationol'anyfedLialcortractgaud:lovt olcoapenttiveagreement, 2, If any funds othcrthan fodcral appropriated Awds live been paid or %vi . Ilbo.p.aid;oattylicnion for inlluciioing or aiteitiptirtg to inthwnca anyoffimr.oraniployceofmiy%dotal agency: a Menibar of �� I= This canificudonisanialerial.represainationofAid upon whicjtrolibacewas; placedtvhouthis trano 6outiersmade or entered imo, alrbinissimr ofdiis tinification is a prerequisite for making or entering into this ttansachoi imposed by Seedon 13,51 T hIc 31 :tl: S. Code. Any jiorson Alio fa is to. 1110ho required curdflawi.cm slmllbe subject in ncivil .penaltyofaiotlmthanSI0,0011midnet more dwn$10,0,000for eachsuch fa tit. 'tlm jirospo6uw panierpant also agree by submitting his:ox harbid or prupdsal that he orsha siiall.iuijaltothin the. language of this Cadifieolioa be included in all lower tiorsubborriiacds, v6thvxeced $1 U6,UOOand that tdl;uch sub recipients stia11 cerflf � and diselosa accordiingly. 'Signed and Printed Name: Titter-omier and Pscrimetit -- City of Banta Ana RFP :E"47 Page A3.2 INTERWEST Page 123 CONSULTING GROUP 25F-77 Page 124 25F-78 Awildik. ATTACHMENT34.- NON-Ui;SCRiMINATFONC�C1tTitiICA` ION CtRTf1?1CATtONS 'The undersigned consultant or corporate officer, during theperforniance of this contract, certifies ns followk The Consriltam shall not'd.ism.iminate against any employee or applicant for employment because of race, color, religion, ser; or national origin. Tb6 Cousuitantsball take Annative action to ensure that applicants are employed; and that employees are treated dialog employment •vviihout; regard to theiraam volor, religion, sex, or national oilgio, 'Such action shall includebut uof bu l nr fed.to, the following; employineat. upgrading, demotiou,!or transfer; •recruihnoni or recruitmont.advcrlsing; layoff or lermination; rates of pay or other tonus or:compcnsallon;'and seTection for training, including .apprenticeship. The Consultant agrees to post. in conspicuous places, available to employeesmnd appllcents for employment. notices to be provided setting forth the provisions of this nondiscrimination clause. 3. The Consultant shall, in nll.solicitations or advertisements for -employees placed lty. or on behalf of •the Consultant, state that all qualified applicants will recehWcomideration for eiuployment without regard to race, -color, teligion, sex, ornatipiaNdgin, 3. The Consultant Abaft send to each labor unioni or representative of workers wldr .which ho/she has a collective bargaining.aereementor other.coniractor understanding,.a notice to be provided advising 9he.saidlabor union or workers' representatives of th'e.Consultanes. commitments underthus section, -and shall post copies or the notice fi conspicuous places available to employees and applicants for -cmploynient. 4, The Consultand shall comply with all provisions orEnecu6ve drier 11246 of Sepiember 24, 1965, and of the riles, regulations, and relevant orders of tide Secretary ofl.abor. 5. The'Consultant stroll famish all information' and reports required:by Executive Order- 11246 of September 24, 1965, and by rules, regulations,. and .orders of the Secretary pf Label', or pursuant thereto, and will permit access To.hialherhooks, records, and accounts by the adtuinisferingtlgency and the Secretary. 6f,Labor for purposes of idvesligOGoh, to ascertain compliance VAth such fines, regulations, and orders. 6. Li. the event of the Coasultanes non-compliance with the nondiscrimination' clauses'or this contract or yvith. any pf the said rules, regulations,, or orders;the Fonuaet may be canceled; terminates% or suspended m Whole or in part and the Consultant may be declared ineligible for further Government eontraets.or federally,ass9sted:construction contracts in accOrdsnce With procedures authorized in Execution Order 1046 of:September 24, 1965, and such Anther sanctions may be imposed and .remedies invoked as ;provided in L'xecutive Order 11246 of 8eptembor.24r. 9965, or'by rule, regulations, or order of the Secretay.of Labor; oras otherwise provided by law. 7. 'The Consultant' shall include the portion of the sentence iinmedistely'preceding paragraph (1) and the provisions of parajaphs (1) through (7) in every subcontract orpnrchas6.order unless exempted .by riles, regulations, orurders ofthe Secretary of Labor'issued pursriantto Section 204 of Fasecuiive Order 11246.of September 24, 1965, so that such provisions Will be bidding upon each subcontract Clty Of Sanaa Ana RFP 18-047 Page A". INTERWEST Page 125 CONSULTING GROUP 25F-79 or purchase order as the administering agency may direct as means of enibrcing such provisions, Includingsanations for noncompliance;:peovided,.lwwd4r, that in the evenit the Consultant. becomes involved in, or is threatened with, litigation with n sub -consultant or Yendoras a result of such directiioni by the administering agepcy,,lho Consultant may miticst that ilia United States enter into sucli'litigation to protect the interests of the United States, 8, liursunnt to ,California Libor Code. Section 1735, as. added by Chapter b43 Stam 1939, and as amended, No discrimination. shall be made in the.em0loynient.of persons vnpon publie works because of race, religious ;arced, color, rational ongm, anecstry, physical handicaps, mental condition,' marital status; or sox of such persons, except as provided In section 1420, and any consultant of public works violating this sectionis subject to all the peneittes imposed fora di014tion of thvChapter, Signed: Title: Own stPrePres Tirm: _lnterwgstConsullln +fhw Data: :6120118 city "anta Ana RFP 18-047 Page /134 INTERWEST Page 126 CONSULTING GROUP 25F-80 Resumes F.AffunkN . INTERWEST Paye 127 CONSULTING GROUP 25F-81 Page 128 25F-82 1 INTERWEST CONSULTING GROUP www.lntorwestgrp.com EXPERTISE City Transitions I Strategic Operations City Engineering Public Works Operations City Traffic Engineering Funding Districts Transportation Systems EDUCATION MBA, University of Southern California 1989 BS, University of Maine, Civil Engineering 11980 REGISTRATIONS CERTIFICATIONS State of Colorado Professional Engineer 130697 State of California Professional Civil Engineer 138694 State of California Professional Traffic Engineer I T1497 PROFESSIONAL AFFILIATIONS American Society of Civil Engineers Institute of Transportation Engineers Terry Rodrigue, PA TE Principal -in -Charge j President & Owner of Interwest Terry has over 35 years of experience in City Engineering, City Traffic Engineering, public works, operations, design and special district financing. He provides technical and strategic assistance and support to city managers, elected officials, and the community on public works programs, policies and activities, and projects. He has successfully negotiated and resolved sensitive, political, and controversial program, policy, staffing, and project issues. His approach is to ensure he is meeting the needs of the client in the most effective and efficient way possible and to work with individual communities and to focus on what is possible through creativity, expertise and relationships. BUSINESS EXPERIENCE Interwest Consulting Group In 2002, Terry founded Interwest Consulting Group, a company dedicated to providing a variety of services to local, State and Federal Government Agencies. Since that time, the company has grown to over 350 professionals and support staff providing services in the Western United States thorugh a network of 30 offices. The services provided by the company Include: ✓ Municipal Engineering ✓ Building & Safety Services ✓ Information Technology Services (17) ✓ Geographic Information Systems (GIS) ✓ City Planning PROJECT SPECIFIC EXPERIENCE Director, Community Services and Director of Public Works Rancho Palos Verdes CA Terry was appointed Interim Director for the City of Rancho Palos Verdes on two separate occasions. In both Instances, this was to fill a staff vacancy on the City's Executive Management Team. The first assignment was as Director of Community Development which consisted of planning, building, code enforcement and view preservation. The second assignment was as the Director of Public Warks which included the City's Engineering and Public Works Divisions. In both assignments, Terry reported to the City Manager and represented the Department at City Council and Planning Commission meetings. Terry provided leadership, overall direction and mentoring to Staff while assisting the City in recruiting a permanent Director. City Engineer Bell, CA Interwest has been supporting the city of Bell since November 2010. Terry began working with the city In December 2011, providing engineering services, which included managing all of the City's engineering, project management, traffic and construction management. This was an opportunity to assist Bell In Its recovery process. He works closely with staff to maintain a high level of customer service and deliver quality plan reviews to the City. Director of Public Services Lincoln, CA As the Director of Public Works for the City of Lincoln, managed the dally operations of the following functions: ✓ Engineering — Including environmental permitting, GIS, Capital Project Development and Implementation and development plan review ✓ Wastewater Treatment— A 4MGD tertiary wastewater treatment plan ✓ Wastewater Collection — Acompletewastewatercollectionsystem. ✓ Water Distribution —Tanks, reservoirs wells and a complete distribution system for the community water supply 25F-83 Page 129 11 1 INTERWEST CONSULTING GROUP www.lnterwastgrp.com J Streets — Maintenance and management of 250 miles of streets including signals, signing and stripping and sidewalks ✓ Parks/open Space/ facilities — Maintenance and operation of all city parks, open space and facilities ✓ Transit —A local fixed route and Dial -a -Ride system. ✓ Solid Waste — Residential and Commercial solid waste collection and recycling program ✓ Airport—Operation and maintenance of municipal airport ✓ Construction Management—Managing and Inspecting all public infrastructure Worked as part of the City's executive management team to develop and Implement a long-term staffing and reorganization plan and improve customer services. Assisted in resolving major outstanding claims and Issues on several private development projects. Negotiated extensively with large land development entities. Worked with a multitude of funding sources Including stimulus funding grants. Principal -in -Charge Transition Team Wildomar, CA Principal -in -Charge of the successful transition of public works, planning, building and safety, and code enforcement services from the County of Riverside to the City of Wildomar. ✓ Transfer of Services — The team, together with key Riverside County staff, developed detailed processes, protocols, delivery methods, and agreements necessary to accomplish the seamless and cooperative transfer of services. ✓ Management Systems— Developed and Implemented management systems to monitor and track activities associated with planning and development entitlement reviews, engineering and building plan reviews, code enforcement cases, and street maintenance works orders. ✓ Budgets — Created fiscally prudent and conservative operating and capital Improvement budgets based upon available funding sources and revenues. ✓ Departments — Oversaw and responsible for all aspects of public works, planning, building and safety, and code enforcement. Transition Manager I Contract Manager Engineering & Building Elk Grove, CA As the Manager of Engineering and Building for the City of Elk Grove, transitioned all Public Works and Building Department Services from Sacramento County to the City of Elk Grove. Built a staff of 60 people within 9 months and led the transition of the following services from Sacramento County: ✓ Public Works Plan Checking ✓ Drainage ✓ Public Works Inspection ✓ Transportation ✓ Permit Issuance ✓ Street Maintenance ✓ Public Counter Operations ✓ Special Districts ✓ Capital Projects ✓ All Building Department Operations Contract City Engineer Westlake Village, CA As Contract City Engineer for the City of Westlake Village, prepared capital programs for Improvements to City -owned facilities, supervised the preparation of plans, specifications and bidding; monitored the construction of capital projects; responded to citizen Inquiries, reviewed development proposals and made presentations to City Council and citizen groups. City Traffic Engineer Various Southern CA Cities Terry has served as Contract City Traffic Engineer for the Cities of Malibu, Rolling Hills Estates, Thousand Oaks, and Moreno Valley. In this capacity, he performed a variety of traffic Investigations requested by citizens and City Council, reviewed developer plans and studies, developed and implemented traffic safety programs and policies, conducted traffic analyses and studies, and made presentations to traffic commissions, City Councils and citizens groups. 25F-84 Page 130 Page 131 25F-85 George Alvarez, PE, TE 1 Project Manager j Primary Agent , I NTERW EST George has over 40 years of successful planning, Implementing, and administering public CONSULTING works projects and programs. He brings a solid history of successful management with GROUP over 35 years as a Public Works City Engineer. Recognized as a dedicated professional with exemplary work ethic, he focuses on continuous process improvements while maintaining EDUCATION the ability to effectively navigate through politically sensitive environments. George has Bachelor ofsclence managed capital projects over $300M. He has experience In budget preparation and Civil Engineering maintenance, negotiations, organization development, grant funding, and project California State University Long Beach management. He Is committed to serving the needs of the client through strong Long Beach, CA leadership and a collaborative approach. Santa Ana Advanced Leadership PROJECT SPECIFIC EXPERIENCE Development Program City Engineer Santa Ana Public Business Management 2012 - Present Interwest Consulting Group, Inc. I CA Program Provides project management for the construction of the municipal public works projects. REG 1 S T R A T 1 0 N $ Oversees assigned projects to ensure contractor compliance with time and budget CERTIFICATIONS parameters for the project. Prepares operational guidelines for subordinate divisions and CA Registered Civil Engineer 125161 monitors response. Prepares the Capital Improvement Program budget for local agencies. CA Registered Traffic Engineer 1485 Responds to public or other Inquiries relative to engineering policies and procedures on specific projects and other information. Evaluates Issues and options regarding municipal AWARDS President, Public works Association public works and makes recommendations Reviews and prepares condition of approval for California Chapter, 2010 private development projects. Serves as a member of the department head's management Government Leader of the Year team and communicates key organizational Issues to staff. American Society of Civil Engineers 2002 City Engineer Public Works Top Public Works Leader of the Year 1984-2012 City of Santa Ana I CA Public Sector APWA 2000 Responsible for Engineering Division of Public Works department encompassing design, Member -Technical Steering Committee traffic, construction and development services. Lead team of 50 In designing and OCTA 2010-20t1 constructing over $100M in annual capital improvement.projects. Negotiated consultant agreements, resolved conflicts with private developers and contractors, and partnered with local and regional agencies to Improve transportation facilities. Secured grant funding for capital Improvements. Investigated and responded to Council and citizen Inquiries. Delivered presentations to City Councll, Planning, Environmental and Transportation Advisory Committees. Facilitated project management and public speaking training for staff In all four Public Works' divisions. SELECTED ACCOMPLISHMENTS - Completed Santa Ana's single largest public Investment in history for $100M in residential street repairs. Partnered with bond counsel and financial consultants to finance $60M in bonds for project funding. • Managed construction of $ZOOM+ of major facility projects through use of traditional design -bid -build, design -build, and program manager at -risk approaches to project management. Projects Included $23M Public Works Corporate Yard, $110M Police Administration and Detention Facility, new City Hall annex, and park, fire station, and library Improvements. - Coordinated traffic, land use, and Infrastructure Improvements for 10M Sq.Ft. In total development projects. - Lead team of consultants In conducting conceptual engineering, alternative analysis and preparation of environmental document for a fixed guideway estimated to cost $15OM. - Created and chaired statewide task force to develop model ordinance for trench cut fees, which was approved by League of CA Cities, and enabled full cost recovery. - Spearheaded Mayor's Task Force on Traffic and Transportation that created report of transportation vision for arterial/residential streets, freeway/transit, and growth management, Page 131 25F-85 4 INTERWEST CONSULTING GROUP www.interwestgrp.com - Funded $2M In annual maintenance and management costs for City's Stormwater Pollution Prevention Program by creating Federal Clean Water Enterprise. - Maximized efficiencies through new technology Implementations including state-of- the-art traffic operations center to manage 280 traffic signals and advanced computer- aided -design. . Reduced contingency costs to less than 4% on construction projects by Improving construction plans and holding post -construction meetings aftereach project to Identify areas far future continuous Improvements. City Traffic Engineer 1985-1988 City of Santa Ana I CA Managed Transportation Department which consisted of 24 employees. Reviewed and coordinated private development with other City agencies. Served as Secretary on City's Transportation Advisory Committee. SELECTED ACCOMPLISHMENTS - Facilitated street and traffic signal Improvements by leading preparation of plans, specifications, and cost estimation, as well as securing grant to fund capital Improvements. - identified and recommended viable traffic safety Improvements after close review of City Council and citizen requests. Transportation Development Engineer 1984-1984 City of Santa Ana I CA Secured federal, state, and local grants for transportation projects; prepared conditions for private development approval; managed traffic study preparation; and worked with neighborhood associates to manage traffic. He led a team of eight employees and prepared a Capital Improvement Program. Project Engineer 1981-1984 WilldanAssociates I CA Developed project objectives by reviewing project proposals and plans and conferred with management. Responsible for Identifying project phases and elements, and assigning personnel as well as reviewing bids from contractors. Determined project specifications by studying product design, customer requirements, and performance standards; completed technical studies; prepared cost estimates. Determined and maintained project schedule. Confirmed product performance by designing and conducting tests. Controlled project plan and costs. Prepared projects status reports. Associate Engineer 1974-1981 City of San Juan Capistrano I CA Performed professional and technical engineering work in design, land development, and capital Improvements. Designed and prepared plans for public works projects. Answered inquiries from realtors, developers, engineers, and the general public. Developed revised design and construction standards for public works structures and appurtenances. Served as construction inspector to ensure compliance on city projects, subdivisions and encroachments. Investigated field problems affecting property owners, contractors and maintenance operations and resolved or referred problems as appropriate. Administered contracts, coordinated and reviewed the work of outside consultants, and made recommendations. Senior Engineer Assistant 1971-1974 Los Angeles County I CA Determined engineering requirements. Resolved engineering problems. Verified engineering applications. Maintained project team accomplishments by communicating essential information. Met cost standards by preparing cost -benefit analyses. 25F-86 Page 132 I INTERWEST CONSULTING GROUP www.Intorwestgrp.com EDUCATION B.S. Civil Engineering, California State University Long Beach, 1979 Command & General Staff College, Ft. Leavenworth, KS, U.S. Army -1989 REGISTRATIONS CERTIFICATIONS Registered Civil Engineer, CA 137221 Registered Civil Engineer, NV 111105 Registered Civil Engineer, AZ 128642 PROFESSIONAL AFFILIATIONS Member, American Public Works Association (APWA) Member, Amerlan society of Civil Engineers (ASCE) Member, National Society of Professional Engineers Member, Society of Amerian Military Engineers Ludwig Smeets, PE Plan Check Engineer j Project Engineer j Construction Manager Ludwig has over 40 years of experience In the civil engineering profession, Including 15 years in the public sector, and over 25 years with private consulting firms serving public entities and private land developers. PROJECT SPECIFIC EXPERIENCE Senior Project Manager 2017 -Present Interwest Consulting Group Ludwig provided Design and Construction Management for various transportation and parks Capital Improvement projects with the City of Costa Mesa as a consulting engineer. He was the construction manager and resident engineer responsible for 5 construction projects with budgets ranging from $1M to $5M. Each of these were delivered within budget and on time. His design experience was also Instrumental In overseeing the design of 3 transportation projects, which were produced to meet a challenging schedule leading to timely bidding and start of construction. President I Senior Project Manager 2003-2016 GHD I WlnzIer&Kelly I Norris-Repke At Norris-Repke, Ludwig s primary duty was to oversee all departmental functions of the corporation. He managed capital improvement projects, private development and re- development projects, and supported the operations and marketing needs of the firm. In 2009, Mr. Streets and his 3 partners sold the firm to Winzler & Kelly, and three years later the firm was sold again to GHD. Throughout these shifts In ownership, Ludwig continued to manage numerous public works Improvement projects including arterial highway projects for the Cities of Villa Park, Westminster, Irvine, Inglewood, Lynwood, Stanton, Rancho Cucamonga, Tustin, Costa Mesa, County of Los Angeles, San Gabriel, Moreno Valley, and the City of Placentia, Buena Park, Anaheim, Downey, Pico Rivera, as well as the Port of Long Beach, Port of San Diego, City of Chula Vista, Lake Elsinore, and the City of San Diego. These projects included coordination and/or the management of other sub -consultants, funding applications (including OCTA and Caltrans), environmental documentation, right-of-way acquisitions, and construction administration and inspection. Additional public works experience Includes extensive plan checking of plans completed by other sub -consultants or other in-house design teams, managing pavement rehabilitation projects, preparation of hydrology studies, Water Quality Management Plans, NPDES compliance studies and several project studies and reports for various agencies. Engineering Manager 1994-2003 Vpolnt Associates, NV After 20 years in Southern California, Ludwig moved to Las Vegas, Nevada and joined Vpoint. During his 9 years in the Nevada area, he was involved in one of the largest development Increases in the country, Including the project management of three large master planned communities — 1,100 acre McDonald Ranch, the 660 acre Sunset Greens, the 2,000 -acre Lake Las Vegas, plus casino/hotel development, sewer system expansions, the Las Vegas transportation beltway design and construction management of various projects, and numerous other developments in Northern Nevada. His clientele included many private developers plus the Cities of Las Vegas, Henderson, Pahrump, Mesquite, Clark County, and the City of Reno. The private development work Included all approvals and meeting all requirements leading to full entitlements forthe properties In question. 25F-87 Page 133 I INTERWEST CONSULTING GROUP www.interwastgrp.com Public Services Director I Senior Civil Engineer 1991-1994 City of Whittier After the Whittier Earthquake, Ludwig joined the City of Whittler and undertook responsibility for the Earthquake Damage -Related Improvement Projects, which Included the repair of all damaged Infrastructure within the city limits. In this position, he was responsible for the immediate repair and reconstruction of the city's damaged water system, and the additional task for the City's Landfill Expansion Program. During his three years serving the City, Ludwig completed all earthquake damage -related Improvement projects and expanded the Whittier Landfill by nearly 100 acres. Director of Engineering ( vice President 1985-1991 Tait & Associates During his five years with the firm, Ludwig managed both survey and engineering teams and completed projects ranging from residential and commercial development to oil company related work. He also obtained the company's first municipal agency projects. Ludwig also began his experience working on private developments, multiple residential and commercial subdivisions, entitlements, tract and parcel maps, from development review application through full private and conforming public improvements as required and in conformance with the Subdivision Map Act and all development requirements. Included within the work to approval was obtaining environmental approvals with CEQA and NEPA, and the Coastal Commission, if applicable. Designer ( Project Engineer ( Associate Engineer 1972-2984 City of Fullerton While attending night school at Cal State Long Beach and working for Fullerton during the day, Ludwig became proficient in roadway and arterial highway design, as well as sewer and storm drain design for numerous projects. As an Associate Engineer, Ludwig provided full project Involvement in obtaining the preliminary engineering through final project acceptance of two grade separation projects — the Lemon Street Underpass and the Gilbert Underpass, both grade separations under the UP and SF Railway lines through the City of Fullerton. Ludwig worked closely with 5 consultant teams, the City's surveyor, design team, inspection team, the right-of-way agents, and the railroads. Military Service 1970-2004 U.S. Marine Corps ) U.S. Army Reserve In addition to 2 years as an active duty draftee in the Marine Corps during Vietnam, Ludwig has worked for over 32 years as a military reservist, engineering and artillery officer. While he commanded combat arms troops and units, he planned and executed numerous operational exercises by completing several active duty tours and deploying for up to 13 months to various U.S. and NATO operations around the world, including Republic of Korea (1984,1985,1989,1991, 1994), Panama (1995), Norway (1998), Bosnia/Herzegovina (1995), Germany (1982 and 1984), Kuwait (1991), Ukraine and Russia (2001 & 2004). As a retired Lieutenant Colonel in the U.S. Army Reserve, Ludwig feels very confident In his management of personnel and the resources associated therewith. The experience has been most beneficial and has carried Into his private career as well. PWIZOT46, Page 134 4 Kamran Saber, PE, QSD/QSP Plan Review Engineer I Project Manager I NT E RTI E CONSULTINGG Kamran has over 30 years of experience in the design and management of major multi- GROUP disciplinary public works projects. His experience includes transportation design, structural design, utility engineering, hydraulic, hydrology, cost estimating, contract specifications, www.intsrwasterp.com constructability analysis, peer reviews, environmental process and reviews, reportwritlng, RFP preparation, construction management and support services. Kamran has a broad E D U C A T 1 O N background in CIP management, planning, design and construction on a wide variety of Mastersofsclence projects including land development, street improvement and rehabilitation, sewer and Civil Engineering storm drain studies and design, grading and drainage. He also has extensive training and California State University, Sacramento hands-on experience In project/resource management and Total Quality Management, CA and is a Certified Facilitator. Additionally, Kamran has extensive expertise In federally and state funded projects through his work managing over 100 federally funded projects Bachelors of science throughout his career. Civil Engineering PolytechnlcTehran Kamran's professional history includes City Engineer experience at the Cities of Covina, R E G 15 T R A T 1 O N 5 Placentia, Villa Park, San Gabriel, and the Town of Yucca Valley. Below Is just a selection of CERTIFICATIONS the many projects Kamran has worked on. CA Registered Civll Engineer) 47567 ROADWAYS & MUNICIPAL PROJECT EXPERIENCE QualiFledSWPPP Developer/PraD/QSer (QSO/QSP) Central Avenue Corridor Improvement, City of Compton, Compton, CA, 2015 — Project Manager and Pavement Engineer for the reconstruction of Central Avenue from 131st P R O F E 5 5 10 N A I Street to Compton Boulevard to address roadway rehabilitation needs In an expedited A F F I I I A T 10 N 5 manner. The project consisted of two segments: Segment 1 from 131st Street to American Society of Civil Engineers Rosecrans Avenue and Segment 2 from Rosecrans Avenue to Compton Boulevard. An (ASCE) Innovative low impact development (LID) approach was selected for the pavement Amerlcan Public Works Association rehabilitation consisting of 2-inch ARHM over 4-Inch in-situ recycled asphalt (Cold Central (APWA) Plant Recycled, CCPR) on top of 8-Inch in-situ cement treated base, also known as Full Society of Amerlon Value Engineers Depth Reclamation (FDR). Ninety percent of the proposed structural section was recycled (SAVE) from the existing road materials with no material hauled out from the project. SocletyofAmerlanMilitary Engineers San Gabriel Boulevard Rehabilitation, Mission Drive to Las Tunas Drive, City of San (SAME) Gabriel, San Gabriel, CA, 2010 — Project Manager and Construction Manager for the 1.5- RallroadAssociation of5outhern mile rehabilitation of San Gabriel Boulevard in the heart of the City of San Gabriel, The California (RASC) project included rehabilitation of pavement using the cost saving method of Full Depth Reclamation (FDR) with the construction cost of approximately $1.9M. Project Included pavement rehabilitation and reconstruction, reconstruction of centerline to Increase cross fall and to Improve cross drainage, curb, gutter and sidewalk repair, addition of gutter plate where missing, addition of cross gutters where missing or nonfunctioning, addition and/or upgrading of curb ramp and reconstruction of damaged driveway aprons. The project design included water quality green feature such as permeable concrete gutters. Maple Avenue Roadway Rehabilitation Project, City of EI Segundo, EI Segundo, CA, 2012 — Project Manager responsible for the preparation of plans, specifications, and estimate (PS&E) and management of the design staff, survey crews and sub consultants, Landscape Architect, and Geotechnical. Mr. Saber performed DA/QC, prepared project specifications and cost estimates, and coordinated the project with various City departments (Water, Planning, Maintenance, landscaping, and sewer). The main objectives of the project were rehabilitation of existing pavement, extensive drainage Improvements, Installation of landscaped median, sidewalks, and Installation of flashing red lights at mid-block crossings, public outreach and ADA ramps. The design and construction were completed within schedule and budget. West Roses Road Rehabilitation, Mission Drive to Del Mar Avenue, City of San Gabriel, San Gabriel, CA, 2010 — Project Manager for the preparation of plans, specifications, and Page 135 25F-89 INTERWEST CONSULTING GROUP www. in to rwe a tarp. c am estimate (PS&E) and construction management of 3,600 linear feet of collector roadway. Project included pavement rehabilitation, curb, gutter and sidewalk repair, addition of gutter plate where missing, addition of cross gutters, addition of curb ramps and reconstruction of damaged driveway. Arterial Rehabilitation Projects and Annual Street Resurfacing Projects, City of Lake Forest, Lake Forest, CA, 2007 — Project Manager for the preparation of plans, specifications, and estimate (PS&E) for the City of Lake Forest's annual street resurfacing projects, as well as the design for Arterial Highway Rehabilitation Projects (AHRP) along Murlands Boulevard, EI Toro Road, and Rancho Santa Margarita Parkway, These projects involved pavement resurfacing using rubberized asphalt, slurry sealing, adjusting manholes and monument preservation, restriping and the installation of loop detectors. RAIL I TRANSIT PROJECT EXPERIENCE Metrolink Station, City of Covina, Covina, CA, 2015 — Civil Design Manager and Construction Manager responsible for the proposed station design improvements at the Metrolink Station In Covina, California. Proposed improvements Included parking rehabilitation, lighting, signage, striping, landscape, Irrigation, traffic signal and entrance Improvement. Bradford Avenue Pedestrian Bridge over BNSF Tracks, Alameda Corridor Transportation Authority (ALTA), Placentia, CA, 2008 — Project Manager for this federally funded project Involved extensive negotiation and coordination with Railroad Company and adjacent KB Homes development. Project involved executing the signed Intermodal Container Transfer Facility (ICTF) Joint Powers Authority (JPA) with the Railroad Company for construction easements per Caltrans guidelines, securing right-of-way and easements from developer, and obtaining State and Federal approval (E-76) to proceed with construction. Establishment of Quiet Zone Along BNSF Tracks, Placentia, CA, 2008 — Project Manager responsible for working with BNSF and Federal Railroad Administration (FRA) to establish the Quiet Zone (QZ) in the City of Placentia. The project also involved construction of Improvements at the six crossings per FRA requirements and standards, as well as Installation of new advanced train warning and relay systems by BNSF. GRADE SEPARATIONS PROJECT EXPERIENCE Montebello/Union Pacific Railroad (UPRR) Corridor Grade Separation Feasibility Study Report, City of Montebello, Montebello, CA, 2014 — Task Manager responsible for developing a grade separated corridor along UPRR (Los Angeles Subdivision) and considering various alternatives including a complete trench, partial trench and Individual grade separations at Montebello Boulevard, Greenwood Avenue, Maple Avenue and Vale Avenue. The project included developing conceptual plans in accordance with UPRR and AREMA standards as well as cost estimates. Close coordination with the City of Montebello, Alameda Corridor East Construction Authority, UPRR and CPUC was a critical part of the project which required timely concept approval. SR -710 Gap Alternatives, Los Angeles County Metropolitan Transportation Authority, Los Angeles, CA, 2014-2015 — Task Manager (JMD Inc.) responsible for developing light rail transit, railroad and Transportation System Management/Transportation Demand Management (TSM/TDM) alternatives for the nearly five -mile -long freeway gap between Interstate 10 (Los Angeles/Alhambra) and Interstate 210 (Pasadena), Mr. Saber was responsible for developing conceptual light rail transit (LRT), grade separation, track, roadway and Intersection alignments to address local needs and hot spots through the cities of Los Angeles, Alhambra, South Pasadena and Pasadena. LRT and track alignment plans were designed in accordance with LA Metro, as well as UPRR and AREMA standards, respectively. Cost estimating of each alternative was also provided Including the development of an environmental document for the project. Mr. Saber was responsible for facilitating close coordination with the Cities, UPRR and CPUC to obtain reviews and conceptual approvals in a timely manner. 25F-90 Page 136 Supervising CEA j Supervising Civil Engineer 1 1987-1989 LA County Department of Public Works 1 Alhambra, CA Erik was the Project Engineer for various roadway resurfacing, reconstruction, and widening projects. He supervised three design engineers as well as reviewed and stamped plans and estimates. Civil Engineering Assistant (CEA) j Senior CEA j Supervising CEA 1982-1987 LA County Department of Public Works j Alhambra, CA As the CEA in the Road Maintenance Division, Erik prepared plans and estimates for resurfacing, slurry seal, chip seal, and tree maintenance contracts. He updated maintenance and Improvement data for County -maintained roads and reviewed plans for improvements to County roads required for development. Page 137 25F-91 Erik Updyke, PE 4 Plan Review Engineer j Project Manager I N T E R W E S T Erik is a registered civil engineer with over 20 years of experience. He has worked in the CONSULTING Los Angeles County Department of Public Works in a number of Divisions, including GROUP Road Maintenance, Design, and Construction. During that time, he oversaw numerous www,Intorwestgrp.com projects and supervised project engineers. Erik has acted as a technical advisor for a number of counties and cities throughout Southern California on material properties. EDUCATION Over the last decade he has also been a speaker at numerous conferences on pavement MBA preservation and asphalt studies. Long Beach State University Long Beach, CA PROFESSIONAL EXPERIENCE B.S. Civil Engineering Senior Civil Engineer University of Maine 1996-2018 LA County Department of Public Works 1 Alhambra, CA Orono, ME As the Senior Civll Engineer in the Construction Division, Erik supervised and managed A.S. Civil Englneering Technology two units, Specifications, and Environmental Compliance. The Specifications Unit University of Maine prepared various contract documents including special provisions, and administered the Orono, ME advertisement and bid opening processes. The Environmental Compliance Unit performed and administered project -related environmental compliance such as storm REGISTRATIONS CERTIFICATIONS water, lead- based paint, asbestos, and treated wood waste. He developed and wrote Registered CNll Englneer, CA 1941197 numerous standard special provisions to supplement the Standard Specifications for Public Works Construction. Erik personally prepared special provisions and other Registered Chill Engineer, ME 195587 contract documents for numerous large and complex projects. AFFILIATIONS Civil Engineer 11 Greenback Committee of Public Works 1995-1996 LA County Department of Public Works I Alhambra, CA Standards, Inc. Erik, while working in the Construction Division, assisted project inspectors with APWACo-Chalr Inspection of roadway resurfacing and associated improvement projects, and served as the Resident Engineer/inspector on a similar project on Manhattan Beach Boulevard in the City of Manhattan Beach. While in the office, he prepared special provisions, specifications, and other contract documents for various types of linear construction projects; reviewed contract documents prepared by two or three specification writers and supervised up to five people. Erik oversaw section functions, including contract document preparation, reproduction, addenda issuance, and bid openings. Supervising Civil Engineer j Civil Engineer II 1989-1995 LA County Department of Public Works I Alhambra, CA As the Supervising Engineer in the Design Division, Erik reviewed plans and estimates for roadway reconstruction and storm drain systems prepared by private consultants. He managed consultant design contracts from request for proposals through completion. At the level of Civil Engineer II, Erik supervised up to three project engineers. Supervising CEA j Supervising Civil Engineer 1 1987-1989 LA County Department of Public Works 1 Alhambra, CA Erik was the Project Engineer for various roadway resurfacing, reconstruction, and widening projects. He supervised three design engineers as well as reviewed and stamped plans and estimates. Civil Engineering Assistant (CEA) j Senior CEA j Supervising CEA 1982-1987 LA County Department of Public Works j Alhambra, CA As the CEA in the Road Maintenance Division, Erik prepared plans and estimates for resurfacing, slurry seal, chip seal, and tree maintenance contracts. He updated maintenance and Improvement data for County -maintained roads and reviewed plans for improvements to County roads required for development. Page 137 25F-91 Page 138 25F-92 25F-93 Sudi Shoja, PE Plan Review Engineer j Project Manager I NTE RTI EST CONSULTING Sudl is a team-orlented Public Works leader with years of valuable municipal experience. GROUP She demonstrates administrative leadership In multiple divisions of Public Works departments and exhibits strong skills in collaboration and client service. Sudi has high www.iniorwestgrp.com energy, is result oriented and highly motivated and has a proven track record of providing Construction Management on many award-winning municipal projects. Throughout her EDUCATION career she has represented municipalities and led the relationships and negotiations Masters of Science resulting in County -wide collaborations with numerous regional and local organizations Civil Engineering and planning agencies such as: Transit District, Caltrans, Association of Governments, Purdue University, Indiana School Districts, Water and Sanitation Districts, and joint -power authorities. In addition, R E G 1 S T R A T I D N 5 Sudi has a history of securing and implementing all types of Federal and state funding CERTIFICATIONS Sources. CA Registered Professional Civil Engineer PROJECT SPECIFIC EXPERIENCE 42958 Tminingin CaltranstAPM Program Project Manager City of Wlldomar (Interwest Consulting Group, Inc.) Responsible for management of multiple widening, street Improvement and active transportation projects ranging from $2-$31 million. Manage design and construction consultants, budget, schedule, provide plan checking services and fund compliance. City Engineer/Deputy PW Director Cities of Laguna Woods, Villa Park, & Lake Forest, CA Worked as interim to fulfill the positions as needed, responsible for managing CIP, OCTA & Caltrans funded projects, contract management, staff reports, grants, Inspection, and other related work. City Engineer/Assistant Director of Engineering City of Vista, CA Responsible for the budgeting, scheduling and Implementation of the annual $60 million Vista CIP program with a staff of 25 on various kind of street, parks and facility improvement projects. Responsible for supervision of design and construction inspection teams, Part of the leadership management team overseeing $110 million of sewer system improvements including rate increase efforts, design and maintenance. Represented the City and led the relationships and negotiations resulting in County wide collaborations with numerous regional and local organization and planning agencies such as; Caltrans, San Diego Association of Government, North County Transit District, and Vista Unified School District, Vista Irrigation District, Encina Wastewater Authority. Identified and successfully secured multiple annual grants to fund sewer CIP projects that resulted in conversion of staff charges from general funds to enterprise funds. Performed Initiation and implementation of several key programs for the City such as a city-wide GIS Division and pavement management program. Responsibilities included management of all professional agreements for the department and staff supervision. Additional services provided were daily management of traffic engineering, storm water regulation and ' construction management/inspection divisions for CIP program and commercial and residential development. Construction Manager City of Huntington Beach, CA Manager of the City's Construction Management Section that included supervision of 15 staff members. Upon beginning this assignment she needed to manage six construction lawsuit settlements. Responsible for the delivery of construction administration, surveying and inspection services for CIP program and commercial and residential inspection. Some of the work included extensive parks and sports facility Improvements; and street and sidewalk maintenance projects, beach front mixed-use development, Bella -Terra Page 139 25F-93 1 INTERWEST CONSULTING GROUP www. i me rwes tEl rp.com Development, sewer lift stations; water and sewer line improvements and lining; reservoirs; new and retrofit building projects; She was also responsible for management of grant funding during the construction phase, and for Implementation of liability prevention measures, federal, state and other agency regulations and customer service. Has had extensive interaction with outside agencies and oversight of their projects within the City. Also was responsible for quality control of all City development projects. Associate Engineer, Construction Engineering City of Santa Ana, CA Project Manager and Contract Administrator for the City's construction projects and Inspection of commercial and residential developments. Construction manager for the $120 million Police Administration Building and Jail Facility that Including the emergency operation center and a parking structure and the $30 million Grand Central Art Center project. Performed budgeting, claim resolution, Investigation and response to Interrogatories, depositions and settlement negotiations. Made recommendations for construction contract bids to Council, negotiation of monitoring budget and change orders. Initiated an incentive program for Inspectors that saved money and boosted morale, assisted with annual budget and established a financial reporting system for tracking budget, grant funding and staff time. Associate Engineer, Design Engineering City of Santa Ana, CA Project Manager for design and construction of various CIP projects for street widening and utility improvements and also included consultant contract administration. Delivered quality projects with minimal change orders for street improvements, signage, fire stations and other building facility projects. Also developed a citywide ADA transition plan. In addition to numerous projects she successfully completed the development plan and conceptual design of a $14 million Fire Training Center, design development of a 423 - space parking structure and widening plan of Bristol Street. 25F-94 Page 140 T INTERWEST CONSULTING GROUP www. in to rwostg rp.c am EO UCATI ON BS, Civil Engineering, Cal State University Long Beach, 1976 REGISTRATIONS C E RTI FI C AT I O Ns Licensed Civil Engineer, CA 136897 HONORS Lifetime Achievement In Civil Engineering, ASCE Orange County Branch, 2014 Outstanding Engineer Merit Award, Orange County Engineering Council AFFILIATIONS Airport Consultants Council (ACC), Past Member American Association of Airport Executives (AAAE), Past Member American Public Works Association (APWA), Past Member American Society of Civil Engineers (ASCE), Past Member Institute of Transportation Engineers (ITE), Past Member Gary L. Miller, PE Plan Review Engineer I Project Manager Gary has more than four decades of municipal engineering experience within both the private and public sector. This background has given him strong, hands-on engineering and management skills working on local, regional, and Caltrans projects. His past responsibilities have Included engineering and management, and the preparation of plans, specifications, and estimates for major arterial roadways, Interchange ramps, and freeway Improvements. Gary has extensive experience assisting cities and local agencies in the use of federal, state, and local reimbursement funds and the process of federally funded projects through the Local Assistance Branch of Caltrans' Districts 7 and 12. Gary's career of quality projects was acknowledged when he was awarded the 2014 Lifetime Achievement in Civil Engineering award from the Orange County Branch of the American Society of Civil Engineers and the 2014 Outstanding Engineer Merit Award from the Orange County Engineering Council. PROJECT SPECIFIC EXPERIENCE Vice President— Principal J Project Engineer I Project Manager 1983-2015 RBF Consulting/Michael Baker Co. In this position, Gary was responsible for project oversight from Inception to completion, managing the design, construction management and inspection phases. He acted as the principal -in -charge and main contact for the cities he served, addressing concerns as they arose and ensuring productive and consistent collaboration with clients. Below is just a sampling of some of his noteworthy projects. • Sand Canyon Avenue Grade Separation at Metrolink/BNSF Railroad I City of Irvine I Project Manager 1 2012 — 2015 1 Provided design services; responsible for roadway layout; structure, pump station, railroad shoofly, and drainage design; railroad permitting and coordination, and survey and ROW engineering. • Metro Gold Line Intermodal Parking Facilities and Enhancements j Cities of Arcadia, Duarte, Irwindale, and Azusa I Project Manager 1 2013 — 2015 1 This project included six transit station sites. • Washington Boulevard Restoration Project j City of Commerce j Project Manager 1 2013 — 2015 j Managed the design services for widening and reconstruction from two through lanes to three in each direction. The roadway is to remain open, requiring extensive traffic handling and coordination with the public and utilities. • Barranca Parkway, Red Hili Avenue, Dyer Road Improvements j City of Irvine Project Manager 1 2013 1 The site Improvements to these heavily -trafficked intersections required coordination with three cities and many other municipalities Including railway authorities. • Long Beach Municipal Airport (LGB) Parking Structure (Design/Build) ( Project Manager 12007 — 2009 1 Acted as the civil design manager for the PS&E for the construction of a 4,000 car parking structure and realigned access roadway. • Long Beach Boulevard Medians 1 City of Long Beach j Project Manager 12006 • Baldwin Park Transit Center Parking Structure I Project Manager 12013 j New 506 stall parking structure and related transit facilities to service City Hall. • EI Camino Real and Avenida Pico Intersection Improvements I City of San Clemente I Project Manager 1 2012 1 Managed design, construction management, and Inspection services for this Intersection Improvement project consisting of 1,350ft. of roadway widening, pavement restoration, traffic signal improvements, and a small bridge structure crossing over existing protected wetlands. 25F-95 Page 141 INTERWEST CONSULTING GROUP ww w. in to rwe otarp, a am • Lawndale Various Streets and Allays Design Improvements I City of Lawndale Princlpal-in-Charge 1 2012 1 Design services Include: roadway and drainage Improvements and the development of an alternative pavement method to address wet subgrade and modifications to design and bid package to accommodate budgetary changes. • John Wayne Perimeter Road Improvements, John Wayne Airport (SNA) I John Wayne Airport I Principal -In -Charge 12010 — 2015 Provided oversight of design services for Phase I & II on the reconstruction of 4,000 linear feet of roadway. • 190'hStreet Rehabilitation I City of Torrance I Principal -in -Charge 12009 • Carnegie Library Streetscape Improvements / Carnegie Library landscape Improvements I Anaheim Redevelopment Agency I Project Manager 12006 • Rockfield Boulevard Streetscape Master Plan I City of Lake Forest I Principal -In - Charge 1 2007 — 2009 1 Provided a street-scape master plan and final construction PS&E. The development of the plan required extensive community workshop in order to identify city goals and design criteria including decorative paving and a cohesive landscape character. Gary oversaw a team of urban designers, landscape architects, civil and traffic engineers, and construction management and inspection services forthe streetscape Improvements. • Apple Valley Road Realignment and Widening j Town of Apple Valley I Principal - in -Charge 12005 1 Roadway design for the widening of 2.7 miles of Apple Valley Road from Yucca Loma Road to Bear Valley Road. • North Long Beach Street Enhancement Program I City of Long Beach I Principal - In -Charge 1 2005 1 Provided program management and oversight and engineering coordination for Improvements within the public rights-of-way In the North Long Beach Redevelopment Project Area. • Oceanside Boulevard at Rancho del Oro Drive I Stirling Enterprises, LLC I Project Manager 1 2006 1 Managed construction management, preliminary and final design, PS&E, analysis review, design surveys, topographic mapping and utility investigations. ADDITIONAL WORK EXPERIENCE Project Engineer 1981-1983 Project Designer I Project Engineer 1979-1981 Project Designer 1978-1981 25F-96 Gilbert Engineering City of Newport Beach City of Downey Page 142 INTERWEST CONSULTING GROUP www.intorwastgrp.com EDUCATION Management Practice for Engineering & Technical Professionals, University of Callfornia, Irvine, 1993 Environmental Compliance, Cal State Fullerton, 20D2 Supervisory Program, City of Irvine, 2002 Mike Loving Storm Water Quality Coordinator Mike is a public works professional with nearly 50 years of experience serving municipalities and public agencies including the Cities of Irvine and Huntington Beach, the Los Angeles Harbor Department, and the Los Angeles Department of Water and Power. During this time, Mike has seen to the successful design and execution of many projects as part of a team and in a management role. Most recently, Mike had served 10 years as the Water Quality Administrator for the City of Irvine. PROJECT SPECIFIC EXPERIENCE Project Manager I Associate Engineer j Senior Engineer ( Water Quality Administrator 1985-2012 City of Irvine During his nearly 30 years with the City of Irvine, Mike held several titles, starting out at a project manager and working his way to Water Quality Administrator. As a Project Manager, Mike was In charge of the administration of capital Improvement projects including streets, bridges, landscaping, traffic signals, storm drains, buildings, and parks. He also provided plan review of street Improvement projects and street structural sections for public and private projects. He was the City's project manager for the design/build of the Eastern Transportation Corridor SR 241 and SR 261. As Water Quality Administrator, Mike acted as the City s representative In meetings with the Orange County NPDES co -permittees, the Santa Ana Regional Water Quality Control Board, the State Water Resources Control Board and in the Newport Bay Management Committee. He also served as an alternate representative in Newport Bay Executive Committee meetings. Mike was responsible for the preparation of the City's annual Report of Waste Discharge to the Santa Ana Regional Water Quality Control Board, as well as the City's annual Local Implementation Plan (LIP). He provided outreach presentations to various groups Including the ASCE, BIA, property managers, Rotary, etc. He was also responsible for training and coordination with all City departments to ensure compliance with all stormwater pollution prevention requirements. Trainings included but were not limited to: Water Board audits, General Construction Permit compliance, fixed facilities maintenance, project management and engineering, and code enforcement for existing facilities. Mike also consulted with City Attorney and outside public and private attorneys as necessary on water quality issues pertaining to NPDES Permit issues. Engineering Assistant 1976-1985 City of Huntington Beach Mike worked for the CIWs Public Works Department, providing design and construction of storm drains, sanitary sewers, and flood control channels. Engineering Assistant 1970-1978 Los Angeles Harbor Department In the Department's Lease and Right of Way Section, Mike was responsible for calculating and mapping lease boundaries on all properties leased by the Part, including recalculating shifting property boundaries due to subsidence. Curing his time here, Mike also worked in the Advance Engineering Planning Section preparing for the Port's expansion providing services Including dredging, landfill, and various other infrastructure Improvements. Engineering Technician 1965-1970 Los Angeles Department of Water & Power In his five years In this position, Mike worked in the Water Operations Division, the Water Engineering Design Division, and the Aqueduct Division. His duties Included maintaining records of the L.A. water system; preparing plans for the L.A. domestic water system; and working in the Department's Owens Valley office in Independence, CA as part of the head of the Aqueduct Division's Immediate staff. Page 143 25F-97 Page 144 25F-98 Page 145 25F-99 Thomas Coughran, PE Water Quality and Utilities Engineer INTERWEST CONSULTING Mr. Coughran has over 35 years of experience in civil engineering design & project GROUP management and public works management, with a specialization In water services, transportation, and distribution. He is a licensed engineer in the states of California and www.interwostgrp.com Arizona and a member of the American Water Works Association (AWWA). He retired as the Director of Public Works for the City of La Habra and has since come to work as a consultant. His solid network of colleagues has grown with his experience within the engineering divisions of several other cities and districts in the surrounding area, Including EDUCATION his position as Water Resources Manager for the City of Santa Ana, Water Systems Bachelor of science Manager for the City of Fullerton, Principal Water Engineer for the City of Anaheim, and CNII Engineering, California State District Engineerforthe Mesa Consolidated Water District, University, Long Reach 1994 PROJECT SPECIFIC EXPERIENCE REGISTRATIONS Interim Maintenance Services Manager CERTIFICATIONS 2016-2017 Interwest Consulting Group I CA CA Registered Civil Engineer 150092 Thom is currently serving the City of Costa Mesa providing Interim Maintenance Manager A2 Registered Civil Engineer 126082 services In the areas of building maintenance, park maintenance, and street rehabilitation. State of California Contractor License He attends all Parks and Rec Commission meetings and prepares various reports. He also "A^ &"R", inactive administers CIP projects and prepares CIP design for projects Including the replacement of CA Distribution Operator Certification, main electrical panels In the Community Center. Thom oversees activities for street Grades pothole repairs, replacement of street signs, sidewalk grading and replacement, and development projects related to public works such as street, park, and median projects. PROFESSIONAL Additionally, he provides general direction, evaluation, and mentoring of field personnel. A F F I L I A T 10 N S Other recent projects that Thom provides oversite on include: safety street lighting American Water Works Assoclation replacement, the replacement of two pedestrian park bridges and two park shelters, Member emergency generators for essential facilities, and graffiti removal. Metropolitan WaterDistrict- Emeritus Interim Public Works ( Utilities Director Director (M7-2005) 2015-2016 City of San Juan Capistrano I CA A-21 Committee Rep. with D. 1. Thom directed, managed, and oversaw activities and operations for PW and Utilities Foundation Research (1995-2012) sections including: capital improvements for public works and water/sewer project design; operations and maintenance of water/sewer infrastructure; construction implementation, California Municipal Utilities Associatlon Inspections, cost estimates and contract documentations for compliance with local, state - Board of Governors (1999-2002) regulations; coordination with other City departments and outside agencies to satisfy requirements; and local ground water basin development. He oversaw and managed maintenance contracts for street lighting, street sweeping, trash, parks, and trees. He also provided assistance to the City Manager for difficult and sensitive inquiries for Council, and he advised & participated on a variety of boards, commissions, special interest groups and outside governmental agencies. Director of Public Works 2009-2012 City of La Habra I CA Thom was responsible for directing and participating in the development and Implementation of department goals, policies, and for ensuring compliance. He reviewed policies and work of outside service providers and contractors as they related to public works programs and programs that included: enhancements to the water and sewer system operations/maintenance, drilling two new water wells with pump stations, and maintenance programs for streets and parks. He directed the departments annual budget, and selected, trained and evaluated the performance of professional, technical and support staff. He also evaluated current programs with recommendations to City Council for new construction projects, acquisition of water property rights, maintenance programs, and residential services; prepared contract proposals that included emergency contacts, design/build projects, facllitate community Input as it related to current and Page 145 25F-99 INTERWEST CONSULTING GROUP www. in to rwestarp. a am proposed programs/services, and evaluated the availability and cost effectiveness of outside service providers. Thom worked with other department directors, and City Manager to plan, organize and implement programs affecting areas of responsibilities and matters of concern. La Bonita Pump Station — Project Included; five booster pumps for 11.5 MGD, burled 250,000 gallon blending reservoir, 750 kw emergency generator, SCADA controls and chlorination system. Budget was $8.4m. La Bonita Transmission Water Main —10,500 lineal feet of 24 -Inch CML&C steel pipe including bore/Jack trenchless technology under a railroad crossing, including traffic control and relocation of existing facilities. Budget was $1.6m. - Citywide Water Main Replacement Program — project Included multiple locations within the City limits to upgrade 6-inh through 12 -Inch water mains, which Includes new water services, fire hydrants, and PRV stations. Design Included various street redesign/construction locations. Budget was $8m over two years. - Portola Park Water Well — Design/build a third water well to a depth of 1,000 feet including a 150 -hp electric motor and 2,500 lineal feet of 12 -Inch PVC C-900 pipeline into the La Bonita Pump Station with a 1,100 GPM capacity, Including SCADA connections Into City's system for fully automatic operations. Budgeted cost was $1.8m La Bonita Water Well — Drilled the City's second water well, equipped with vertical pump with 850 -GPM capacity and 150 -hp electric motor, 1,200 lineal feet of 8 -inch PVC -C900 discharged Into La Bonita Pump Station's blending reservoir, along with pumping facility to an existing storm drain line, with Instrumentation to operate Including hydraulic controlled by cla-valve and connected to City's existing SALAD system. Budget cost was $1.6m. Water Resources Manager 1997-2009 City of Santa Ana ( CA Thom provided skilled leadership developing and implementing department goals and objectives; preparing and managing annual budget; implementing effective field maintenance/system operation activities; executing a safety program and enhancing coordination between professional and field personnel; and overseeing CIP for the qty's infrastructure with emergency/securlty preparation. Thom developed a sewer enterprise ($3-4 million) for the City's sewer infrastructure operations/Improvements and ensured compliance with sewer Waste Discharge requirements. He developed and managed long- range planning for adequate water supplies including three new water wells. He also developed a staff succession plan and additional revenue sources ($300k/yr: ten yr. lease agreement) for the City. He provided enhanced communications with City Council, City departments, water and power agencies, legislators, civic leaders and community groups, and he served as intergovernmental liaison with the Orange County Water District and the Orange County Sanitation District. Thom also performed duties as a Metropolitan Water District Board of Director for the City (1997-2005). In this role, he presented polity recommendations on State and Federal legislation Issues affecting the City's Water and Sewer Enterprise to City Manager, Council and other boards and commissions. Garthe Reservoir — Preparation of plans, specifications and estimate (PS&E), quality control for construction for two 6 -million gallon reservoirs for the water system, including electric level controls, piping and valves to distribution system. Budgeted costs $6.8m. Two Water Wells- In conjunction with OCWD pumping program, designed and drilled two water wells. Each well equipped with vertical pump with 2,000 -GPM capacity and 250 -hp electric motor, 500 to 1,000 lineal feet of 12 -Inch PVC -C900 discharged Into distribution system, along with all required instrumentation and 25F-100 Page 146 INTERWEST CONSULTING GROUP www.interwastgrp.com controls required to operate the wells from City's SCADA system. Budget cost was approx. $3.7m Garthe Water Well — Prepared plans, specifications for the drilling a water well, equipped with vertical pump with 1850 -GPM capacity and 250 -hp electric motor, 500 lineal feet of 12 -inch PVC -C900 discharged into new Garthe reservoirs and distribution system, with pumping facility to an existing storm drain line, and Instrumentation to operate Including hydraulic controlled by cla-valve and connected to City's existing SACAD system. Budget cost was $1.9m Citywide Water Main Replacement Program —Project Included multiple locations within the City limits to upgrade 6-Inh through 12 -Inch water mains, which Includes new water services, fire hydrants, and PRV stations. Design Included various street redesign/construction locations. Budget was $12m over six years. Water System Manager 1995-1997 City of Fullerton I CA As water system manager, Thom efficiently planned, scheduled and directed the operation of the City's Water Engineering Department water system, quality control and rate setting. He managed the department's annual budget/expenditures and developed and Implemented department goals and objectives. Thom prepared and managed design and construction of CIP with budget controls, which Included the drilling/development of a new water well. He effectively communicated activities with other City departments, outside agencies and presented to City Council and public on related legislative water issues. He also provided responsible and complex administrative support to the Director of Engineering and City Manager. Water Field Manager 1993-1995 City of Anaheim I CA Thom directed, planned and organized the water production, transmission/distribution maintenance and system operations programs within the Public Utilities Department to support the Assistant General Manager of Water Services. He prepared the Division's annual budget & expenditures to best represent the City's goals and objectives. He developed training for new water operation teams and enhanced communications between office and field personnel. He developed and monitored contractor emergency services and general service contracts with specialty companies (privatization) for a City cost savings of $360k/yr. Thom Introduced effective activities and communications with other City departments and outside agencies for a cost savings of $90k/yr., and provided various presentations to Public Utility Board as required. In this role, Thom was accountable for staff motivation, evaluations, labor/union grievances, and disciplinary action. - Citywide Water Main Replacement Program — Provided oversight for water replacement project at multiple locations within the City limits to upgrade 6-Inh through 12 -inch water mains, which includes new water services, fire hydrants, and PRV stations. Project included new lining procedures in existing water mains. Design included various street redesign/construction locations. Budget of $8.5M. Crescent Street Water Well — Design/build a water well to a depth of 1,200 feet Including a 250 -hp electric motor and 500 lineal feet of 12 -inch PVC C-900 pipeline Into the distribution system with a 1,500 GPM capacity, Including SCADA connections Into City's system for fully automatic operations. Budget was $1.5m. Water Trans/Distribution Manager 1992-1993 Principal Water Engineer 1988-1992 Associate Engineer 1982-1986 25F-101 City of Anaheim City of Anaheim Mesa Consolidated Water District Page 147 Page 148 25F-102 Page 149 25F-103 Gary Neal, PLS Map Checker INTERWEST CONSULTING Gary brings 40 years of land surveying experience in the engineering field In both the GROUP public and private sectors. He has supervised, managed and directed the field and office survey department operations while providing field survey and map plan -checking services www.Intorweatgrp.com for a variety of clients. His extensive background and knowledge combined with his strong leadership, E D U C AT I 0 N organization style, and effective communication skills results in thorough and complete Operating Engineers Survey Curriculum map reviews. He works seamlessly within all environments developing solid partnerships Riverside Community College with staff, developers, and the public to achieve the goals of the clients. REGISTRATIONS CERTIFICATIONS PROJECT SPECIFIC EXPERIENCE Professional Land Surveyor Land Surveyor j Map Checker State of California 2012—Present Interwest Consulting Group No. 4619 Review tentative tract and parcel maps, site plans, and other submittals for developments Professional Land surveyor and make recommendations as to engineering matters for public agency clients. State of Arizona No. 37016 land Surveyor j Map Checker Professional Land surveyor 2008-2012 Norris-Rupke I Winzler&Kelly IGHD Consulting State of Nevada Performed QA -QC plan checking services for public agency clients; reviewed legal No. 12204 descriptions, subdivision and parcel maps, record of survey maps for recording purposes, PROFESSIONAL also provided field surveys and map plan -checking services. AFFILIATIONS Mapping & Survey Manager Callfomla Land surveyors Assoclatlon 2002-2008 RBF Consulting Nevada Association of Land Surveyors Responsible for supervising the overall operations of the mapping department to ensure the firm's private developer client mapping needs were met and the required final maps recorded for the purpose of creating legal lots for sale. Survey Manager 1998 —2002 VP01 NT Consulting Warren directed the field survey operations for a private consulting firm. Projects Included; single-family subdivisions, shopping centers, commercial and Industrial centers. Field work Included; boundary surveys, design surveys, aerial and topography surveys, construction surveying, ACSM/ALTA Land Title Surveys. Mapping Manager 1994-1998 SEA Consulting Responsible for supervising the overall operations of the mapping department to ensure the firm's private developer client mappings needs were met. Survey Manager 1983— 1994 LA Wainscott & Associates Performed and managed survey tasks from preliminary design, construction, and staking through final subdivision mapping. Projects Included single-family subdivisions, commercial projects, Industrial projects and shopping centers. Survey Party Chief 1978-1983 Akers & Musser Land Surveying Performed the boundary surveys of the properties, and then set the property corner monuments at the parcel lot corners after the Parcel Maps were recorded. Professional Land Surveyor 1972— 1978 Riverside County Survey Department Initially a survey chainman, then Instrument operator, then party chief and went on to become a Professional Land Surveyor, becoming proficient in the United States Public Lands Rectangular Sectionalized System and in the plan checking process of final survey maps for recording purposes. Page 149 25F-103 Page 150 25F-104 Page 151 25F-105 Kevin Ko, PE, 4SD Senlor Engineer INTERWEST Kevin has multiple years of experience providing civil engineering services. His projects CONSULTING included services for drainage, grading, site planning, storm water quality and utility GROUP projects for jurisdictions. His many years of working with others is evident in his ability to provide excellent service to clients and complete tasks In an accurate, timely and friendly www.Intorwestgrp.com manner. EDUCATION BS, Civil EngineeringPROJECT SPECIFIC EXPERIENCE University of Havail Assistant Engineer Manoa, Hl 2015—Present Interwest Consulting Group 2013 As an Assistant Engineer, Kevin has designed a number of pavement rehab projects, Construction Project Management handled citizen requests for service, provided construction administration and inspection Prestressed Concrete Design on construction projects and worked with the team's Associate Engineer on Project Supplemental Graduate Funding including Prop C, Measure R, Gas Tax, SfPL and Grant projects. Kevin has also Coursewody 2013 provided plan review on development projects and undertaken preliminary engineering REGISTRATIONS studies to address Infrastructure Issues. Kevin is an adaptable individual who addresses CERTIFICATIONS new challenges exceptionally well. CA Registered Civil Engineerl 88495 Civil/Structural Engineering Intern/Civil Designer Qualified SWPPP Developer(QSD) 2013-2014 Sato&Associates, Inc. Collaborated with a team of professional engineers to develop civil construction plans for various small to large scale commercial land development projects in various counties in the State of Hawaii. Performed calculations and prepared reports for grading, erosion control, drainage, storm water quality, and water and wastewater systems as required for permit acquisition. Coordination with municipal agencies to address submittal review comments and compliance Issues during approval process. Worked independently on at least five small projects (under 5 acres) simultaneously, throughout design phase with minimal supervision. Highlighted Projects for Sato & Associates include: • Kalialinui Bridge repair: structural analysis and reinforcement design • Kapahulu Ave/Kihei Place Parking Lot: Drainage, grading, site planning, and storm water quality • Lanihau Shopping Center: drainage, grading, and utilities (fire, water, sewer) • Nimitz McDonald's: storm water quality • Park Lane Ala Moana: site planning and utilities (fire, water, sewer) • Puhl Warehouse: drainage, grading, site planning, and utilities (fire, water, sewer) • Puunene Shopping Center: utilities (fire, water, sewer) • Quality General Baseyard: utilities (fire, water, sewer) • Services Rentals Kona: drainage, grading, site planning, and utilities (fire, water, sewer) • Wasa Electrical New Building: drainage and storm water quality Engineering Student Intern 2011-2013 Hawaii Department of Transportation -Highways Division Assisted with coordination between branches to provide division Deputy Director with ongoing project status updates. Researched and produced documents to support Deputy Attorney Generals In highway -related litigations and for document requests granted by Hawaii's public records law. Developed GIS -like database to utilize Google Earth to store geographical information of data for traffic incident related claims. Occasionally offered assistance to other branches to expedite completion of project tasks. Page 151 25F-105 Page 152 25F-106 Page 153 25F-107 Nicole Jules, PE Traffic Engineer I NTERW EST Nicole has over 20 years of progressive professional experience and a results - CONSULTING oriented track record. She has managed a variety of complex, controversial GROUP public works improvement projects in both private and public employment and enjoys being a civil servant. Her 13 -year career spans all aspects of civil www. In It e rwo s t 9 rp• o o m engineering, Including working In a variety of environments. Her well-rounded experience has developed an ability to work successfully with varied clients and communities, Nicole has expertise in understanding how to balance good E D U C A T 10 N engineering with practical and feasible solutions. She has provided services that B.S., Civil Engineering include traffic signal design and construction, geometric design, traffic impact Unlverslty of Callfomla, Irvine studies, traffic circulation and parking analyses, construction staging, and traffic Irvine, CA control plan design. Additionally, she is proficient in roadway design, curb, Master of Planning: Transportation Planning gutter, sidewalk and median design, precise grading and storm drain facilities. University ofSouthem California Her experience includes project management for the construction of storm Los Angeles, CA drain facilities, roadway rehabilitation projects, a landslide stabilization project, and park improvements. REGISTRATIONS CERTIFICATIONS PROFESSIONAL EXPERIENCE CA Registered Civil Engineer[ 65964 Deputy Director of Public Works 2014-2017 City of Rancho Palos Verdes I CA AFFILIATIONS Nicole performed advanced engineering work in planning, organizing, and Member of the Amerlwn Public directing the day-to-day activities of the Public Works Department. She Works Association(APWA) managed and oversaw the administrative division as well as supervise the Member of the American Society of design, construction, maintenance and operation of streets, public structures, Civil Engineers iASCE) parks, water and sewer systems, and other City public works projects. Nicole Member of the Institute of provided engineering assistance and coordination to other City departments Transportation Engineers and managed professional consultants and contractors on public works improvement projects. Assisted in preparing the Department budget and Capital Improvement Plan. Reviewed the preparation of plans for overall projects, including design study reports, environmental impact statements, and traffic engineering reports as well as review departmental staff reports for City Council and advisory board meetings. Nicole served as staff liaison to the Infrastructure Advisory Committee, Traffic Safety Committee and the Palos Verdes Peninsula Transit Authority. Provided leadership and support to a team of 16 dynamic individuals to follow-through with the goals of the organization. Senior Engineer 2009-2014 City of Rancho Palos Verdes I CA Nicole managed several large capital Improvement projects, resulting in major improvements to the City's infrastructure and roadway network. Implemented a 7 -year roadway rehabilitation program to preserve the City's roadway infrastructure. She managed projects and maintenance activities within the City's rights-of-way. Administered the City's encroachment permit and parking permit programs. Supervised and managed a team of 5 consisting of Associate Engineers, Assistant Engineers, Permit Technicians and Public Works Inspectors. Nicole also improved the Department's delivery of customer service by streamlining permit requirements and coordinating permit activities with other departments. Traffic Management, Rancho Palos Verdes - Project Manager and staff liaison providing various municipal traffic engineering improvements, including traffic signal maintenance, signing and striping plans, investigating citizen requests for traffic controls and traffic safety analysis. Page 153 25F-107 I INTERWEST CONSULTING GROUP www.Intarwaatgrp.com 256 Street Roadway & Drainage Rehabilitation, Rancho Palos Verdes - Project Manager for construction of storm drain improvements and roadway resurfacing along 25th Street In the City of Rancho Palos Verdes. This $500,000 project Included 36" HDPE pipe, an outlet structure, several drain inlets, asphalt rubber and metal beam guard rail modifications. San Ramon Drainage & Landslide Stabilization, Rancho Palos Verdes - Project Manager of a $4 million landslide stabilization project on private property in the City of Rancho Palos Verdes. The project included construction of 36" HDPE storm drain pipe, an outlet structure, over 75,000 tons of highly engineered imported fill, 4" subdrains, v -ditches, landscaping and Irrigation. Principal 2004-2009 Priority Engineering Inc. j Torrance, CA As a consulting engineer, Nicole provided professional engineering services to municipal and private clients. Services Included signal design, geometric design, project management, traffic and parking studies. Managed a team of 12 professionals. Senior Engineer 2002-2004 City of Rancho Palos Verdes [CA Nicole managed several large high-profile capital improvement projects, Including museum improvements, storm drain enhancements, landslide stabilization, lead remedlation, pavement rehabilitation, traffic improvements and transportation management strategies. Directed and managed a host of consultants and contractors. Coordinated with other City Departments on complex development projects and also participated In leadership development activities. Associate Engineer 2001-2001 City of Torrance I CA Nicole was the Project Manager for several capital improvement projects Including water main Improvements, storm drain connections and pavement rehabilitation. Managed the city's pavement management system. Newton/Madison Street and Water Improvement, Torrance — Construction Manager of water main construction and roadway rehabilitation on Madison Street and Newton Street. This $2 million project Included water main, storm drain, curb, gutter, sidewalk, and roadway improvements. Assistant Engineer 2000-2001 City of Signal Hill j CA Nicole facilitated the City's capital improvement program. Prepared project plans, specifications and cost estimates. She managed several consultants and contractors and coordinated construction activities with other City departments. Responsible for the City's pavement management system and Inspected small-scale projects within the city's rights-of-way. Successfully designed two water -system modification projects and managed a CDBG funded residential demolition project. Annual Pavement Management/Slurry Seat Program, Signal Hill — Project manager of City of Signal Hill's annual pavement maintenance program. This $500,000 program Included slurry -sealing about % of City of Signal Hill's residential streets. 25F-108 Page 154 INTERWEST CONSULTING GROUP www.intorwoatgrp.com Project Engineer 1998-2000 Parsons Transportation Group ) Lynwood, CA Nicole was the project engineer for the surface design group of the Alameda Corridor - Mid Corridor project. Designed roadway, signing/striping, traffic signal, and landscape Improvements in the Cities of Compton, Lynwood and Los Angeles. Coordinated sub -consultant design criteria and plan submittals with the lead design team. Design Engineer 1998-2000 RBF and Associates I Irvine, CA Nicole prepared precise grading, storm drain, street improvement, signing, striping, signal and traffic control plans for various clients. Managed small design projects for several cities in Orange County. Research Assistant 1995-1996 University of Southern California I Los Angeles, CA Nicole assisted with the management and coordination of an Integrated advanced transportation management system which evolved from existing freeway and arterial traffic management systems in the Irvine area of Orange County. Transportation Engineering Assistant 1994-1998 KOA I Monterey Park, CA Nicole conducted traffic impact studies for various clients throughout southern California. Managed transportation/circulation studies for the City and County of Los Angeles. Designed and prepared traffic signal, signing, striping and traffic control plans for several municipalities In Southern California. Engineering Student Assistant 1990-1994 Caltrans -District 12 ) Santa Ana, CA Nicole assisted with the analysis of real-time traffic data and Information concerning operation of the freeway system in Orange County, as a student assistant In the Transportation Management Center (TMC). PROJECT EXPERIENCE Traffic Signal, Signing & Striping, Stage Construction Design • Perris Blvd/Nuevo Rd Striping Concepts Wal-Mart, City of Perris • Traffic Signal Construction Wal-Mart, City of Fountain Valley • Traffic Signal/Signing & Striping Lowe's, City of Santee • Traffic Signal/Signing & Striping Sam's Club, City of EI Monte • Traffic Signal Lowes, City of San Jacinto • Traffic Signal/Signing & Striping Nordahl Road/Medical Ctr Way, City of San Marcos ■ Signing & Striping Lowe's, Town of Apple Valley • College Blvd/Salk Avenue Traffic Signal, City of Carlsbad • EI Toro Road Signing, Striping & Stage Construction, City of Mission Viejo • Alameda Corridor, Mid -Corridor Signing & Striping, Cities of Compton, Lynwood, Los Angeles • Redondo Beach Blvd & Rehabilitation, City of Gardena • Harry Bridges Road Construction Staging, City of Los Angeles • Traffic Signal/Signing & Striping Kmart, City of Hesperia • Traffic Signal Wal-Mart, City of Anaheim • Carson Street WTCP, City of Carson • Saint Claire Catholic Church Signing & Striping, City of Santa Clarita 25F-109 Page 155 1 INTERWEST CONSULTING GROUP www.Jnterwestarp.com Civil Design • Bake Parkway Median Modification, City of Irvine • Precise Grading & Street Improvements, Disney Parking Lot N6 • Dominquez Channel Bicycle and Multipurpose lane, City of Compton • Caltrans Storm Water BMP Pilot, District 12 • Spring Street medians, City of Signal HIII • Walnut/Bixby Road Pressure Reducing Station & Bypass Line, City of Signal HIII • Long Beach Naval Yard Demolition Project, City of Long Beach Traffic Impact & Parking Studies • Pacific Place Mixed-use Development, City of EI Monte • Atlanta Plaza Health Spa, City of Monterey Park • Gateway Crossing Movie Theatre & Shopping Center, City of La Ca"nada-Flintridge • Alameda Corridor EIR/EIS, City of Los Angeles • Huntington Beach Medical Center Parking Survey, City of Huntington Beach • Resurrection Cemetery Mausoleum Addition, City of Montebello • Prescott College Precise Plan, City of Prescott, AZ ■ Foothill Blvd./Gould Ave. Retail Center • Avenue I/SR-2 PS&E, City of Santa Clarita ■ Douglas Street Grade Separation EIR, City of EI Segundo • Homeland Cultural Center Expansion Parking study, City of Long Beach • St. John of the Cross, City of Lemon Grove • Ventana Real Lots (1-4), City of Carlsbad • Date Street Development, City of Murrieta • Carmelo Street Motel, City of Oceanside • World Petrol III, City of San Diego 25F-110 Page 155 " Ruth Smith, TE, PTP Traffic Engineer INTERWEST Ruth is an experienced traffic engineer and transportation planner with nearly CONSULTING 40 years of experience. She began her career in the private sector, preparing GROUP traffic Impact studies, then moved to the public sector as a Senior Traffic www.interwestgrp.eom Engineer for the City of Santa Ana for 14 years, Ruth then returned to the private sector, where she not only prepared traffic Impact studies, but also used her past experience to perform a variety of traffic engineering and EDUCATION transportation planning duties for client cities, Including serving as contract City Bachelor of Science, Civil Engineering, Traffic Englneer. Ruth's wide-ranging and unique experience In both the public California state Polytechnic university and private sectors makes her a valuable asset. Her municipal experience (Cal Poly), Pomona, CA impressed upon her the Importance of ensuring that traffic Impact studies for private development are correct and complete, and that site access and on-site REGISTRATIONS circulation are fully addressed. Ruth also has a rich background in CERTIFICATIONS neighborhood traffic plans, starting with managing the Neighborhood Traffic CA Registered Traffic Engineer 11650 Management Plan, Speed Hump and Permit Parking programs In the City of Santa Ana, to more recently assisting the Cities of Temecula, Brea, San Marino Professional Transportation Planner (PTP) and Costa Mesa In preparing neighborhood traffic plans to reduce cut -through Certificate traffic and speeding. PROFESSIONAL PROJECT SPECIFIC EXPERIENCE AFFILIATIONS Traffic Engineer Institute of Transportation Engineers ITE) 2016 -Present Interwest Consulting Group I CA President, SoCalSection(2007-7008) Ruth currently provides traffic engineering services to several titles. She American Society of Civil Engineers provides on-site assistance to the City of Costa Mesa three days per week, (ASCE) preparing reimbursement requests for OCTA projects, including Interfacing Orange CountyTraffic Englneedng with OCTA staff, managing and responding to citizen requests, assisting with Council(OCTEC) the Bicycle Walking Committee and finalizing the Bicycle Management Plan, handling neighborhood traffic management plan requests, investigating the use of golf carts/low speed vehicles an public streets, and handling a variety of other tasks. Ruth also provides Traffic Engineer services to the City of San Marino, conducting investigations Into citizen requests, preparing a variety of traffic studies and presenting them, with recommended actions, to the Traffic Advisory Commission, and providing support and advice as needed. She also provides traffic engineering services to the Cities of Wildomar, San Juan Capistrano, Bell, Atherton, Merced and Chowchilla on an as -needed basis, Including preparing RFPs, reviewing traffic impact reports and trip generation, providing guidance on developer payment of traffic Improvements, responding to citizen requests and school traffic concerns, preparing and reviewing work zone traffic control plans, implementing grant -funded programs, and reviewing permit parking programs. Project Manager I Traffic Engineer II 2008-2016 Willdan Engineering I CA Ruth managed a variety of projects, Including writing proposals, selecting appropriate staff to work on the projects, setting up and managing budgets, and Invoicing clients. She performed traffic studies for client cities and private developers and served as the contract City Traffic Engineer for the City of Placentia for five years, working on-site two half -days per week. She was also contract City Traffic Engineer for the Cities of Los Alamitos and Temecula and the Consultant Traffic Engineer for the City of Rancho Palos Verdes. Her traffic study experience included preparing and reviewing traffic impact studies, preparing neighborhood traffic management and parking plans, preparing traffic Impact analyses for proposed developments and for Project Study Page 157 25F-111 INTERWEST CONSULTING GROUP www.Intorwestgrp.com Reports/Project Reports for proposed highway improvement projects, preparing parking analyses for existing and proposed developments, conducting Engineering and Traffic Surveys to set speed limits and conducting traffic signal warrant and stop signs studies. She also presented study results and recommendations to Traffic Safety Commissions, Planning Commissions and City Councils, Senior Associate 2002.2008 Urban Crossroads, Inc. ( CA Ruth managed a transportation planning group of five employees. In addition to supervising the preparation of traffic Impact; parking, trip generation and on-site circulation studies and reports, she also Interfaced with clients and municipal staff, coordinated work with civil engineering and environmental consultants, and appeared before planning commissions, city councils and boards of supervisors, She prepared studies for a variety of developments, both large and small, including planned communities, commercial developments, warehouses, distribution centers, churches, an asphalt plant, wineries, and PR/PSRs for new and existing freeway interchanges. Ruth collaborated with developers, their architects and civil engineers to redesign on-site circulation plans and project access to Improve traffic flow and meet jurisdiction requirements. She worked on In -fill projects and the remodeling of existing sites, and supervised the preparation of signing and striping plans related to development projects. Senior Traffic Engineer 1988-2002 City of Santa Ana I CA Ruth supervised groups ranging from two to five employees & administered the City's neighborhood traffic calming program (including traffic diverters and speed humps); handled citizen requests for stop signs, parking restrictions, crosswalks, etc.; managed the Santa Ana Pedestrian Safety Task Force; reviewed traffic study reports; and managed citywide traffic counts. Ruth administered the Integrated Traveler Information Sharing system, part of the Traffic Management Center, which provided automated real-time traffic Information to the public through highway advisory radio, highway advisory telephone, cable TV, and klosks ($348,000 grant). Ruth applied for and administered two Office of Traffic Safety grants ($219,000) to improve pedestrian safety citywide. She also successfully submitted grant applications for Safe Routes to School (SR2S) projects, for a total of $2,000,000 in grants for pedestrian safety improvements. She designed and implemented an overhead signage program to guide motorists to Civic Center and Downtown areas and made presentations to the City Council, City Commissions, the Environmental and Transportation Advisory Committee, schools, business groups, and neighborhood associations. Due to staff rotation, at various times Ruth was also responsible for street striping plans and construction zone traffic control plans. Because of this, she was responsible for coordinating with Caltrans on several freeway projects, Including the SR 55 widening project. Ruth was on the APWA committee that produced the 2001 Work Area Traffic Control Handbook (WATCH), she developed the Neighborhood Traffic Plan and Speed Hump programs, and Neighborhood Parking Management plans, and she administered a citywide speed limit update, the Traffic Control Devices Inventory, and the Accident Data Base. 25F-112 Page 158 Page 159 25F-113 Andrew Yi, PE, TE, PTOE Traffic Engineer I N T E R W E S T Andrew has over 30 years of experience In municipal and private civil and transportation CONSULTING engineering, more than of which was spent serving the City of Santa Clarita. He holds GROUP expertise in managing sensitive issues and projects that Involve public officials, private www.Intorweatgrp.com citizens, special interest groups and private developers. Andrew also embraces modern engineering principles to identify problems and systematically problem -solve. PROFESSIONAL EXPERIENCE City Traffic Engineer EDUCATION 2001-2017 City of Santa Clarlta I CA B.S. In Applied Mathematics • Andrew supervised, trained, and coached the staff of the Traffic Engineering and California State University, Northridge Transportation Planning Division. Northridge, CA • Advised the City Manager, City Council and Commissioners on transportation R E 6 1 S T R A T 1 0 N 5 related issues as well as planned, organized, and evaluated the division's functions CERTIFICATIONS and activities. Professional Traffic Engineer, CA ITRIB50 • Andrew also managed the City's circulation and safety programs, capital Professional Civil Engineer, CA I C64437 improvement program, annual collision analysis and mltlgatlon program. • Developed the City's Intelligent Transportation System, which included but was not Professional7rafgcOperatlansEngineerl limited to, the creation of a Master Plan, Measure of Effectiveness, Traffic 1127 Operation Center, and Fiber Network. AFFILIATIONS . He oversaw traffic signal operation and maintenance, which Included a three-year American Public Works Asscciatlon,High traffic signal retiming program and the development of a hybrid traffic signal Desert Region maintenance program which reduced signal failure and optimized the coordinating City Traffic Engineers Association timing system for the City's roadway network. Institution of Transportation Engineers • Andrew was responsible for securing funding and grants, forecasting future transportation needs, modifying circulation elements and developing code, and City and county Engineers Association, County of Los Angeles enforcing the Complete Street policy and growth of the City of Santa Clarita s Non - Motorized Plan. Intelligent Transportation Societyof CalRomla . Andrew adapted existing policies and established new standards that Improved the p p City's circulation and safety, speed limits, Residential Muitiway Stop Warrants, Traffic Signal Priority, Traffic -Calming Policy, In -Pavement Light Policy and Photo Redlight Enforcement Program. • Oversaw the Engineering Division, handling the entitlement process of private developments, the review of private engineering plans including tentative map, and the administration of the City's Streetlight Benefit Assessment Maintenance District. Page 159 25F-113 Page 100 25F-114 JGrecia Bahena Morillon Associate Engineer ) Traffic Support INTERW EST CONSULTING Grecia received her Bachelor of Science in Civil Engineering and completed an extensive GROUP internship with the City of Santa Ana, reinforcing her knowledge and developing practical experience. As an employee of Interwest Consulting Group, she has served the Cities of www.lnterwestgrp..com Irvine, San Juan Capistrano and Eastvale In the roles of Engineering and Permit Technician. As she pursues further education and certification, Grecia Is eager to continue honing her EDUCATION abilities and learning about the Industry and working effectively in a municipal Bachelor of Science In Civil Engineering, environment. Minor In Business Administration California State University, Fullerton, 2015 PROJECT SPECIFIC EXPERIENCE COURSEWORK Engineering Associate C O M P L E T E D 2016 — Present Interwest Consulting Group Engineering Surveying Grecia has served the City of Irvine as an Engineering Technician at the Cltys permit Construction Engineering counter, and has served the Cities of San Juan Capistrano and Eastvale by providing engineering support to their public works departments. Some of Grecia's duties include: Architectural Design - Providing engineering support to the City of Irvine's Engineering Development division Planningand Control of Engineering by conducting research and providing Input as well as developing and maintaining Construction Projects records - Working closely with the Senior Project Manager, for Capital Improvement Projects Active member of Institute of for the City of Irvine In developing several Requests for Proposals and completing Transportation Engineers Purchase Orders to grant projects Fullerton chapter - Conducting field investigations for the City of San Juan Capistrano related to traffic Charter member and past secretary of Concerns and Capital Improvement Projects Honor society of civil Engineers - Developing Requests for Proposals for the City of San Juan Capistrano including the Fullerton Chapter citywide street name signs replacement project and the update of pedestrian heads countdown Member and past historian of American - Aiding the City of Wlldomar with a National Pollutant Discharge Elimination System Society of Civil Engineers Fullerton Chapter Outfall Monitoring Project by surveying and conducting Inventory of the City's o) City's outfalls - Working on exhibits and providing design work using AutoCAD for the Cities of San Juan Capistrano and St. Helena and for the Town of Atherton. Engineering Intern —Traffic Division 2014-2015 City of Santa Ana Grecia was responsible for providing responsive, hlgh-quality services to City employees, representatives of agencies, and members of the public by providing accurate and up-to- date Information In an efficient and timely manner. She oversaw Investigating, designing and reporting solutions to traffic issues. She collaborated closely with public elementary schools located in the City, and presented to students, parents and school staff on traffic Improvements and pedestrian safety. Grecia project managed and designed small scale projects and made presentations at Neighborhood Association meetings and school presentations representing the City's Public Works Agency. Additionally, she coordinated and collaborated with the City's maintenance crew on various maintenance activities throughout the City. Page 161 25F-115 Page 162 25F-116 I INTERWEST CONSULTING GROUP www. Into rwestgrp. c am EDUCATION Bachelors of science, Civil Engineering, University of California, Irvine, 2017 Yvonne Soto Associate Engineer ) Traffic Support Yvonne recently graduated with her degree in Civil Engineering from UCI and began cultivating her practical skillset and municipal experience as an assistant engineer in the City of Santa Ana's Public Works Department. Yvonne has completed coursework In the areas of Operations & Control, Planning & Forecasting, Soil Mechanics, Hydrology, Structural Steel Design, Transportation Systems, Project Planning and Management, and she is proficient In using Microstation, AutoCAD, Civil 3D, EPAnet, SWWM, TransCAD, Matlab, Synchro9, and Microsoft Office. PROJECT SPECIFIC EXPERIENCE Assistant Civil Engineer 2017-2018 City of Santa Ana In this position, Yvonne designed channellzation and striping, curb markings, signage and physically challenged parking spaces using Microstation and handled requests from residents regarding safety concems In neighborhoods. She prepared work orders using Department Traffic Order (DTO) database and Request for Service (RFS) databases to address residential requests and designs. She also conducted field observations; analyzed and ordered speed studies and traffic counts for warrant studies; attended and addressed neighborhood concerns at neighborhood meetings; and attended Council Member meetings pertaining to traffic concerns in the City. Yvonne also worked on the Caltrans Encroachment Application Process to relocate loop detectors for a striping project and worked with other departments on projects utilizing the permit issuance software (SAPIN). Residential Permit Parking Aide 2017 City of Santa Ana Yvonne handled resident's requests to establish permit parking restrictions in certain neighborhoods, as well as prepared, processed, and mailed out correspondence related to the permit parking program. She also designed and processed work orders for the installation of traffic signs and issued residential parking permits at the public counter or by mail. 25F-117 Page 183 Page 164 25F-118 11 INTERWEST CONSULTING EDUCATION Masters of Business Administration Northcentral University Master of Science Civil Engineering Columbia Pacific University Bachelor of Science Civil Engineering Columbia Pacific University REGISTRATIONS CERTIFICATIONS Certlfled Stormwater Inspector National Stormwater Center Water Treatment California State University -Sacramento Transportation Planning - Air Quality UC Riverside Registered Construction Inspector Division 1 #5004, ACIA Sewer Collection Operator Grade 111 9600, CWEA Water Distribution Operator Grade I #5145, AW WA Project Management San Diego State University Certified Engineering Technlclan Traffic Operations#71251, NICET Alfred Cablay, PWLF Construction Manager ( Project Manager AI's Public Works experience spans over 35 years in Administration, Engineering, Construction, Contract Services and Maintenance Operations. He possesses a broad range of experience in Public Works Engineering, Water and Wastewater Systems, Maintenance Operations, and Personnel Administration. He brings a solid history of private and public experience with success In managing and implementing large-scale projects. His depth of public works practices fold in both past and present practices with the ever-changing technology trends. Al adds value to an organization by providing service that model innovation, creativity and customer care. His ultimate goal is to always provide superior support to our clients, effectively and efficiently manage all projects and collaboratively lead and mentor staff. He has maintained a strong involvement In the industry and has experience in technical writing and teaching. PROJECT SPECIFIC EXPERIENCE Senior Engineer 2014—Present Interwest Consulting Group I CA Provide project and program management for various city clients Ensure Quality Assurance/Quality Control on an array of public improvement projects for City Clients Special and/or Capital Improvement Program (CIP) Projects During 2014 — 2017 Successfully performed the duties as Deputy City Engineer assigned to the City of Bell. ✓ Assisted in directing City's Capital Improvement Program (CIP) Projects—Annual Citywide Pavement Rehabilitation Program, Bi -Annual City Sewer Collection System Flushing Program and Implementation of EPA's Wastewater Grant for System Modernization ✓ Provided technical services (review of Hydrology -Hydraulic Study, Low Impact Development/LID Permitting, Street Improvement Plans, Grading -Erosion Control Plans and Parcel/Final Map checks) for all Private Development entitlements ✓ Prepared all Stormwater/NPDES documents and reports for MS4 Permit Compliance and participation to LA River Upper Reach 2 Watershed meetings Interim Facilities Manager 2013-2014 City of Newport Beach I CA Provided support to Assistant City Engineer's efforts on new $150 million Civic Center Complex for all Turn -key Facility Maintenance Operations systems - Energy Efficiency, Storm Drainage, Sewer Collection, Water Distribution and Air Quality Systems Managed Facility Maintenance Work Orders for Municipal Operations and Public Works Senior Project Engineer 2013-2014 DR Consultants & Designer, Inc. I CA • Performed civil design oversight on Front Street Landscape Improvement Project for the City of Los Angeles — Port of Los Angeles/POLA • Assisted CALTRANS Prime Consultant CH2M Hill on METRO'S SR710 Environmental Analysis of TSM/TDM Alternatives Field Operations Engineer 2012-2013 The Olson Company I CA Processed Construction Plans and Permits for Transit Oriented Development/TOD and In - Town Residential and Commercial projects In various Southern California Cities Director of Public Works 2006-2011 City of Pico Rivera ( CA • Construction of $45M BNSF & UPRR Railroad Underpass for Passons Boulevard 25F-119 Page 165 • Protect managed $5M ARRA funded projects; Beverly Blvd. median and roadway rehabilitation; and the Citywide Energy Efficiency Community Block Grant Program • Represented City for Congressional hearings to obtain Federal Appropriations for the INTER WEST BNSF Railroad Underpass Repair/Reconstruction projects obtaining $2M In funding • Implemented City Masser Plans for Citywide Pavement Rehabilitation, Community Development Block GrantJCDBG Sidewalk -Handicapped Ramp Improvement Program, P RO F E 5 5 1 0 N A L Traffic Signals, Storm Water, Water Distribution (including Recycled Water), and AFFILIATIONS Sanitary Sewer Management Plan/SSMP. President P Maintenance Superintendents Ass Association provided technical and financial support data for the inclusion of Public Works pp 2017 Infrastructure needs In the City's Local Tax Measure TR' which was successfully passed In November 2009 Public Works Leadership Fellow In conjunction with the Water Replenishment District/WRD and the thru the Southeast American Public Works As Association Water Caalitlon/SEWAC helped to develop the framework for the Groundwater zols Reliability Improvement Project/GRIP as an active member of the Central Basin Vice President Municipal Water District/CBMWD acting as the CitWs Water Purveyor (Rico Rivera Maintenance Superintendents As Association WaterAuthorlty) at all District functions and activities 2014-i6 Associate Development Engineer President 2004-2006 CftyofOceanside�CA San Diego County Water Works Group 2002-O6 Performed technical review (Planning and Final Design Review) on all Coastal Development President Projects for Impacts to all city Infrastructure — Streets, Sewers and Storm Drainage Inland Empire Chapter of APWA 1 ] 998-96 Public Works Superintendent Past Committee Member 2000-2004 City of EI Caton (CA Institute of Transportation Engineers As Maintenance Operations Manager assisted the Public Works Director with drafting Past Committee Member Standard Operating Procedures/SOPS for all services and activities Including Sewer Los Angeles Stormwater Quality Collection, Storm Drainage, Streets and Sidewalks Partnership Public Works Superintendent Past Committee Member 1998-2000 City of Encinitas � CA APWA SoCal Chapter/Sustai i Developed Standard Operating Procedures/SOPS for all services and activities including 200 e -z0 Water, Sewer, Storm Drain, Beaches, Fleet and Facilities Maintenance Advisory Member Gateway Cities Public Works Officers Public Works Manager 2 00�-11 1996 —1998 City of San Luis Obispo � CA Past Committee Member Division Manager providing oversight, direction and guidance to Section Managers of San Gabriel and Los Angeles alver Transportation Planning, Traffic Engineering, Transit -Light Rail and Parking Management Stormwater Groups Past Committee Member Director of Public Works/Services Coalition for Practical Regulations 1989 —1996 City of Loma Linda � CA Interim President 1" City Department Head position created to merge previously separated divisions of Western Council of En Engineers Water, Sewer, Storm Drainage, Streets, Parks, Facilities and Fleet 2006 Co-edHor of New Newsletter Educator American Public Works/Cents I coast Author of several technical publications, and was a regularly scheduled guest lecturer at Chapter California Polytechnic Institute —San Luis Obispo, undergraduate course on Public 199 6-1998 Transportation, 1996 to 1998. Past Adjunct Faculty, Environmental Management course at Citrus College, Glendora Page 166 25F-120 INTERWEST CONSULTING GROUP www.in to rwestgrp.c om EDUCATION Master of Science, Civil Engineering, University of Tennessee In Memphis (formerly Memphis State) Bachelor of Science, Civil Engineering, University of Tennessee In Memphis REGISTRATIONS CERTIFICATIONS Registered Civil Engineer, CA I C 51298 Qualified SWPPP Developer I C 51298 Hamill Abedzadeh, PE, QSD Construction Manager & Inspector Hamid is a registered engineer who has held supervisory and management positions for more than 14 years, managing up to 20 professional and technical employees and projects budgets up to $40 M. He has extensive experience in construction management, material testing, geotechnical engineering, consulting and leadership with a proven track record In delivering complex projects on time and In budget. PROJECT SPECIFIC EXPERIENCE Senior Resident Engineer j Senior Civil Engineer j Civil Engineer 1990-2018 Orange County Public Works Senior Resident Engineer — For ten years, Hamid held this position in the County's Construction Department managing construction of capital Improvement projects. He was responsible for Interacting with the public and other agencies, administering projects, managing staff, recommending alternative solutions to conflicting Issues, responding to submittals and requests for Information, accepting construction materials and traffic control plans, compensating the contractors and negotiating contract change orders. During this time, he supervised up to 9 professional and technical staff, managed projects up to $40 M and negotiated multi-million dollars contract change orders. Senior Civil Engineer— He worked in this position for over 5 years, managing the Materials Laboratory and Geotechnical/Pavement Section. His responsibilities Included managing up to 20 professional and technical staff, preparing annual budgets, approving equipment procurement, preparing reports and accepting or rejecting construction materials. Civil Engineer— He worked for the Planning and Development Services Department for 14 years, reviewing reports, checking plans and issuing permits. I worked closely with the planners, home owners, developers, designers and outside agencies, Project Engineer 1988-1990 Zeizer Geotechnical, Inc. Hamid managed the geotechnical aspects of projects including a twenty million cubic yard grading project in Chino Hills Area. His duties consisted of interacting with the projects' proponents, overseeing and scheduling field technicians, assessing project progress, evaluating field conditions, performing subsurface explorations and preparing reports and plans for private and public works projects. Staff Engineer 1986-1988 Soil and Testing Engineers As a staff engineer, Hamid Inspected the ongoing grading operations, checked shallow and deep foundations, performed subsurface explorations and material testing, evaluated site conditions, interacted with the project proponents, provided recommendations, and prepared reports. Laboratory Manager 1994-1986 H.V. Lawmaster In this position, Hamld managed the laboratory's operations, oversaw and performed various soils and material testing, scheduled test programs, finalized the test results, performed subsurface explorations and recommended pavement sections for private and public streets. 25F-121 Page 167 Page 168 25F-122 INTERWEST CONSULTING GROUP www.interwestgrp.com EDUCATION Bachelor of Science Civil Engineering California State University of Long Beach California REGISTRATIONS C E R TI F I CA Tr O NS International Code Council 18343027 ICC Certified Special Soil Inspector Nuclear Certified ACI Certified SWPPP and NPDES Certified Giros Ganji, ICC Construction Manager & Inspector Ciros has more than 20 years of experience In construction, construction inspection, geotechnical testing and design on a number of projects for local cities, government agencies, and private developers. He successfully completed many Capital Improvements Projects, numerous mainline underground utility projects and commercial tract developments. He Is an expert In flood control, sewers, drainage, AC and PCC paving, traffic control, roadway excavation, soils testing, concrete Inspection and major public works projects. He has been responsible for Inspecting and reviewing proper traffic control plan; detecting and locating faulty materials; maintaining daily inspection reports; and preparing final punch lists. He has great communication skills responding to citizen complaints and providing quality customer service. In addition, he has prepared and maintained project documents including labor and equipment records and labor compliance reports. Ciros is familiar with construction project scheduling. He has worked very well with all members of private and public agencies and was highly respected for his efforts. PROJECT SPECIFIC EXPERIENCE The following are projects forwhich Ciros acted as consultant project Inspector. Hetzler Road Pedestrian Trail Improvements Project j City of Culver City Ciros provided Inspection for construction of 13,000 SF CMU retaining walls and 15000 SF of color PCC sidewalk on Hetzler road. His responsibilities included; Inspecting line grade, size, elevations and locations of improvements for 5000 LF of PCC wall drain, performing daily construction Inspection and recording detailed daily and picture reports, Verify /authorize progress payments with contractors and Culver City project manager, monitoring SWPPP and the BMPs Implementations and comply with the NPDES permit and to ensure contractor compliance with contract plans and specifications. Additionally, he assisted with pay quantity estimates, contract change orders, as -built drawings, and attending weekly meeting & tracking construction schedules. AT&T ODAS antenna (Outside Distribution Antenna System) ) City of Beverly Hills Ciros performed Inspection for Installations and construction Inspection of 75 cell phone antenna towers on City of Beverly Hills. Conducted an ongoing inspection of work -in - process to ensure that the final product met drawings and specifications. Maintain a daily field reports and as -built plan, construction photographs documenting progress on problem areas and include appropriate photographs in monthly progress reports. Observes work In progress to ensure that procedures followed and materials used conform to specifications. Observes work in progress to ensure that procedures followed and materials used conform to specifications. Inspect storm pipes, sidewalks, wheelchair ramps, sewer and street lights a according to plan. Fire Station 711 City of Fontana Responsible for conducting detail Inspections of construction work to ensure contract compliance with plans and specification. Inspecting of installation new sewer and water main and storm drain installations. Writing weekly inspection reports to ensuring complying with erosion control and storm water management plans. Completed and maintained records pertaining to construction progress Including daily reports, monthly pay estimates and job expenditures. Check and inspecting irrigation and landscaping for Miller park east of project. Project Cost: $19 million (design -build). 25F-123 Page 169 INTERWEST CONSULTING GROUP www.interwestgrp.com Jurupa Hills Project j City of Fontana Responsible for performing dally construction inspection to ensure contractor compliance with contract plans and specifications and recording detailed dally inspection. Assisted with pay quantity estimates, contract change orders, as -built drawings, and tracking schedules. Inspecting line grade, size, elevations and locations of improvements. Preparation and negotiations of the right of way acquisitions with the affected property owners. Design sidewalks and driveway approaches retaining walls on Citrus, Solver and Santa Ana Avenue. Project Cost: $2.8 million. Foothill to Cypress / Randall to Merrill / Oleander to Arrow Fiber Optic Installations Street Improvement and Traffic Signal Project j City of Fontana Responsible for performing dally construction inspection for trenching and installation fiber optic cable for traffic signal installations. Inspecting detours to satisfaction of the City Traffic Engineer. Inspecting construction progress payments and setting pre -construction meeting. Inspect street construction, asphalt, curb and gutters, sidewalks, driveways, curb ramps, storm water installation on Randall and Merrill Avenue. Inspecting proper bedding and backfill of utility trenches, construction of roadway courses and scheduling all requires construction testing, Project Cost: $4.3 million. Roman Avenue Street Improvement 1 City of Palm Springs, City of Desert Hot Springs, County of Riverside Perform and supervise the inspection of construction work by contractors, prepare daily reports and verify and authorize progress payments with contractors and other public agencies. Inspect construction which included retaining wall, curb and gutter, removal and replacement of concrete sidewalks, public works construction of cross gutters, concrete curb ramps, driveways, installation of waterilnes and sewer Imes, placement of Portland Cement, slurry and chip sealing. Inspect and generating punch list and supervise preparation of "as -built" records. Project Cost: $7 million. Coachella Valley and Mission Spring Water District I City of Indio, City of Thousand Palm, County of Riverside Responsible for Inspecting pipe line Installation, line and grade verification, documents and picture recording, detailed daily Inspections. Responsible for monitoring SWPPP and the BMPs Implementations and comply with the NPDES permit requirements. Also, responsible for performing daily construction Inspection to ensure contractor compliance with the contract plans and specifications and recording detailed dally Inspection reports. The Cove Project I City of Palm Spring, Caltrans - District 8 Responsible for Inspections of all construction activities to ensure contractor compliance with contract plans and specifications and recording detailed daily Inspections. Oversee Inspect monitor field work, work schedules and inspection phases. Participated In numerous safety programs and strictly enforced safety and health requirements on the site. 25F-124 Page 170 11 INTERWEST CONSULTING GROUP www.lntorwostgrp.com REGISTRATIONS CERTIFICATIONS Best Management Practices (BMP) Certificate Holder OSHA Competent Person Certlflcatlon OSHA Confined Space Certification Chuck Stagner Construction Inspector Chuck Is a construction inspector with over 35 years of experience serving municipalities In his field. He has been Involved of all aspects of various public works projects and is knowledgeable of State & County Public Works regulations as well as MUTCD, SWPPP and OSHA requirements. Chuck is an accomplished professional who prides himself on providing quality, timely services in a friendly, collaborative way. Over his career, he has served as Project Manager, business owner, and a part of a team, giving him unique insight and the managerial skills to promote communication and satisfaction at all levels. PROJECT SPECIFIC EXPERIENCE Inspector j Construction Manager 2016—Present Interwest Consulting Group, Inc. I CA Chuck provides management services and inspections on Caltrans and public works projects. His duties Included conducting weekly meetings and setting & monitoring budget controls, RFI's, & RFQ's. Chuck provided Inspection services for civil road Improvement projects following MUTCD, SWPPP, and OSHA guidelines throughout the construction process. He often represented clients as the main liaison between contractor, residents and businesses while maintaining a friendly, hands-on managerial approach. Inspector j Construction Manager 2011-2016 Civil Source Engineering, Inc. I CA Chuck provided management services and Inspections on Caltrans and public works projects. His duties Included conducting weekly meetings and setting & monitoring budget controls, RFI's, & RFQ's. Chuck provided inspection services for civil road Improvement projects following MUTCD, SWPPP, and OSHA guidelines throughout the construction process. He often represented clients as the main liaison between contractor, residents and businesses while maintaining a friendly, hands-on managerial approach. Foreman I Superintendent 2008-2011 Bannaoun Engineering, Inc. I CA Chuck managed LA County Public Works Projects consisting of grading, paving, underground utility relocation & retaining structures. He was responsible for scheduling as-builts, billing, subcontractors, employees and other utility agencies all while maintaining a positive working environment for all parties. Foreman 2006-2008 Alliance Street Works I CA In this position, Chuck worked closely with the project manager to manage quantities and billings for various public works projects. He was responsible for scheduling, wet & dry underground utility Installation, subcontractors and up to 25 employees. During this time, he saw to the successful completion of $11 M worth of projects for Cathedral City. Owner 1994-2004 C. Stagner Enterprises, Inc. I CA Chuck was the owner and operator of this underground utility contracting company. He installed utility backbone systems and oversaw everyday activities for public works and private projects ranging from $50K to $1M. Chuck handled all aspects of his business, from managing cost controls and bidding to scheduling of equipment, employees and business activities. Secretary I Treasurer j Superintendent 1980-1994 A & L Construction, Inc. j CA Chuck oversaw everyday activities for this underground utility contractor. He managed various projects and crews of up to 70 union employees and handled all aspects of project and business, cost controls, estimating/bidding, scheduling of equipment, employees and business activities. Projects that Chuck helped manage include Irvine Center Drive and most major Parkways for the City of Allso Viejo. Page 171 25F-125 Page 172 25F-126 W-0 INTERWEST CONSULTING GROUP www.loterwestgrp.com EDUCATION Associates Degree CADD Technology ITT Tech Institute 1997 REGISTRATIONS CERTIFICATIONS CA Contractor State Ucense 1929807 Focus Four Hazards In Construction Construction Health & Safety Technician (CHST) —Board of Certified Safety Professionals(RCSP) HAZW OPER Training Certification First Aid & CPR Training Course Confined Space — Entry Supervisor, Entrant, Attendant OSHA 10 Julio Velasco Construction Inspector Julio is a dedicated construction manager with nearly a 15 -year record of success in all facets of government and public works projects. He has cultivated his track record of successful completlons. of multi-million dollar projects through coordinating trades, developing client relationships and building positive rapport with architects, engineers, subcontractors and vendors, all while maintaining the client's budget. Julio is well -versed In Standard Specifications for Public Works Construction (Greenbook), Work Area Traffic Control Handbook (WATCH), and material purchasing, as well as document preparation and tracking. He is able to read and Interpret plans and has knowledge of soil and related testing methods and equipment. PROJECT SPECIFIC EXPERIENCE On -Site Infrastructure Inspector 2016 — Present Interwest Consulting Group Julio performs public works construction inspection for client cities, Including the City of Pomona. He prepares reports for all the everyday Inspection carried out In the City, and coordinates with contractors and the other members of the staff In the construction process. Julio maintains the continuity of the construction process by providing on-site Infrastructure wet utilities inspections including grading, paving, sidewalk and curb and gutter operations. On -Site Infrastructure Inspector — City of Newport Beach, CA 2016 — Present Interwest Consulting Group Julio provides various construction inspection services to the City of Newport Beach. His duties include: • Monitor traffic control problems at construction site and coordinate corrections if necessary • Prepares and records necessary dally reports for encroachment permits • Review plans and specifications of assigned project; attend and conduct pre - construction conferences as necessary • Inspect materials for identification as conforming to specifications • Perform a variety of field tests • Observe work during progress and upon completion; prepare field memos to contractors • Coordinate work with other City departments and utilities • Perform related duties as assigned Project Manager 2013-2016 Metro Builders & Engineers Group, Ltd Julio's duties Included development and updates of project schedules, management of construction field operations, contract administration, change orders, negotiation activities, and claims mitigations. He was also responsible for interfacing with clients, architects, contractors, consultants, utility companies and public agencies and for the preparation of Submittals, RFI's, Change Orders, subcontracts, daily project reports, and weekly safety meetings. He managed and oversaw entire projects including project communication and project documentation, meetings with project owner and A/E, procurement of vendors and subcontractors, development of pay requests, closeout documents and coordination with field superintendent and field foreman as necessary. 25F-127 Page 173 INTERWEST CONSULTING GROUP www.Intorwestgrp.com Project Engineer Project Coordinator 2002-2012 Metro Builders & Engineers Group, Ltd Julio was responsible for the preparation of Submittals, RFI's, Change Orders, subcontracts, dally project reports, and weekly safety meetings. He managed and oversaw entire projects from start to finish. Field Safety Officer 2002-2016 Metro Builders & Engineers Group, Ltd In this position, Julio oversaw all health and safety aspects of company operations for the welfare of all employees and subcontractors. This included scheduling necessary employee safety and injury prevention trainings; ensuring the proper use of all necessary Personal Protective Equipment (PPE); and safely operating all heavy equipment, light equipment and tools (power, pneumatic, and powder actuated). This position also Involved performing Incident Investigation. The report was created immediately after an incident when improper safety procedures were reported or an Incident or accident occurred. This also required the maintenance of all project and employee Incident records and assisting project superintendents with all aspects of company safety programs and project specific IIPPs. Each project Included but was not limited to: Weekly Safety Tool Box Meetings, Daily Inspections, Job Hazard Analysis and all components of planning, communication and coordination. Programs Used: MS Office 2012 (Excel, Word, Access, Project, Outlook, OneNote and Power Point), AutoCAD 2007 & 2012 LT & Adobe Professional. Engineering Draftsman 2000-2001 Lambco Engineering As an Engineering Draftsman, Julio's responsibilities Involved the production and coordination of traffic control plans and the re-routing of underground telecommunication utility lines. This work was designed using AutoCAD standards and menus for Level 3 and GST Telecom, now Time Warner Telecom. Engineering Included: traffic control plans in accordance to County, City, and Caltrans requirements. Also included the AutoCAD development of construction plans; site plan, general notes, details of manholes, bore holes, barrel vaults, and bridges 3-D, and As -built plans. These drawings noted stationing of street and location of all existing underground utilities such as; water lines, gas lines, sewer lines, telephone lines, cable lines, storm drains and proposed trench. Programs used: AutoCAD R14 and 2K, Microsoft Office 98 & 2K, Microsoft maps & trips 2K, Digital Thomas bras. Guide, and ArcVIew. Draftsman 1997-2000 David H. Lee &Associates, Inc. Julio's duties included the coordination and maintenance of the Drafting Department; geological identification of Cllentjob sites; field measurements of existing floor plans; floor level surveys (contour mapping); boring log profiles; Floor level survey performed (with a manometer); and AutoCAD drafting of site plan, Geotechnical map, floor plan, floor level survey, contour map, water usage graph, and boring logs. programs Used: AutoCAD LT, 97, 98, & 2K, Microsoft Office 98, Surfer, Adobe Photoshop, & Digital Thomas Bros. Guide. HIGHLIGHTED PROJECTS • 2760A Berth 142 Crane Maintenance Building, Port of Los Angeles- $6.5M • C0990 Crenshaw -LAX Advanced Utility Relocations, LA Metropolitan Transportation Authority — $7.8M • C1020 Union Station West Entry Skylight, LA Metropolitan Transportation Authority—$410K • C1027 Division 9 Fire Protection System, LA Metropolitan Transportation Authority — $7601( • Pacoima Dam Hoist and Operator House for Cableway, City of Los Angeles Public Works - $1M 25F-128 Page 174 EXHIBIT B P90POOZi PEE RATE SCHEDULE INTERWEST CONSULTING GROUP (6/25/18) TITLE BILLING RATE Project Engineer $140 Senior Civil Engineer (PE, License Required) $140 Assistant Engineer II $115 Assistant Engineer I $105 Engineering Aide $95 CARD- Designer $95 GIS- Analyst $105 Land Surveyor (LS, License Required) N/A Project Manager $160 Field Inspector (Construction) $105-125 Building Inspector (Buildings) $75-95 Storm Water Coordinator $125 Plan Check Engineer $140 Map Checker $140 Senior Accounting Assistant N/A Accounting Assistant N/A Administrative Assistant N/A Contract Administrator $105 .Permit Parking Assistant $95 Mileage will be reimbursed at the current IRS rate. Overtime, night, and weekend construction management and inspection rates are 140% of those listed above. There is no charge for shipping or coutrier service for offsite plan review services. C4NSVLriNts;G.aoUP 25F-129 25F-130 Exhibit 3 AGREEMENT TO PROVIDE ENGINEERING, TECHNICAL, AND ADMINISTRATIVE SUPPORT SERVICES FOR PUBLIC WORKS PROJECTS THIS AGREEMENT is made and entered into this 4th day of September, 2018 by and between Penco Engineering, Inc. ("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. On June 7, 2018, the City issued Request for Proposal No. 18-047, by which it sought a consultant to provide engineering, technical, and administrative support services on an on-call basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-047. 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 On an on-call basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 18-047 and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of three consultants selected to provide services on an as -needed basis under RFP No. 18-047. The total compensation for services provided by all consultants selected under RFP No. 18-047 shall not exceed a shared aggregate amount of $500,000 during the tern of the Agreement, including any extension periods. Page I of 8 25F-131 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. 3. TERM This Agreement shall commence on the date first written above and terminate on September 3, 2021, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2 -year period upon a writing executed by the City Manager and City Attorney. 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'4naintenance" 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 CONTRATOR 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 subconsultants to agree in writing that City is granted a non-exclusive and Page 2 of 8 25F-132 perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Page 3 of 8 25F-133 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall iniemnify 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 subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The 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, Page 4 of 8 25F-134 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 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: Page 5 of 8 25F-135 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Penco Engineering, Inc. 16842 Von Karman Ave, Suite 150 Irvine, CA 92606 Gary Solsona, PE, QSD, Project Manager A party may change its address by giving notice in writing to the other party, Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 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 Page 6 of 8 25F-136 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 employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 8 25F-137 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 044 /YV J6h M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA --- RAUL GODINEZ II City Manager CONSULTANT Name: Title: Page 8 of 8 25F-138 PENCOENG 1h GYlenf Success Is Ow'%Wess �N�NMHnW Proposal EXHIBIT A RFP No. 18-047 Engineering, Technical, and Administrative Support Services City of Santa Ana June 25, 2018 Submitted by: PENCO Engineering, Inc. PHNCOENG ♦th CIenlSxnrseia WiS�oas ` June 25, 2018 Mr. Taig Higgins, PE City of Santa Ana, Public Works Agency 20 Civic Center Plaza 4th Floor Reception, Ross Annex Santa Ana, CA 92701 RE: City of Santa Ana's RFP #18-047 Engineering, Technical, and Administrative Support Services Dear Mr. Higgins, PENCO Engineering Inc. (PENCO) is pleased to submit our qualifications for the Santa Ana's RFP #18-047 for Engineering, Technical, and Administrative Support Services. Our Staff Services Team Includes subconsultants who PENCO has teamed with on the City's 2015 Support Services contract as well as other successful projects to Public Agencies throughout Southern California. Our Team of professionals have the relevant experience and resources in all technical areas with the ability to carry projects through to completion, and have a proven track record for delivering services on time and within budget. We pride ourselves In providing creative solutions and efficient approaches to our projects. We will operate as an extension of your staff and will keep the City's goals for your projects always at the forefront of our decision process. During the past 30 years PENCO has had more than 50 On -Call contracts with various agencies in Southern California, including the City of Santa Ana; 25 of which are contracts within the last five years and we have listed them in Table 1, page 3. PENCO has a proven track record with Public Agencies of successfully being responsive and collaborative with city staff to provide professional engineering and administrative services. We have serviced the City of Santa Ana as an On -Call Engineering Consultant and our proposed staff are familiar with the City's processes and we are ready to continue to work. We have included the task orders performed with the City in the Relevant Project Experience section beginning on page 8 as well as other relevant experience with Public Agencies locally. PENCO's Senior Staff Manager, Gary Solsona, PE, QSD, offers the City of Santa Ana his proven professionalism and experience with Public Agencies to staff the up coming task orders under this as -needed agreement. Gary will be the main point -of -contact for each task order. PENCO has reviewed and accepts the Standard Agreement provided along with the RFP and takes no exceptions with any and all provisions. I, Gary Solsona, PE, QSD have the authority to bind the firm to the terms and conditions included in this Proposal. 1 also attest that all Information submitted with this proposal is true and correct. The City can reach me by phone (949) 753-8111, Fax (949) 753-0775, email gsolsona@pencoeng.com , or 16842 Von Karmen Avenue, Suite 150, Irvine, CA 92606. Solsons, PE, QSD Senior Staff Manager/Project Manager Irvine I Comm I San Diego 16542 Yon xannan Ave., Ste. M Irvine, CA 926061 T (949) 753-5111 C (949) 753-0775 w .pencoeng.com 25F-140 City of Santa Ana Engineering, Technical and Administrative Support Services RFP No.: 18-047 STATEMENT OF QUALIFICATIONS UNDERSTANDING OF NEED On an as -needed basis, PENCO will provide the City of Santa Ana with professional staff to perform engineering, technical and administrative tasks for the delivery of Public Work Services. These tasks may include engineering design for street rehabilitation and street widening project plans and specifications. Underground utility design and review for water, sewer and storm drain plans and specifications; Electrical and Mechanical consulting, review of design of plans and specifications for water infrastructure (i.e. development and permit projects; Engineering and administrative support of Neighborhood Traffic Management and Residential Permit Parking program; Landscaping and irrigation system design for public work projects). In addition, services may include traffic signal design, road striping, survey services, contract management, and administrative support services. PENCO will provide staff for the following positions: Engineerl ng/Technical: • Project Engineer • Senior Civil Engineer (PE License Required) • Assistant Engineer II - Civil • Assistant Engineer II - Traffic • Assistant Engineer 11— Electrical • Assistant Engineer II - Mechanical • Assistant Engineer I - Traffic • Assistant Engineer I — Electrical • Assistant Engineer I - Mechanical • Engineering Aide • CADD - Designer • GIS Analyst • Land Surveyor (LS License Required) • Project Manager • Storm Water Coordinator • Plan Check Engineer • Map Checker • Permit Parking Assistant Administrative Staff: • Senior Accounting Assistant • Accounting Assistant • Administrative Assistant • Contract Administrator CONTENTS .STATEMENT OF QUALIFICATIONS Cover Letter.................................................:...I........ 1 Understanding of Need .............................................. 2 Firm and Team Experience ...................:................... 3 Organization Chart ...........:.....................:.................8 .. Relevant Project' Experience and References:......... 8 SCOPE OF SERVICES & SCHEDULE .................. 10 APPENDIX 1 Certifications Resumes Attachment 3.1 Non -Conclusion Affidavit Attachment 3-2 Non -Lobbying Certification Attachment 3-3 Don -Discrimination Certification FEE PROPOSAL . Submitted in a Separate Sealed Envelope PENCO has selected the following subconsultants to be a part of our team. • IMEG, Inc. will provide Electrical and Mechanical Engineering • K2 Traffic will provide Traffic services. • CWE Corp will provide stormwater coordinator and WQMP Plan Check Services • David Volz Design (DVD) will provide Landscape and Irrigation Design Services. Upon the City's request to provide staff, all candidates will be pre-screened by PENCO to confirm they match the City s requested need. PENCO's Project Manager will meet with the City's staff to ensure that the City's requested need is understood as needed on each assignment. Two to three candidates will be provided for each requested position and interviews will occur as needed. It is understood that registered Professional Engineers and Licensed Land Surveyors may be required to sign plans, specifications and contract legal documents. Our Senior Staff Manager, Gary Solsona, PE, QSD, will meet with the City on a regular basis to see that each placed candidate is meeting the needs of the City. The Project Manager will also meet with the placed candidate on a regular basis to make sure the candidate's needs are being met. Page 2 25F-141 PENCOENO I FIRM & TEAM EXPERIENCE PENCO has provided comprehensive civil engineering and surveying services for 30 years and has a long history of providing civil engineering design, construction administration, and surveying services for agencies such as the City of Santa Ana, City of Anaheim, City of Irvine, Orange County Public Works and Flood Control District, the Irvine Ranch Water District, Port of Long Beach, and Los Angeles County Public Works.. Our recent On -Call Engineering contract provided two staff members to the City of Santa Ana for as needed services. PENCO was incorporated in California in 1988. Our corporate office is located at 18842 Von Karman Avenue, Suite 150 in Irvine, CA and currently employs 25 professionals. Our office is 15 minutes away from Santa Ana City Hall. MUNICIPAL ON-CALL CONTRACT EXPERIENCE PENCO's 50+ On -Call contracts experience atoms back to 1988. Table 1 highlights our municipal On -Call contracts within the last five years. MEETING THE CITY'S EXPECTATIONS PENCO has successfully delivered services for the On -Call Plan Check Services and Staff Augmentation, awarded in 2015. We are familiar with the City requirements, protocols, and high expectations and are ready for another successful project with the City. Proposed Senior Staff Manager, Gary Solsona, PE, QSD has extensive experience managing contracts of this type with many public agencies Including Santa Ana, City of Anaheim, City of Moreno Valley, City of Fullerton, City ofYorba Linda, and Irvine, to name a few. Gary will be the main point -of -contact for all staff assignments under this agreement. in any unforeseen event where Gary is unavailable, our Principal -in -Charge, George Jurlca, PE, will become the point -of -contact. PENCO TEAM With our previous experience working with the City of Santa Ana aligned with our On -Call experience with public agencies, we have to ability to offer the City a Team who will perform the services required to meet and exceed the City's expectations. City of Santa Ana Engineering, Technical and Administrative Support Services RFP No.: 18.047 SENIOR STAFF MANAGER/PROJECT MANAGER Our Senior Staff Manager/Project Manager, Gary Solsona, PE, QSD, will be the main point -of - contact and will work very closely with the City to establishing staffing requirements, Gary will manage the team and,deliver staff that meets and exceeds the City's expectations. Project team meetings will occur at least once a month (depending on task, size and schedule requirements) to review progress, schedule, technical requirements, coordination and the information needed to deliver City tasks on time and on budget. Meeting minutes will be published with action items for the Team and the City. The City staff will be part of the Team meetings as needed and/or as requested. Page 3 25F-142 City, of Santa Ana" On -Cell Engineering & Landscape' " Architecture,' .. . On -Call Plan Gheck'services - StaffAugmenladon:. CityofAnahetm On -Call Engineering& Design CltpnfCldno Det -Cell General Plindieck Services City of Diamond Bar On -Cell Design, Plan Check and Inspection Services GtyofEl Monte As-Needed Plan Check Sarvices. _. . City of Garden Grove On -Cell Survey Services On -Call Engineering and Staff Services CiyafGfandora .. 'As,Needed.Survey&Nfapping-; City of Hemet On -Cell CIP Design & Construction Support City of HuntingtonSeacr..' ' On-CeIlplane heckservices' .' .. city of Irvine On -Call Professional Consultant Services Street Improvement/Widening Design CltyofLekeFbrest' Carlsulfanl7eam5ervtces(Ertgineering,�.: .Survey, l andecape, 7refr1% QlT City ofLancester MuN-Year Professional Services _Gly at Las Angeles �� ..., Generel Civil Epglnaedng Se [vices: City of Manhattan Beach On -Call Professional Design Services .City of Mandols Ori -Cell Surveying&Engineering Services.,A yisr� Cho ior4es,' City of Moreno Valley On•Cell Professional Consultant Services On -Cell Surveying Services �CityofPemana .. Dri-Cog.PavarientRetlabbesignSarvices '.. City of Rancho Palos Verdes On -Call Civil Design, Engineering, Surveying, and Planning CountgotRlverside EOA = PreAualifying Civil EngineodnB;or Land.. .. -. _surveyor .... .:.. .. Los Angeles unifled School District On -Cell Professional Civil and Survey Services Dtange:countypublic Works, ;. .Oh-CaltA/�:SefvlcesfdrOC bWelopmenl-". ". Generel Services . ' Oh -call SupportSery)ce;:for, Road Prolecls, . :. Various Locati Port of Long Beach On -Call Contract Engineering Services Pier B On -Dock Rail Support Facility San Bernardino County- bn.cell Contract torArchitecWral,.. . .... Engineering ..'. ... ..._ - Table f SENIOR STAFF MANAGER/PROJECT MANAGER Our Senior Staff Manager/Project Manager, Gary Solsona, PE, QSD, will be the main point -of - contact and will work very closely with the City to establishing staffing requirements, Gary will manage the team and,deliver staff that meets and exceeds the City's expectations. Project team meetings will occur at least once a month (depending on task, size and schedule requirements) to review progress, schedule, technical requirements, coordination and the information needed to deliver City tasks on time and on budget. Meeting minutes will be published with action items for the Team and the City. The City staff will be part of the Team meetings as needed and/or as requested. Page 3 25F-142 City of Santa Ana Engineering, Technical and Administrative Support Services RFP No.: 18-047 PRINCIPAL -IN -CHARGE / QA/QC George A. Jurica, PE, has over 40+ providing services to transportation and municipal engineering contracts. He will perform the QA/QC as well as have the role as Principal -[n -Charge on this project. George has vast experience in planning, design, and construction of major public works infrastructure projects across Southern California. He also has in-depth understanding of preparing PS&E and construction documents for local agency transportation projects. SENIOR CIVIL ENGINEER Hubert But, PE, QSD/QSP will be our Senior Civil Engineer. Hubert has over 18 years of experience as a registered professional engineering managing and designing a wide range of public works projects consisting of rehabilitation/replacement of aging or deficient pipelines, hydraulic system modeling and design storm drain and sanitary sewer projects, and preparation of project study reports along With grading, drainage, street improvements, ADA design. PROJECT ENGINEER Sterling Mosley, EIT will be our Project Engineer. Sterling has 6 years of experience and he manages land development and Capital Improvement projects to adhere to local standards and guidelines while providing inter -department technical guidance for various projects such as the handling of earthwork, slope analysis, retaining wall designs, and general grading requirements. LAND SURVEYORS J Braley, PLS, will be our Land Surveyor on this assignment. He has over 40 years of experience as a Land Surveyor throughout California. He has a strong background in boundary and title related issues. John Koepke, PLS, CFEDS, will also be available to provide Surveying and Map Check services. John has 32 years of field and office experience in cadastral map, boundary, right-of-way, control, topographic, and design surveys for subdivision, commercial, and heavy construction projects. SUBCONSULTANTS PENCO has assembled City -savvy subconsultants for this as -needed staffing contract. Our subconsultants are listed on the Organization Chart, on page 6, along with the individuals who will perform the work specified. Table 2 below summarizes the roles of each subconsultant and their office locations followed by brief firm profiles. TWO ]MEG CORP. / MEP ENGINEERING IMEG specializes in high -performing building systems, infrastructure, program management, and construction -related services. IMEG's vast talent consists of program managers, design engineers, and dedicated construction administration personnel. [MEG was formed in 2015 through a merger which included TTG Engineers which was on our team for the Santa Ana Engineering, Technical and Administrative Support Services contract from 2015. K2 TRAFFIC / TRAFFIC SERVICES K2 Traffic Engineering, Inc. (K2) Is a consulting specialist in traffic engineering and transportation planning. K2 has been serving both public and private clients since 2006. These services range from professional consultations to PS&E contracts. K2 Traffic Engineering is a certified Disadvantaged Business Enterprise (DBE). Their clients in the public sector include Caltrans District 7, 8, 12, County of Los Angeles, City of Los Angeles, Anaheim, Santa Ana, Costa Mesa, Mission Viejo, Lake Forest, Oceanside, San Juan Capistrano. Their firm strives on being responsive and promptly delivery to meet clients' expectations. Page 4 25F-143 Ontario Electrical & Mechanical 4IMEG Engineering Services Tustin Traffic Servicesto Or Fullerton Storm Water Coordinator & WQMP Plan Check )<fl fA�a yumiAu Costa Mesa Landscape & Inlgatlon Design SeMces TWO ]MEG CORP. / MEP ENGINEERING IMEG specializes in high -performing building systems, infrastructure, program management, and construction -related services. IMEG's vast talent consists of program managers, design engineers, and dedicated construction administration personnel. [MEG was formed in 2015 through a merger which included TTG Engineers which was on our team for the Santa Ana Engineering, Technical and Administrative Support Services contract from 2015. K2 TRAFFIC / TRAFFIC SERVICES K2 Traffic Engineering, Inc. (K2) Is a consulting specialist in traffic engineering and transportation planning. K2 has been serving both public and private clients since 2006. These services range from professional consultations to PS&E contracts. K2 Traffic Engineering is a certified Disadvantaged Business Enterprise (DBE). Their clients in the public sector include Caltrans District 7, 8, 12, County of Los Angeles, City of Los Angeles, Anaheim, Santa Ana, Costa Mesa, Mission Viejo, Lake Forest, Oceanside, San Juan Capistrano. Their firm strives on being responsive and promptly delivery to meet clients' expectations. Page 4 25F-143 PEN60EM0 ///��pp�� uns.—niwm— City of Santa Ana Engineering, Technical and Adminl5traLive Support Services RFP No.: 16-047 CWE CORP / STORM WATER COORDINATION AND PLAN CHECK WQMP CWE creates, delivers, and supports services that resolve civil engineering, stormwater management, water resources, and environmental issues. They offer services for complete project delivery, including initial planning and assessment, design, permitting, construction management, and operation and maintenance. DAVID VOLT DESIGN LANDSCAPE ARCHITECTS, INC. (DVD) / LANDSCAPE & IRRIGATION SYSTEM DESIGN DVD has provided professional landscape and irrigation system design services for public agencies and has successfully managed, designed and completed hundreds of task orders throughout southern California. They have delivered public landscapes that are sustainable and beautiful. Their creative landscape architects have designed beautiful public greenspaces for hundreds of public agencies in Southern California. DVD's focus is providing landscape architectural services directed towards the betterment of public improvement projects. DVD will deliver quality projects on schedules that meet the goals and objectives for the City of Santa Ana. PROVIDING TASKS AS -NEEDED The PENCO Team will provide the following disciplines required for this as -needed staffing contract, and has the relevant experience with key elements listed in the Scope of Work shown on Table 3 below. Table 3 25F-144 Page 5 PEN�O_Te�nnProviaihg ,. Project Elementsfi 5 Key PfypD Ittl�s Clyt °Cad' "f�VbS Engineering design for street rehabilitation and street widening projects lana ands eelfications L[ndtt'St1n nt UtytLtslgp,'al.d-r@V ew 4F<�tater{ S�yrcandStoftn-Drain - ` s = 777 fall!; eiAfica4ons w i'; • f � , ' � ' t dritl s , ?• 1= v T' ., � ; ..:: J . a j _ r r t Electrical and Mechanical nsnsulln fs. W; Gde§7ghff fadsitn ebiflcstons3otWet®Einlfastrubtuta. .s ► `.._ •-,..<77777 Civil Plan Check /&f�Wtl�Q�JMP :w1,44T w S41 ..,': ..: .: a ..:.�: ..._.. .. .:.r. � .. ... '?'. ♦ i - '+: Land sce In & Irrlation 5 atom Desi n 7rafflcSi n inesl7777 77'_. .,;. Spt[rd IInpg^n ccR,,o.,.,ad (• 7 77 Contract Management trol$ctlo�patLvhtsvaTs?ghS :: + N ;-: .:..:..: ... Administrative Support Services Table 3 25F-144 Page 5 City, of Santa Ana Engineering, Technical and Administrative Support Services RFP No.: 18-047 ORGANIZATION CHART :SURVEYOR/GIS ANALYST '.. PROACTMANAGER ASSISTANT III -.CIVIL ., J;Brel6yrPL$� Gary Solsona, PE,:QSD, Jordyn Doyle; EIT Julian Flhoades, EIT . SURVEYOR/MAP CHECKER .' PLAN CHECK ENGINEER . Nhut Phem, EIT ..'.:.John. Koepke;:PLS., : GRADING, STREET. .. ... ., IMPROVEMENTS& UTILITIES ENGINEERmGAIDE/CADD - Biijan Yezdanl, PE. .. ` DESIGNER _ Fes. fiael Gutierrez • , SENIOR. CIVIL ENGINEER Hubs A.Buii,.PE; QSD t. PRQJECT ENGINEER, Sterling Mosley, EIT . ASSISTANT ENGINEER 11- ELECTRICAL Nestor Ignacio, Jr., PE.(IMEG) ASSISTANT ENGINEER 11 - MECHANICAL Eric DeSplinter, PE, PPE (IMEG) ASSISTANT ENGINEER I- ELECTRICAL Pat Patel, PE, LEEOAP (IMEG) ASSISTANT ENGINEER I -MECHANICAL Joshua Massey, LEFD AP, SD+C, CxA(IMEG) TRAFFIC ENGINEER )Cay Hsu,+PE, TE(K2) PRNCOENG.S.�B8II Op fm ... PRINGIEAL I� CFJARGE 0[ti i GWr9eA Jurlda pl Eva Lagunas ACCOUNTING ASSISTANT ..Gigs Hultron ADMINISTRATIVE ASSISTANT / PERMIT PARKING. ASSISTANT_ Veronica Torres - CONTRACT ADMINISTRATOR Kandls Celeya:.. ASSISTANT ENGINEER11TRAFFIC Fiona Lei (K2) . STORM WATER COORDINATOR Mich elle Galvez (CWE). WQMP PLAN CHECK ENGINEER Katie Harrel, PE; ENV SP, QSD (CWE) LANDSCAPE & IRRIGATION SYSTEM DESIGN .. Da l Votz, LA (DVD) GaryVasquez, IA(DVD) Page 6 25F-145 i �►ENOO5Y� City of Santa Ana Engineering, Technical and Adminisvative Support Services RFP No.: 18-047 TEAM QUALIFICATIONS Table 4 below illustrates our key personnel's qualifications, years of experience, and percent of availability. Resumes of the PENCO Team are provided as an Attachment. PENCO Team MemberlRots WeGrications Yearsof %of Commitment, Exp Gary Solsona, PE, OSD BS, Civil Engineering Senior Staff Manager/Project Manager Professional Civil Engineer, CA #68420 16 50% Qualified SWPPP Developer / Practitioner #234666 George Jurica, PE MBA, Construction Management I BS, Engineering Principal -in -Charge, OA/OC Professional Civil Engineer#265641 LEEDAP q3 10°% Hubert Bui, PE, OSDIOSP BS, Civil Engineering I Professional Civil Engineer CA#8D400 Senior Civil Engineer OSD/DSP #24473 18 100% Sterling Mosley, EIT BS, Civil Engineering Project Engineer EIT #145412 6 100% Jordyn Doyle, EIT BS and MS, Civil Engineering Assistant II - Civil 2 100% Julian Rhoades, BIT BS, Civil Engineering Assistant 11 -Civil - - - EIT CA#.157197 - _ _ 2 _ - _ 100% Nestor Ignacio, Jr., PE BS, Electrical Engineering I Assistant Engineer II - Electrical (IMEG) Professional Electrical Engineer CA#E16934 27 45°/u Pal Patel, PE, LEEDAP BS, Electrical Engineering Assistant Engineer I- Elechical(IMEG) Professional Electrical Engineer CA#E16245/LEEDAccredited 3q 55% Eric DeSplinter, PE, FIDE BS, Mechanical Engineering Assistant Engineer ll- Mechanical(IMEG) Professional Mechanical EngineerCA#M38688 7 55°k Joshua Massey, LEEDAP, BO+C, CxA University of California Extension, Riverside, CA Assistant Engineer l- Mechanical(INiEG) AutoCAD Certificate ILEEDARBD+C,GBCI{25107) 18 55% CerdedCommission Authority 1216.1488 ACG Rafael Gutierrez Associates Degree, Computer Drafting and Design ITT Engineering Aide/CADD - Designer 16 100% J Braley, PLS Land Survey Courses I GPS Course/ GIS Course Land Surveor/GISAnaI t PLS,CA#8446 q4 100% John Koepke, PLS JD Lawl PLS, CA#7841 Surveyor/Map Checker CFedSCA#1104 37 100% Michelle Galvez BS, Chemistry Storm Water Coordinator(CWE) 9 50% Bijan Yazdani, PE BS, Civil Engineering, West Virginia University, 1983 Plan Check Engineer Grading Street Improvements & Professional Civil Engineer, CA#68211 35 75016 Utilities Katie Hartel, PE, ENV SP, OSD MS, Civil Engineering / BS, Civil Engineering I Civil Engineer, CA, Plan Check Engineering WOMP (CWE) 857521 Envision^' Sustainability Professional Credential 6 30%. - Quaffed SWPPP Devebper; C85752 - Kay Hsu, PE, TE Masters Degree in Transportation Engineering Traffic Engineer (K2 Traffic) Traffic Engineer, CA #T2285 / Professional Engineer, CAOCE63558 p0 50% Fiona Lei (K2 Traffic) Assistant Engineer 1 -Traffic MS, Civil Engineering I BS, Civil Engineering 1 100% David Vola, LA, LEEDAR. QSD/P BS, Landscape Architecture / Computer -Applications for Landscape Landscape Architecture (DVD) Architecture /LACA#2375 36 20% Gary Vasquez, LA MLA; Landscape Architecture, 19891 BS_, Om amental Horticulture Landscape Architeclure(DVD), - LACA#3883 - - 33 40% Eva Lagunas SeniorAccounting Assistant BS, Accounting 20 100% Gi ittronAssistant P,ao'unlin BS, Accounting _ 35 100% Veronica Torres Administrative Assistant IPermit Parking Assistant AA Argosy Un'Nersity,SantaAna,CA 17 100°% KeedisCelaya' - _ -Training: Prevaf1ingWage, AIA ContradDoamenls,Undersfanding'and ConlractAdministrator Analyzing Finanaal Statements I Real Estate School, ORE #01996699 11 100°h Ta61s 4 Page 7 25F-146 City of Santa Ana Engineenng, Technical and Adminlstrative Support Services RFP No.: 18-047 RELEVANT PROJECT EXPERIENCE AND REFERENCES Our PENCO Team has direct experience working on similar projects with public agencies. Table 5 below lists PENCO'S featured relevant projects within the last five years along with key elements from the scope of work provided in the RFP, a reference for each project and dates of service. We have also listed a few of our subconsultant relevant projects. Page B 25F-147 Scope of Services a ryN. Relevant Projects OI a tr7 .d'n xppr E - 6 N W ,W.. o � J � O. $. 6.0 p w C o s U C D, W .t�p0 M.9 O h O fY u) Gp U Q. 1 V' Q S M City:.of Santa:Ana On-CaILRIan Check,Se.Cvices, Santa Ana; CA a PENCO is currently performing numerous broad based plan checking duties for the City of Santa Ana. Typical Plan Check services include grading, soils report reviews, sewer, water, storm drain, hydrology reports, SWPPP's, street Improvement plans, signing and striping plans, street lighting, parcel/tract maps, condominium plans, easements, and lot line adjustments. Reference: City of Santa Ana, Talg Higgins, PE, Senior Engineer, nrizk@santa-ana.org, 714-647-5036 Dates of Service: 2015 - In Progress Staff Au mentation for the Cltyi of Santa Ana; CR . PENCO provided two staff members for Construction Administration and Accounting Assistant Assignments to the City of Santa Ana. Construction Administration and Accounting Assistant tasks include: knowledge of State and Federal Grant reimbursement, knowledge of Santa Ana financial system and program, and worked with OCTA and Caltrans staff relating to grant reimbursement. Reference: Annondo Fernandez, afemandez@ci.santa-ana.ca.us, (714) 647-3321 Dates of Services: 2015 - 2018 Cityof EI MonteAs Needed Plan 'Check Services,'El Monte,. CA. Is I PENCO Is currently performing broad based plan checking duties for the City of EI Monte. Plan Check services include grading, soils report reviews, sewer, water, storm drain, hydrology reports, SWPPP's, street improvement plans, signing and striping plans, street lighting, parcel/tract maps, condominium plans, easements, and lot line adjustments. Reference: Alan Palermo, Consultant Project Manager, City of EI Monte, (310) 717-3244, apalermo@elmonteca.gov Dates of Service: 2016 - In Progress Ort -Call $Uev In , Civil Design; Engineering, and Planning Services, RanchA. Palos Verdes CA - PENCO is contracted with the City of Rancho Palos Verdes to provide services including, but not limited to, Public Works and Infrastructure Engineering — Street rehabilitation, street design, ADA ramp compliance, water network analysis, levee design, storm drain system design, open channel design, sewer trunk line design, pump stations, detention/retention basins, drainage, hydraulic modeling, water transmission main design, traffic signal design, plan checking, right-of-way engineering, highwaylarterial road design, value engineering, parking studies and design, permitting, and staff augmentation. Reference: Natalie Chan, Senior Engineer, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275, (310) 377-0360, nataliec@rpvca.gov, 30940 Dates of Service: In Progress 2018 Page B 25F-147 City of Santa Ana Engineering, Technical and Administrative support services RFP No.: 18-047 Page 9 25F-148 Scope of Services E � Relevant Projects cd 'E d o '1. c LU S° o 03 to 0v.� 'w m r3 m �'o! to a a"-.10 Jambgfee /,Ma]n Intersection Improvement Project, 1-405 N6 On -Ramps to KeWin OP 311205, Irvine; CA PENCO is providing engineering and surveying services to improve the intersection of Jamboree Road and Main Street to mitigate the future deficient level of service by adding a fifth northbound and a fifth southbound lane on Jamboree Road between the 1-405 northbound on / off -ramps and Kelvin Avenue. Project includes professional engineering services for the preparation of construction contract documents, including, but not limited to, street Improvement plan and profile, ADA sidewalk and curb ramp design, storm drain and flood control channel modifications, right-of-way engineering, retaining wall plan / profile, earthwork grading plans, landscape planting/irrigation plans, construction details, traffic signal modification, striping/signing plans, traffic stage construction plans, wet and dry utility coordination/mapping, IRWD water facility design, environmental compliance and water quality documentation, specifications and construction cost estimates. Reference: Mr. Steve Sherwood PE, Assistant City Engineer, City of Irvine, One Civic Center Plaza, Irvine, CA 92623, (949) 724.7327, ssherwood@cityofirvine.org Dates of Service: 2016 - Current Anaheim Modje'ska Park Underground Storm Water Detention and Infiltrations stem, Cif of Ahaheim PENCO is providing civil engineering and surveying services for the installation of an underground, pre - manufactured Infiltration/detentlon system, installation of a minimum of two (2) laterals to divert dry weather flow and storm water Into and out of the Infiltratlon/detentlon system, removal and replacement of Modjeska Park's existing asphalt concrete (AC) parking lot pavement with pervious pavement, and installation of a stormwater diversion structure to divert flows from an existing 48 -Inch reinforced concrete storm. drain pipe beneath Nutwood Street that drains the 224 -acre contributing watershed. Reference: Khanh Chu, PE, Principal Civil Engineer, City of Anaheim, 200 South Anaheim Boulevard, #276, kchu@anaheim.net, (714) 765-5259, (714) 765-5225 Fax Dates of Service: Janua 2018 - onjoinci Crisis Residential Treatment Facility, Coun of San Bernardino ]MEG provided engineering services for the design and construction of Crisis Stabilization Units for the County of San Bernardino. Each unique project included participation in the Savings -by -Design program to ensure each facility has energy-efficient Infrastructure systems. Reference: Domey Camberline, (909) 838-9128 (IMEG) Dates of Completion: 2018 County of Orange John Wayne Airport, Storm Water Program Implementation Assistance CWE CWE prepared and reviewed SWPPPs and WQMPs for airport construction projects. CWE also conducted regular industrial/commercial facility inspections of airport and tenant -managed facilities to document the Implementation and maintenance of BMPs Identified in the JWA facility SWPPP and to ensure compliance with the Industrial General Permit (IGP) and CGP. CWE performed onsite construction and post -construction BMP inspections for large-scale projects such as the new Terminal C, Central Utility Plant, Parking Lot C, Parking Structure C, South Remain -Over -Night Ramp, Airside Dock Access and North Trash Compactor, General Aviation Shade Structures, Deconstruction of Parking Structure B1, and four other projects. CWE was also responsible for the response and investigation of non-storwmater discharges (IC/ID). Reference: Maria Pope, Airport Environmental Engineer, (949) 252-5269 Dates of Service: 2013 Page 9 25F-148 City or Santa Ana Engineering, Technical and Administrative Support Services REP No.: 18.047 PENCOENG r�was.,smm--f�-1 EWA TWO 5 SCOPE OF SERVICES & SCHEDULE PENCO's Scope of Services has been addressed within the understanding of need on page 2 of this proposal. A detailed schedule is not applicable at this time and can be provided upon selection. Page 10 25F-149 Scope of Services Relevant Projects MM a Zi ;,..' o c 5. ' ro in € � . m Cdr o. Com V.W.' ElL+-�. a'rn 2�. m'•�'`o City of Moreno Valley NPDES Consulting and WQMP Plan Check Services CWE CWE is providing on-call stormwater management services to ensure compliance with the Riverside County Municipal NPDES Stormwater Permit, Construction General Permit, and bacteria and nutrient Total Maximum Daily Loads for the Santa Ana River Watershed. Performed over 100 plan check reviews of Preliminary and Final WQMPs associated with new development and significant redevelopment projects, program management, regulatory support, public education, preparation of stormwater guidance materials, stormwater compliance Inspections, municipal staff training, and review and recommendation of modifications to the City's standard plans, details, codes, and ordinances to ensure compliance. Reference: Hoang Nguyen, Associate Engineer, (951) 413-3216 Dates of Service: 2011 - On -Goin Beach Boulevard Medians City of Stanton DVD Beach Boulevard is a main thoroughfare in Stanton running for three miles, the entire length of the city. The design team coordinated with Caltrans and city departments for the median landscape improvements, creating a bold statement. Reference: Jim Box, City Manager, (714) 379-9222 x277, JBox@ci.stanton.ca.us Dates of Service: 2016 Harbor Boulevard Bike Trail City of Costa Mesa DVD A main commercial thoroughfare just off the 405 freeway and gateway into the city, street Improvements were designed to enhance the overall experience of the street whether by driving in a car or walking through the commercial district on the sidewalk. Reference: Baltazar Mejia, Senior Engineer, (714) 754-5291, baltezar.mejia@costamesace.gov Dates of Service: 2016 TWO 5 SCOPE OF SERVICES & SCHEDULE PENCO's Scope of Services has been addressed within the understanding of need on page 2 of this proposal. A detailed schedule is not applicable at this time and can be provided upon selection. Page 10 25F-149 APPENDIX 1 RESUMES" r CERTIFICATIONS Attachment 3-1 Non -Conclusion Affidavit Attachment 3-2 Non -Lobbying Certification • Attachment3-3 Don -Discrimination Certification Ban ve ccorwa -0 9h.. Gary Solsona, PE, QSD Senior Staff Manager/Project Manager City of Santa Ana Engineering, Technical and Administrative Support Services RFP No.: 18-047 Education: BS, Civil Engineering, California State Polytechnic University, Pomona, 2001 Licenses & Certifications: Professional Civil Engineer, CA #68420 Qualified SWPPP Developer / Practitioner #234666 Years Firm/Exp.: 1/16 Gary has 16 years of civil engineering experience in public works design, consisting of award-winning roadway widening, street rehabilitation and intersection improvements; sound wall and retaining wall design, preparation of traffic control plans and project study reports, and Is recognized In the Industry as an ADA design specialist. His proactive approach is carried out seamlessly through project management, engineering design development, and construction support services to public agencies throughout Southern California and he has a proven track record in providing innovative, cost-saving, and sustainable solutions (such as alternative pavement rehabilitation methods, including full depth reclamation and cold-in-place- recyciing) on numerous street Improvement projects for major arterials and residential streets. RELEVANT EXPERIENCE Gary served as Project Manager and/or Project Engineer for the following relevant projects: • City of Santa Ana On -Call Plan Check Services • Anaheim Modjeska Park Underground Storm Water Detention and Infiltration System, City of Anaheim • Sunset Strip Beautification, West Hollywood, CA* • Valencia Drive Street Reconstruction, Fullerton, CA* • Berkeley Avenue Street Reconstruction, Fullerton, CA • • Town Center Infrastructure Improvements, Phases 1 & 2, Yorba Linda, CA • ADA Ramp Improvements, Phases 9 & 10, Lake Forest, CA* • Nutwood Avenue & Chapman Avenue Street Rehabilitation, Fullerton, CA* • 8th Street Improvements, Hermosa Beach, CA* • Bastanchury Road Rehabilitation, Yorba Linda, CA* • Commonwealth Avenue Street and Sewer Improvements, Fullerton, CA* • Work performed prior to PENCO Page R1 25F-152 City of Santa Ana Engineering, Technical and Administrative Support Services RFP No.: 16.047 George Jurica, PE Principal -in -Charge / QA/QC Education: MBA, Construction Management, University of Denver, CO, 1983 BS, Engineering, University of California, Los Angeles, 1972 Licenses & Certifications: PE, Civil Engineer, CA No. 26564; LEER AP Years Firm/Exp.: 30/43 . PENCOM V du,lmuh `NGeW As the Principal of PENCO, George's expertise includes planning, design, and construction of major public works Infrastructure and facility projects. George has worked with numerous public works agencies throughout Southern California, Including the Counties of Orange and Los Angeles. He also has provided QA/QC oversight for numerous public works design contracts including major roadway Improvements, paving, drainage, and stormwater management projects. RELEVANT EXPERIENCE • Jamboree / Main Intersection Improvement Project, 1-405 NS On -Ramps to Kelvin, Irvine, CA • Cerritos Avenue Sidewalk Gap Closure, Anaheim, CA • Farragut Avenue Improvements Project, Moreno Valley, CA • 2014 Roadway Rehabilitation Program, Port of Long Beach • LINK US, Union Station, Los Angeles, CA • LAUSD On -Call Civil and Survey, Los Angeles, CA • Orange County Public Works On -Call Engineering and Surveying Bijan Yazdani, PE Plan Check Engineer (Grading, Street Improvements & Utilities) Education: BS, Civil Engineering, West Virginia University, 1983 Licenses & Certifications: Professional Civil Engineer, CA #68211 Years vdth firm/Exp.; 1/35 Bijan has over 35 years of experience as a Senior Civil Engineer providing QA/QC and general plan check services for capital improvement projects and land development to ensure adherence to the Departments of Public Works/Engineering standards and design policies, conditions of approval for all development projects. Projects include roadway design, drainage design, right-of-way, grading plans, storm drain plans, street improvement plans, signing and striping plans, and water and sewer plans as well as checking of tract and parcel maps, lot line adjustments and easement documents. RELEVANT EXPERIENCE • City of Santa Ana On -Call Plan Check Services • City of Menifee, On Call Professional Services, Menifee, CA • City of Chino Plan Check Services • City of EI Monte Plan Check Services • City of Diamond Bar Plan Check Services Page R2 25F-153 Gm FFNCCENG City of Santa Ana "t°3V1O0 Engineering, Technical and Administrative Support Services RFP No.: 18-047 Hubert Bui, PE, QSD/QSP Senior Civil Engineer Hubert has over 18 years of experience as a registered professional engineering managing and designing a wide range of public works projects consisting of rehabilitation/replacement of aging or deficient pipelines, hydraulic system modeling and design storm drain and sanitary sewer projects, and preparation of project study reports along with grading, drainage, street improvements, ADA design. He has provided project management, planning, engineering design development and construction support services to public agencies throughout southern California and has a proven track record in providing money-saving solutions for rehabilitation or replacement of existing storm drain and sewer systems. Education: BS Civil Engineering Licenses & Certifications: Professional Civil Engineer CA #80400 QSD/QSP #24473 Years Finn/Exp.: 1/18 RELEVANT EXPERIENCE • California State Northridge Sewer Improvement Plans, Northridge, CA* • "Tracks at Brea", Brea, CA* ' Work performed pdorto PENCO Sterling Mosley, EIT Project Engineer Education: BS, Civil Engineering, California State Polytechnic University, Pomona, 2011 Licenses & Certifications: EIT Certif cation CA No. 145412 Years Firm/Exp.: 2/7 Sterling has a proven record of skillfully managing high-profile projects with completion under budget and within the allotted schedule. As an assistant engineer at the City of Diamond Bar Public Works Department, he saved over $100,000 in public funds and reduced City liability through strategical planning and thorough field analysis and he coordinated construction to minimize impact to public. He manages land development and Capital Improvement projects to adhere to local standards and guidelines while providing inter- department technical guidance for various projects such as the handling of earthwork, slope analysis, retaining wall designs, and general grading requirements. RELEVANT EXPERIENCE • City of Santa Ana On -Call Plan Check Services • City of Chino Plan Check Services • City of Diamond Bar Plan Check Services • Jamboree / Main Intersection Improvement Project, 1-405 NB On -Ramps to Kelvin, Irvine, CA • City of Garden Grove Stormwater Pollution Prevention Plan (SWPPP) • Cerritos Avenue Sidewalk Gap Closure, Anaheim, CA • 2013-2016 Public Works/Engineering Department Assistant Engineer, City of Diamond Bar, CA* ' WGrk performed prior to PENCO Page R3 25F-154 City of Santa Ana Engineering, Technical and Administrative Support Services RFP No.; 19047 Jordyn Doyle, EIT Assistant II - Civil Engineer Education: BS and MS, Civil Engineering, University of the Pacific, Stockton, CA, 2017 Licenses & Certifications: Engineer In Training, CA Years Firm/Exp.: 1/2 MCOENa V1V umau.ae•.w•., Jordyn has over two years of professional engineering experience, which includes one year of internship with the City of Modesto, Public Works Department, In civil engineering design of public works and private development improvement projects. She has successfully completed various projects including street Improvements, traffic signing and striping plans, and plan check reviews for public and private development Improvements. Jordyn is proficient In AutoCAD (5 years) and Civil 3D software, and GIS ArcMap. RELEVANT EXPERIENCE • City of Santa Ana On -Call Plan Check Services • City of Chino Plan Check Services • City of Diamond Bar Plan Check Services • Jamboree / Main Intersection Improvement Project, 1-405 NB On -Ramps to Kelvin, Irvine, CA Julian Rhoades, EIT Assistant II - Civil Engineer Education: BS, Engineering Licenses & Certifications: Engineer in Training, CA# 157197 Years Firm/Exp.: 2/2 Julian has prepared plans for public agencies Involving design of grading, street and underground utility improvements (sewer, water, storm drain). RELEVANT EXPERIENCE • Palm Desert Underground Master Plan, Palm Desert, CA Garden Grove Site C, Garden Grove, CA • Jamboree / Main Intersection Improvement Project, 1-405 NB On -Ramps to Kelvin, Irvine, CA • Anaheim Modjeska Park Underground Storm Water Detention and Infiltration System, City of Anaheim Page R4 25F-155 eeNcoFlrc qqqq® mnsm.,•mm.e Rafael Gutierrez Engineering Aide / CADD - Designer City of Santa Ana Engineering, Technical and Administrative Support services RFP No.: 16-047 Education: Associates Degree, Computer Drafting and Design ITT Technical Institute, Anaheim, CA, 2005 Coursework, Computer Engineering University of California Irvine, CA Software: Civil 3D MicroStation MlcroSoft Office Suite Years FirmlExp: 6/14 Rafael has extensive CAD experience that he has utilized for infrastructure projects for both public and private clients for over ten years. He has used his experience at PENCO to provide CAD management, IT support and design. His project experience includes public works, residential, commercial, and institutional. RELEVANT EXPERIENCE • Jamboree / Main Intersection Improvement Project, 1-405 NB On -Ramps to Kelvin, Irvine, CA • Engineering Design Services for Pavement Rehabilitation Projects, San Juan Capistrano, CA • Street Improvement Plans for Mill Creek Development, City of Chino, CA • Citywide Storm Drain Improvements; Stanton, CA • Various - Survey Staking Projects; CA • KB Homes, Audie Murphy Ranch; Menifee, CA Page R5 25F-156 City of Santa Ana Engineering, Technical and Administrative Support Services RFP No.: 18-047 J Braley, PLS Land Surveyor/ GIS Analyst Education: Land Survey Courses, Santa Ana College, CA; Land Surveying Fundamentals, CSU, Fresno, CA; GPS Class, Los Rios Community College, CA; GIS class, Sierra College, CA Licenses & Certifications: PLS, Land Surveyor, CA No. 8446 PONc?.m 4tlWxYWYs- Years firm/Exp.: 4/41 Mr. Braley has over 41 years of experience as a Land Surveyor in Southern and Northern California, Oregon, Washington, Nevada, and Virginia. J has provided survey services to public works agencies, Institutional agencies, and private land developers. He has a strong background in right-of-way mapping, boundary and title related issues as well as topographic surveys, horizontal and vertical control, and monument staking and construction staking. In this regard, he was the lead surveyor on several large projects in the Mojave Desert and In Southern and Northern California. These projects included mapping for over 100 sections and resolving the boundaries on over 1800 parcels within those sections. He also mapped and resolved boundaries for 30 miles of the Los Angeles Aqueduct, which had not been mapped since construction In the 1820's. RELEVANT EXPERIENCE • Jamboree / Main Intersection Improvement Project, 1-405 NB On -Ramps to Kelvin, Irvine, CA • Engineering Design Services for Pavement Rehabilitation Projects, San Juan Capistrano, CA • Farragut Avenue Improvements, Moreno Valley, CA • Grand Avenue Reconstruction, Glendora, CA, Field Survey Manager • Kregmont Reservoir Site Topographic Survey and Base Map, Glendora, CA • Gladstone Reservoir Site Topographic Survey and Base Map, Glendora, CA John Koepke, PLS, CFEDS Land Surveyor/Map Checker Education: JD Law, Thomas Jefferson School of Low, San Ulego, CA Licenses & Certifications: Professional Land Surveyor, CA No. 7841 CFedS CA No. 1104 Years Firm/Exp.: 4/35 John has 35 years extensive field and office experience In cadastral, boundary, right-of-way, control, topographic, and design surveys for subdivision, commercial, and heavy construction projects. He is responsible for directing office preparation of maps and exhibits of record, records of survey, parcel maps, final maps, lot line adjustments, easement plats, and legal descriptions. RELEVANT EXPERIENCE • Jamboree / Main Intersection Improvement Project, 1-405 NB On -Ramps to Kelvin, Irvine, CA • LI NK US / LA Metro Union Station, Los Angeles, CA • On -Call Surveying Services, City of Garden Grove, CA • Shoemaker Bridge Replacement, Long Beach, CA • Engineering Design Services for Pavement Rehabilitation Projects, San Juan Capistrano, CA Page R6 25F-157 Eva Lagunas Senior Accountant Education: BS, Accounting Years Firm/Exp: -1 /20 Eva has 20 of accounting background for architecture and engineering firms, providing the principals with ongoing and cognizant business operations and informative financial analysis on a per project basis. Eva compiles and prepares data for budgets, including history and potential long range commitment to ensure a profitable outcome. She provides technical and administrative services regarding contracts, proposals, work orders for clients and consultants. Gigi Huitron Accounting Assistant Education: 8S, Accounting Years Firm/Exp: 12/33 Gigi has over 33 years of accounting experience. She Is well versed in cash-flow projections, invoicing, audits, payroll and billing. Gigi is very familiar with all aspects of accounting within civil engineering. City of Santa Ana Engineering, Technical and Administrative Support Services RFP NO.: 18.047 Veronica Torres Administrative Assistant / Permit Parking Assistant Education: AA, Argosy University, Santa Ana, CA Years Firm/Exp: 18/4 Veronica has over 18 years of experience working as an Administrative Assistant for corporations. She is very talented running the front desk and has proven skills for organization. She is able to multi- task a heavy load of assignments and completes each task efficlently. RELEVANT EXPERIENCE • Telephone/voice mall systems • Calendar entries • Project logs • Database management • Microsoft Office • Front office management • Schedule meetings Kandis Celaya Contract Administrator Years Firm/Exp: 1/11 Kandis is responsible for overseeing planning and administration of PENCO's project contracts. She reviews contractual details to include price, date of delivery and warranted provisions. She coordinates insurance review, prepares documents and contracts for execution, oversees the execution process and delivery of executed contracts back to representative, logs records into the contract management system, and prepares and maintains project files. • City of Santa Ana On -Call Plan Check Services • City of Newport Beach On -Call Assessment Disctrict City of Chino Plan Check Services Page R7 25F-158 City of Santa Ana VENCOMG Engineering, Technical and Adminlstradve Support Services O..! RFP No.: 18-047 Nestor Ignacio, Jr., PE Assistant Engineer II - Electrical (IMEG) Education: B,S. Electrical Engineering, California State University, Long Beach, 1991 Licenses & Certifications: PE, Electrical, CA # E16934 Years Finn/Exp: 17/27 Nestor has over 27 years of electrical engineering experience for municipal, retail, healthcare, light industrial, educational, military, commercial, and government facilities. His responsibilities include construction cost estimating, specification writing, construction administration, bidding and negotiation, and all aspects of electrical engineering and design. He has been responsible for the design of a number of projects including police/fire facilities, hospitals, schools, banks, hotels, and industrial facilities. Nestor has designed lighting, power, fire alarm, security, radio, Intrusion alarm, paging, AV, communication, voice and data distribution systems including fiber optic backbones and Category 6 copper to workstations. RELEVANT EXPERIENCE • Mead Valley Library, County of Riverside EDA • Yucaipa Police Station, Yucaipa, CA • Civic Center and Police Department HVAC and Controls Upgrade, Rancho Cucamonga, CA • Civic Center Electrical Service Replacement, Standby Generator Upgrade and Electrical Evaluation, City of Rancho Cucamonga, CA Pat Patel, PE Assistant Engineer I - Electrical (IMEG) Education: BS Electrical Engineering Licenses & Certifications: PE, Electrical, CA #E16245 Years Firm/Exp: 34/30 Pat has over 34 years experience in designing and managing electrical system design including lighting, power, fire alarm and telecommunication systems for various projects. He has designed electrical, fire alarm and telecommunication systems for municipal, healthcare, aviation, commercial, industrial, educational, residential and military facilities. Pat is responsible for the project management, coordination, design, development, written specifications, cost estimates, construction observation, and equipment selection for electrical engineering projects. RELEVANT EXPERIENCE • City of Carlsbad, New 1 st Responder Police, Fire and Training Facility City of Riverside, 11,000-sf Emergency Operations Center Including Administration, Classroom and Burning Buildings • County of San Bernardino. Infrastructure Assessments, Multiple County Facilities Page R8 25F-159 PENC ftGm.0 �."'�""I me..m,..aw Eric DeSplinter, PE, FPE Assistant Engineer II - Mechanical (IMEG) Education: HIS, Mechanical Engineering Licenses & Certifications: PE, Mechanical, CA #M38688 Years Firm/Exp; 7/7 City of Santa Ana Engineering, Technical and AdminlstratNe Support Services RFP No.: 18-047 Eric has worked in the industry for seven years and is a registered professional engineer. His experience spans a wide variety of designs for mechanical systems, including heating, ventilating and air conditioning, plumbing, and piping. Eric regularly manages multi-million dollar projects, and specializes in the healthcare, higher education / government, and hospitality sectors. Prior to joining IMEG, Eric served as a Specialist in the Army National Guard. His military service background complements his natural teamwork and leadership abilities, and helps Eric effectively plan projects and deliver winning solutions to his clients. RELEVANT EXPERIENCE • City of Palm Springs, Fire Station #4 Remodel & Addition • County of San Bernardino, Arrowhead Regional Medical Center Jashua Massey, LEER AP Assistant Engineer I - Mechanical (IMEG) Education: University of California Extension Riverside, CA Certificate in AutoCAD Licenses & Certifications: LEER AP, BD+C, GBCI )25107) Certified Commissioning Authority (1216-1488), ACG Years Firm/Exp: 1815 Josh has more than 18 years of experience in mechanical/energy engineering. He has been responsible for the design and management of several projects within the municipal sector including libraries, police stations, fire facilities and community centers. His tasks include designing working drawings, writing speclficatlons, bid assistance, and construction management. His project experience includes LEEDI Commissioning, building automation systems, energy analysis and audits, central plant engineering and design, Title -24 compliance, regulatory agency approvals, and project cost estimates. Josh is also experienced in facilitating LEED certification for mechanical systems and overall envelope certification. RELEVANT EXPERIENCE • City of Ontario, Police Department Headquarter Tenant Improvement and City Hall Facility Plumbing Infrastructure Upgrades • City of Yucaipa, 22,500-sf New Police Station and 116,600-sf New Library Facility, Including Design for New Rooftop Cooling Unit • County of Riverside EDA, Smith Detention Center Laundry Expansion, Commissioning Services • County of Riverside EDA, 24,000-sf New Mead Valley Library Page R9 25F-160 City of Santa Ana PONCOENO Engineering, Technical and Administrative Support Services 4, RFP No.; 18047 Kay Hsu, PE, TE Assistant Engineer II Traffic Services (K2) Education: MS, Transportotion Engineering from N.C. State University Licenses & Certifications: State of California Traffic Engineer #T2285 State of California Professional Engineer #CE63558 Years Exp: 20+ Mr. Hsu is a licensed Traffic Engineer and Professional Engineer (Civil) with over twenty years bf experiences In traffic operations and transportation planning. Mr. Hsu founded K2 Traffic Engineering in 2006 with a goal to devote his expertise in traffic engineering and consultation. RELEVANT EXPERIENCE • On -Call Services (LA County Public Works) • Plan Check for Public Works Department of Irwindale. Review traffic engineering plans Including traffic signal, signing and striping, traffic control plans, etc. • Street Improvement: Soto Street (LADOT) • Highway Widening: SR -74 (Caltrans/RCTC) FIONA LEI Assistant Engineer 1 Traffic Services (K2) Education: MS, Civil Engineering with a concentration in Transportation, University of California, Irvine (UCI) BS, Civil Engineering, Ealing Jlaotong University IBM), Ms. Lei is an entry level engineer with a strong academic background in transportation. She recently graduated from UC Irvine with a master's degree In Civil Engineering with a concentration In Transportation, She proceeded with her professional career and began applying her broad knowledge and quick learning skills to contribute In design, analysis, drafting, and many other aspects of traffic engineering. RELEVANT EXPERIENCE • Assist in parking analysis, traffic control, signing and striping, signal design, traffic simulation, ITS, traffic safety, traffic calming, traffic Impact studies, and drafting. Page R10 25F-161 PCNCCFNG waa,.sw•®,� Michelle Galvez Storm Water Coordination (CWE) Education: BS, Chemistry, University of California, Irvine Licenses & Certifications: City of Santa Ana Engineering, Technical and Administrative Support Services RFP No.: 18.047 Years Exp: 9 Michelle Galvez has nine years of experience in stormwater and watershed management, water quality monitoring, and industrial waste. Her relevant experience consist of implementing NPDES municipal permit provisions for municipal clients in Orange, Los Angeles, and San Bernardino Counties. Michelle has assisted in developing several program elements, as required by the M34 NPDES Permit, and has represented clients in interactions with regulatory agencies. Additionally, she has conducted over 2,000 inspections for commercial, Industrial and construction sites for stormwater compliance. RELEVANT EXPERIENCE • City of Visalia Development of Cltywlde Stormwater Management Plan City of Stanton MS4 Municipal Inspections of Industrial and Commercial Facilities Program San Bernardino County Mojave River Watershed Group Receiving Water Monitoring Program Implementation Katie Harrel, PE, ENV SP, QSD Plan Check Engineer WQMP (CWE) Education: MS, Civil Engineering, California State University, Long Beach BS, Civil Engineering, California State University, Long Beach Licenses & Certifications: PE, Civil, CA, 85752 Envisionw Sustainability Professional Credential Qualified SWPPP Developer, C85752 Years FFxp: 6 Katie Harrel is a talented engineer with over six years of professional experience. She has prepared and performed numerous plan check reviews of WQMPs, LID Pians, SWPPPs, WPCPs, and grading and erosion control plans for stormwater compliance on private development, and street improvement projects. She has also prepared pollution prevention assessments and reports, performed hydrologic and hydraulic studies, modeled hydrologic and hydraulic conditions, and developed watershed management programs for several California municipalities. RELEVANT EXPERIENCE • City of Tustin WQMP Plan Check Services • City of Moreno Valley NPDES Consulting and WQMP Plan Check Services • City of Huntington Beach Brookhurst and Adams Street WQMP • City of Garden Grove Four Arterial Street Rehabilitation Project WQMP Page R11 25F-162 City of Santa Ana PBN0a6Vc •a^ Engineering, Technical and Administrative Support Services RFP No.: 18047 David Volz Landscape Architecture (DVD) Education: BS, Landscape Architecture, California Poly Pomona, 1481 Licenses & Certifications: Landscape Architect, CA No. 2375 LEED Certified, 2008 OSD/P, 2011 Years Firm/Exp: 21/38 David Volz has over 30 years of experience in the design of successful public landscapes, streetscapes and parks. He has managed public design projects including the master planning, design, and construction of municipal projects for more than 100 public agencies in California. Mr. Volz has abroad base of experience focused in the development process from inception through master plan development, construction document preparation, contract administration, and on-site inspection. His extensive knowledge of landscaping materials and vegetation is often called for at commission meetings and in council reports for agencies he has served. He has comprehensive experience in storm water treatments, habitat restoration, walking trails and water conservation. He has an excellent reputation for facilitating community outreach programs for park design through the public input process. RELEVANT EXPERIENCE • Santiago Park Gas House, City of Santa Ana • Washington Blvd & 1-5 On Ramp, City of Commerce • Balboa Boulevard Landscape Enhancements, City of Newport Beach Gary Vasquez Landscape Architecture (DVD) Education: MLA, Landscape Architecture, California State Polytechnic University, Pomona BS, Ornamental Horticulture, California State Polytechnic University, San Luis Obispo Licenses & Certifications: Landscape Architect, CA No. 3883 Years Firm/Exp: 21/33 Gary Vasquez provides senior design leadership as a result of 20 years of experience designing multi- faceted projects throughout California. His design abilities have proven to be not only innovative and unique, but award-winning. He will work under the direction of David Volz providing creative design solutions to the challenges and opportunities that arise. Mr. Vasquez has provided high quality project management on many of our firms' most successful and highly acclaimed park projects. Mr. Vasquez Is a key figure In our community outreach program. He successfully integrates the Ideas generated through the public input process to create the master plan. This dedication to ensuring the community's Input has led to extremely successful projects. He has extensive experience in the development process from inception through master plan development, construction document preparation, contract administration, and on-site inspection. He ensures adherence to established project budgets, schedules and cost agreements. His expertise in concept development graphic Illustration techniques and project planning. His broad knowledge of construction detailing, planting design and irrigation equipment anchor his approach to high quality project delivery. RELEVANT EXPERIENCE • Santiago Park Gas House, City of Santa Ana • Washington Blvd & 1-5 On Ramp, City of Commerce • Harbor Boulevard Improvements, City of Costa Mesa Page R12 25F-163 1��y.,�.`.yw•.r.=\� 2'yWT eda- T".S C 6Y 11` .�♦\�yyy va. Appendix ATTACHMENT 3.1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NONCOLLUSION APEI DAY IT (Title 23 United States Code Section 112 grid Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 tine BIDDER declares that the bid Is not made in the Interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER bas not directly or indirectly induced or solicited any other BIDDER to put In a false or sham bid, and hasnot directly or indirectly collided, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix.tho bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER; or:to secure any advantage against the public body awarding the contract.of anyone interested in the proposed contract; Ihat all statements containedIn the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged Information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of Fite Proposal. SiQtipg this Proposal on the signature thereof shall also constitute signature of this Nan -collusion Affidavit. BIDDERS are captioned that making a false certification may subject tile cri�prosecution. Signed Gary'Solsoun, PE, QSD / State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 22, day of �� 20� by proved to me on the basis of satisfactory evidence to be the person(* who appeared before me. /00 40tablic Signature Notary Public Seal City of Santa Ana RFP 1$-U47 -- Page A3-1 25F-166 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best othis or her knowledge and belief, that: i. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting.to influence an officer or employee of any federal agency, a Member of Congress, nn officer Or employee of Congress, or an employee of Member of Congress in connection with the awarding of any federal contract, file snaking of any federal grant, the making ofany federal loan, the entering inlQ of any cooperative agreement, and the exlension, conUntiation, renewal, amehdment, or modification Of 811Y federal contract, grant, loan, or cooperative agreement. 2, If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation -of fact upon which reliance was placed when this transaction was made or entered tufo. Submission Of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code, Any person who fills to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that lie or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed S 100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Mame: Date ;lune 25 2018 Rage 25F-167 ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during .the performance follows: of this contract, certifies as 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants areemployed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin, Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; anti selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, .available to employees and applicants for employment, nnotices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin, 3. The:Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising tine said labor onion or workers' representatives of the Consultant's commitments under this employment. and shall post copies of the notice section, emin conspicuous places available to employees and applicants for 4. Tile Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rales, regulations, and orders. 6. In the event of the said utnt's non-com said or with any of the pliance with the nondiscrimination clauses of this contract rules, regulations, :or orders, the contract may be canceled, terminated, or suspended in whole or in pant and the Consultant maybe declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or .by rule, regulations, or order of the Secretary of Labor, oras otherwise provided by low. 7. The .Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions ofparagraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontr let City of Santa Ana RFP 16-o41 Page A" 25F-168 or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as .a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States, 8, Pursuant to California Labor Code Section 1735, as amended, added by Chapter 643 Stats. 1939, and as No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such parsons, except as provided In Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed, Title: 'ublic Works Manager Firm: PENCO Engineering Inc Bate: —.June 25, 2018 Page 25F-169 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTWNT OF PUBLIC WORKS In accordance with Tide 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organindon, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER bas not directly or indirectly induced or solicited any other BIDDER to put in a Use or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refiain fi-om bidding; that the BIDDER has not in any manner, directly or indirectly, sought by ageemert, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed eonasct; that all statements contained in the bid are true; and, flusher, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof; or the contents thereof, or divulged information or data relative thereto, orpaid, and will not pay, any fee to any cotporation, partnership, company association, organization, bifid depository, or to any member or agent thereof to effectuate a collusive or shambfd. Note: The above Non -collusion Affidavit is part of the Proposal. Sighting this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit BIDDERS are cautioned that making a fagsoocertification may subject the certifier to criminal prosecution Signed State of oma County of �P.f�1�lYi�.i r`o sworn to (or affirmed) before me on this ,& day odu_na 20fa by r proved to me on the basis of satisfactory evidence to be thepetsoo appeared MARISSA RODRIGUEZ m COMM. #2169182 Notary Public - CeINorMa ra BAN BERWDINO COIINTY> Com , Oct. 23.2 20 Notary Public Seal City of Samara Aha RFP 18-047 Page AV 25F-171 Appendix ATTACE MENT 3-2: NON -LOBBYING CERTIFICATION CERTM4 CATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the beat ofhis or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any federal contract, the malting of any federal grant, the making ofany federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employes of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US. Code. Anyperson who fails to file the required certification shall be subject to a civil penalty ofnot less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitlinghis other bid or proposal that he or she shall require that the language of this certification be included in all lower der subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Finn Signed and Printed Name: Date &' City of Santa Ana RFP 1"47 Page A3-2 25F-172 Appendix ATTACHWNT 3-3: NON-AISCREVIINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their nice, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause, 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment 4. The Consultant shall comply with all provisions of Executive Order 11246 of September, 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall famish all information and reports required by Executive Order 11246 of September 24, 1965, and by mles, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract City of Santa Ana RPP 18047 Page A3-3 25F-173 or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties unposed for a violation of the Chapter. Signed: Title: 61 wu%,NT �� 1 ( Firm: Nl 6t Date: b • 'u - Lo I City of Santa Ana RFP 18.047 Page A3-4 25F-174 A' u� Appendix.: : ATTACHMENT 14: NON -COLT Uk0i"N AFFIDAVIT CERTMCATIONS - NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF. SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof; or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed e of California Coun f Subscribed an before me. Notary Public Signature to (or affirmed) before me on this _ day of , 20_, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared See Attached Certificate City of Santa Ana RFP 18-047 Page A3-1 25F-176 Seal JUN 2 2 2018 I ] Acknowledgment 1,4jurat I ] Capy Certnicate J U RAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to. which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof Subscribed and sworn to (or affirmed) before me on this 22 day of II// I' 201 by �EftDE KAY 5U , 74 proved to me on the basis of satisfactory, evidence to be the person(rs'j who appeared before me. cu• THERESE O. -TROWER ; Cornmisslon No. 2211642 ' .NOTARYPue[IC-0H.IFolt1a0. ' dJ dMWoE cdt�m'. D�/ My COPnm R -FV 8SPTEMhtR7aTeti Signature (Seal) OPTIONAL INFORMATION INSTRUCTIONS • fiewordmgofellJuralscrompletedlnCeGlomiaeRerJandery1,2015mustbeln>helam - as set forth within this Jurat There are no excepOna It a Just to be completed does rat Wow this form, Ore notary must coned fie verblage by using a jurat slanne confoWrg the correct wording or aboning a sepambjumt form such as this one with does contain the • proper wording. In addition, the notary mud require an oath or affirmation fiom Ne DESCRIPTION OF THE ATTACHED DOCUMENT document signer regarding the "hihess of fie contents of. fie document The �p doc mend mud ba signed AFTER the oath or atGrmah'an. If Me doo irnent was previously 400 Lt—U5IG-4 N �I�Q4V)7 signed, gmud he m -signed In hontoflhanoterypubecdudrgthejuratprocess. 011ie or desmmption of aaadted document) • State and county Information must be the state and county where the document signers) personally appeared before the notary public. (Tale or description of attached doarnent continued) . Date' of notarization must be the dale the signers) personally appeared which must also be the same date the Jural process is completed. Number of Pages Document Data �2 20/ �, Print the names) of the document signer(s) who personally appear at the time of notarization. • Signature of the notary publle must match the signature an file with the Additional Information office of the county clerk. • The notary seal Impression must be clear and photographically - ,reproducible. Impression must not cover text or lines. If seal Impression smudges, reseal if a sufficient Brea permits. otherwise complete a different jurat forth. Additional Information Is not required but could help to ensure this Jurat Is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. . Securely attach this document to the signed document with a staple. 2015 Version w,wr.NotaryClasses.com 000-873-D865 i Appeadis,;: ATTACHMENT 3-2.: NO]V-i.OBB 'I iG CERTMCATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best ofbis or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be•paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower Ger subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. KZ r&.rWX� c. art% �j✓��f�r v�4 , /�. Signed and printed Name: // ��, (�%1 �/�Gi 1/ S LA,. Title & Sr�NPu f Date 6 A -.i- �/ 9L City of Santa Ana RFP 18-047 Page A3-2 25F-178 Appendix ATTACHIVMNT 3-3: NON-DISCRDIINATION CERTIFICATION CERTIFICA1)]Sn,,y,;,<:�,_ ;r:.•x. The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, The Consultant shall take affirmative action to ensure that applicants' are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national, origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant; state that all qualified applicants will receive'consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall famish all information and reports required by Executive Order, 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanction's may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September -24', 1965, so that such provisions will be binding upon each subcontract City of Santa Ana RFP 18-047 Page A33 25F-179 or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: / Title: f ��2 f iOPa Firm: KAFri c- g(161,fl eg /it/I�� /wlC Date: -J,-//1, City of Santa Ana RPP 18-047 Page A3-4 25F-180 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section I12 and Public Contract Code 7106 the BIDDER declares that the bid Is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or Indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall reflain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true; and, fbrther, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged infbrmation or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is pan of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Orange Subscribed and swom to (or affirmed) before me on this 21st_ day of June 2018, by VIk Bapfla proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me, Notal Publiv ignature Notary Public Seal City of Santa Ane RFP 18-047 Page A3-1 25F-182 AMITA 80134APNA r Notary Public - California L orantia County Cemm16510n 12166121 Comm. Eggs Ma 29 2010 M 0 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS no prospective participant testifies, by signing and submitting this bid or proposal, to the best ofhis or her knowledge and belief, that: 1. No federal appropriated finds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the malting of my federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "DIsclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall cert* and disclose accordingly. Firm Signed and Printed Name: Title prindoal Date June 21 2018 City of Santa Ana RFP 18.047 Page A3-2 25F-183 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rale, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract City of Santa Ana RFP 1E-047 Page AM 25F-184 or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title; Principal Firm: CWE Date: June 2i, 2018 City of Santa Ana RFP 18-047 Page A3-4 25F-185 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the Interest of, or on behalf of, any undisclosed person, partnership, company, association, organization; or corporation, that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false of sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or wnf enoo With anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overheads profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the, contract of anyone interested in the proposed contract; that ail statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid prise or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate it collusive or sham bid. Note: The above Npn-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof Ariall also constitute signature of this Nonwollusiou Affidav DDERS are cautioned that making a false certification may subject the certifier to criminal prosecuti n. 07 Signed Siete of California County of ubscribed and sworn to (or affirmed) before me ort this Z$— day of 20_, by ( rte _021 r, ea , proved tome on the basis of satisfactory evidence to be' tile person(s) who appeared before me. Notary Public Seal City of Santa Ana RPP is -U47 Page A3-1 25F-187 V -7i 1 F r I Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm David Volz Design Landscape Architects, Inc. Signed and Printed Name: A,— • David Volz Title President Date 6/20/2018 City of Santa Ana RFP Page A3-2 26F-188 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall famish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract City of Santa Ana RFP AW -189 or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: @k Title: President Firm: David Volz Design Landscape Architects, Inc. Date: 6/20/201.8 City of Santa Ana RFP 25F-190 EXHIBIT B City of Santa Ana RFP No. 18-047 Engineering, Technical and Administrative Support Services PROPOSER FEE RATE SCHEDULE PENCO Engineering, Inc. June 25 2010 Title Billing Rate $/hr Project Engineer $90-$120 Senior Civil Engineering (PE, License Required) $100-$150 Assistant Engineer 11 $80-$95 Assistant Engineer 1 $65-$79 Engineering Alde $60-$70 CADD-Designer $904100 GIS Analyst $65-$90 Land Surveyor (LS, License Required) $120-$160 Project Manager $150-$180 Field Inspector (Construction) $90-$100 Building Inspector (Buildings) $90-$100 Storm Water Coordinator $110-$140 Plan Check Engineer $120-$140 Map Checker $120-$140 Senior Accounting Assistant $110•$120 Accounting Assistant $1104120 Administrative Assistant $80-$85 Contract Administrator $85-$90 Parking Permit Assistant $55-$65 25F-192 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED El DONATION AGREEMENTS WITH ❑ VARIOUS ORGANIZATIONS TO p SUPPORT COMMUNITY EVENTS AND ❑❑ PROGRAMS (STRATEGIC PLAN NO. 5,4) CI MANAGER RECOMMENDED ACTION As Recommended As Amended Ordinance on 151 Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute agreements with various organizations in support of their community events and programs, subject to nonsubstantive changes approved by the City Manager and the City Attorney, as follows: a. Child Creativity Lab in support of the Girl Scout STEAM Conference for young women in Santa Ana on December 8, 2018, in a one-time donation amount of $1,000 (Mayor Pro Tem Martinez); b. Santa Ana Unidos Boxing Club in support of the Roses in the Concrete Education and Arts Festival that occurred August 25, 2018, in a one-time donation amount of $500 (Councilmember Sarmiento). DISCUSSION On August 4, 2015, City Council adopted Resolution 2015-042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non-profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non-profit organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in-kind funding for City Services. The donation agreements listed above are in response to the Donation Requests (Exhibits 1-2) submitted by various community organizations or neighborhood associations to the specific 29A-1 Donation Agreements with Organizations to Support Community Events and Programs September 4, 2018 Page 2 Councilmembers, seeking sponsorship for community events and/or programs. The Councilmembers, respectively, reviewed and agreed to sponsoring the programs or events through the Special Event Sponsorship funds. Upon approval by City Council, the respective donation agreements will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2018-19 General Non -Departmental account (01105015-62300) as appropriate from each of the following Councilmember's appropriated amounts for Fiscal Year 2018-19: Mayor Pro Tem Martinez $ 1,000.00 Councilmember Sarmiento $ 500.00 Total $ 1,500.00 APPROVE AS TO FUNDS AND ACCOUNTS: Sergio Vidal -5VV% Assistant Director Finance and Management Services Agency Exhibits: 1-2. Donation Agreements 29A-2 CITY OF SANTA ANA DONATION AGREEMENT WITH CHILD CREATIVITY LAB 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on SEPTEMBER 4, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and CHILD CREATIVITY. LAB.a California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding for THE GIRLS SCOUTS STEAM CONFERENCE FOR YOUNG WOMEN IN SANTA ANA ON DECEMBER 8, 2018, WHICH WILL EMPOWER YOUNG WOMEN TO FOSTER PROBLEM -SOLVING SHILLS FOR ENTREPRENEURIAL PROJECTS ("Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of MAYOR PRO TEM MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it assists WITH PROMOTING ENTREPRENEURIAL SHILLS FOR YOUNG WOMEN IN SANTA ANA, WHILE PROMOTING STEAM EDUCATION, WHICH WILL HELP LEAD TO ECONOMIC DEVELOPMENT OPPORTUNITIES THAT WILL PROMOTE COMMUNITY AND BUSINESS ENGAGEMENT. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of ONE THOUSAND DOLLARS ($1,000),- because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term: Termination of Aereement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on-going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to C •� conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. CITY OF SANTA ANA LM Attest: LN Raul Godinez II City Manager Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: , J�fm M. Funk (Assistant City Attorney CHILD CREATIVITY LAB, a 501(c)(3) NON-PROFIT ORGANIZATION M Ramiro Barbuzano, Jr. Director of Education 2''X'5 �. City Manager's Office — M -3f 3 City of Santa Ana 20 Civic Center Plaza �) Donation Request P.O. Box 1988 Santa Ana, CA 92702 -- (714) 647-5200 Contact Information IName: Ramiro Barbuzano, Jr. ITiur e: Director of Education Pddresr- s. - 1815 E. Wilshire Avenue #906 city, state, zip: I Santa Ana, CA, 92705 Phenr e: 714-352-4380 Email: rbarbuzano@childcreativitylab.orgFar x: Organization Name: IChild Creativity Lab Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as I Select One defined under Section 501(cx3) of the Internal Revenue Code? Z Yes ❑ No If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees, f -�f Yes, taN time, rental rates for facilities or equipment,etc.).Costs for City services very and if ,approved, credit may or may not cover full cost of requested City services. : [Tax ID #: 36-4746228 Donation (City Services Credit Date�Needed: /Amount Requested; m I 11/8/18 MayorlCoul ndlmember: I Martinez (Direct PaymentAmount S 1 Event Da et 12/8/18 Event Time: 10:00 am Requested; l Event t.ocation: TBD, but possibly at 1815 E. Wilshire Avenue #906, Santa Ana, CA 92705 if venue not secured. Addiress, City, State, Zip Tis Gve Wpesviry LODb maienbb lab, Ne nee penvNtn mlpltlwl Pimm, maametbev, Inmvalmn, eN batlm OwrohheMrm vet0rfyarl,amro apm]art T]s Description Or agsY�me<°nl<mlmpn[lumw,mA<Mro<asl,mmbtle„ea WE,aeOy �rtl,q Nelr pomMal mr pu<mYEevekpv�l.N mNtll+uEammwdeh. EVentl Purpose: Tna wend b meats b a.". in. IsnmNdp�e nCCLmf Pe GIISa Monroe, !,(G$0G) bf ellmu mh,rafts K. 0(1)"a-Gefena7 mpemup beGlh Erpw.emnnl ST Gnlaarca.Tme¢wler.nwrO belle Pewmawwe sanuro In..ISo.., Tednns,y, Enpnwfro.M.e,d Mnm ...Pb Melo enpaprgyeup cornea m ease Ot,m Pxn Ona<p.m. pWtos The Gin Seoul Empowerment STEAM conference allows young women the opportunity to use problem solving skills and come up with new and useful solutions solutions to modem day issues. Their entrepreneur projects will take Nem threugh a'design-thinking' methodology where gid scouts team the COmmafllty Benefit. of planning, designing, turning, and presenting their work to a disgnguished panel of judges from the community. Along with Ne increased spark in curiosity and the sense of accemplishmenl. the guts mil have the opportunity to showcase their completed pmleds to the rest of the cemmunityl APPllcant Signature: fid. 8A.rbcvz K,0', jr. ata: 18/6/2018 Return completed form via: Mail: City Managers Office—M-31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 ____— _A`. Donation Request#: DR- _r_---------____ Refaen<e a on ,It related DPVs Council Meeting Date: September 4, 2018 Eligibility Met: YES I NO YES 1 Approved Amount: 51,000 City Manager Signature: _ Date: i — Revised 01105/2017 29A 6 CITY OF SANTA ANA DONATION AGREEMENT WITH SANTA ANA UNIDOS BOXING CLUB 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on SEPTEMBER 4, 2018 by and between the City of Santa Ana, a municipal corporation ("City") and SANTA ANA VNIDOS BOXING CLUB, a California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in HOSTING THE ROSES IN THE CONCRETE EDUCATION AND ARTS FESTIVAL THAT OCCURRED AUGUST 25, 2018 THAT WAS OPEN TO THE COMMUNITY ("Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Puroose. The City, by recommendation of COUNCILMEMBER SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it PROMOTED POSITIVE COMMUNITY EVENTS FOR YOUTH TO DISPLAY AND PERFORM ART, MUSIC, AND POETRY IN ORDER TO PROVIDE AN ALTERNATIVE OUTLET FOR YOUNG PEOPLE. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERDIS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of FIVE HUNDRED DOLLARS ($500); because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 21K-27 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on-going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. EXHIBIT 2 29A-8 CITY OF SANTA ANA By: Raul Godinez City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: , ,tqm M. Funk ssistant City Attorney SANTA ANA UNIDOS BOXING CLUB, a 501(c)(3) NON-PROFIT ORGANIZATION By: Jonathan Hernandez Executive Director & Founder 2R Z9 a_ w: City Manager's Office - M-31 �1: Cit of Santa Ana y 20 Civic Center Plaza ��r �I Donation Request P.O. Box 1988 t_�. Santa Ana, CA 92702 — (714) 647-5200 'Contact Information ,Name Ijohnathan R. Hernandez FItle rE.D 8� Founder Pddres� s. 1714 N Raitt St city, s�— tate, zip: Santa Ana, CA, 92701 IPho� e: 657-261-1653 Email santanaunidos@gmail.com ',Fax: 9 Onization Information Name: Santa Ana Unidos Tax -Exempt Status: Is your organization a non-profit or public lax -exempt organization as : Select One defined under Section 501(c)(3) of the Internal Revenue Code? IZ Yes ❑ No If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees, i f lLLYes' staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if 47-5211563 approved, credit may or may not cover lull cost of requested City services. (rax ID M Donation —f cityServicesservlees credit E Requested: ate Needed: 08-25-2018 �Mayorlcauncilmember. Sarmiento Direct Payment Amount S 501 0 EventEvent pa pe 08-25-2018 Event Tim e: 11:00 AM - 4:30 PM �Roqucsted: __ _ 120 W. 5th St, Santa Ana. CA. 92701 Event Location: 7 Address, City, State, Zip The Roses In Concrete Education 8 Arts festival is bringing together musicans, Description of students, educators and community to celebrate youth in power. Event l Purpose: This event directly challenges negative sterotypes that Minder youth from thriving Community Benefit: within our city. Youth are able to perform art, music and poetry amongst some of their favorite and most influential artists. --- Applicant Signature: �Dat� e: I U8-06-2018 r Mail: City Manager's Office -M-31 Email: donationrequestQsanta-ana.arg 20 Civic Center Plaza Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request 8: DR - Relerence # on au.craeed uays Council Meeting Date: September 4, 2074 t—Approved _— Eligibility Met: YES 1 NO YES Amount: $500 City Manager Signature: Date: Revised 01/05/2017 29A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 TITLE: APPROVE INSURANCE RENEWALS WITH BIG INDEPENDENT CITIES EXCESS POOL, PUBLIC ENTITY PROPERTY INSURANCE PROGRAM AND CALIFORNIA STATE ASSOCIATION OF COUNTIES (STRATEGIC PLAN NO. 4,1) ftTJ MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: -;• ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO i�I��N1dA:1�:7 1. Approve the City's continued membership in the Big Independent Cities Excess Pool Liability Program from July 1, 2018 to June 30, 2019 at an estimated premium cost not to exceed $3,700,000. 2. Approve the City's continued membership in the Big Independent Cities Excess Pool Workers' Compensation Program from July 1, 2018 to June 30, 2019 at an estimated premium not to exceed $400,000. 3. Approve the City's continued participation in the Public Entity Property Insurance Program from July 1, 2018 to June 30, 2019 at an estimated premium cost not to exceed $690,000. 4. Approve the City's continued participation in the Public Entity Property Insurance Program from July 1, 2018 to June 30, 2019 for the annual administrative cost of $121,175. Approve the City's continued participation in the California State Association of Counties — Excess Insurance Authority's Crime Bond Program from July 1, 2018 to June 30, 2018 at an estimated cost not to exceed $12,000. DISCUSSION The City is a member of Big Independent Cities Excess Pool (BICEP) Joint Powers Authority which was formed in September 1988. The current member cities include Santa Ana, Huntington Beach, San Bernardino, Oxnard, West Covina, and Ventura. The purpose of BICEP is to provide insurance coverage for its member cities, shielding them from financial debt due to large liability claims, judgments, and settlements. Additionally, participation in a pool provides rate stability and can offer broader coverage. 2913-1 Approve Insurance Renewals for FY 2018/19 with BICEP September 4, 2018 Page 2 The BICEP excess liability program covers liability claims from $1,000,000 to $27,000,000 per occurrence with a $1,000,000 self-insured retention (SIR) which functions like a deductible. The workers' compensation program provides statutory excess workers'. compensation insurance coverage with a $1,000,000 SIR. The excess liability insurance premium for the period of July 1, 2018 to June 30, 2019 will not exceed $3,700,000. The excess workers' compensation insurance premium for the July 1, 2018 to June 30, 2019 period will not exceed $400,000. The Public Entity Property Insurance Program (PEPIP) was established in May 1993 with seventeen public agencies including the City of Santa Ana. The purpose of PEPIP is to provide public agencies with group purchasing strength. Since 1993, PEPIP -has grown to include over 6,400 members in 45 states, which has allowed the group to purchase property insurance at affordable premiums. The estimated $690,000 premium, an increase' of approximately $40,000 from last year's premium, will provide $1,000,000,000 of coverage for insured City properties from July 1, 2018 to June 30, 2019. PEPIP will provide the City with $100,000,000 for boiler and machinery damage and $82,500,000 in coverage for flood damage (coverage is limited to $50,000,000 in Flood Zone A.) This cost includes the purchase of.earthquake insurance. The earthquake coverage provides coverage up to $25,000,000 per occurrence and annual aggregate with a deductible of 5% per unit ($100,000 Minimum). The City joined the California State Association of Counties — Excess Insurance Authority CSAC- EIA) Crime Bond Program on April 1, 2004. This provides the City with $15,000,000 per occurrence in coverage for employee theft/faithful performance of duty as well as inside and outside theft of money, robbery or safe burglary, funds transfer fraud, computer fraud and other illegal activities except as not covered by exclusion. The renewal premium from July 1, 2018 to June 30, 2020 (two-year policy term) remains at $12,000. The above stated premiums are an increase over Fiscal Year 2017/2018 of $912,332 or 23.1%. This is due in part to the fewer number of excess carriers willing to bid and an increase in recent claim/settlement size trending state-wide. STRATEGIC PLAN ALLIGNIVIENT Approval of this item allows the City to meet Goal # 4 - City Financial Stability, Objective #1 (Maintain a stable, efficient and transparent financial environment). FISCAL IMPACT Funds are budgeted in the proposed 2018-19 Liability & Property Insurance account, Insurance (Risk Management), (No. 08009051-64010) for an estimated premium and administrative costs not to exceed $4,500,000 and Workers' Compensation account, Insurance (Risk Management), (No. 08209054-64010) for an estimated premium cost not to exceed $405,000. 29B-2 Approve Insurance Renewals for FY 2018/19 with BICEP September 4, 2018 Page 3 z I -- — ATO Steven V. PIom Executive DiVector Human Resources Agency SVP/dsl/dsl APPROVED AS TO FUNDS AND ACCOUNTS: Sergio \Adal Assistant Director (Yol Finance & Management Services Agency r•- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 TITLE: FIRST READING OF AN ORDINANCE REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE X OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE REGARDING TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY {STRATEGIC PLAN NO. 3,3C) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: p•O:• 1, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on 20d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance repealing and reenacting in its entirety Article X of Chapter 33 of the Santa Ana Municipal Code regulating telecommunication facilities in the public right-of-way. DISCUSSION In 2011, the City Council adopted Ordinance NS -2816 adding Article X to Chapter 33 of the Santa Ana Municipal Code to regulate telecommunications facilities in the public right-of-way. In order to accommodate advancement in wireless technologies and new Federal and State laws, staff proposes an update to the ordinance which will establish the methods by which the City will review, process, and control wireless communication facilities in the public right-of-way. Over the last few years, wireless providers have increasingly sought to place "small cell" antennas and equipment on existing infrastructure located within the public right-of-way. Typically, a small cell antenna is attached to a streetlight or utility pole, or placed mid -span on wires between utility poles. Wireless providers typically install these small cells in locations that are densely populated in order to provide additional network capacity, such as downtown areas and around heavily used traffic corridors. The small cell antennas are also sometimes deployed in areas that cannot be effectively served by a traditional macro cell. A small cell is not intended to replace macro cell sites, but rather, to supplement them. Therefore, the City's current ordinance must be updated so that it may effectively control all wireless installations. The draft ordinance sets forth a streamlined procedure for applicants seeking permits for small, low -impact, aesthetically acceptable wireless facilities in the public right-of-way. Primary to the streamlining component is a public notification radius reduction for small cell applications from 300 feet to 150 feet, and a reduction in the public comment review period from 30 days to 20 days. Since 2014, over 25,000 notices to adjacent land owners and tenants have resulted in less than 30 comments, responses, or questions to staff. 50A-1 Ordinance - Repeal & Reenact Article X of SAMC Chapter 33 Telecommunications in the Public Right -of -Way September 4, 2018 Page 2 This first reading of this item was originally scheduled forthe August 21, 2018 City Council Meeting. However, wireless carriers provided additional comments on the day of the scheduled first reading; therefore, staff decided to continue the item to the next City Council meeting to allow additional time to discuss the comments and revise the ordinance, as necessary. Wireless carrier comments had already been considered, but the new comments have been reviewed and staff has in response made some minor revisions to the draft Ordinance. The City's consultant, Magellan Advisors, staff from the City Attorney's Office and outside legal counsel, and the Public Works Agency are recommending consideration of the draft Ordinance. BACKGOUND Telecommunications advancements and consumer demand for network data capacity have led the wireless industry to seek to deploy smaller and more densified wireless antenna facilities in the public rights-of-way. Different types and sizes of wireless facilities deliver diverse wireless coverages and capacities. A "macro cell" is typically used for wider coverage, with a radius of several miles, and these facilities are usually located on freestanding towers, faux tree poles, tall buildings, water tanks, etc. Macro cells are the types that have been traditionally utilized by the wireless industry. Wireless providers have already deployed many of both macro cell and small cell antennas under the existing ordinance, but have expressed a desire to deploy hundreds more of these antennas and associated equipment throughout the City. Although the City's municipal code regulates wireless installations in the public right-of-way, our code is in need of an update to address the increased demand for deployments and changes in state and federal law that have occurred since Ordinance NS -2816 was adopted in 2011. Among other changes in state and federal law, Congress enacted the Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act). Section 6409 of the Spectrum Act requires a local government to approve any "eligible facilities request" for a modification of an existing tower or base station that does not substantially change the physical dimensions of such facility. An implementing order adopted by the Federal Communications Commission (FCC) in 2014 defines key terms in the statute, sets timeframes for the approval process, and creates a "deemed granted" remedy for failure to meet the timeframe. In 2015, the California Legislature adopted AB 57 (codified as Government Code 65964.1), which provides a "deemed approved" remedy for the failure to meet timelines for action on other types of wireless permit applications that are subject to permitting deadlines known as a "shot clock" established by the FCC in orders released in 2009 and 2014. The ordinance has been modified to reflect these and other changes in state and federal law. Preparation of the draft ordinance included a review of a number of other cities' ordinances, including the Cities of San Francisco, Huntington Beach, Santa Monica, and Long Beach. Components of the proposed changes to the Ordinance were presented to the Economic Development, Infrastructure, Budget & Technology Council Committee at its May 14, 2018, meeting. Staff has also coordinated with and received input from wireless telecommunication providers on the proposed set of regulations. 50A-2 Ordinance - Repeal & Reenact Article X of SAMC Chapter 33 Telecommunications in the Public Right -of -Way September 4, 2018 Page 3 Other changes in the draft Ordinance include updating the definitions for consistency with federal and state requirements, consideration of newer technologies, and inclusion of provisions to restrict electric meters. The Ordinance adds permit term limitations, revocation procedures, and a process for optional pre -submittal consultation with staff. To allow for greater flexibility moving forward, the draft Ordinance also removes much of the design standards and site selection criteria from the code, which will now be contained within a Standards and Guidelines Policy to be approved and administered by the Executive Director of the Public Works Agency. The draft Ordinance continues to specify the information to be submitted with an application for a wireless facility in the public right-of-way. The draft Ordinance also allows for review of the analyses by a qualified radio frequency consultant. The application will also include photo simulations and a statement that the installation will comply with all applicable radio frequency emission standards. Ultimately, the draft Ordinance provides the Public Works Agency with the ability to more effectively regulate wireless telecommunications facilities in the public right-of-way. This draft ordinance regulates the issuance of permits to place wireless facilities in the public right- of-way. It does not authorize the use of City -owned infrastructure located in the public right-of-way. In a future Request for Council Action, staff will recommend approval of a Master License Agreement, which will provide terms to allow providers to install small cell antennas on City -owned facilities, such as streetlights. Wireless telecommunications installations proposed to be placed outside of public street and alley right-of-way (such as within parks and on private property) will continue to require a permit administered by the Planning and Building Agency, and the process will remain unchanged. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 — Economic Development, Objective #3 (promote a solutions -based customer focus in all efforts to facilitate development and investment in the community), Strategy C (explore opportunities to encourage a business -friendly environment within the city through the reduction of non-essential regulatory requirements and improved coordination between agencies for development review). ENVIRONMENTAL IMPACT There are no environmental impacts associated with this action. There is r7 ct associated with this action. Fuad S. S eiss, PE, PLS la Cwlla Executive irector C f Technology Innovations Officer Public Wa ks Agency In Ormation Technology Department FSS/EWGfrH Exhibit: 1. Ordinance y 1 J y' 1 I Imf 8/29/2018 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE X OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE REGARDING TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows. A. In 2011, the City of Santa Ana adopted Ordinance No. NS -2816 for the purpose of adding Article X to Chapter 33 of the Santa Ana Municipal Code to establish standards for the design, placement, permitting, and monitoring of telecommunications facilities in the public right-of-way. B. Article X of Chapter 33 was enacted at a time where the most traditional form of wireless installation was a "macro cell," the large communications towers that are commonly seen in the urban landscape. In the years following, a variety of new technologies have emerged that can use smaller facilities and cover smaller areas than traditional macro cells. These are commonly referred to as "small cells." C. Wireless providers increasingly use small cells to supplement their macro cells, for example by deploying them in areas that cannot be effectively served by a traditional macro cell, or by expanding and upgrading their network capacity to serve the rapidly growing number of wireless device users. Typically, a small cell antenna is attached to a streetlight or utility pole, or placed mid -span on wires between utility poles. Wireless providers often place these small cells in locations that are densely populated, such as downtown areas and around heavily used traffic corridors. D. Wireless providers have already deployed many of these facilities under the existing ordinance, but have expressed a desire to deploy hundreds more of these antennas and associated equipment throughout the City. Although Article X of Chapter 33 of the City's municipal code regulates wireless installations in the public right-of-way, it is in need of a comprehensive update to address the increased demand for deployments and changes in state and federal law that have occurred since Ordinance No. NS -2816 was adopted in 2011. E. Accordingly, Article X of Chapter 33 of the Santa Ana Municipal Code shall be updated by repealing and reenacting such article. By this update, the City seeks to establish reasonable and uniform standards and streamlined procedures for the approval and installation of small cell and similar wireless facilities in the public right-of-way in a Ordinance No. NS -XXX Page 1 of 21 manner that protects and promotes the public health, safety and welfare and is consistent with federal and state law. SECTION 2. Article X of Chapter 33 of the Santa Ana Municipal Code is hereby repealed in its entirety. SECTION 3. Article X of Chapter 33 of the Santa Ana Municipal Code is hereby reenacted in its entirety as follows: ARTICLE X. - WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY Sec. 33-230. - Purpose and Intent. The City Council finds and determines that it is in the interest of the City of Santa Ana to establish a process that balances the need for Santa Ana residents to access wireless communications, the general welfare of Santa Ana residents, and the requirements of state and federal law, to guide applicants for wireless facilities within or along the public right-of-way. Accordingly, this Article is adopted: (a) To provide uniform standards for the community desired design, placement, permitting and monitoring of wireless facilities consistent with applicable state and federal requirements. (b) To manage the public right-of-way as to the time, place, and manner in which it is accessed. (c) To minimize the environmental and aesthetic impacts of wireless facility installations in the public right-of-way. (d) To preserve view corridors, to discourage visual blight and clutter, and to encourage aesthetic placement of wireless facilities. (e) To accommodate public and City use of the public right-of-way, so as to permit maintenance of wireless facilities, and to minimize disruption to vehicular traffic and pedestrian flow and on -street parking. (f) To minimize unnecessary disruption of the public right-of-way by coordinating installations so as to effectively manage use of the public right-of-way. (g) To ensure the structural integrity, reliability, performance, safety, quality, ease of maintenance, and aesthetic integrity of the public right-of-way. (h) To ensure that similarly -situated public right-of-way users are treated in a competitively neutral and non-discriminatory manner while complying with applicable state and federal requirements. (i) To ensure compliance with all federal, state, county, and local laws. 0) To prevent hazardous conditions within and along the public right-of-way. Ordinance No. NS -XXX Page 2 of 21 y 1 M (k) To manage the long-term use of the public right-of-way. This Ordinance establishes standards for the siting, design, permitting, construction, operation, inspection, maintenance, repair, modification, removal and replacement of communications facilities in recognition of applicable state and federal law. Sec. 33-231. - Definitions. For the purpose of this Article, the following words or phrases are defined below: (a) "Accessory equipment" means any equipment serving or being used as part of a wireless facility that is not an antenna or a pole. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets, storage sheds, shelters, vaults, or other structures. (b) "Agency" means the City's Public Works Agency. (c) "Antenna" means that part of a wireless facility designed to radiate or receive radio frequency signals. (d) "Base station" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(1), as may be amended. (e) "Cell on Wheels" or "COW" means a portable self-contained wireless facility that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle -mounted and contains a telescoping boom as the Antenna support structure. (f) "Concealment Elements" means any of the following: 1. Radio Frequency transparent screening. 2. Approved, specific colors. 3. Minimizing the size of the site. 4. Integrating the installation into existing utility infrastructure. 5. Installing new infrastructure that matches existing infrastructure in the area surrounding the proposed Site., 6. Controlling the installation location. (g) "Director" means the Executive Director of the Public Works Agency or a designee. (h) "Distributed Antenna System" or "DAS" means a network of spatially separated antennas (sometimes called "nodes") connected to a common source (sometimes called a "hub") by a transport medium, such as fiber optic cable, that provide wireless service within a specific geographic area. This definition includes, without limitation, DAS owned by one entity and shared by multiple providers. Ordinance No. NS -XXX Page 3 of 21 50A-7 (i) "Eligible facilities request' means an application that qualifies for approval under the criteria set forth in Section 1455 of Title 47 of the United States Code and 47 C.F.R. § 1.40001. (j) "Eligible support structure" means "eligible support structure" as that term is defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended. (k) "FCC" means the Federal Communications Commission. (1) "Guidelines" means Standards and Guidelines for Wireless Facilities in the Public Right -of -Way policy promulgated by the Director of Public Works pursuant to Section 33-234, as it may be amended from time to time. (m) "Laws" means any and all applicable federal, state and local ordinances, resolutions, regulations, administrative orders, or other legal requirements. (n) 'Parkway" means that area between the sidewalk and the curb of any street, and where there is sidewalk adjacent to the curb, that area between the sidewalk and the right-of-way line, and where there is no sidewalk, that area between the curb or edge of the roadway and the right-of-way line adjacent thereto. (o) 'Person" means any individual, firm, company, partnership, corporation, entity, agency, or other organization. (p) "Pole" means a single shaft of wood, steel, concrete or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this code and the Guidelines. (q) 'Public right-of-way" or "PROW" or "right-of-way" means the area on, below, or above a City -owned or -controlled street or alley public right-of-way and the sidewalk and/or parkway adjacent thereto. (r) 'Replacement pole" means in connection with an existing pole, a pole that is installed in the same location or in the immediate vicinity of an existing pole that is removed. (s) "Roadway" means that portion of a public street improved, designed or ordinarily used for vehicular traffic. (t) "Routine maintenance" means ensuring that a wireless facility is kept in good operating condition. Routine maintenance includes, but is not limited to inspections and testing. (u) "Site" means the area in proximity to the structure and to other transmission equipment already deployed on the ground, as defined by the FCC in 47 C.F.R. § 1.40001(b)(6), or as may be amended. (v) "Substantial change" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(7), as may be amended. Ordinance No. NS -XXX Page 4 of 21 (w) 'Wireless facility' "facility" or "facilities" mean any fixed facility that transmits and/or receives electromagnetic waves using FCC -licensed or unlicensed spectrum. It includes, but is not limited to, antennas and/or other types of equipment for the transmission or receipt of such signals, poles, communications monopoles or similar structures supporting such equipment, related accessory equipment, and other accessory installations. (x) "Work" means all labor, materials, equipment, services, and all other things necessary for a person to install a wireless facility in the public right-of-way, including without limitation any changes requested by the City, in accordance with this Article and all applicable laws and regulations. Sec. 33-232. - Permit Required. No person shall install or maintain any wireless facility which in whole or in part rests upon the public right-of-way without first obtaining a permit from the Director under this Article. Additional permits may still be required depending on the type of wireless facility and the scope of work required for Installation. Sec. 33-233. - Siting Preferences. (a) To the extent possible, wireless facilities shall be located outside the public rights-of-way. (b) Whenever possible, wireless facilities shall not be located in public rights-of-way adjacent to property zoned or used for residential purposes. (c) Whenever possible, wireless facilities shall be located on -existing poles or replacement poles rather than on new poles. (d) Wireless facilities should not be located immediately in front of, beside, or behind historic resources as recognized by the City pursuant to Chapter 30 of this Code. Sec. 33-234. - Director's Guidelines. (a) Each application for a wireless facility is subject to the most current Guidelines, which may be amended from time to time. The primary purpose of these Guidelines shall be to provide procedural and design guidance and specific design standards and requirements for project applicants proposing wireless facilities (categorized in different tiers) in the public right-of-way that are subject to the requirements of this Article. The Guidelines document is also intended for use and reference by City staff in reviewing and approving designs and verifying compliance with this Article. All such Guidelines will be publicly available and posted on the Public Works website. (b) To the extent not preempted by applicable laws, the Director may prescribe in the Guidelines additional standards covering the location, Ordinance No. NS -XXX Page 5 of 21 ' m • y size, and depth of excavations in public streets and sidewalks related to wireless facility installation, as the Director may deem necessary for the public safety and welfare. Where such guidelines are general in character and are designed to apply to all excavations of a certain type or nature, they shall be promulgated in writing showing the date of their enactment, and a copy thereof, duly certified to by the Director shall be kept on file where they may be made available for public inspection upon the demand of any person. All work performed under this Article shall be subject to such guidelines. Sec. 33-235. - Pre -Submittal Requests. The applicant may request a pre -application consultation with the City. This consultation is for the applicant to ask questions, receive guidance on specific requirements of this Article, and receive verbal feedback on specific elements to assist In the design of their site. Multiple proposal options may be provided for the same location under one application. A pre -submittal application request is to be made on a City -approved form to the Public Works Agency and shall include any required fee as established by City Council resolution for each submittal. Once conceptual review comments have been sent to the applicant, the Public Works Agency and the applicant may communicate to address comments and resolve issues identified in advance of an application being submitted. When necessary, at the request of the applicant, city staff may conduct site visits with the applicant to address and/or resolve specific issues related to the site. The applicant may request a meeting with city staff to review and discuss conceptual review comments, subject to any applicable fees. Sec. 33-236. - Application Required. Before a permit is issued, a written application must be filed with the Agency, subject to the requirements of this Section and the Guidelines. (a) Where the applicant does not assert that the proposed facility is an eligible facilities request, the application shall include: 1. The name, address and telephone number of both the applicant and the owner of the wireless facility. 2. The name, address and telephone number of the responsible person whom the City may contact at any time concerning the wireless facility. 3. A copy of the applicant's authorization to construct the proposed facilities in the public rights-of-way (e.g., a certificate of public convenience and necessity or a wireless identification registration). 4. If the applicant's proposed facility involves installing a replacement structure (e.g., a pole) in the public right-of-way and attaching additional facilities, or Installing a facility on a pole owned by a third party, the applicant shall also provide a signed copy of the license, lease, pole attachment agreement, or Ordinance No. NS -XXX Page 6 of 21 50A-10 whatever authorizations are required for the placement of the wireless facility at the location proposed, including proof that applicant is authorized by the owner of the structure to install and operate the proposed wireless facility on the structure. Such submissions need not disclose financial terms. 5. Where applicable, the pole number(s), address, and latitude/longitude GPS coordinates of the location of the pole or poles. 6. At the request of the Director, a photograph and model number of the wireless facility being proposed. 7. A project description letter containing: A. A list of all facilities proposed to be installed (including antennas, associated equipment, poles, power and fiber to the facility), along with the corresponding volume of each. B. The height of each, as measured from the ground. C. A description of the concealment elements associated with the wireless communication facility, including but not limited to painting and shielding. D. The materials that comprise the facilities, E. A description of any ground disturbance necessary to complete the proposed project. F. A description of the noise levels the facilities will emit. G. A description of any lighting to be installed along with the facilities. H. A description of any signage to be installed along with the facilities. I. A description of the security plan for the site, including an emergency contact, and a description of the emergency breaker switch. J. A description of three alternative sites that would also accommodate the proposed Facilities, and a brief explanation as to why the proposed site was selected (i.e., proximity to power source). 8. A coverage map indicating the area which will be served by the proposed wireless facility. 9. A construction plan and schedule, to include start and end dates and phasing, as required by the Agency. 10. Engineering certification demonstrating compliance with all existing RF emission standards. 11. A non-refundable application and processing fee, in an amount established by resolution of the City Council to defray the City's costs to process the application and to inspect the facility. 12. Electronic plans (in .pdf file format and electronic GIS file format compatible with the City's geographic information system database) that include the following: A. A title sheet. Ordinance No. NS -XXX Page 7 of 21 50A-11 B. A site plan, showing: I. The exact location and route requested for applicant's proposed facilities, including other improvements in the area. H. If excavation is required, the plans must include the the location and depth of all overhead and underground public utility, cable, water, sewer drainage, fiber optic, and other facilities in the public right-of-way along the proposed route. iii. The location(s), if any, for interconnection with the facilities of any other parties. IV. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate. 13. Verification from a California licensed professional engineer certifying that the support structure involved in the deployment is structurally and mechanically capable of supporting the proposed mounted components of the wireless facility. 14. Detailed plans and design drawings of all facilities proposed (and where applicable including a detailed description of any existing wireless facilities and of the modifications that are proposed to be made to it), and the dimensions (including the volume) and specific location of the wireless facility and its elements, including but not limited to any accessory equipment that will be installed. The description must Include detail on any excavations and deployment outside the current site, including any physical, wireline, interconnections to other locations, noting existing wireline connections and new ones. 15. Photo simulations of the facility before and after installation (including any above -ground pedestals, vents, conduit and exposed cable). 16. For applications involving modifications of existing facilities, the applicant shall provide the original permit and approved plans for the existing facility and any associated authorizations (e.g., related to prior modification requests). 17. For applications involving new poles, or wireless facilities in underground utility areas, the applicant must include Information to demonstrate that the facility is necessary to avoid prohibiting or having the effect of prohibiting the provision of personal wireless services pursuant to the United States Telecommunications Act of 1996 (47 U.S.C. §332(c)(7)(13)(1)(II)). (b) Applications for eligible facilities requests shall include: A project description letter containing: A. A list of all facilities proposed to be installed (including antennas, cabinets and other associated equipment, power Ordinance No. NS -XXX Page 8 of 21 50A-12 and fiber to the facility), along with the corresponding volume of each. B. The height of each, as measured from the ground. C. A description of the concealment elements associated with the wireless facility, including but not limited to painting and shielding. D. The materials that comprise the facilities. E. A description of any ground disturbance necessary to complete the proposed project. 2. Detailed plans and design drawings of the proposed installation, including a detailed description of the existing wireless facility and of the modifications that are proposed to be made to the existing wireless facility; the exact location of the proposed facility; the dimensions (including the volume) and speck location of the wireless facility and its elements, including but not limited to any accessory equipment that will be installed. The description must Include detail on any excavations and deployment outside the current site, including any physical, wireline, interconnections to other locations, noting existing wireline connections and new ones. 3. A copy of all approvals and/or permits for the tower or base station that is to be modified, and any subsequent modification applications and permits, and of any required conditions (imposed by the City and/or third party) placed on the initial or subsequent permits. 4. A report signed by a California licensed professional engineer specializing in structural engineering, containing the following: A. In the case of an attached wireless facility, documentation of the ability of the structure to accept the antennas, the proposed method of affixing the antennas, and the precise point at which the antennas shall be mounted. B. In the case of a wireless facility with a support structure (e.g. monopole), documentation that the structure is capable of supporting the antennas and complies with applicable laws and codes, as well as the structure's capacity for additional collocated antennas, and the precise point at which the antennas shall be mounted. Sec. 33-237. - Distributed Antenna System (DAS). Applications for wireless facilities comprising a DAS shall be submitted simultaneously and each individual location within the system shall be processed and considered for approval separately. Permitting fees will be assessed per application. Each location will be evaluated and must comply with the installation design guidelines as detailed in the Guidelines. Ordinance No. NS -XXX Page 9 of 21 I 50A-13 Sec. 33-238. - Fees. (a) Processing Fees. The fee for any permit or application required by this Article shall be set by the City Council by resolution from time to time. All fees must be paid in full before any permit shall be issued from the City. Application processing fees must be paid at the time that the application is submitted and are non-refundable. These fees are for permit processing only and are in addition to any other applicable fee or any separate payments that may be required for rent of City infrastructure. (b) Independent Consultant. As reasonably required, the Applicant may be required to provide an authorization waiver to permit the City to hire an independent qualified consultant to evaluate any technical aspect of the proposed telecommunication facility. Any authorization for this purpose shall include an agreement by the applicant to reimburse the City for all reasonable costs associated with the consultation. Sec. 33-239. - Notice of Application Submittal. (a) Excluding applications for eligible facility requests and Tier 1 facilities (as defined by the Guidelines), within ten (10) business days of acceptance of a complete application, the applicant shall give or cause notice of the submission to be given to certain members of the community, as specified below. The notice must be approved by the City. The notice shall provide: 1. A date of notice. 2. A brief description of the proposed wireless facility, including all proposed accessory equipment. 3. A City contact for inquiries and instructions to send any comments to a designated City address and/or email address, and a statement that the City will accept comments for twenty days following the date of notice. 4. Photo simulations of the proposed facility before and after installation (include any vents, conduit and exposed cable). 5. A radius map indicating: A. For Tier 2 facilities, one -hundred and fifty (150) feet of the exterior boundaries of the proposed installation site. B. For Tier 3 facilities, three -hundred (300) feet of the exterior boundaries of the proposed installation site. (b) For purposes of the notice requirements below, the City will provide to the Applicant a list of names and addresses of all property owners within five (5) business days, as shown on the latest assessment roll of the county assessor. 1. For applications for Tier 2 facilities (as defined by the Guidelines), the applicant shall provide notice by, Ordinance No. NS -XXX Page 10 of 21 50A-14 A. Mailing notices to property owners located in residential zones and within one -hundred and fifty (150) feet of the exterior boundaries of the proposed installation site. B. Mailing notices to any neighborhood association representing residential property located within one - hundred and fifty (150) feet of the exterior boundaries of the proposed installation site. C. Posting a copy of the notice at the proposed installation site on the existing utility pole, street light or similar structure to be modified or replaced, or as close thereto as reasonably possible. 2. For applications for Tier 3 facilities (as defined by the Guidelines), the same notice requirements shall apply, except that notice shall be delivered to the persons listed above within a three -hundred (300) foot radius of the proposed site. (c) Written comments from members of the public received by the Director shall be considered as part of the staff review. Comments shall be accepted for twenty (20) days following the date the notice is provided. (d) The applicant shall work cooperatively with the City to consider or otherwise respond to comments received by the Director. Sec. 33-240. Permit Issuance. (a) A permit for a wireless facility shall be granted, denied, or conditionally granted by the Director. In the event that an application is deemed granted by rule of law, all conditions and design guidelines as required by this ordinance for the facility are still applicable and required for the facility. (b) For an eligible facilities request, the Director shall issue a permit if the Director finds that the proposed facility qualifies as an eligible facilities request and does not represent a substantial change. (c) For any facility other than an eligible facilities request, the Director shall issue a permit if the Director makes all of the following findings: 1. The proposed facility conforms to the Guidelines, including any volumetric limits, design criterion, and location restrictions detailed therein. 2. The proposed wireless facility is visually compatible with the surrounding neighborhoods. 3. The applicant has demonstrated that the installation will not substantially interfere with the use of the public right-of-way and existing subterranean infrastructure, including interference with Ordinance No. NS -XXX Pagel 1 of 21 50A-15 the flow of pedestrian or vehicular traffic, the ingress or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near the proposed site of the wireless facility. 4. The applicant has demonstrated that the wireless facility will not endanger or is not reasonably likely to endanger the safety of persons or property. 5. The proposed wireless facility complies with all applicable regulations of the FCC. 6. The applicant has coordinated the final siting location of the facility with the Director. 7. The applicant has posted a performance bond or other security in an amount rationally related to the cost of removal.. 8. All notification requirements for the proposed facility have been met. (d) In granting or denying an application, the Director shall make a written finding which shall specify all facts relied upon in rendering his decision. A copy of the decision shall be filed with the Public Works Agency and mailed to the applicant and to any person who has submitted a comment on the proposed application pursuant to Section 33-239. (e) Permits are issued for a period of ten (10) years from the date issued. Sec. 33-241. — Extension of Permit. To extend a wireless facility permit for an additional five (5) year period, the applicant shall provide proof that it continues to have the legal authority to occupy and use the PROW for the purpose set forth in its permit, that its site as it exists at the time of the extension is in full compliance with the applicable City permits issued for the site, and pay the fees for extension. Additionally, the applicant must provide an affidavit confirming that the site is still in compliance with the FCC regulations. Additional procedural and substantive requirements may be detailed in the Guidelines. Failure to submit such an affidavit or proof of legal authority to occupy or use the PROW, or to meet any additional requirements regarding extension specked in the Guidelines, shall be grounds for not extending the permit. The burden is on the applicant to demonstrate that the site complies with the requirements herein. Sec. 33-242. - Appeal. Any interested person may appeal the decision of the Director pursuant to Chapter 3 of this Code. Ordinance No. NS -XXX Page 12 of 21 50A-16 Sec. 33.243. - Revocation. Any wireless facility permit may be revoked or modified for cause In accordance with the provisions of this Section. (a) Revocation proceedings may be initiated by the Director. (b) Public notice of the hearing shall be given, (c) After conducting a duly -noticed public hearing, the Director or designee shall act on the proposed revocation. (d) Required Findings. The Director or designee may revoke or modify the permit if the Director makes any of the following findings: 1. The applicant obtained the approval by means of fraud or misrepresentation of a material fact. 2. The applicant substantially expanded or altered the use or structure beyond what is set forth in the permit or substantially changed the character of the facility. 3. The facility has not been utilized for six (6) months or more. 4. Failure to comply with any condition of a permit issued. 5. Failure to comply with this Article. 6. Failure to comply with the Guidelines. 7. A substantive change of law affecting to the applicant's rights to occupy or use the PROW or the City's ability to impose regulations relating to such occupation or use. B. A facility's Interference with a City project. 9. A facility's interference with vehicular or pedestrian use of the PROW. 10. Failure to make a safe and timely restoration of the PROW or failure to address damage or disrepair with respect to the wireless facility and/or its supporting structure. 11. Circumstances arise under which failure to revoke the permit and remove the facility would result in hazardous or dangerous conditions, or otherwise compromise the safety of the PROW. (e) Notice of Action. A written determination of revocation shall be mailed to the applicant within ten (10) days of such determination. (f) An applicant whose permit has been revoked may have the revocation reviewed, upon written appeal as follows: 1. Within fourteen (14) days of the revocation, a written appeal shall be filed with the Director. The appeal must contain a statement listing the reasons why the applicant believes that the revocation Ordinance No. NS -XXX Page 13 of 21 50A-17 should be reviewed. The Director shall render a decision within twenty-one (21) days of receipt of the statement described herein. 2. If the Director denies the appeal, the permittee may file a written notice of appeal with the City Council within twenty-one (21) days of notification of the Director's denial. The appeal to the City Council must contain a statement of any significant factors and/or hardships as well as alternatives explored, and a response to the findings of the Director that resulted in the denial. The appeal shall be conducted in accordance with Chapter 3 of this Code. Sec. 33-244. - Site Selection Guidelines and Criteria. (a) The Director may authorize new poles within the public rights-of-way, or wireless facilities in underground utility areas, only with a finding that such new pole or wireless facility, as applicable, is necessary to avoid prohibiting or having the effect of prohibiting the provision of personal wireless services pursuant to the United States Telecommunications Act of 1996 (47 U.S.C. §332(c)(7)(8)(1)(II)). (b) Traffic Obstruction. The placement of the facility shall not permanently impede vehicular or pedestrian traffic flow, nor shall such installation violate siting regulations imposed by the California Public Utilities Commission. (c) No modification to above -ground or at -grade facilities, including those related to size, color and shape of the housing, may be made by the applicant without first having obtained approval of the Director. Sec. 33-245. - Visual Impact Guidelines. (a) Unobtrusive Design. Wireless facilities shall be designed to be as visually unobtrusive as feasible. Colors and designs must be visually neutral, integrated and compatible with surrounding buildings and/or uses in the area. Facilities shall be sited to avoid or minimize obstruction of views from adjacent properties and otherwise preserve the aesthetic integrity of the public right-of-way. (b) No component of a wireless facility shall extend seven (7) feet beyond the top of a pole. However, no facility located within one -hundred and forty (140) feet of a residential property shall exceed thirty-five (35) feet in height. Additionally, no facility shall exceed sixty (60) feet in height from the ground level as measured from the nearest street curb. The Director may waive these requirements if necessary to accommodate General Order 95 of the California Public Utilities Commission or a design permitted by the Guidelines. (c) No facility shall be illuminated unless specifically required by the Federal Aviation Administration or other governmental agency for security or clearance purposes. Ordinance No. NS -XXX Page 14 of 21 50A-18 (d) Signs and Advertising. No advertising signage or identifying logos shall be displayed on any facility except for small identification, address, warnings, and other similar information plates. Such Information plates shall be identified in the application and shall be subject to approval by the Director. Sec. 33-246. - Noise. Wireless facilities and all accessory equipment and transmission equipment must comply with all noise regulations pursuant to Article VI of Chapter 18 of this Code. Sec. 33-247. - Public Safety Guidelines. (a) Arterial Highway Pedestrian Passage. In public rights-of-way that are designated in the Circulation Element of the City's General Plan as "arterial" streets or highways, and which have an existing sidewalk, the facility should be located on the sidewalk or parkway such that there is a minimum of six feet (6) of unobstructed distance between the edge of the facility and any private property, in order to provide sufficient clearance for pedestrians and wheelchairs. If the paved sidewalk is less than six feet (6') wide, the applicant may propose to construct additional sidewalk to meet this requirement; provided, however, that a sufficient length of sidewalk shall be constructed to meet the six-foot (6) standard described in this subsection. The facility shall be installed in the public right-of-way with a minimum of eighteen inches (18") of unobstructed distance maintained between the edge of the facility and the edge of the curb face. (b) : Non -Arterial Highway Pedestrian Passage. In public rights-of-way that are not designated in the Circulation Element of the City's General Plan as "arterial" streets or highways, and which have an existing sidewalk, the facility shall be located on the sidewalk or parkway such that there is a minimum four feet (4') unobstructed distance between the edge of the facility and any private property line, in order to provide sufficient clearance for pedestrians and wheelchairs. If the paved sidewalk is less than four feet (4) wide, the applicant may propose to construct additional sidewalk to meet this requirement if possible; provided, however, that a sufficient length of sidewalk shall be constructed to leave no discontinuities in the new path of access. The facility shall be installed in the public right-of-way with a minimum of eighteen inches (18") of unobstructed distance maintained between the edge of the facility and the edge of the curb face. (c) Unpaved Sidewalks. In public rights-of-way with no existing sidewalk pavement, the facility shall be located in the parkway such that there is a minimum four feet (4') unobstructed distance between the edge of the facility and any private property line, in order to provide sufficient Ordinance No. NS -XXX Page 15 of 21 50A-19 clearance for pedestrians and wheelchairs by one of the following methods: 1. Where there is no curb face, the facility shall be installed in the public right-of-way with a minimum of four feet (4') of unobstructed distance between the edge of the facility and the edge of the paved street. 2. Where there is a curb face, the facility shall be installed in the public right-of-way with a minimum of eighteen inches (18") of unobstructed distance between the edge of the facility and the edge of the curb face. (d) Vehicular Line of Sight and Sight Distance. The facility shall not be located in the "visibility triangle," defined as that portion of both public and private property located at any comer and bounded by the curb line or edge of roadway of the intersecting streets and a line joining the points on the curb or edge of the roadway of the intersection streets forty-five feet (45') from the point of intersection of the extended curb lines or edges of roadway. The facility shall not be located adjacent to street intersections, driveways and alley intersections where they would reduce the sight distance for existing vehicular traffic to less than the distance required by City standards on file with the Public Works Agency. Sec. 33.248. - Cell on Wheels (COW). (a) The Director of Public Works will direct the applicant as to what permit(s) are required to place a COW in the PROW, on a case-by-case basis. (b) The setup location requested for the COW will be reviewed and at the discretion of the Director or designee may be modified to ensure public health and safety. (c) The duration of a permit for a COW will be no longer than is necessary to establish the network and provide the temporary coverage required by the event or emergency. (d) At the discretion of the Director or his or her designee, the permit may be revoked or modified when in the best interest of the City. Sec. 33-249. - Maintenance Standards. All wireless facilities subject to this section shall comply with the following standards: (a) Inspection and Reporting. The owner of the facility when directed by the City, must perform an inspection of the facility and submit a report to the Public Works Agency. Additionally, as the City performs maintenance on City infrastructure, additional maintenance concerns regarding the facility may be identified. These will be reported to the owner of the facility. The City shall give the applicant thirty (30) days to correct the identified maintenance concerns after which the City reserves the right to take any Ordinance No. NS -XXX Page 16 of 21 50A-20 action it deems necessary to rectify the issue, which could include revocation of the permit, and applicant shall reimburse the City for all expenses associated with that ameliorative action. The burden is on the applicant to demonstrate that the proposed facility complies with the requirements herein and the Guidelines. (b) Safety and Maintenance. The applicant shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the approved site plans, the Guidelines, this Section, and all conditions in the permit. The applicant shall keep the site area free from all litter and debris at all times. The applicant, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within forty-eight (48) hours after the applicant receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. The applicant shall provide on-going maintenance of its facilities, including ensuring the facilities are reasonably free of: 1. General dirt and grease. 2. Chipped, faded, peeling and cracked paint. 3. Rust and corrosion. 4. Cracks, dents, blemishes and discoloration. 5. Graffiti, bills, stickers, advertisements, etc. 6. Broken and misshapen structural parts. (c) If an applicant discontinues use or abandons any facility for a period of six (6) months or more, the applicant shall immediately notify the Director, remove the equipment and restore the site to the condition it existed prior to installation of the facility in a manner approved by the Director, (d) Facilities shall be replaced, In kind, within forty-five (45) days, if routine or emergency maintenance is not sufficient to return the equipment to the condition at the time of installation. Sec. 33-250. - Compliance. with Applicable Law and Regulations. This Article is not intended to be the exclusive means of regulating installation of wireless facilities In the public rights-of-way and nothing herein is intended to waive any other applicable City requirements, including but not limited to building permit, storm water runoff, business license, excavation and undergrounding regulations. The applicant shall obtain all permits, licenses, and similar authorizations that are required by other governmental entities for the installation of its wireless facilities. The applicant must also comply with all applicable statutes, ordinances, rules, regulations, orders, and decisions issued by any federal, state or Ordinance No. NS -XXX Page 17 of 21 50A-21 local governmental body or agency, including without limitation those issued by the California Public Utilities Commission and the Federal Communications Commission. Sec. 33-251. - Nonexclusive Use of Public Rights -of -Way. All permits to construct or place wireless facilities in the public right-of-way shall be nonexclusive. The granting of a permit under this Article by the City does not provide any permittee with an exclusive use of the public right-of-way. All facilities permitted by this Article shall, upon the reasonable demand of the Director, be relocated if required by the City to avoid potential conflicts with a proper governmental use of a street, alley, sidewalk or other public place. All expenses incurred in relocating shall be paid by the applicant. Sec. 33-252. - Submittals. Prior to the issuance of any permit, each Applicant shall provide the Agency with evidence that it has obtained all applicable business licenses, state permits, and other licenses, as well as insurance in an amount and form specified by the Agency. Sec. 33-253. - Indemnity; Insurance. (a) As a condition of permit issuance under this Article, each applicant shall: 1. Indemnify and hold harmless and defend the City of Santa Ana, its officers and employees from and against any and all suits, actions, judgments, losses, costs, demands, claims, expenses (including attorney's fees), damages, and liabilities of every kind for any and all claims for damage to property, or injury to, or death of persons arising out of or resulting from the issuance of the permit or the placement of the facility, except to the extent any damage or injury is due to the negligence or willful misconduct of the City, its officers or employees. 2. Obtain and file with the Clerk of the Council, and thereafter maintain during the term of any such permit, certificates evidencing commercial general liability insurance policy or policies, approved as to form by the City, issued by an insurance company or companies authorized to do business in the State of California. The City of Santa Ana, its officers and employees shall be named as additional insureds on said policy or policies. Unless the Guidelines specify otherwise, the policy limits of said insurance policy or policies shall be not less than one million dollars ($1,000,000.00) combined single limit for both bodily injury and property damage, or equivalent. Said policy or policies shall also contain a provision that no termination, cancellation, or change of coverage of insured Ordinance No. NS -XXX Page 18 of 21 50A-22 or additional insured shall be effective until after twenty (20) days' notice thereof has been given in writing to the Clerk of the Council. (b) Applicants who self -insure shall so state and attest in writing in the Application, which self-insurance in an amount equal to the amount required by this Article or the Guidelines, whichever is higher, shall be subject to approval by the City. Sec. 33-254. - Coordination with other Projects In Public Rights -Of -Way. To the maximum extent possible and as permitted by law, an applicant shall design and schedule its Work so as to coordinate its Work with other persons installing, constructing, or maintaining wireless facilities and other infrastructure in the public right-of-way and with the City. Sec. 33-255. - Provisions for Underground Utility Districts. If a wireless facility is placed on a utility pole or other structure that becomes an underground utility district, adopted by resolution of the City Council, the wireless facility must be relocated to another structure at the owner's expense. Relocation of the wireless facility Is subject to this code. Sec. 33-256. - Protection of Urban Forest. The applicant may be required to retain, at Its own cost, a certified arborist to advise the applicant's contractor doing underground work in the public right-of-way as to appropriate locations for underground vaults, conduits and other equipment and root pruning techniques, if needed, so as to ensure minimal impact to existing trees and other landscaping materials that are a part of the City's urban forest. The applicant's arborist shall coordinate. their work with city staff. Sec. 33-257. - Non -Compliance; No Waivers. No permittee shall be excused from complying with any of the provisions of this Article by any failure of the City on any one or more occasions to seek, or insist upon, compliance with any requirements or provisions of this Code. Regardless of the City's failure to seek compliance on any occasion, such action shall not be considered a waiver of any requirements of this Code. Sec. 33-258. - Future Changes in the Law. The City's rights under this Article are coextensive with the City's rights under state law with regard to the use of the public right-of-way by telephone corporations (as defined by the Public Utilities Code). If future changes to state or federal law authorize the City to regulate telephone corporation activity within the City and the public rights- of-way to a greater degree than is now authorized by this Article, nothing in this Article will be deemed to limit, restrict in any way, or to modify the City's exercise of that regulatory authority. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of Ordinance No. NS -XXX Page 19 of 21 50A-23 any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentence, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which Violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 6. This ordinance shall become effective thirty (30) days after its adoption. SECTION 7. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: It., J n M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 50A-24 Ordinance No. NS -XXX Page 20 of 21 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50A-25 Ordinance No. NS -XXX Page 21 of 21 50A-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 TITLE: RECEIVE AND FILE THE SANTA ANA JAIL REUSE FEASIBILITY STUDY (STRATEGIC PLAN GOAL NO. 1, 5) Cltd MANAGER RECOMMENDED ACTION Receive and file the Santa Ana Jail Reuse Feasibility Study. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER The City of Santa Ana owns and operates a 512 bed' Type 2 Jail facility that is attached to the Santa Ana Police Department Administrative Building. The Santa Ana Jail, along with the adjoining Police Administration building, opened in 1997 and since that time has offered bed space to local and federal agencies to house detainees. The City of Santa Ana issued debt to construct the Jail and Police Administration building that will be paid off in 2024. As a part of the jail operations, the City operates a booking operation for use by Santa Ana Police. The Santa Ana Jail does not hold or incarcerate any of the local arrestees for felonies at this facility, rather they are transferred to the County Jail where they are held at no cost to the City of Santa Ana. The Santa Ana Jail currently has 104 full-time budgeted employee positions, 71 of which are Correctional Officer positions. On December 6, 2016, the City Council authorized staff to release a Request for Qualifications (RFQ 16-143) for a Jail Reuse Study. The Jail Reuse Study consisted of three elements: 1) Reuse of the jail facility, 2) Jail conditions assessment, and 3) Alternatives for detention. The RFQ was released on December 12, 2016 and responses were due on January 31, 2017. The City Council awarded a contract to Vanir Construction Management, Inc. on April 5, 2017 to complete the Jail Reuse Study at a cost not to exceed $125,000, which was completed. Santa Ana Jail Reuse Feasibility Study The Jail Reuse Feasibility Study outlines the reuse options approved by the City Council for analysis and evaluation. The analysis and evaluation process includes a description of each jail reuse option, facility building/system modification requirements, analysis of the advantages and opportunities, and unresolved issues. The Study identifies the estimated cost, estimated construction duration, and correction staff necessary for each scenario. Table 1 below provides a summary of the findings in the report. 65A-1 Receive and File Santa Ana Jail Reuse Feasibility Study September 4, 2018 Page 2 Rank SantjAna Jail Reuse Study Reuse Options Construction Cost Months Correction Staffing. 1 Temporary Jail Holding Facility (Type 1) $0 0 54 2 Transitional Community Re -Entry Treatment Facility $13M 3 131 3 General Commercial Office Space $23M 15 0 4 Homeless Shelter $4.31VI 9 0 5 Data Center $17M 26 1 0 T�LIo 1 The Study does identify three unresolved areas that would require additional consideration by the City. This includes the operational impacts resulting from options that would eliminate the Santa Ana Police Department's ability to continue booking operations, revenue -forecasting impacts, and multi -use building option implementation impacts. Recommendation The Study completed by Vanir Construction Management, Inc. does not include a recommendation for the City Council to consider as the intent of the report is to provide unbiased options with no preconceived assumption. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 - Community Safety and Objective #5, (provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana) FISCAL IMPACT There is no fiscal impact associated with this action. Exhibit: 1. Jail Re -Use Study 65A-2 M VANIR _\ y .C" n n`f- 14 A AUGUST 2018 { PUBLIC COPY August, 2018 Prepared by: Vanir Inc. Headquarters: 4540 Duckhorn Drive, Suite 300 Sacramento, CA ■T/ A L' I 1: j 3200 Park Center Drive #320 Area Office: Costa Mesa, CA Solutions for Success 65A-4 Acknowledgments The Santa Ana City Jail Reuse Feasibility Study could not have been finalized without the invaluable assistance from Jorge Garcia, Assistant to the City Manager and Christina Holland, Administrator and PREA Coordinator for the City's detention facility. Throughout this project, both individuals have devoted significant time and effort to make sure informational requests were handled promptly and thoroughly. Jorge Garcia developed and implemented a public process to secure community feedback on the options the Vanir consultant team would analyze and report back to the City Council through the Jail Feasibility Reuse Study. His work with the City stakeholders and identified interest advocates was used to gather public concerns and other potential impacts associated with the jail reuse options the City is evaluating. Jorge organized three community meetings which were held with the (1) Santa Ana Chamber of Commerce Government Affairs Council, (2) interested local Santa Ana community advocacy groups, and (3) citizen forum conducted at the City Council's chambers. The goal of these three planning sessions was to secure resident input on key reuse options the consultant team should focus its analysis on when considering the conversion of the jail to potential other uses. Christina Holland is the other individual the consultant team needs to recognize. In the course of this Study, our consultants have had extensive discussions and interaction with jail management staff, supervisors, and other support personnel. Under Christina's leadership, it is extremely evident that the City Jail complex is professionally managed and provides for the safety of the community. Her management philosophy strives to promote secure, safe, and humane housing for pretrial and sentenced inmates. Staff appear to be striving to respond to the public and provide service that is of the highest quality. Management procedures adhered to in the Jail reflect reasonable basic contemporary detention practices. Management has established procedures dictating acceptable practices in such areas as security and control, inmates' rights, communication, mail and visiting, facility rules, admission, orientation, property control, and release. The Jail is also implementing principles of direct supervision as an efficient management tool to achieve cost-effective operations and increase communication with inmates while maintaining effective control. Operation of the Jail facility is consistent with the principles of detention supervision and management and correctional officers work at all times to meet minimum jail standards as defined in Title 15 of the California Code of Regulations. The programs and services the staff also oversee are being made available to influence positive behavior with the intent to provide the opportunity for detainees to enhance their educational and social skills. Jim Aboytes Project Director Vanir Construction Management, Inc. 65A-5 ACKNOWLEDGEMENTS Pagel SECTION 1: EXECUTIVE SUMMARY 1-29' Need For Jail Reuse Feasibility Study 1 Santa Ana City Jail Condition Assessment Key Conclusions 3 j Five Jail Reuse Evaluation Options 4 Jail Use Feasibility Options Parking Impact 9 Estimated Timeline to Implement Jail Reuse Facility Options 10 Comparative Summary Construction Cost Analysis 11 Major Observations and Jail Reuse Priority Rankings 14 Unresolved Issues 28 Organization and Content of Report 29 SECTION 2: INTRODUCTION AND STUDY PLANNING APPROACH 30-37 Santa Ana City Jail Profile / Overview 30 Jail Reuse Feasibility Study 32 . Planning Approach and Scope of Work 33 ■ Task 1: Review of Current Detention System Issues and Reconfirm City Goals/Objectives and Overall Purpose For the Future Direction of the City Jail 33 - Task 2: Collection and Analysis of City Jail Population Trend Data, Staffing, Operational Costs and Inmate Programs/Services Information 33 ■ Task 3: Review of the City Jail's Building Characteristics, Space, and Physical Security/Custody Arrangements 34 ■ Task 4: City Council Workshop to Begin Identifying Priority Options For Jail Reuse Feasibility Study 34 Task 5: Prioritize and Analyze Primary City Jail Reuse Options for Council Consideration 35 Task 6: Prepare City Jail Reuse Feasibility Study Options Report 37 1 SECTION 3: JAIL FACILITY DESCRIPTION 38-53 Santa Ana City Jail Site Location and Physical Plant Characteristics 38 Jail Functional Use Area Space Allocations 40 Jail Operational Overview and Staffing 41 Jail Facility Condition Assessment and Summary Evaluation Overview 42 California Jail Database Space Comparisons 48 Facility Photographic Layout 51 j SECTION 4: ANALYSIS AND EVALUATION OF JAIL REUSE OPTIONS 54-127 i City Council and Community Stakeholder Outreach Public Workshop Study Input Process 54 Examples of Other Jail Reuse Facilities 57 Facility Reuse Option Assessment: Jail Use As a Temporary Holding Facility 60 Description of Jail Reuse Option 61 Facility Building / Systems Modifications 66 R Fiscal Analysis 67 - Advantages / Disadvantages Considerations 69 , ■ Recommended Option Implementation Ranking 71 65A-6 Page Facility Reuse Option Assessment: Jail Use With Transitional Community Reentry Treatment Programs 72 • Description of Jail Reuse Option 72 • Facility Building / Systems Modifications 78 ■ Fiscal Analysis 79 • Advantages / Disadvantages Considerations 83 • Recommended Option Implementation Ranking 85 Facility Reuse Option Assessment: Community Commercial Office Space Use Facility 85 1 • Description of Jail Reuse Option 85 • Facility Building / Systems Modifications 88 • Fiscal Analysis 92 • Advantages / Disadvantages Considerations 94 • Recommended Option Implementation Ranking 97 Facility Reuse Option Assessment: Homeless Shelter Housing and Supportive Services 97 • Description of Jail Reuse Option 98 ■ Facility Building / Systems Modifications 103 • Fiscal Analysis 109 ■ Advantages / Disadvantages Considerations 110 • Recommended Option Implementation Ranking 14' 114- Facility Reuse Option Assessment: Commercial Data Center Use 115 • Description of Jail Reuse Option 115 • Facility Building / Systems Modifications 118 ■ Fiscal Analysis 124 • Advantages / Disadvantages Considerations 124 • Recommended Option Implementation Ranking 127 APPENDICES Appendix A. Santa Ana City Jail Functional Use Area Square Footages and Space Adjacencies Graphic Charts by Facility Level Appendix B. Jail Facility Condition Assessment and Evaluation Report Appendix C. Comparison of Prior Jail Staffing Levels With Proposed Temporary Jail Holding Facility Reuse Option Appendix D. Comparison of Prior Jail Expenditures and Revenue Cost Analysis Trends With Proposed Temporary Jail Holding Facility Reuse Option Appendix E. Santa Ana City Jail Reuse Options Detailed Construction and Project Cost Estimates 65A-7 SECTION 1: EXECUTIVE SUMMARY Santa Ana City Jail Reuse Feasibility Study Santa Ana is the second largest city in Orange County and the eleventh largest in California. The City Council's Strategic Plan Alignment effort focuses on two major goals: (1) community safety, and (2) providing high quality police and fire / emergency medical services within the City of Santa Ana. Based on extensive community and City Council discussions, the Vanir consultant team was selected and tasked with evaluating five Jail reuse feasibility options for the Santa Ana Jail facility and making recommendations to the City Council. The consultant team included experienced (a) jail designers, (b) architects, (c) a former United States Bureau of Prisons Building Chief, and (d) Criminal Justice Research Foundation. The Jail is located at 60 Civic Center Plaza in downtown Santa Ana In FY 2016-17, the Santa Ana City Jail's adopted operational budget totaled $18.4 million. Inmate housing contracts the City had negotiated with the Federal Bureau of Prisons, U. S. Marshal's Service, and Immigration and Customs Enforcement (ICE) agency combined with jail kitchen rental fees, miscellaneous booking fees, and Jail Pay -to -Stay Program provided offsetting revenues of approximately $16.1 million. These offsetting budget revenue sources lowered the annual fiscal deficit for the detention facility to approximately $2.1 million plus reoccurring debt service which continues through 2024. In prior years, the operating fiscal deficit for the Jail had ranged from $3.5 to $5.1 million. This was in addition to the reoccurring debt service the City pays as a result of the financial arrangement entered into for the original design and construction costs for the Civic Center Plaza facility. This operating budget deficit historically has been covered through a general fund allocation reviewed by the City Manager's Office and annually approved by the City Council. Beginning in late 2016, the City Council and community's response to the continuing operation of the City's pretrial / sentenced jail custody detention facility came into question. It began to be seriously reconsidered, particularly as immigrant advocacy groups across California and throughout the country 65A-8 more vocally started challenging Federal law enforcement apprehension / detention arrest policies involving individuals identified as "illegal" alien residents. California jurisdictions, particularly cities, initiated lawsuits, public protests, and took other steps to limit local jails cooperation and notification procedures to immigration enforcement agencies like ICE whenever these categories of incarcerated residents were housed in local detention facilities. Some jurisdictions have labeled their communities as "sanctuary cities" in greater defiance of the Federal detention notification requirements jail administrators traditionally have followed when handling ICE detainees. In December 2017 after extensive discussion with a range of community residents, Santa Ana advocacy groups, immigrant family service providers as well as the Police Department and Jail staff, the City Council took steps to limit the total number of detainees who could be incarcerated in the City Jail under the contract agreement with ICE. The City Council voted to modify the ICE contract to reflect the new policy direction the Council wanted to pursue. Shortly after the City Council's actions, the Immigration and Custom Enforcement (ICE) California Administrator notified the Jail of their intent to terminate their inmate housing contract with the City within 90 days. After this notification, ICE began removing their contract prisoners from the detention facility. Many of the detainees were transferred to a new contract ICE had established with the Orange County Sheriffs Department for the temporary holding of ICE detainees. The loss of the ICE contract reduced the average daily inmate population at the Santa Ana Jail by nearly 250 inmates. This resulted in a new operating fiscal deficit of approximately $10.5 million, not including debt service. With the reduction in daily inmate occupancy caused by several factors (a decline in area criminal activity resulting in fewer arrests and bookings into the Jail, and the elimination of the Immigration and Customs Enforcement (ICE) contract), the Santa Ana City Council decided to focus on repurposing the available floor space at the facility. With a two year temporary infusion of United States Marshal's Service inmate housing needs due to renovation activities at their Los Angeles facility and the question of how the Jail facility could provide future service to the community and/or potential income to the City, this Jail Reuse Feasibility Study was initiated. The Study focuses on the evaluation of several key reuse options of interest to the community and Council members. The Vanir consultant team worked with the City Managers office staff to develop and implement a series of analytical tasks which were designed to identify, evaluate, and prioritize key jail reuse options for City Council and community consideration. As a result of this work, five major building options were established which would be thoroughly assessed by the consultant team and a report developed highlighting the information, results, and conclusions which emerged from the analysis. The options included two jail facility use considerations and three other facility reuse options involving (a) community space usage as a general office work environment, (b) other institutional use as a homeless shelter, and (c) commercial use as a data center. The five study options finalized for this follow-up feasibility analysis is summarized and highlighted in the following: Five Jail Facility Reuse Options Evaluated by Consultant Team i • Jail Use: Includes the continual operational use of the Type II Jail facility as a temporary holding facility which can only detain individuals up to 24 hours. ! • Jail Use: Includes expanded rehabilitative services including transitional community reentry treatment programs. • General Commercial Office Use: Includes office complex with individual offices / staff work stations, public lobby / restrooms, staff lounge and other ancillary spaces. • Other Institutional Use: Includes homeless shelter housing with supportive services space. • Commercial Use: Includes development of data center with support space for specialized automated equipment and related required staff offices and other dedicated areas. 65A-9 The City Jail Complex is a full-service, four -level, low-rise adult detention facility containing space for (a) vehicle sallyport, (b) Intake and release, (c) inmate housing and dayrooms, (d) visiting, (e) medical / mental health services, (f) inmate programs, (g) food services, (h) laundry, (1) visitor and staff circulation, Q) Central Control operations, (k) maintenance and storage, (1) outdoor recreation, and (m) jail administration. The facility can provide a full spectrum of inmate education programs, counseling services, medical and psychological services. The total detention system building area contained in the jail's four levels consists of 168,243 square feet of usable space. Level one contains the largest area in the building, followed by inmate housing space on levels three and four. The second level contains the smallest area of space where administrative functions and inmate release processing occurs. An important part of the Jail Reuse Feasibility Study included the collection of summary information about the detention facility's physical plant condition and building systems strengths and weaknesses. The condition assessment focused on factors related to the correctional facility such as (1) configuration and intended security levels, (2) defined uses of the facility, (3) physical condition of the building elements, (4) quality of the space, (5) circulation, location adjacencies, and level of privacy, and (6) ability to achieve intended security and level of safety for staff and inmates as well as compliance with standards. The overall assessment and summary key conclusions included the following: Overall Assessment and Summary Conclusions The Santa Ana City Jail has a Board of State and Community Corrections (BSCCj rated custody housing capacity for 480 Inmates. The facility has a physical total capacity of 512 beds. The jail consists of both single, double -occupancy, and dormitory housing settings. The combination of settings allows for a flexible placement of inmates that adjusts with fluctuating classification and security population needs. The detention facility was originally constructed as a new generation podular jail with direct supervision tiered inmate housing units with adjacent dayrooms, classrooms, medical space, visiting, and general circulation. The Jail is extremely well maintained and professionally managed. Assignment of inmates to security status is based upon the consistent application of rational classification and segregation practices. Maximum inmate -staff interaction is encouraged in order to reduce staff stress, conflict and related problems of inmates' management including security. The jail uses a combination of supervision, inspection, accountability, and clearly defined policies and procedures on the use of security to promote safe and orderly operations. The day-to-day operation of the facility is consistent with the principals of detention supervision and management and Correctional Officers work to meet at all times minimum jail standards as defined in Title 15 of the California Code of Regulations. The BSCC Biennial Jail Inspections show that the personnel employed in the facility are in full compliance with jail operations training provisions contained in Title 15 and facility operations and the physical plant meet minimum jail operational standards. The building and systems condition assessment and evaluation work carried out for the Jail Reuse Study shows the Jail's overall condition is very adequate for a California detention facility. The building is predominately of concrete wall construction which shows no signs of structural failure or wear requiring maintenance or upkeep. High quality finishes such as granite, porcelain fixtures, wood doors, and flooring throughout the facility make it one of the most attractive detention facilities in the state. All the ceilings in secure areas are very substantial heavy perforated steel mesh. Locking devices throughout the facility appear to be serviceable and suitable for their intended function. Sliders ran well and appeared to be very well maintained. Manual locking devices appeared to function as intended and were well maintained. The HVAC unit which was inspected is manufactured by York and original to the building. It is equipped with 65A-10 manual smoke evacuation in the housing units. The system appears to operate normally. Forty to forty -rive HVAC units were replaced with VFD models two to three years ago with only a few left to be replaced. The Fre alarm system is EST. It is original to the building and is operating without issues. The sprinkler heads are original to the building and are functioning as intended. The Cutler Hammer electrical system is original to the building and is operating without issues. Circulation inside the facility as well as the tunnel is well maintained and adequate in most areas. The Public Area/Lobby of the facility is adequate and meets current needs. The high- end finishes make for an impressive entry into the second floor of the facility. The Jail does haves three key problem areas that include (1) lack of sufficient ADA compliant medical and mental health treatment space, (2) lack of adequate classroom and program space for peak populations, and (3) aging security electronics equipment and plumbing systems throughout the facility. The medical and mental health treatment areas are severely deficient in space compared to other medium-sized detention facilities In California of the comparable age. The jail is also in need of some security system upgrades. Out-of-date and difficult to use equipment puts an undue hardship on staff. Current classroom space is also inadequate to serve a maximum population. Ideally, the facility's program space should be large enough to conduct a wide range of programs and services made available through contract professional providers and volunteers from the community. The building's plumbing piping is also in need of repair or replacement. A comparative analysis with 19 California jails with predominately double -occupancy cells and rated capacities for 300-600 inmates like the City Jail shows that the facility's functional use areas are generally consistent with space allocations among these facilities. The exceptions, however, include medical / mental health space, administration area, Central Control room, and smaller dayrooms located adjacent to the existing eight inmate housing units. The average square foot per bed devoted to inmate programming activities and visitation are also slightly lower. The most significant interior space difference appears to involve the medical / mental health services area which is nearly 6-1/2 square feet lower per rated inmate bed than other comparable California detention facilities. From an outdoor jail perspective, the overall size of the vehicle sallyport is larger than the average of the facilities included in the comparative analysis. The analysis further shows that the facility's quasi -outdoor recreation yards are somewhat smaller compared to other California jails. The City Jail devotes nearly 16.5 square feet of total building space per rated bed to recreation while the comparison facilities allocate approximately 23.4 square feet per bed. The analysis and supporting evaluation data assembled through this Feasibility Study has been purposely organized, formatted, and summarized to expedite the reader's comparative assessments and conclusions drawn about the overall advantages, disadvantages, negative impacts and cost to implement the two Jail and three facility reuse options highlighted in this Study. The Report contains a comprehensive detailed description of the five primary reuse options which might be pursued to either change (a) the detention facility's operational functions, or (b) repurpose the configuration and building structure to accommodate different institutional or commercial uses. The follow-up analysis and analytical evaluation work directed to the five reuse options focuses on areas involving (a) facility building / systems modifications, (b) functional use area space impacts, (c) fiscal analysis, and (d) major implementation observations and recommendations about the ranking of the study options. The suggested potential scenarios the consultant team examined included the following Jail reuse options: 65A-11 Suggested Potential Jail Facility Reuse Scenarios Temporary Jail Holding Facility This Jail Reuse Feasibility Option would continue the operational use of the Type II Jail as a temporary holding facility which can only detain individuals up to 24 hours. Established Jail policies and custody procedures would still be in effect. The temporary holding facility would also comply with State minimum detention standards governing adult incarceration practices. Implementation of this option would require access and daily use of rive primary building spaces including (1) vehicle sallyport, (2) intake processing / release, (3) administration unit (4) lobby / public area, and (5) Central Control room. These spaces contain 41,369 square feet of building area and represent 26.3% of the Jail's total functional use area space. The vehicle sallyport space would still serve as the secure area where law enforcement officers can transition arrestees from an automobile to the Jail for booking. The intake / release area would also still serve as the space where arrestees and Inmates enter or leave the Jail. After the law enforcement officer leaves and the processing and identification is completed, the arrestee will be placed in the docile holding area or secure holding cell. While in intake, medical screenings are given to those arrestees requiring immediate medical or mental health attention. Doctors and mental health crisis specialists will be contacted if needed. The second floor intake area handles all post arrest release processing. The Jail's administration area is located off the lobby entrance on the second floor of the City Jail. The area contains 13 cubicles of varying size, four offices for the Jail Administrator and other personnel. The roll call room seats approximately 25 officers and includes a small break area. The administration area also contains (a) 2 two -stall restrooms for male and female employees, (b) staff lockers, (c) a small kitchen, and (d) a copy room. Three other support private staff offices are also located in this space. The Jail has one main entrance In the front of the building that opens into the facility's second floor which will continue to be used. This area also contains public toilets, water fountains, telephone, and public seating. There is one secure enclosed Central Control room In the Jail. The Control Room will also continue to be used because it contains door controls, elevator control, video monitoring system to various locations in and around the facility, and a unisex staff restroom. Based on the yearly average number of City Jail intake bookings of 7,134, assuming all detainees are incarcerated for no more than 24 hours, the Santa Ana City temporary Jail holding facility would likely have an average daily population (ADP) of 20 or less male or female inmates. If historical trends continue in the near future, a temporary holding facility would likely process an average 595 intakes each month or 20 per day. ■ Transitional Jail Community Reentry Treatment Facility This Jail Reuse Feasibility Option maintains the building as its intended use, a Jail, but with expanded transitional community inmate reentry treatment and support programs. Established Jail policies and custody procedures would still be in effect. The reentry treatment facility would also comply with State minimum detention standards governing adult incarceration practices. The Jail reentry treatment housing and counseling services operational model could be implemented with City custody staff supplemented with newly hired, experienced reentry community program specialists and contract qualified "best practice" service providers. The expanded programming could be directed at sentenced offenders using a leased facility arrangement for detention beds with another correctional agency including (1) the United States Bureau of Prisons, and/or (2) California Department of Corrections and Rehabilitation (CDCR). Expansion of City Jail inmate services would include (a) evidence -based risk and needs assessments, (b) cognitive behavioral therapy, (c) mental health and alcohol / drug counseling, (d) job / education assistance, and (e) development of transitional reentry 65A-12 plans. This feasibility option with its targeted reentry programming / treatment intervention models would utilize the 168,243 square feet of useable space contained in the four -level footprint of the entire Jail complex. In order to accommodate these expanded services, additional programming and classroom space would need to be developed. This option would enclose and transform the third floor quasi -outdoor recreation yard into a large, habitable program room(s) containing approximately 2,200 square feet of area. The renovation of the recreation yard and conversion to program space would provide a facility -wide total area containing 7,033 square feet for classroom activities. This would raise the dedicated classroom / program areas in the City Jail to approximately 4.2% of the total 168,243 square feet contained in the building. This expands available classroom and programming space at the Jail by nearly 40.0% compared to what is found in typical California jail facilities. The specific best practice programming components that could be considered for introduction and use include (a) assessing the clinical and social needs, and public safety risks of the incarcerated offender population, (b) planning (short- and long-term) for treatment and services required to address the offender's needs, (c) implementation of evidence -based in -custody rehabilitation programs designed to reduce recidivism with adult offender populations, (d) identifying required community and correctional programs that can assist with post -release services, and (e) coordinating the transition plan to ensure implementation and avoid gaps in care. This programming would likely cover five major offender areas including (1) academic, vocational and financial, (2) alcohol and other drugs, (3) aggression, hostility, anger and violence, (4) criminal thinking, behaviors, and associations, and(5)family, marital and relationships. A key element of the services will continue to be cognitive behavioral therapy models which identities how thinking and behavior are related and encourages offenders to take personal responsibility for both. The expanded programming would build on the current inmate services in place at the City Jail facility. Additional groups and individual counseling services would be developed and implemented. ■ General Commercial Office Space Use This Jail Reuse Feasibility Option converts the Santa Ana City Jail to a general commercial office complex space use. This complex would contain individual offices, staff work stations, public lobby / restrooms, staff lounges, and other ancillary spaces which could be leased to individuals and small business operations. Renovation of the building would involve the Jail's four levels containing approximately 168,243 square feet. This feasibility option keeps the hardened utility walls in place to provide access for mechanical, electrical, and plumbing (MEP) systems, plus communications (telephone, data, and Internet) upgrades. These upgrades are needed to ready the available spaces for office use and for continued maintenance following the building's transition. Conversion of the Jail to an office center would make good use of all existing building spaces, including inmate housing, as the majority of requirements to do so are surface / facial only. The building structure layout which includes large column bays at 30 feet by 50 feet is well suited for offices. The public lobby is in excellent condition and with the removal of some of the security glazing, it will make for a very professional entrance to the office complex. The housing units on the third and fourth floors (including mezzanines) are well suited for small offices, cubicles, and privacy stalls for non -permanent / co -work occupants. With high ceilings and natural light in each cell and adjacent recreation yards, it can be designed to maximize space and style for a very modern look. The interview rooms and classroom space within each housing unit can also be used as large meeting and / or conference areas. Dayrooms located on the third and fourth floors can be used for general circulation, medium -to -large offices, and breakrooms. 65A-13 The quasi -outdoor recreation yards adjacent to the housing units could be converted to elegant courtyards with lush landscaping, tables and benches for staff and visitors. These areas would be suitable for outside breaks, snack, learning, quiet and meeting areas. The existing kitchen could continue operations with the installation of a small cafeteria restaurant and dining area. A combination vending machine / snack area and break room could be added for employee and visitor use as well. The vehicle sallyport could be used as designated parking for ADA access, visitors, or upper management Exterior secured sallyports can be made suitable for deliveries and private / controlled entry as deemed necessary. The nearby parking garage should adequately serve the remainder of the stairs parking needs. The facility's maintenance and storage areas are well distributed throughout the facility and should be adequate for the office space reuse option. The plumbing has been Identified as needing major work to bring the facility up to code and to supply adequate water services to meet the maximum proposed occupancy levels. Electrical systems appear to be acceptable on the first two floors, where most administrative functions occur, but will need updating in the current third and fourth floor housing units. Operable and environmentally -efficient HVAC systems are a must. A review of these systems showed they will need some updating, but not to the extent needed for the data center option as the primary function will remain as comfort -level personnel heating, ventilations, and air-conditioning. Gas, water, sewer, electrical, and telephone services will need to be re-evaluated based on the loads required to service the reuse design for the future offices, but this would be required for any of the reuse options. Systems including electrical (high and low voltage and lighting), mechanical, plumbing, internal/ external communications, access, and security will also need to be re-evaluated based on the loads required to service the reuse design for the future offices. These are most required on the third and fourth floors where these systems were previously based on minimal access and restricted use. Review of the current security elements show that the facility has both optics and sensors which make the facility safe for the purpose of the office space reuse option. Proximity to local law enforcement response is also a plus. As the building was a former Jail, no one can predict if there is any ill will harbored by previous occupants or sympathizers. The consultant's view is that with the Police Department located next door and County Jail nearby, any such threat would be minimal. As with any building, security measures should be reviewed to minimize /eliminate threat potential. The consultant team's analysis shows that the commercial office use option has the potential for developing a significant return on such an investment. Repurposing the kitchen and adding a dining area for use as a restaurant for example, would make good use of existing high-end equipment and fixtures and provide yet another potential income resource. Workspace pricing for similar office space facilities in Anaheim and Costa Mesa ranges from $300 to $400 per person /per month (on a minimum 24 -month lease agreement). In Irvine and Orange, it ranges from $400 to $500. ■ Homeless Shelter With Supportive Services Space Use This Jail Reuse Feasibility Option involves renovating and reusing the City's Jail building as a converted homeless shelter with supportive services space. The work for this option installs a canopy and staging area in the vehicle sallyport and converts the existing Jail intake / release area into a day center and reception area for the local homeless populations seeking shelter. This would include seating, personal property storage, kennels, meal service, and meeting space for programs and social service outreach efforts. The layout and function of the housing units will remain relatively the same, however, there will be moderate renovation construction costs associated with removing all soft furnishings and fixtures due to sanitation needs generally associated with this type of use. Research has shown that homeless shelters should be developed in locations that provide easy access including available public transportation and amenities. Shelters 7 65A-14 should be integrated into the community, rather than being isolated. The overall layout of a shelter should be able to accommodate a growing population. These facilities should also consider separating men, women, and women with children. Designing separate entrances for each group provides comfort for the users and a sense of security. By providing a space with endless amenities, a kitchen, dining room, work-out room, library, laundry, study rooms, career and educational center, meeting rooms, addiction treatment rooms, etc. the users have access to a one-stop center to meet their rehabilitative needs and reenter society after their stay. Jails are built to withstand heavy duty 24-hour use for many decades and the Santa Ana Jail is no different. While some modifications, such as the removal of some sallyports, and ingress and egress routes should be made to allow easier access for residents throughout the facility, the layout can lend itself to that of a homeless shelter without a major overhaul. Opening a homeless shelter takes extensive planning, community outreach, and support. If the City decides to pursue this option, it will need to develop a detailed operations plan in addition to policies, procedures, and guidelines for its staff, volunteers, visitors, and residents. This plan should include the populations it is intended to serve, the length of stay, and services offered. Vanir included some suggestions for policies and procedures throughout this report but our main focus here is on the modifications needed to convert the Jail into a general use homeless shelter. While not specifically called out in each section, all modilcations must meet current building code and ADA guidelines in addition to compliance with any state and local laws regarding the operation of a homeless shelter. Because this reuse option is a change from the custody model, codes of the day pertaining to the new use would be entbrced. The reuse from a jail to a homeless shelter has successfully been done in other jurisdictions across the country. The conversion of the Santa Ana Jail to homeless shelter would make use of all existing spaces, including inmate housing, food service, medical, security, laundry, storage, and processing. The vehicle saityport would be a good entry location as it could accommodate over 300 people that potentially would be lined up down the block waiting for facility access. The facility access portal is adjacent to the neighborhood residents and may, however, be seen as a threat to their neighborhood security and welfare. ■ Commercial Data Center Use This Jail Reuse Feasibility Option involves remodeling and reusing the City's Jail building as a commercial data center. Conversion of the building would primarily involve required changes to the facility's third and fourth floor eight housing units because they are best suited for the high ceilings and climate -controlled environment modifications required for data center functions. The building construction modifications will require (1) extensive HVAC to handle the excessive heat generated by the equipment (2) raised access floor system, (3) pre -emergent fire sprinkler systems, and (4) power and signal upgrades. Data center designs typically use a "rack unit" as the primary planning factor to estimate the necessary space, cooling and electrical power requirements. Each configuration should reflect total power, space, and floor -loading demands per rack across the layout. Just recently, rack designers, have developed a taller, wider and longer rack for more efficiency and emerging hardware. This is the primary reason why it is so important for the data center design team to identify and define the IT parameters at the outset of any project. it has been reported that recent trends show data centers older than seven years are typically obsolete. In some cases, the user's needs have grown beyond their data center's capabilities in as little as two to three years requiring relocation or expansion. Typically, for a data center investment to last 10 to 15 years, the design should be specifically tailored to encompass a business's current and future needs, or provide a 65A-15 design which allows for the flexibility to adapt to the growth and changes in the industry. For a realistic look at the design requirements for such a use, the consultants contacted the Vanir Area Manager who has the responsibility of constructing a data center building for Microsoft in Seattle, Washington. His expertise combined with the consultant team's experience and research has provided several insights as to what is needed to convert the existing Jail based on existing conditions. The most challenging aspects of this type of building change is detailed in the consultant team's analysis included in this Report. Overall, the feasibility analysis shows that the Santa Ana City Jail poses numerous challenges to integrating a state-of-the-art data center design. Based on its location, multi -story configuration, confined and compartmentalized (non -cohesive) floor plans, minimally -purposed electrical system and mechanical systems designed for personnel air conditioning only, the facilities are generally not accommodating to the demanding design requirements for a data center and will require extensive renovations to serve as a data center. The P1 Stadium Parking Garage is a five -level parking structure located at 1020 Civic Center Drive West, Santa Ana, California which is directly across the street from the Santa Ana City Jail. It is owned by the County of Orange and is operated by Parking Concepts, Inc. The parking structure is accessible Monday through Sunday, 24 -hours per day. Parking rates are $1.50 per hour (or any portion thereof), with a maximum fee of $13 per day payable by cash or credit card. Maximum interior height is 7 feet. On average, 1,200 of the 1,970 parking spaces are occupied leaving over 700 spaces free. On a weekday schedule, the number of spaces rarely exceed 65% as shown in the chart below. It should be noted Civic Center Drive Parking Structure that at approximately 2:45 PM every day there is a spike that sends the parking to 67.5% due to shift changes at the Santa Ana City Jail. The nearby City of Santa Ana Stadium seats 9,000 and can also greatly impact parking on game days. These games are usually on weekends and after hours. Approximately 900 spaces are occupied on an average weekend without a game. The graph on the following page shows the average daily use by day of the week for the P1 Stadium Parking Garage. As the usage graph shows, the Stadium Parking Garage, regardless of the day of the week, has between 53.0% - 67.5% of the available parking slots occupied. 65A-16 Based on the analysis of the parking use information, the consultant team has determined that the potential impact to parking in the immediate area of the Santa Ana City Jail, as a result of implementing each of the five jail reuse feasibility options should occur as follows: 1. Temporary Jail Holding Facility We do not foresee any changes to parking use or needs under the Temporary Holding Facility option. Staffing levels for the Jail will remain relatively the same which in tum will keep the parking needs at their present numbers. 2 Transitional Community Jail Reentry Treatment Facility There may be a slight increase in parking needs for the implementation of the Jail Reentry Treatment Facility option as staffing levels are likely to increase because of the recruitment and hiring of Reentry Program Specialists and contract community- based service provider personnel. However, the consultant team does not foresee the increase to significantly impact the parking capacity. a General Commercial Office Space Of all the feasibility options, the consultant team anticipates that the general community office space scenario will have the greatest impact on parking availability. The greatest impact will be during standard work days and hours with some increase on the weekends. The nature of the drop-in office environment makes it difficult to accurately forecast the extent of the impact until further exploration of this option has been completed. The number of offices and hours of operation will make the strongest impacts. Alternatively, the facility is located on three bus routes which may appeal to many users instead of taking their automobile to work. 4. Homeless Shelter With Supportive Services Space The consultant team does not expect the homeless shelter option to significantly increase parking in the garage over its current levels as there will be fewer staff and volunteers than working in the facility currently. However, we do anticipate the need for additional security, monitoring, and sanitizing of the structure. A large number of individuals waiting to gain access to the facility may seek shelter in or loiter near the garage, especially during inclement weather. 5 Commercial Data Center The consultant team expects the data center feasibility option will have less parking needs than the Jail's current use. Data centers by nature are not heavily staffed on a day to day basis. This will result in some lost parking revenue for the County, however, it may create an opportunity to lease spaces with other nearby businesses. The timeline durations highlighted in the following Table are based on the complexity and quality of the remodeling / refurbishment that would take place at the City Jail to accommodate the five feasibility options including (1) temporary jail holding facility, (2) transitional jail community reentry treatment facility, (3) general commercial office space, (4) homeless shelter with support services space, and (5) commercial data center use. The timeline is based on a design / bid / build construction delivery model which accounts for schedules to complete each phase of the project covering (a) design / engineering, (b) public bidding, (c) facility construction, and (d) FF&E installation. 10 65A-17 Santa Ma City Jail Estimated Timeline to Implement Jail Reuse Facility Options Reuse Facility Options Design / Engineering (months) Public Bidding months) Construction (months) FF&E Installation I (months) I Total Month Temporary Jail Folding Facility 0 0 0 0 0 Transitional Jail Community ` Reentry Treatment Facility 4 2 6 1 13 Commercial Office Complex 4 2 6 3 15 Forceless Sheller With Supportise Services Space 2 2 4 1 9 Commercial Data Center 8 3 12 3 26 A construction cost analysis was developed which included detailed expenditure information showing the overall fiscal impact the City would likely incur if each Jail reuse option was pursued through construction and ultimately implemented. The construction cost analysis included a summary conceptual cost statement showing building construction and project costs associated with each of the five Jail reuse options. The information covered cost factors that included (a) estimated range of building design changes; (b) escalated construction costs; and (c) other project -related expenses. The options and conceptual scope of work is presented as follows and summarized in the comparative construction cost analysis Table included in this section of the Report. Projected Scope of Building Modifications / Changes and Likely Construction Work Associated With the Implementation of Each Jail Reuse Feasibility Option 1. Temporary Jail Holding Facility Operationally, the inmate processing activity for this option focuses on the ground floor of the facility, primarily in the intake/release area. There are no building / system modifications or additional cost changes to continue using the existing inmate booking spaces, holding cells and connecting tunnel to the Orange County Jail. Only the (a) administration area, (b) vehicle sallyport, (c) intake space, (d) public lobby, (e) and Central Control room will be used under this option. The eight housing units on the third and fourth floors, visiting, and other detention support spaces will not be required for the temporary holding facility as arrestees will be held for no longer than 24 hours. 2 Transitional Jail Community Reentry Treatment Facility The work for this option encloses and transforms the third floor quasi -outdoor recreation yard into a large, habitable program room. The construction modifications will require lighting, power, level floor, acoustical finishes, HVAC, plumbing, and data necessary for a classroom setting. The floor of the story above makes it best suited and cost effective for this type of conversion. 3 Commercial Office Complex Space The work for this option entails converting the existing 70 square foot jail cells into small individual offices with data, telephone, WIFI, electrical, modern lighting, built-in 11 65A-18 work stations, acoustics materials, and wall finishes. Additionally, some cells would be combined into slightly larger offices and meeting spaces. Inmate housing dayrooms would be converted to larger co-worker, social, and networking areas. Public lobby / restrooms, staff lounges and other ancillary spaces would also be designed and included into the scope of construction. 4. Homeless Shelter With Supportive Services Space The work for this option installs a canopy and staging area in the vehicle sallyport, and converts the existing Jail intake / release area into a day center and reception area for the local homeless populations seeking shelter. This would include seating, personal property storage, kennels, meal service, and meeting space for programs and social service outreach efforts. The layout and function of the housing units will remain relatively the same, however, there will be moderate renovation construction costs associated with removing all soft furnishings and fixtures due to sanitation needs generally associated with this type of use. 5 Commercial Data Center The work for this option is located mainly in the third and fourth floor housing units as they are best suited for the high ceilings and climate controlled environment modifications required for data center functions. The building construction modifications will require (1) extensive HVAC to handle the excessive heat generated by the equipment, (2) raised access floor system, (3) pre -emergent fire sprinkler systems, and (4) power and signal upgrades. An estimated Statement of Probable Costs has been developed and summarized through the analysis for each option. Refinement of these estimates needs to occur throughout the programming and architectural process for each feasibility option. The consultants based the cost on general square footages that were derived through the following means: (1) discussions with staff regarding space needs, (2) hypothetical scenarios, (3) typical spaces found in correctional facilities, and related commercial building uses, (4) past practices, (5) current acceptable functional use areas / spaces utilized in the existing facility, and (6) State minimum correctional facility standards. The consultants also looked at available information for similar recently bid facilities and recognized estimating guides for correctional facility construction and commercial buildings. The resulting estimated Statement of Probable Costs are summarized under each feasibility reuse option and the costs are grouped into two categories covering (1) construction related costs, and (2) project -related costs. The construction related costs reflect costs that are typically submitted by the general contractor at bid time, and the project related costs are those non -general contractor related expenses paid by the owner. The factors that make up the Statement of Probable Costs in each category include the following items: Jail Reuse Feasibility Option Construction -Related Costs ■ Escalation: Since it is unknown when City funds will be available and when the City will be ready to design and bid the project, no escalation is included at this time. However, escalation has been running at.42% a month. Design Contingency: Since there is no design at this time other than a concept, a factor of 20.0% is provided for unknown project requirements based on the complexity of the options. ■ Contractor's Overhead and Profit/ General Conditions / Bonds: A factor of 17.3% for the contractor's overhead, and profit / markups including General Conditions, and bonds are also identified. 12 65A-19 Market Factor: The market factor (4.0%) is a geographical markup for current construction building projects and developments being pursued in the Santa Ana area. Jail Reuse Feasibility Options Project -Related Costs Without a draft design on the proposed options, it is not possible at this time to firmly estimate the value of these following factors. For evaluation purposes, however, fees typically encountered in these types of building projects were used. • Construction Contingency — These funds are intended for change orders, either owner or contractor initiated. ■ Architect / Engineers Fees — This fee varies depending on the complexity and number of specialty consultants employed by the architect. For this Jail design type of work, in addition to typical engineering: (1) a security hardware consultant; (2) security electronics engineer; and (3) a structural engineer may be employed. Typically, this fee is 10-12% of the total construction budget. ■ Building Project / Construction Management and Inspection — The costs include individuals or firms contracted for building inspection, materials testing, special inspections, construction administration / management (PM/CM), and other project management duties. Typically, this fee is 4-6% of the total construction budget. • Miscellaneous — This is a placeholder cost for building permit fees, duplication costs, special inspections, geotechnical, and other incidental costs. Typically, this fee is 2- 3% of the total construction budget. • FF&E — Movable furniture, fixtures, and equipment required for the construction project. Typically, this cost could be in the 6-12% of the total construction budget range. Vanir's best estimate for the various options are as follows: (a) Temporary Jail Holding Facility: 0%, (b) Transitional Community Reentry Jail Treatment Facility: 3%, (c) Commercial Office Complex Space: 6-10%, (d) Homeless Shelter: 5-8%, and (e) Data Center: 15-30%. The cost estimate data highlighted in the following Table shows that converting the Type II Jail facility to a temporary Jail holding facility will not require any facility modifications in order to implement this reuse feasibility option. Expanding the City Jail, however, into a reentry Jail treatment facility will necessitate an estimated additional cost to the City of $3,028,574. If the facility is renovated and remodeled into an office complex, this reuse option would require base construction changes totaling $23,015,861. If a reuse option is pursued which would change the operational characteristics of the facility's structure into a homeless shelter, the consultant team estimates this would cost approximately $4,348,932 in a one-time construction expense. If the City Jail complex was physically modified to accommodate data center functions, the consultants believe the physical plant modifications needed to make this conversion would amount to $16,966,222. 13 65A-20 Expenditure. Category' Temporary Jall Holding Facility Reentry Jail Treatment Facility Commercial Office Complex Homeless Shelter Data Center' Construction Costs: Base Construction $0 $ 1,592,847 $ 11,482,287 $ 2,202,003 $ 7,149,890 General Contractor overhead & Profit $0 $ 159,285 $ 1,148,229 $ 220,200 $ 714,989 General Contractor Markup $0 $ 87,607 $ 631,526 $ 121,110 $ 393,244 General Contractor Bond - $0 $ 41,394 $ 298,396 $ 57,225 $ 185,808 Design Contingency $0 $ 376,227 $ 2,712,088 $ 520,108 $ 1,688,786 Market Factor $0 $ 90,294 $ 650,901 $ 124,826 $ 405,309 Sub -Total $0 $ 2,347,654 $16,923,427 $ 3,245,472 $ 10,538,026 Project Costs: , Construction Contingency (10%) $0 $ 234,800 $ 1,692,343 $ 324,547 $ 1,053,803 A/EFees (1012%) $0 $ 234,800 $ 1,692,343 $ 324,547 $ 1,264,563 CM Inspection (4-6%) $0 $ 93,920 $ 676,937 $ 129,819 $ 632,282 Miscellaneous (2-3%) $0 $ 46,960 $ 338,469 $ 64,909 $ 316,141 FF&E (Varies; See above) $0 $ 70,440 $ 1,692,343 $ 259,638 $. 3,161,406 Sub -Total $0 $ 680,920 $ 6,092,434 $ 1,103,460 $ 6,428,196 ' The escalation cost tote midpoint or cossbuction is dependent upon the specific option and fimeline to Implement one or the flte Jail reuse re islbillty options and has not been calculated end Included in the estimate. Escalatlon has been mnnLg at 0.42% a month. 2 The price for aa0 data rocks needed for the data center option is not included in the estimate. The assessment task the consultant team followed resulted in the collection and analysis of a broad range of (a) operational programming, (b) building / systems design and proposed modifications, (c) financial impacts, (d) compatibility with existing building, (e) implementation schedule, and (f) public safety and community support level. The evaluation process which was used allowed the team to explore the options as a large collective group, and each individual reuse scenario to document advantages, disadvantages, identify obstacles and possible strategies / solutions to address these limitations which could work to create potential opportunities, particularly for the "out -of -box" feasibility options. To present the reuse feasibility options reviewed through the analysis and establish priority recommended rankings, an SWOT strategic planning analytical technique was stressed. The SWOT analysis helps organizations identify the strengths, weaknesses, opportunities, and negative impacts related to business competition or project planning. The analysis is intended to take the objectives of each reuse option or project and identify the internal and external factors that are favorable and unfavorable for achieving individual project objectives. Strengths and weaknesses are frequently internally -related while opportunities and negative impacts commonly focus on environmental placement. This review was based on the following definitions: Strategic Planning Project Information Process Strengths (Advantages): characteristics of the business/option or project that give it an advantage over others. Weaknesses (Disadvantages): characteristics of the option that place the business or project at a disadvantage relative to others. Opportunities: elements in the environment that the project or option could exploit to its advantage. 14 65A-21 Negative Impacts (Threats): elements in the environment that could cause trouble for the project or option. The major summary observations and other considerations which emerged from this strategic planning process is highlighted below for the primary jail reuse feasibility options evaluated in this Study. In reviewing the information, it is important to also note that any use for the building other than a detention facility may require the City to evaluate the building to current codes, general plan, and zoning for a new use. Any of the non jail uses / wild card feasibility options could also require the City to initiate a CEQA process. Based on the results of the SWOT analysis process, a summary implementation ranking from best to worst for the implementation of the proposed Five jail reuse options was also identified by the consultant team for this Study. Analysis of this information and related fiscal impact data was used to form the recommended rankings which is also highlighted at the end of each feasibility option described below. Advantages / Disadvantages and Ranking From Best to Worst For Jail Feasibility Reuse Options ❑ Temporary Jail Holding Facility This Jail reuse feasibility option will minimize the ongoing yearly operational costs of the City's adult detention facility while maintaining the building as its intended use, a Jail. Advantages (Strengths) - Use of the Jail as a temporary holding facility for detainees up to 24 hours fits the character of the building. The purpose of the temporary holding option is to cite and release or book arrestees into the Orange County Jail, instead of the City Jail, as they are currently. - No structural elements or building systems changes or space modifications are required to implement this jail reuse feasibility option. The Type II detention facility is extremely secure and has state-of-the-art security systems that are fully functioning and are designed to insure the safety of both inmates and the public. Conversion of the City Jail to an operational temporary holding facility should present few problems because highly experienced and qualified personnel (current and former custody staff) are in place to properly supervise detainee populations being booked into the Jail. - Current policies and procedures for processing felony and misdemeanor arrestees would continue to govern daily temporary holding facility intakes, bookings, medical / mental health screenings and inmate transfers via the connecting tunnel to the adjacent Orange County Jail for individuals being held for Superior Court adjudication. By limiting the daily population (ADP) of incarcerated individuals from an average of 375 per day for a full-service Jail down to an average of 20 projected for the temporary holding facility, the City's overall liability exposure will be significantly reduced due to the limitation of inmates housed at the converted facility. - All movable furniture, fixtures, and equipment (FF&E) required for a temporary jail holding facility has already been purchased and installed at the City Jail. The 15 65A-22 City should not have to incur additional expenses in FF&E purchases for the detention facility. - The interior and exterior of the facility located in downtown Santa Ana near the Orange County Jail is extremely well maintained. The building is predominately of concrete wall construction which shows no signs of structural failure or wear requiring maintenance or upkeep. High quality space finishes such as granite, porcelain fixtures, wood doors, and flooring throughout the facility make it one of the most attractive detention facilities in the State. - The existing building's mechanical systems are in good overall condition. The HVAC system operates normally and the fire alarm system is operating without issues. The electrical system, while it is original to the building, is also operating without issues. Because the existing Jail is already designed for the processing and housing of inmates and has been operating on a daily basis, there would be no impact on a schedule to convert it to a temporary holding facility. Disadvantages (Weaknesses) - The total annual cost for booking arrestees into a temporary jail holding facility estimated at approximately $8.7 million would be borne entirely by the City. This cost will continue to modestly increase due to cost of living adjustments and inflation factors given to personnel working in the detention facility 24 -hours, seven -days -a -week. - General fund budget allocations would be the primary revenue source for Jail expenditures. Contract leased detention bed revenue would not be available to offset the yearly cost of the holding facility. - The City would continue to be responsible for the repayment of the annual debt serve on the Jail building through 2024. - The third and fourth inmate housing floors of the detention facility would not be used. However, costs for age-related maintenance issues would continue as a City expense because the plumbing, electrical, and other mechanical systems which support these areas must still be maintained. Opportunities - Converting the City detention complex into a temporary holding facility will significantly lower the total number of custody officers and records specialists personnel needed to process and supervise inmates incarcerated at the Jail. In the past, personnel costs have accounted for approximately 85.0% of the Jail's budget requiring 124 staff to run the facility. This compares to 54 staff for a facility which temporarily holds detained offenders only up to 24 hours. The staffing reductions due to the proposed changes in inmate housing policies will translate into major reductions in yearly personnel costs. - By not using the third and fourth housing floors of the Jail, the City will be able to lower building overhead costs (less utilities, wear and tear on equipment, etc.) which will reduce total building budgeted expenditures. - The change to a temporary Jail holding facility operational model for the Santa Ana Police Department will likely increase the efficiency of shift patrol 16 65A-23 officers. By reducing the longer wait time to book apprehended arrestees at the Orange County Jail, they will have the opportunity to remain on patrol in the community for greater periods of time. Negative Impacts (Threats) - There has been great community opposition to continue use of the existing building as a detention facility. Much of the opposition has surrounded the use of the building as an ICE -contracted facility. There will likely continue to be some vocal opposition to any use of the facility related to correctional or detention purposes. Unresolved Issues - See page 28 of this Executive Summary section for narrative description. Jail Reuse Feasibility Study Vanir Consultant Team Recommended Feasibility Options Ranking Based on the results of the analysis and evaluation process, a summary ranking from best to worst for the implementation of the proposed five jail reuse feasibility options was established by the Vanir consultant team. Analysis of this information and related fiscal impact data was used to form the following recommended implementation ranking: Temporary Jail Holding Facility Recommended Ranking: Jail Reuse Implementation Option #1 ❑ Transitional Jail Community Reentry Treatment Facility This Jail Reuse Feasibility Option will continue the facility's use as an adult detention facility with expanded rehabilitative treatment and supportive evidence -based 'best practice" programming which can be offered through leased custody beds to other correctional agencies including the California Department of Corrections and Rehabilitation (CDCR). Advantages (Strengths) - Use of the Jail as a reentry treatment facility fits the character of the building. The expanded services and other new classroom programs which will be initiated complements the facility's existing array of inmate programming services. - The Type II detention facility is extremely secure and has state-of-the-art security systems that are fully functioning and is designed to continue ensuring the safety of local inmates, other correctional agencies, and the public. - Conversion of the City Jail to a reentry treatment facility should present few problems because highly experienced and qualified personnel (current and former custody staff) are in place to properly supervise jail detainee populations. - Current established policies and procedures for processing inmates would continue to govern daily essential facility operations. - The interior and exterior of the facility located in downtown Santa Ana near the Orange County Jail is extremely well maintained and does not require upgrades 17 65A-24 in order to accept other correctional agency detainees. The building is predominately of concrete wall construction which shows no signs of structural failure or wear requiring maintenance or upkeep. The existing building's mechanical systems are in good overall condition. The HVAC system operates normally and the fire alarm system is operating without issues. The electrical system, while it is original to the building, is also operating without issues. The renovation of the recreation yard and conversion to program space would provide a facility -wide total area containing 7,033 square feet for classroom activities. This would raise the dedicated classroom / program areas to approximately 4.5% of the total 168,243 square feet contained in the building. This expands available classroom and programming space at the Jail by nearly 40.0% compared to what is found in typical California jail facilities. Most of the movable furniture, fixtures, and equipment (FF&E) required for a transitional Jail community reentry facility has already been purchased and installed at the City Jail. The City will only have to incur an additional small expense in FF&E purchases for the expanded new 2,200 square foot classroom space which will be added to the Jail. Because the existing facility is already designed for the processing and housing of inmates and has been operating on a daily basis, the conversion of the quasi - outdoor recreation yard to classrooms and inmate programming space will only require a13 month schedule to conclude. Disadvantages (Weaknesses) - The Jail lacks highly qualified reentry program specialists. The Jail will need to recruit and hire additional trained reentry specialists and contract with community-based service providers knowledgeable with the delivery of evidence - based inmate validated reentry assessments, cognitive behavioral therapy, and rehabilitative treatment for convicted offenders. - The City would continue to be responsible for the repayment of the annual debt service on the Jail building through 2024. - In order to be able to offer expanded inmate programming at the facility, the City will have to incur a one-time project and construction cost of approximately $3.0 million expense for remodeling the recreation yard for conversion to classrooms and other programming areas. O000rtunities - There is a need to build a continuum of reentry services that starts in the Jail and continues when local inmates transition into the community. Developing reentry services for inmates leaving jail reduces reoffending rates. - The reentry programming and services could be directed to sentenced offenders using a contract detention bed agreement with outside State and federal correctional agencies. Such an arrangement would lower the City's annual general fund allocation which must be made to the Jail's budget to support general staffing and detention facility operations. 18 65A-25 Negative Impacts (Threats) - There has been great community opposition to continue use of the existing building as a detention facility. Much of the opposition has surrounded the use of the building as an ICE -contracted facility. There will likely continue to be some vocal opposition to any use of the facility related to correctional or detention purposes. Contracting with outside correctional agencies for leased custody beds places the City in a position of continually being dependent upon the State or federal budgeting process for continuing contracts into future years. Unresolved Issues - See page 28 of this Executive Summary section for narrative description. Jail Reuse Feasibility Study Vanir Consultant Team Recommended Feasibility Options Ranking Based on the results of the analysis and evaluation process, a summary ranking from best to worst for the implementation of the proposed rive jail reuse feasibility options was established by the Vanir consultant team. Analysis of this information and related fiscal impact data was used to form the following recommended implementation ranking: Transitional Jail Community Reentry Treatment Facility Recommended Ranking: Jail Reuse Implementation Option #2 ❑ Community Commercial Office Space: This Jail Reuse Feasibility Option will involve major renovation of the existing City Jail building structure and systems that would result in a new modern general modern office complex. Advantages (Strengths) Many businesses are shifting from individual office spaces to open workspaces to improve collaboration among the workers. This new modern workspace is a transition from the traditional layouts to a mix of open workspaces and enclosed rooms for meetings and when confidential conversations are critical. This work arrangement favors the new, young up-and-coming workforce. The building renovation and new construction would make available a total of 168,243 square feet of space which would support office environments on four levels of the building. Level one contains the largest area and Level two contains the smallest area of space. The third and fourth levels contain an area which accounts for approximately one-fourth of the building's total space. The commercial office complex would contain a wide mix of office arrangements which could be leased to individuals, start-up companies, and existing firms needing expansion workspace. Companies with proprietary services and product lines would be target candidates to occupy this remodeled space. - Having office space located in the Santa Ana Civic Center Plaza area could be favorable and possibly profitable. The vicinity around the Jail lacks an abundance of available office resources. The closest concentration is anchored 19 65A-26 in Costa Mesa where several office -available facilities encircle the area's business and shopping resources. Existing 70 square foot Jail cells would be converted into small individual offices with data, telephone, WIFI, electrical, modern lighting, built-in workstations, acoustic materials, and wall finishes. Some cells would be combined into slightly larger offices and meeting spaces. Inmate housing dayrooms would be converted to larger co -work, social, and networking areas. Public lobby / restrooms, staff lounges, and other ancillary spaces would also be designed and included in the office building. The quasi -outdoor recreation yards adjacent to the housing units would be converted to elegant courtyards with lush landscaping, tables, and benches for staff and visitors. These areas would be suitable for outdoor breaks, snack, learning, quiet, and small group meeting areas. The Jail has both optics and sensors which make the facility safe for the purpose of the office space reuse option. The building structure layout which includes large column bays at 30' x 50' is well suited for offices. Existing structures and elements were originally based on restricted access, security, and durability so most are in good shape and reusable with some minor redesign to make access and use less cumbersome. The paint, furniture, and fixtures in the facility are predominately in very good to excellent condition throughout most of the building. Original flooring is found throughout the facility and most of it is in good condition as it has been cleaned and waxed on a regular basis. The plumbing chase in cell areas allow for relatively easy remodeling access for infrastructure placement of electrical, telephone, data, and WIFI circuitry which will minimize overall renovation costs. Disadvantages /Weaknesses - With the mobile aspect of today's office technology and the use of smart phones, laptops, and internet which enables individuals to work from just about anywhere, the traditional office setting is becoming antiquated in some industries. - Because the office space option is a major change from the custody model, building codes of the day pertaining to the new use would be enforced. - Electrical power requirements may be inadequate for an office environment given the existing occupancy. Because of its inmate nature, the Jail will not have power for laptop computers, phone/PAD charges, and other office equipment. - Because office space has exceedingly more furniture and equipment than a jail environment, there will be more fire loading which will likely require a different fire control system than is currently installed. - There are five elevators within the Jail. The elevators were reportedly custom- made for the facility and finding repair/replacement parts for these custom units has proven difficult in the past. This requires serious replacement considerations 20 65A-27 regardless of which reuse option is chosen as lack of dependable vertical conveyance could be a major and costly obstacle. Although the building's carpet appears to be in adequate condition, it is showing signs of wear and age, and is not modern enough for an office setting and should be replaced or removed. In order to renovate / remodel the City Jail complex to accommodate a general commercial office use, the City will have to incur a one-time significant project and construction expense of approximately $23 million. This amounts to a renovation cost of approximately $100 a square foot. The City would continue to be responsible for the repayment of the annual debt serve on the Jail building through 2024. - The duration of the building conversion design, bidding, and construction schedule will take place over a 15 month period. Opportunities - Because of present workspace pricing for similar office space facilities in neighboring Anaheim and Costa Mesa range from $300 - $400 per person on a 24 month lease agreement, this option has the potential to create a significant revenue stream. Repurposing the kitchen and adding a dining area for reuse as a restaurant would make good use of existing high-end equipment / fixtures and provide yet another potential income resource. - The proximity of the Jail site to local Courthouses (within walking distance) could be a significant draw for certain types of potential tenants including attorneys and paralegal service firms. The proximity to the Courthouses is a selling point nearby office facilities use in marketing their space. - Local jurisdictions have converted detention facilities into office buildings. The Bayview Correctional Facility, for example, in New York City which was constructed in 1933 is currently being converted to a women's non-profit office building sponsored by Warren E. Buffet. The remodeling will add offices, landscape terraces, and an art gallery. Neoative Impacts (Threats) - In the greater Los Angeles and Orange County areas, there are 15 of such business who offer a wide range of informal office lease arrangements for individuals, firms, and local business needing expansion workspace. - Most co -work space are in commercial office buildings containing an abundance of natural light. Unresolved Issues - See page 28 of this Executive Summary section for narrative description. Key Summary Observations The conversion of the Santa Ana City Jail to a general commercial office center would make good use of all existing spaces including inmate housing as a majority of requirements to do so are surface / facial only. The 70 square foot 21 65A-28 cell design is consistent with the modern trend for smaller co -work office space. By further researching the local co -work office market, the City can get a better understanding as to the type of designs and space layouts that are most popular and in demand in and around the Santa Ana City Jail. Additionally, the City will need to determine the type of shared workspace they will provide or if the intent is to convert it into one large office space for one organization only. Jail Reuse Feasibility Study Vanir Consultant Team Recommended Feasibility Options Ranking Based on the results of the analysis and evaluation process, a summary ranking from best to worst for the implementation of the proposed five jail reuse feasibility options was established by the Vanir consultant team. Analysis of this information and related fiscal impact data was used to form the following recommended implementation ranking: Community Commercial Office Space Recommended Ranking: Jail Reuse Implementation Option #3 ❑ Homeless Shelter Housing and Supportive Services Space: This Jail Reuse Feasibility Option involves renovating and reusing the City's Jail building as a converted homeless shelter with supportive services space. Advantages (Strengths) - The Jail site location provides several advantages regarding public amenities such as (a) public transportation access, (b) ADA accessible path of travel, (c) public parking, and (d) proximity to the City Police Department. - The detention facility could be modified to meet the typical needs of homeless individuals including (a) shelter, (b) food, (c) clothing, and (d) security. Laundry and hygiene services can also be offered. Meals from the existing kitchen can also be prepared and made available. Personal property storage is also available. The existing Santa Ana Jail facility and Functional Use Areas (FUA) provides many advantages to be reused as a homeless shelter. The existing cells provide housing, bedding, toilet room amenities including ADA accessible toilet rooms and showers. The existing day rooms provide open space for people to socialize and move about. Other Important amenities such as kitchen, dining and laundry space which is necessity for the care of homeless people is also contained in the Jail. The existing Jail facility provides many advantages regarding security and monitoring such as the proximity to the existing Police Department including the overall design layout of the facility which provides efficient line -of -sight and monitoring. The building's sallyport provides a high level of security when transporting people that may be a danger to themselves or others. The fire alarm system provides the facility with the necessary fire life safety requirements for housing people. 22 65A-29 The Jail's mechanical and electrical system's current design will provide heating, cooling, and lighting for housing homeless individuals. The plumbing system is also designed for a similar use. The duration of the building conversion design, bidding, and construction schedule will take place over a nine month period. Most required furniture, fixtures, and moveable equipment (FFBE) are already in place at the Jail. Disadvantages (Weaknesses) - The presence of a large homeless shelter project at the Jail site location / neighborhood area would likely increase (a) vagrancy of homeless people and pets, (b) begging and public harassment, and (c) crime effecting public safety and property. - The proximity of existing Civic Center Plaza and adjacent neighborhood requires a higher level of security and monitoring for the public when a homeless shelter is in a mixed-use area. - Existing finishes such as floor carpet, wall fabric, acoustical ceilings etc. would need to be removed to avoid several infectious diseases that are common issues with homeless people. New cleanable hard -surface finishes would be necessary to provide maintenance wash -ability to meet health and safety codes. - Replacing existing high security cell doors should occur to soften the appearance of a jail facility. Minor remodeling and new finish upgrades throughout the facility will need to be done to avoid the appearance of a jail facility. Providing new finishes throughout the facility will help promote a more inviting space for homeless and staff. - The existing multi -story building increases the need for additional security to provide the necessary safety for the homeless and staff. - Ingress and egress is more complicated with a multi -story facility due to the many different issues homeless people encounter such as, physical and mental disabilities. - The facility lacks proper outdoor space and amenities necessary to provide for the homeless and their pets. Proper designed open space is necessary to minimize vagrancy and homeless camps from taking over public areas of the existing Civic Center Plaza and the surrounding neighborhood. - In order to renovate / remodel the City Jail complex to accommodate a homeless shelter with housing and supportive services space, the City will have to incur a one-time project and construction expense of approximately $4,348,932. - The City would continue to be responsible for the repayment of the annual debt serve on the Jail building through 2024. - The shelter will bring about an increased homeless presence in the area because access to the shelter would be on a first-come, first -serve basis and many individuals may be camped out on the sidewalks to get in the next day. 23 65A-30 - The Jail's sallyport will need to be modified to better handle personal property and pets. - As a result of the homeless shelter, the building's entire area will likely be noisy when busy. The addition of sound dampening materials will need to be placed throughout the space to help alleviate some of the reverberations. The materials used must be bacteria and pet resistant and able to withstand rigorous sanitation. Hygiene, sanitation, and pest control must be paramount throughout the shelter and be addressed multiple times per day. The City Jail facility is in excellent condition but is not, in total, ADA (Americans With Disabilities Act) compliance. Because the homeless center option with support services space is a change from the custody model, building codes of the day pertaining to the new use would be enforced. Opportunities - The general bed space contained in the detention facility could be remodeled and converted to a homeless shelter that potentially serves up to half of the City of Santa Ana's growing homeless population based on recent census data. The City's entire homeless problem still will not be solved. Development of a homeless shelter with a day center emphasis would help reduce loitering, panhandling, and public nuisance issues that many citizens consider a great concern with the community's large number of homeless individuals. The proposed homeless shelter concept plan for the reuse of the Jail mirrors the community's new Courtyard project in its capacity, operations, and services being made available to local homeless populations. The Courtyard is a joint venture between the Midnight Mission in Orange County sleeping up to 400 people on a first-come, first -serve basis. During the day, it is used as a drop-in center serving 250-400 guests looking for service connections, hygiene services, showers I restrooms, a meal, and a place to rest. Storage is provided for guests and security is provided around the clock. Several other counties across the country have converted detention facilities into homeless shelters to serve their surrounding communities. The Bent County, Colorado Department of Local Affairs, for example, estimates that housing homeless in their vacated jail essentially saved them half the expenditures than if they lived on the street. Negative Impacts (Threats) The shelter would be located adjacent to a 1,900 stall public parking garage which homeless individuals may take shelter in during inclimate weather if the temporary shelter is full. - The shelter would have a large daily concentrated movement of homeless individuals in and out of the facility. The shelter would likely not be conducive for families that want to stay together or individuals with infant children. 24 65A-31 - There will likely be major intense neighborhood opposition to the opening of a new homeless shelter serving several hundred individuals. - The homeless shelter must address and potentially separate any persons with obvious mental health issues who may be prone to self -harm, especially if they are located in any mezzanine areas of the facility. Drugs, alcohol, and weapons must be prohibited and residents should be searched when entering the facility to eliminated any potential contraband. Unresolved Issues See page 28 of this Executive Summary section for narrative description Key Summary Observations The change / reuse of a facility from a jail to a homeless shelter has been done in other jurisdictions. The conversion of the City Jail to a homeless shelter would make use of all existing spaces including inmate housing, food service, medical, security, laundry, storage, and processing areas. The vehicle sallyport would be a good entry location because it could accommodate up to 300 people who potentially would be lined up down the block waiting for facility access. The facility access portal is adjacent to neighborhood residents and may, however, be seen as a great threat to their neighborhood security and welfare. Jail Reuse Feasibility Study Vanir Consultant Team Recommended Feasibility Options Rankino Based on the results of the analysis and evaluation process, a summary ranking from best to worst for the implementation of the proposed five jail reuse feasibility options was established by the Vanir consultant team. Analysis of this information and related fiscal impact data was used to form the following recommended implementation ranking: Homeless Shelter Housing and Supportive Services Space Recommended Ranking: Jail Reuse Implementation Option #4 ❑ Commercial Data Center: This Jail Reuse Feasibility Option would repurpose the detention facility to serve as a high technology center focusing on equipment rather than accommodating people. Advantages (Strengths) The Jail's existing security systems will accommodate and support commercial data center physical plant operations. Physical security access is usually restricted to selected personnel. Controls typically include layered security systems, often starting with fencing, bollards, and mantraps. Video camera surveillance and around-the-clock security guards are common place if the data center is large or contains sensitive information within any of its systems. Fingerprint recognition mantraps are also becoming more prevalent. 25 65A-32 Disadvantages (Weaknesses) - The Santa Ana City Jail poses numerous challenges to integrating a state-of-the- art data center design. Based on its location, multi -story configuration, confined and compartmentalized (non -cohesive) floor plans, minimally -purposed electrical system and mechanical systems designed for personnel air conditioning only, the facilities are generally not accommodating to the demanding design requirements for a data center and will require extensive renovations to serve as a data center. Data center facilities rarely meet the operational and capacity requirements of their initial design. The combination of new technologies, such as blade servers, which require substantial incremental power and cooling capacity; pressures to consolidate multiple data centers into fewer locations; the need for incremental space; changes in operational procedures; and potential changes in safety and security regulations converge to impose constant facilities changes in the modern data center. Thus, the overarching rule in data center facilities is to design for flexibility and scalability. The key to accommodation is based primarily based on ceiling height of a minimum of 12-15 feet. This is to allow an elevated panelized flooring for primarily for cooling and a sufficient volume of space above the racks to minimize heat buildup, trays, and exhaust ducting. More importantly, the significant revamping of the building's space and systems for a total of 7.6% of the total floor area may not be cost-effective given the uncertainly of changing technology. - In order to convert the building to a commercial data center, the City will have to incur a one-time project and construction expense of approximately $16,966,222. Because the data center reuse option is a change from the custody model, current building codes pertaining to the new use would be enforced. - The City would continue to be responsible for the repayment of the annual debt serve on the Jail building through 2024. - The duration of the building conversion design, bidding, and construction schedule will take place over a 26 month period. - The facility does not meet the ideal data center layout as a single floor, stand- alone building with equipment in a centralized space with an open floor/cohesive use layout with adequate electrical and mechanical systems to power and cool the center's equipment. - The City Jail building does not allow for the modularity needed for a data center to change and adapt with technology trends systematically by adding data modules or updating equipment as needed. - Recent trends show data centers older than seven years are typically obsolete. In some cases, the users needs have grown beyond their data centers capabilities in as little as 2-3 years requiring relocation or expansion. The feasibility analysis compared the Jail with 24 critical features for data centers. Only six of the key features were present in the facility and four others partially met the requirements. Fourteen of the essential features required in a data center were not present in the detention facility building or systems. 26 65A-33 Opportunities - Development of the commercial data center reuse option could possibly provide a new revenue source to offset the City's building debt service cost. Negative Impacts (Threats) - The City could face significant competition with experienced data center providers. - Needed modifications to the Jail will be expensive in relation to accommodate minimal services. Ideally, data centers are built in suburban locations in industrial type, single story windowless structures with large floor plates unlike the Jail. - The City may have to undertake a CEOA process because of the change in building use. - Maintaining stable temperatures and humidity within tight tolerances is critical to IT system reliability and may not be met within the detention facility without extensive modifications. A commercial data center service will also cause the provider to pay expensive monthly power rates. Unresolved Issues - See page 28 of this Executive Summary section for narrative description. Key Summary Observations Overall, the Santa Ana City Jail poses numerous challenges to integrating a state-of-the-art data center design. Based on its location, multiple story configuration, confined and compartmentalized (non -cohesive) floor plans, minimally -purposed electrical system and mechanical systems designed for personal air conditioning only, these facilities are generally not accommodating to the demanding design requirements for a data center and will require extensive renovations to serve as such. Additionally, the equipment loading may significant effect the structural stability of the third and fourth floors, thus a structural analysis would need to be completed upon knowledge of the exact data center equipment anticipated. Finally, the significant revamping of the space and systems for a total of 7.6% of the total floor area may not be cost-effective given the uncertainty of changing technology and structural adaptability. Jail Reuse Feasibility Study Vanir Consultant Team Recommended Feasibility Options Ranking Based on the results of the analysis and evaluation process, a summary ranking from best to worst for the implementation of the proposed five jail reuse feasibility options was established by the Vanir consultant team. Analysis of this information and related fiscal impact data was used to form the following recommended implementation ranking: Commercial Data Center Use Recommended Ranking: Jail Reuse Implementation Option #5 `*A 65A-34 During the course of completing the evaluation process used in the Feasibility Study, the Vanir Team identified three items requiring further exploration associated with the Jail Reuse options presented. The items concerned both operational and financial criteria which, from an assessment perspective, could only be broadly reviewed because the study did not include a more fully developed and defined implementation proposal for the Reuse options. The unresolved issues involve (1) Santa Ana City Police Department booking operations impacts, (2) revenue forecasting impacts, and (3) multiple use building option implementation impacts. Santa Ana ON Police Department Bookina Operations Imoacts As an example, if the City moves forward with converting the building structure for other non -detention jail uses such as (a) community co -work office space, (b) homeless shelter housing and supportive service space, or (c) data center use, the Police Department could lose its location for processing local arrestees who are temporarily detained in the City Jail. This change will impact police booking operations which could involve another facility, as well as lost time for booking arrestees at the County Jail, particularly during peak weekend periods. It could also impact the processing and detaining of local arrestees that are unable to be detained at the County Jail for certain infractions. These factors could bring about significant costs and operational changes for the Police Department. Revenue Forecasting Impacts Another key planning issue which should be further examined and considered for the implementation of a specific Reuse option involves the development of expanded detailed agency revenue forecasts associated with the shift of the City Jail to other uses. Without a comprehensive building redesign and operational implementation plan including detailed fiscal offsetting agency revenue projections and analysis, the Feasibility Study used known generalized forecasts of potential revenue sources, grants, and other funding likely to occur with the use of a specific option in the assessment and evaluation process. For example, the importance of the need to further refine this issue is highlighted with the change of the Jail to co -work office space. The Feasibility Study estimates that construction and project costs for such a conversion will reach $23 million. The assessment further shows that there is a need for additional co -work office space in the local community. The analysis also shows that because workspace pricing for similar office facilities in surrounding communities ranges from $300 - $400 per person on a 24 - month lease agreement, it has the potential to create a significant revenue stream for the City. Additional planning work to verify and establish the specific revenue projections for leased space agreements should be undertaken as part of the further development of any implementation plan before proceeding with the co -work office Reuse option. Multiple -Use Building Reuse Options The third unresolved issue involves identifying the major impacts which might be associated with other multiple -use building option implementation plans which could be considered for the site and Jail building structure. The Feasibility Study examined five independent specific Jail Reuse options. For each option the consultant team conceptualized the building's use as a single purpose facility. If the multiple -use discussion is pursued, further evaluation using similar assessment criteria needs to be examined. 28 65A-35 The Santa Ana City Jail Reuse Feasibility Study is organized into four sections and supporting Appendix information. Section 1: Executive Summary provides information about the (a) need for Jail Reuse Feasibility Study, (b) conclusions from the City Jail Condition Assessment Report, and (c) descriptions of the five primary reuse evaluation options, fiscal analysis, advantages / disadvantages considerations and recommended implementation option rankings. Section 2: Introduction and Study Planning Approach gives an overview of the Santa Ana City Jail including the Board of State and Community Corrections (BSCC) rated capacity, changes in inmate custody days, average daily population (ADP) levels, and inmate booking trends. Section 3: Jail Facility Description provides detailed information showing (a) operational policies, (b) jail construction characteristics, and (c) housing unit configuration and basic characteristics of the physical site upon which the Jail complex is situated. Other information also highlights the major findings from the City Jail condition assessment and evaluation which was also conducted as part of the Feasibility Study. A key part of the Jail Reuse Feasibility Study included the collection of summary information about the detention facility's physical plant condition and building systems strengths and weaknesses. The condition assessment focused on factors related to the correctional facility such as (1) configuration and intended security levels, (2) defined uses of the facility, (3) physical condition of the building elements, (4) quality of the space, (5) circulation, location adjacencies, and level of privacy, and (6) ability to achieve intended security and level of safety for staff and inmates as well as compliance with standards. Section 4: Analysis and Evaluation of Jail Reuse Options provides an in-depth review and analysis of the five Jail reuse building options that were selected for the follow-up primary research and evaluation work conducted by the Vanir consultant team. The assessment process and information compiled and analyzed for each Jail reuse feasibility option included (a) summary building reuse descriptions, (b) facility impacts and identified modifications, (c) major functional use area floor space changes, and/or other significant considerations that are effected through the implementation of each Jail reuse option, (d) summary conceptual fiscal cost analysis statements, and (e) a summary outline of major strengths, weaknesses, opportunities, and negative impacts associated with the implementation of each reuse option. 29 65A-36 SECTION 2: INTRODUCTION AND STUDY PLANNING APPROACH Santa Ana City Jail Reuse Feasibility Study Santa Ana, California by the Council The information in this Section of the Santa Ana City Jail Reuse Feasibility Study provides an overview of the Santa Ana Jail including the Board of State and Community Correc- tions (BSCC) rated capacity, jail construction characteristics, housing unit configurations, and basic characteristics of the physical site upon which the Jail complex is situated. Other information describes the scope of work and outline of the methodology and planning approach the Vanir consultant team followed throughout the Study. Santa Ana is governed by a City Council composed of seven members including the Mayor and six Council members. Council members represent one of six distinct geographic wards in the City and are elected to four-year terms with a limit of three consecutive terms. The Mayor is elected at large for a two year term with term limits of no more than six 2 -year terms. The Mayor Pro Tem is nominated and elected The Santa Ana City Jail is located at 60 Civic Center Plaza in Santa Ana, California, 30 miles south of Los Angeles and about ten miles west of the California coast. Santa Ana is the Orange County seat of government with a population of 329,427. It is the second largest city in Orange County, the eleventh largest in California, and the 571h most populous in the United States according to the U. S. Census Bureau (2011). The City has a total area of 27.5 square miles of which 27.3 square miles is land and 0.2 square miles is water. The County population is approximately 3,010,232 as of the 2011 census. Population trends for the County have been showing an increase over the past few years but the added growth has been much slower than projected in the past. The largest growth in County population has occurred in the City of Irvine. Santa Ana is one of 34 incorporated cities and 28 other unincorporated communities located in Orange County. There are two jails within the City of Santa Ana including the (1) Santa Ana Jail (City -owned), and (2) Santa Ana Central Jail (County -owned). The two jail facilities are connected via an underground tunnel. This Jail Reuse Study responds to the City's detention facility only. The Santa Ana City Jail was completed in 1997 and provides housing for pretrial and sentenced male / female inmates. It is operated as a Type II adult detention facility that mainly houses incarcerated individuals held on State and Federal charges. It does not house individuals detained by the Santa Ana City Police Department. These detainees are initially booked into the jail and subsequently transferred to the County -owned facility if they have felony charges. The Board of State and Community Corrections (BSCC) has established a rated capacity of 480 inmates based upon applicable 1994 Title 24 Physical Plant Jail Standards. The BSCC rates the detention capacity based on the overall size of the bed and detention space, number of plumbing fixtures, and applies the year of the statewide standard in effect when the construction of the facility was concluded. The facility does have a maximum bed capacity for 512 inmates. The City Jail is a full-service, four -level, low-rise adult detention facility containing space for (a) vehicle sallyport, (b) intake and release, (c) inmate housing and dayrooms, (d) visiting, (e) medical ! mental health services, (f) inmate programs, (g) food services, (h) laundry, (i) visitor and staff circulation, Q) 30 65A-37 Central Control operations, (k) maintenance and storage, (1) outdoor recreation, and (m) jail administration. The facility can provide a full spectrum of inmate education programs, counseling services, medical and psychological services. Through 2016, the Jail was staffed by 124 civilian personnel which included (a) jail administrator, (b) police administrative manager, (c) ten correctional supervisors, (d) 94 correctional officers (both full- and part-time, and (e) 18 other support personnel. On a daily basis, these staff assume responsibility for carrying out all operational support tasks and inmate supervision activities at the detention facility. The Jail consists of both cells and dormitory housing settings. Inmate housing includes eight new generation podular direct supervision tiered units with dayrooms, classrooms, medical services area, visiting, and circulation space. One of the housing units is designed for maximum security classification detainees who must be housed in administrative segregation single cells. The combination of settings allows for a flexible placement of inmates that adjusts with fluctuating needs. Eighty-nine percent (89%) of the Santa Ana Jail contains 149,826 gross square feet of indoor space. The total square footage in the building, including the vehicle sallyport and outdoor recreation areas, is 168,243. The detention facility's building area is located on four levels. Level one contains the largest area in the building, followed by inmate housing space on levels three and four. The second level contains the smallest area of space where administrative functions and inmate release processing occurs. Total Available Building Space Contained � in the Santa Ana City Jail by Level i 1 st Level 2 n Level 3rtl Level 4t' Level Total i 48,772 34,087 43,652 41,733 168,243 i 29.0% 20.3% 25.9% 24.8% 100.0% Inmate custody days and average daily population (ADP) trends highlighted in the following Table shows for the period 2013-16, the City Jail had a total yearly average of 136,958 inmate custody days. This has resulted in an average daily inmate population of 375 detainees. An average of 85 of the inmates have been females and 290 have been male detainees. Over this four year recent period, total inmate custody population in the detention facility declined 22.1%. Changes in Total Santa Ana City Jail Inmate Custody Days and Average Daily Population (ADP) Trends 2013 -16 Yearly Jail Custody Days 2013 2014 2015 2016 Average Total Inmate Custody Days 161,744 138,531 121,496 126,060 136,958 Average Daily Population (ADP) Male 355 291 240 274 290 Female 88 89 93 71 85 Total 443 380 333 345 375 Note: Yearly inmate custody days and inmate population (ADP) has declined 22.1% during this recent 4 year period. 31 65A-38 For the period 2013-16, the Santa Ana City Jail processed an annual average of 7,134 local bookings which represented 595 each month or 20 per day. Nearly 61.7% of the average annual bookings involved felony detainees and 36.3% were defendants charged with misdemeanor offenses. The Jail also handled a small number of yearly bookings involving juveniles detained by local police agencies prior to their transfer to the County Juvenile Hall. Close review of the yearly jail booking trends shows that the detention facility has consistently experienced significant fluctuations in the average number of monthly bookings processed by jail personnel. Over the four year period between 2013-16, monthly bookings have ranged from a low of 482 to a high of 803. Jail misdemeanor and felony law enforcement bookings have also declined by -7.8% through 2016. Felony inmate bookings have decreased -11.9% while misdemeanor offense intakes / bookings declined -2.5%. In 2016, jail intakes / bookings averaged 18 per day which was the lowest number of average daily detainee bookings processed following initial construction of the Jail. Santa Ana City Jail Changes in Inmate Booking Trends 2013 -16 Percent Jail Bookings 2013 2016 Change Felony 4,555 4,015 -11.9% I Misdemeanor 2,503 2,440 -2:5% Juvenile 127 172 35.4% Total 7,185 6,627 -7.8% i In FY 2016-17, the Santa Ana City Jail's adopted operational budget totaled $18.4 million. Inmate housing contracts the City had negotiated with the Federal Bureau of Prisons, U. S. Marshal's Service, and Immigration and Customs Enforcement (ICE) agency combined with jail kitchen rental fees, miscellaneous booking fees, and Jail Pay -to -Stay Program provided offsetting revenues of approximately $16.1 million. These offsetting budget revenue sources lowered the annual fiscal deficit for the detention facility to approximately $2.1 million plus reoccurring debt service which continues through 2024. In prior years, the operating fiscal deficit for the Jail had ranged from $3.5 to $5.1 million. This was in addition to the reoccurring debt service the City pays as a result of the financial arrangement entered into for the original design and construction costs for the Civic Center Plaza facility. This operating budget deficit historically has been covered through a general fund allocation reviewed by the City Manager's Office and annually approved by the City Council. Beginning in late 2016, the City Council and community's response to the continuing operation of the City's pretrial / sentenced jail custody detention facility came into question. It began to be seriously reconsidered, particularly as immigrant advocacy groups across California and throughout the U. S. more vocally started challenging Federal law enforcement apprehension / detention arrest policies involving individuals identified as "illegal" alien residents. California jurisdictions, particularly cities, initiated lawsuits, public protests, and took other steps to limit local jails cooperation and notification procedures to immigration enforcement agencies like ICE whenever these categories of incarcerated residents were housed in local detention facilities. Some jurisdictions have labeled their communities as "sanctuary cities" in greater defiance of the Federal detention notification requirements jail administrators traditionally have followed when handling ICE detainees. 32 65A-39 In December 2017 after extensive discussion with a range of community residents, Santa Ana advocacy groups, immigrant family service providers as well as the Police Department and Jail staff, the City Council took steps to limit the total number of detainees who could be incarcerated in the City Jail under the contract agreement with ICE. The City Council voted to modify the ICE contract to reflect the new policy direction the Council wanted to pursue. Shortly after the City Council's actions, the Immigration and Custom Enforcement (ICE) California Administrator notified the Jail of their intent to terminate their inmate housing contract with the City within 90 days. After this notification, ICE began removing their contract prisoners from the detention facility. Many of the detainees were transferred to a new contract ICE had established with the Orange County Sheriffs Department for the temporary holding of ICE detainees. The loss of the ICE contract reduced the average daily inmate population at the Santa Ana Jail by nearly 250 inmates. This resulted in a new operating fiscal deficit of approximately $10.5 million, not including debt service. With the reduction in daily inmate occupancy caused by several factors (a decline in area criminal activity resulting in fewer arrests and bookings into the Jail, and the elimination of the Immigration and Customs Enforcement (ICE) contract), the Santa Ana City Council decided to focus on repurposing the available floor space at the facility. With a two year temporary infusion of U. S. Marshal's Service inmate housing needs due to renovation activities at their Los Angeles facility and the question of how the Jail facility could provide future service to the community and/or potential income to the City, this Jail Reuse Feasibility Study was initiated. The Study focuses on the evaluation of several key reuse options of interest to the community and Council members. The Vanir consultant team worked with the City Manager's staff to develop and implement a series of analytical tasks which were designed to identify, evaluate, prioritize and key jail reuse options for City Council and community consideration. The scope of work and methodology the consultants followed was organized and carried out through six primary research and assessment steps. The overall approach focused on the following information and data collection: Task 1: Review of Current Detention System Issues and Reconfirm City Goals / Objectives and Overall Purpose For The Future Direction Of The City Jail. j The Vanir consultant team met with City staff in a "kick-off' meeting and Jail tour. The focus of the discussion included: ■ Background Information: Staff examined the operational history, budget trends, and other key background issues involving the City's Jail facility. • Scone of Work: staff reviewed the project's methodology, schedule, and consultant team's information listing request handout with City personnel. • Press Inquiries: The planning team established the process and lines of reporting for addressing press and public inquiries. ■ Jail Reuse Options: Staff also discussed the City's overall fiscal concerns, limitations, and other major factors which should be considered in the Jail reuse options analysis. Task 2: Collection and Analysis gf City Jail Population Trend Data, Staffing, Operational Costs and Inmate Programs / Services Information. The consultant team's data collection and analysis work focused on the following: 33 65A-40 ■ Law Enforcement Agency Bookings: The information included detainee intakes, releases, length of jail stay, and average daily inmate population (ADP) trends. ■ Inmate Profiles: Detainee arrests / booking offenses and prior criminal history characteristics were compiled and analyzed. Inmate security classifications and custody housing requirements were also reviewed. • Jail Staffing: The number of management, custody inmate supervision, and other jail support staffing levels at the detention facility were compiled. • Jail Budgets: Information showing annual line item jail fiscal operating costs and expenditure trends were assembled. Outside agency contract revenue and inmate daily per diem reimbursement rate collections and other offsetting operational cost sources were also reviewed. • Inmate Programs and Services: Jail program service providers I volunteers involved with (a) mental health, (b) medical, (c) substance abuse, (d) academic education, (e) life skills, and (f) reentry programs were interviewed to understand the intent and frequency of services directed to the detainee populations. Task 3: Review of the.City Jail's Building Characteristics, Space, and Physical i Security / Custody Arrangements. ` The consultant team analyzed the overall adequacies of the facility's functional use areas security and custody characteristics. The focus of the analysis included: Building Security/ Custody Characteristics: Detention facility architectural floor plans, specifications, renovations, previous inspections, and deferred maintenance items were collected and reviewed. The work examined the configuration, capacity, utilization, security levels, and custody arrangements of the facility's existing area space including (a) administration, (b) visiting I lobby / public areas, (c) food services, (d) central control, (e) maintenance I storage I utilities, (f) laundry, (g) intake I release, (h) medical I mental health clinics, (i) programs I classrooms, Q) housing I dayrooms, (k) interior circulation, (1) indoor recreation (gym), (m) vehicle sallyport, and (n) quasi - outdoor circulation / recreation yards. Soace Assessments: Based on the defined area uses identified for the City Jail, an assessment of the adequacy of each space was also undertaken which took into account factors including (a) appropriate size, (b) efficiency I organization, (c) expansion characteristics, (d) circulation, (e) location, (f) adjacencies, and (g) level of privacy. Overall conclusions about the adequacy of the facility and its space provisions focused on standard jail building security design criteria as well as the systems needed to support the operation of a detention facility. The assessment information was intended to identify any significant issues concerning the adequacy of the existing space and custody / housing levels associated with detainee populations incarcerated in the facility. Task 4: City Council Workshop to Begin Identifying Priority Options For Jail Reuse Study. The consultant team prepared supporting jail planning handout documents which were reviewed with the City Council at a scheduled workshop discussion forum. The forum was intended to aid the Council in further understanding jail conditions, opportunities, and constraints that were considered when identifying, prioritizing, reuse options, and follow- up evaluation planning for the Jail facility. The Vanir team facilitated the information 34 65A-41 exchanged, secured Council member input, and lead the evaluation process of the ideas generated. The overall goal of this process was to undertake and get broad-based input from the Council and Department administrators on individual options and assessment criteria which would aid the City in establishing the primary reuse options the consultants evaluated in depth and reported back findings, data, and future recommendations for the jail. The presentation handouts and policy direction narrative focused on the following: • Status of Study: Vanir consultants provided a summary overview highlighting the approach / methodology, scope of the data collection work, and status of the work tasks initially set for the Jail Reuse Study. The discussion also reconfirmed information exchange expectations for the purpose of conducting the workshop. • Handout. The consultants prepared and presented an Executive Summary handout which identified overall conclusions about City Jail facility space, custody levels, and condition of building systems. The summary highlighted key cityjail bookings, inmate population, and financial operational trends. The document also provided other information about the jail's building characteristics, space, constraints, and adequacy of defined functional use areas in comparison to other contemporary detention facilities constructed throughout the state. Reuse Ootions Evaluation Criteria Matrix: Vanir developed sample criteria for the reuse option evaluation which were discussed in the form of a planning matrix. The criteria matrix was intended to assist the Council in understanding major operational scheduling and financial impacts associated with implementing specific reuse ideas or options. Examples of the sample reuse criteria that were examined included (a) work needed to implement option, (b) likely implementation schedule, (c) cost investment, and (d) community impact. Vanir's team also scheduled an on-site follow-up meeting with the City Manager's staff, police department and jail administrators to review and group ideas generated by the City Council workshop. The goal of the meeting was to make sure the follow-up planning work carried out by the consultants addressed the expectations of the City Council. Task 5: Prioritize and Analyze Primary City Jail Reuse Options For Council Consideration. Using the information and results assembled in the previous planning tasks, the City Manager's staff developed and implemented a process to secure additional feedback from the community on the priority options the Vanir consultant team would analyze and report back to the City Council through the Jail Feasibility Reuse Study. The work with the City stakeholders and identified interested advocates was used to gather public input, concerns, and other potential impacts associated with the jail reuse options the City would be evaluating. The City staff organized three community meetings which took place during the month of August and September 2017. The meetings were held with (a) interested local Santa Ana community advocacy groups, (b) Santa Ana Chamber of Commerce Government Affairs Council, and (c) a city-wide public citizen forum conducted at the City Hall's Council's Chambers. The goal of the three planning sessions was to secure resident input on the key reuse options the consultant team should focus its analysis on when considering the conversion of the Jail complex to other uses. Based on the community groups suggestions combined with information and recommendations which came out of the City Council discussion forum, five priority reuse options were given to the Vanir consultant team. The reuse options included: Jail Use: Only includes the continual operational use of the Type II Jail facility as a temporary holding facility which can only detain individuals up to 24 hours. KI -1 65A-42 ■ Jail Use: Includes expanded rehabilitative services including transitional community reentry treatment programs. ■ General Community Space Use: Includes offices I staff work stations, public lobby I restrooms, staff lounge and other ancillary spaces • Other Institutional Use: Includes homeless shelter housing and supportive services space. • Commercial Option Use: Includes development of data center with support space for specialized automated equipment and related required staff offices and other dedicated space. The follow-up analysis and evaluation work directed to the five of the reuse options focused on the following areas: ■ Detailed Description of Jail Reuse Options: A written comprehensive narrative description was developed for each draft jail reuse option the consultants identified and analyzed during the scope of the project work. Each description included graphic layouts highlighting the design plans and concepts incorporated into the reuse option. ■ Facility Building / Systems Modifications: The analysis was also directed at clearly understanding facility impacts and identified modifications to key building elements I systems required to implement each Jail reuse option. Functional Use Area Space Impacts: Major functional use floor space changes and other significant considerations which would be effected through the implementation of each Jail reuse option were also identified and analyzed by the consultant team. The assessment of the building's floor space modifications focused on factors covering (a) participants I occupants, (b) functional activities, (c) space requirements, (d) special requirements, (e) planning considerations I adjacencies, and (f) furniture equipment. ■ Fiscal Analysis: A fiscal analysis was also prepared which included information showing the overall fiscal impact the City would likely incur if the jail reuse option was pursued and ultimately implemented. The analysis included a summary conceptual cost statement for each jail reuse option. The information covered factors that included (a) estimated range of building design changes, (b) escalated construction costs, and (c) other project -related expenses. • Maior Implementation Observations: As part of the assessment evaluation process, the consultant team also utilized an SWOT analysis strategic planning technique to identify the strengths, weaknesses, opportunities, and negative impacts associated with each jail reuse option. The SWOT analysis is intended to take the objectives of each reuse option or project and identify the internal and external factors that are favorable and unfavorable for achieving individual project objectives. • Consultant Recommendations: Based on the results of the SWOT analysis process, the consultant team developed a summary ranking from best to worst for the proposed five jail reuse options which were examined in this Study. Analysis of this information and related fiscal impact data was used to form the recommendations the consultant team prepared and presented to the City Council. 65A-43 Task 6: Prepare City Jail Reuse Options Report. After the draft Jail Reuse Planning and Feasibility Study was reviewed and approved by the City's administrative staff, copies of the report were prepared and presented to the City Council. The following flow chart highlights the scope of work and sequence of data collection and detention facility assessment work that was undertaken in the development of the Santa Ana City Jail Feasibility Reuse Study. The flow chart identified the information and planning issues the consultant team considered in developing the recommendations summarized in the Executive Summary section of this report. 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I[mamwwr.mYaNm.re -PNwmmlmlm[mnee-Mwmimm�n !(l nmrawma s..m.ae.mmm[mn swoT[mm admmev. - Ssvrirytl.idflutlona _ MMIW we vC ngve tlenMY -G][arro9mp9 eeeai-sw[m�wm "°�°`"'[` wmmi; w.pdi, -Mm^"btl�bn (zl sxvle Ma cnembw NGwnm[m pppwmnlEea.a01 . Ja em 0[wnvmaa^vafaunm pee -Ra eI aWpWvwrmeeel -.Awb ue.sA eecnpll wpaMtlm vlell -Omer erNemeba[M '1)I Cl;ixm YwnvlGryNa92unvfc reu�u ePo[[naevn -Oavud rvppfl xufl gpmron pvwvmllanilm fsmuWW Ae ° • Bvwa ..,�pjy-". Tem vYlml dun9'mmbemimwwcb LIWBJ Pnveicel P/nnr paMag6-ay � waM Wee • �../Ir... ironsmpY .nl ey [vrcw'b lxnpY b�NxW Gnpe. • Mme'^lbux%r9 Slm qp9 Ilmpacl[a ' Npoime Age '. e�mo[mbmarpbl[ o�9 • M dHauaM9 Ivvlm N Y ' Xw ry suIYNYXFw PerrMNry mppxuy ijv • GnYY Snnmv Gn pendm CipeNTy B[eN[IBIebW • p.•v Omkew� a GmmudXCmwOma ryGx.-il.m wJsvVcn • fyp'. PYmryaryw[rk'.. <r .mgru CIIYA¢:a[mwnC xpMRee. FmlServke Ovanll Conp4nm WP er2Aruy aneus • E4wrbna ONx/vea[ S,enaabrtl FwxiX • YYenp �: PlmnFp WM 4XM WxbYNe m m mw.m. cln cm„m vmds.pmnpe 37 65A-44 SECTION 3: Jail Facility Description Santa Ana City Jail Reuse Feasibility Study The City of Santa Ana has operated a local municipal jail since 1997. The jail is located at 60 Civic Center Plaza in downtown Santa Ana, California. Santa Ana is the County Seat with a city population of 329,427. It is the second largest city in Orange County which is the 11'^ most populated County in California. The Santa Ana jail provides custody housing for pretrial and sentenced male/female inmates. The jail is operated as a Type II adult detention facility which mainly houses detained individuals held on State and/or Federal charges. The facility is connected via an underground tunnel to the adjacent Santa Ana County -owned Central Jail. Aerial View: Santa Ana City Jail, 60 Civic Center Plaza, Santa Ana, CA The Board of State and Community Corrections (BSCC) has established a Board -rated housing capacity for the facility of 480 inmates based upon applicable California 1994 Title 24 physical plant minimum jail inspections standards. The facility does have a total maximum physical detention bed capacity for 512 incarcerated inmates. The BSCC rates the detention capacity based on the size of the bed and detention space, number of plumbing fixtures, and the year of the standard that is being applied. 38 65A-45 The number and types of cells available to house pretrial and sentenced inmates is summarized in the following Chart. Number and Type of Inmate Custody Housing Beds I Available in the Santa Ana City Jail BSCC Rated Maximum Total j Type of Cells Housing Beds' Housing Beds i Single Cells 32 32 i Double Occupancy Cells 416 448 Dormitories 32 32 I 1 Total Custody Beds 480 512 I 'Board of State and Community Corrections The City Jail Complex is a full-service, four -level, low-rise adult detention facility containing space for (a) vehicle sallyport, (b) Intake and release, (c) inmate housing and dayrooms, (d) visiting, (e) medical / mental health services, (f) inmate programs, (g) food services, (h) laundry, (i) visitor and staff circulation, 0) Central Control operations, (k) maintenance and storage, (1) outdoor recreation, and (m) jail administration. The facility can provide a full spectrum of inmate education programs, counseling services, medical and psychological services. Inmate housing includes eight new generation podular direct supervision tiered units with dayrooms, classrooms, medical services area, visiting, and circulation space. One of the housing units is designed for maximum security classification detainees who must be housed in administrative segregation single cells. The total detention system building area contained in the jail's four levels consists of 168,243 square feet of usable space. Level one contains the largest area in the building, followed by inmate housing space on levels three and four. The second level contains the smallest area of space where administrative functions and inmate release processing occurs. Total Available Building Space Contained in the Santa Ana City Jail by Level I i i 15t Level tad Level 31d Level 4� Level Total 48,772 34,087 43,652 41,733 168,243 29.0% 20.3% 25.9% 24.8% 100.0% The major functional use spaces located on each level of the jail include: Level 1: The ground floor of the facility contains the largest block of space in the jail. The space supports inmate processing functions including (a) vehicle sallyport, (b) intake / booking processing, (c) food service, (d) laundry, (e) medical / healthcare, (f) Central Control room, (g) maintenance / storage, (h) visiting, and (i) general circulation. Level 2: The administrative support area and public lobby are located on this floor. Other custody functions which are carried out in this space include (a) inmate release processing area, (b) classrooms / program space, (c) visiting, (d) food 39 service area, (e) two small dormitory housing units, and (f) holding cells for inmates scheduled to go to court. Level 3: The third floor of the jail is primarily dedicated to tiered inmate housing and dayrooms. Other custody functions adjacent to the housing units include (a) medical / mental health space, (b) visiting, (c) classrooms and program space, (d) quasi -outdoor recreation yards, (e) inmate / staff circulation, and (f) maintenance / mechanical and other utility storage areas. Level 4: The fourth floor of the jail is also primarily dedicated to tiered inmate housing and dayrooms. Other custody functions adjacent to the housing units include (a) medical / mental health space, (b) visiting, (c) classrooms and program space, (d) quasi -outdoor recreation yards, (e) inmate / staff circulation, and (f) maintenance / mechanical and other utility storage areas (See Appendix A: Santa Ana City Jail Functional Use Area Square Footages and Space Adjacencies Graphic Charts by Facility Level) The total space associated with the detention facility's key functional use areas which support inmate booking, housing, food service, and other major operational activities is highlighted in the following Table. As the data shows, the jail has a combined average of 350.5 square feet per rated inmate custody bed. An average of total of 312.1 square feet or 89.1% of the building's total area per inmate is indoor space and 38.4 square feet (10.9%) is devoted to outdoor functions including the vehicle sallyport and quasi - outdoor inmate recreation yards which are located adjacent to the third and fourth floor of the housing units. Santa. Ana City Jail Indoor & Outdoor Functional Use Area Square Footage Breakdown' N Building Area Space . Total SF SF I Bed Percent 1. Administration 3,427 7.1 2.0% 2. Lobby/Public 2,706 5.6 1.6% 3. visitation 4,399 9.2 2.6% 4. Central Control 413 0.9 0.2% 5. Main/Storage I Utility 25,409 52.9 15.1% 6. Food Service 7,550 15.7 4.5% 7. Laundry 2,784 5.8 1.7% 8. Intake / Release 20,828 43.4 12.4% 9. Medical / Mental Health / Dental 1,672 3.5 1.0% 10. Inmate Programs 4,833 10:1 2.9% 11. Housing /Dayrooms 58,977 122.9 35.1% 12. Circulation 16,828 35.1 10.0% Total lndoorJall Space 149,826 312.1 89.1% 13. Quasi -Outdoor Recreation Yards 7,930 16.5 - 4.7% 14. Vehicle Sallyport 10,487 21.8 6.2% Total Outdoor Jail Space 18,417 38.4 10.9% Total Jail Functional Use Areas ace 168,243 350.5 100.0% 'Based on BSCC rated capacity o/480 beds. The space breakdown by functional use area shows that nearly half of the space contained in the detention facility supports inmate intake / release processing functions and detainee housing / dayrooms. Approximately 10.0% of the space in the jail is devoted to inmate, visitor, and custody staff circulation 40 65A-47 throughout the building. The jail's remaining space supports Central Control, laundry, visitation, programming, and other essential services. The Santa Ana Police Department is responsible for the overall management and daily operations of the city jail complex. The Police Department's Jail Bureau which is led by an experienced Jail Administrator oversees two organizational divisions which includes (1) Jail Operations, and (2) Jail Administration and Support Services. The Jail Operations Division is responsible for providing safe and secure inmate supervision and custody housing. The Jail Administration and Support Services Division is responsible for (1) BSCC compliance, (2) inmate housing, (3) vendor contracts, (4) serves as the liaison for the Police Department's Training Division, (4) administers the budget and special projects, (5) addresses inmate grievances, (6) determines inmate discipline for rule violations, and (7) coordinates religious services and educational programs. Through 2016, the jail was staffed by 124 civilian personnel which included a Jail Administrator and Police Administration Manager. Other inmate custody supervision and support staff included (a) ten Correctional Supervisors, (b) 94 Correctional Officers (both full and part-time), (c) four Lead Correctional Records Specialists, (d) nine Senior Correctional Records Specialists, (e) one part-time Correctional Records Specialist, and (f) four other support personnel (Security Electronic Technician and clerical assistants / aides). On a daily basis, the staff assigned to the facility are responsible for carrying out the following activities: 1. Administration 5. Food Service and Laundry 2. Inmate Classification, Supervision and Security 6. Building Maintenance 3. Court Security and Transportation 7. Inmate Programs and Services 4. Records Maintenance As the following trend Table shows, for the period 2013-16, the Santa Ana City Jail has processed an average of 7,134 annual local bookings which represents 595 each month or 20 per day. Nearly 61.7% of the average annual bookings involve felony detainees and 36.3% are defendants charged with misdemeanor offenses. The jail also handles a small number of yearly bookings for juveniles (132) detained by local police agencies prior to their transfer to Juvenile Hall. Close review of the yearly jail booking trend data also shows the facility has consistently experienced significant fluctuations in the average number of monthly bookings processed by jail personnel. Over the four year period between 2013-16, monthly bookings have ranged from a low of 482 to a high of 803. Source: Santa Ana Police Department's Jail Bureau Note: Temporaryjail holding facilities can only detain individuals up to 24 hours. Based on the yeadyaverage number mjail intake bookings of 7,134, assuming all detainees are Incarcerated for no more than 24 hours, the same Ana temporary jail holding facility would likely have an average daily population (ADP) of 20 or less male or fent ale inmates. 41 o 46 Changes in Jail Santa Felony Ana • Misdemeanor 13-2016 Jail Facility Local Booking Trendst Msdemeanar Bnckln s FeloryBooWngs Juvenile Bookings Total Jail Bookl s At,hl Monthly Dally Year Number Percent hiumber Percent hiumber Percent Number Average Ranger I A1era e 2013 2,503 34.8% 4,555 63.4% 127 1.8% 7,185 599 502-703 20 2014 2,756 36.1% 4,772 62.5% 112 1.4% 7,640 673 482-803 21 2015 2,662 37.6% 4,304 60.8% 115 1.6% 7,081 590 52&728 19 2016 2,440 36.8% 4,015 60.9% 172 2.6% 6,627 552 468-623 18 %Change -2.5% -11.9% 35.4% -7.8% YezNyAwmage 2013-2016 2,590 363% 4,412 61.7% 132 20% 7,134 595 482.803 20 Source: Santa Ana Police Department's Jail Bureau Note: Temporaryjail holding facilities can only detain individuals up to 24 hours. Based on the yeadyaverage number mjail intake bookings of 7,134, assuming all detainees are Incarcerated for no more than 24 hours, the same Ana temporary jail holding facility would likely have an average daily population (ADP) of 20 or less male or fent ale inmates. 41 o 46 Analysis of inmate custody days and average daily population (ADP) trends highlighted in the following Table shows for the period 2013-16, the City Jail has had a total of 136,958 yearly average of inmate custody days. This has resulted in an average daily inmate population of 375 detainees. An average of 85 of the inmates have been females and 290 have been male detainees. Over this four year recent period, total inmate custody population in the detention facility has declined 22.1%. Changes in Total Santa Ana City Jail Inmate Custody Days and Average Daily Population (ADP) Trends 2013-16 yearly Jail Custody Days 2013 2014 2015 2016 Average Total Inmate Custody Days 161,744 138,531 121,496 126,060 136,958 I ' Average Daily Population (ADP) Male 355 291 240 274 290 Female 88 89 93 71 85 Total 443 380 333 345 375 Note: Yearly inmate custody days and inmate population (ADP) has declined 22.1% during This recent 4 year period. A key part of the Jail Reuse Feasibility Study included the collection of summary information about the detention facility's physical plant condition and building systems strengths and weaknesses. The condition assessment focused on factors related to the correctional facility such as (1) configuration and intended security levels, (2) defined uses of the facility, (3) physical condition of the building elements, (4) quality of the space, (5) circulation, location adjacencies, and level of privacy, and (6) ability to achieve intended security and level of safety for staff and inmates as well as compliance with standards. The assessment was conducted over several weeks and involved many discussions with Santa Ana Jail Bureau personnel. The overall goal of the assessment was to obtain a broad-based understanding of the adequacy of the space and physical arrangement of the correctional facility as well as gather insight into the overall characteristics, continued use, and alternative uses for the jail. Other profile information focused on developing detailed data in a number of related areas including the following: Configuration. Utilization. and Phvsical Condition of the Citv's Detention Facility. Principal items of information gathered were dimensions, structural design, current utilization of space and physical condition of the jail's building ; number and size of cells; availability and size of areas used for programs, services, and jail operations; history of structural changes, (i.e., additions, remodeling, etc.) also received attention. Information on physical layout, dimensions, and utilization of the detention facility was developed by "walk-through," observation, measurement, sketching, and review of CAD files. Information on history of the facility was obtained directly from jail personnel. • Physical Layout of Jail Site: Principal items of information gathered concerned dimensions, physical characteristics, and utilization of the site on which the jail is located. Site information was taken from measurements identified in the CAD files. • Jail Programs. Services. and Procedures: The principal information gathered concerned the nature of policies governing current programs and services and 42 65A-49 conduct of essential jail procedures. Information on all programs, services, and procedures was gathered through interviews with jail administrators, command staff, and staff who administer programs. The facility survey condition assessment process included a review of previous reports, inspections, maintenance logs, capital expenditures, and various other documents / work products that have contributed to the current state of the facility. Information regarding the facility's current physical layout, space dimensions, and functions was obtained through review of architectural drawings and field observation / measurement. Other major information factors included the following: Building Characteristics: Principal items of information gathered included the date of construction of the facility, total square footage, building configuration, construction type, and the physical arrangement of space. The number and rated bed capacity of each housing unit, security classifications of living units, and history of structural changes (i.e., additions, renovations, and remodeling) are also identified. Identifiable utility, water, sanitary, heating / ventilating / air conditioning (HVAC) and lighting elements for the building and other information about the institution's fire and life safety systems (fire sprinklers, fire alarms, smoke detectors) was also collected. Standard Building and Design Criteria: This review and assessment involved surveying the correctional facility for: (1) appropriate size and efficiency, expansion, capabilities, location and adjacencies of functional use areas, (2) systems - HVAC, plumbing, electrical and fighting, (3) fire and life safety - fire sprinklers, smoke detectors, alarms and panels, doors, emergency lighting, fire resistive materials, furniture and equipment, (4) security systems and equipment including structural security envelope, hardware and equipment, staff sightlines and observation, sallyports, locking devices, fencing, camera and monitors, and general condition of security materials, (5) codes and standards including ADA standards, (6) maintenance — interior / exterior structure, systems, grounds, (7) site - landscaping, parking, handicapped access, walks, curbs, and drainage, (8) structure - exterior walls, roof, foundations, windows, doors, overhangs and chimneys, (9) infrastructure - interior walls, floors, ceilings, finishes, stairs, hand rails, locks, hardware, and flues, and (10) energy conservation - orientation, glazing, insulation, and shading. Overall conclusions about the adequacy of the facility and its space provisions incorporated the evaluator's professional knowledge of standard building and design criteria as well as the systems needed to support the operation of such a facility. In some instances, discussions with staff and their opinion of the space and building systems were taken into account when evaluating and developing a composite rating of a particular space or area. A significant part of the jail review also included the identification of defined functional use areas (FUAs) in the correctional facility. The total gross square footage of the facility was calculated. Square footage space allocation measurements for 14 pre -defined FUAs were developed. These FUAs are categories of spaces grouped into a "title" that encompasses all of the adjacent related spaces. For instance, "Food Service" will contain the kitchen, scullery, food storage area, loading dock for kitchen, dining area, coolers, dry storage, bakery, and janitor's closet in food service only, walk-in coolers, dining room, and kitchen supervisor's office if in food service area, and toilets rooms if in food service area. Uniform definitions of the space included in each FUA were applied in the calculation of the space breakdowns. A comparative space utilization analysis was undertaken as part of the review of the physical characteristics of each institution. The FUAs considered in the facility evaluation are those generic spaces found in detention type facilities. The 14 FUAs allow a facility containing numerous differing spaces to be categorized, compared, averaged, and described. The FUAs reviewed in the City's jail are the following; (1) Administration, (2) Lobby / Public, (3) Visitation, (4) Central Control, (5) Main/ Storage / Utility, (6) Food Service, (7) Laundry, (8) Intake / Release, (9) Medical / Mental Health / Dental, (10) Inmate Programs, (11) Housing / Dayrooms, (12) Circulation, (13) Quasi -Outdoor Recreation Yards, and (14) Vehicle Sallyport. The space measurements and area allocations for the Santa Ana City Jail functional 43 65A-50 use areas are shown on the following site plan: -^— - _-- —---.---- CIVIC CENTER DRIVEf -- -- •-� � � � ---- i 1. � it oF17bi—,� POLICE _. ADMINISTRATION t � I 'I-Illllllnll �' _ �i .•til I� L I l \"X ,HOLDING FACILI rX' vel{yk i I 1 i .4Q1 ---:---- „ ,_—CIVIC CENTER DRIVE__.— C` Site Plan OVERALL BUILDING AREA 3427 SF (1) Administration Area 1672 SF (9) MediaVMental Heal9VDental Care 2706 SF (2) Lobby/Pubric Area 4833 SF (10) Classrooms and Program Space 4399 SF (3) Visiting 68977 SF (11) Housing & Dayrooms 413 SF (4) Central Control Room 16828 SF (12) Circulation 254095E (5) Maintenance, MEP, Storage 7920 SF (13) Quasi-Ouldocr Recreation Yards 75505F (6) Food Service Area 10487 SF (14) Vehicle Solypod 2784 SF (7)Laundry 20828 SF (S)IntakeProcessingArsaiRelease - Site Pla ®rll The facility condition assessment and evaluation information undertaken in the Jail Reuse Study focused on a number of specific space and building systems to determine the continued usefulness and economic viability of the building considering (1) configuration and intended security levels, (2) defined uses of the facility, (3) physical condition of the building elements, (4) quality of the space and (5) ability to achieve intended security and level of safety for staff and inmates as well as compliance with standards. The Chart below represents a summary depicting the rating of each functional use area contained in the facility. The numbers 1 - 14 represent the functional use areas as follows: (1) Administration, (2) Lobby/ 44 65A-51 Public, (3) Visitation, (4) Central Control, (5) Main / Storage / Utility (6) Food Service, (7) Laundry, (8) Intake / Release, (9) Medical / Mental Health / Dental, (10) Inmate Programs, (11) Housing / Dayrooms, (12) Circulation, (13) Quasi -Outdoor Recreation Yards, and (14) Vehicle Sallyport. Building Building Space System ConditionSanta Ana City Jail EvaluationRatings/Functional Use Area Ratings Systems/ Elements 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AVG Space 1.8 3.0 2.5 1.8 3.0 1.8 3.0 3.0 0.8 2.8 1.8 3.0 1.8 3.0 2.3 HVAC 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 Plumbing 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 ElectugtNng 2.8 2.8 28 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 Noise Control 3.0 2.8 2.8 3.0 2.5 2.5 2.3 2.3 3.0 3.0 2.8 2.5 3.0 3.0 2.7 Fire Safety 2.8 2.8 2.8 2.8 2.8 2.8 28 2.8 2.8 2.8 2.8 2.8 2.8 28 2.8 HandicappedlADA 3.0 3.0 28 1.8 1.8 2.0 1.8 2.8 2.8 2.5 2.8 3.0 2.8 3.0 2.5 Structures 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 2.8 3.0 3.0 3.0 Security 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 2.3 3.0 3.0 3.0 2.9 Total 23.5 24.5 23.8 22.3 23.0 22.0 22.8 23.8 22.3 24.0 22.3 24.0 23.3 24.8 23.3 SumerySpacel S terns Rating 26 2.7 26 2.5 2.6 2.4 2.5 2.6 2.5 2.7 2.5 2.7 2.6 2.8 2.6 ewlding/System fteimg Scale 0 -Extremely Inadequate, i- Inadequate; 2 -Adequate; 3 -Extremely Adequate. From the evaluation assessment of the space and building systems associated with the Santa Ana Jail, the overall score is 2.6 which is very adequate for a California detention facility. Assessments of the current condition of the primary building elements and systems which support the Santa Ana Jail were also made. Judgments about these systems considered a number of factors involving the quality of materials, reoccurring failures, inoperability, the ease or difficulty in getting parts or service, and how quickly a repair or upgrade may have been made. The building systems which were examined included (a) HVAC, (b) plumbing, (c) lighting, (d) noise control systems, (e) fire and life safety, (f) security, (g) handicapped access, and (h) structure. The results of the assessment revealed the following building system strengths and deficiencies: Building System Strengths: Building Structure ■ The building is predominately of concrete wall construction which shows no signs of structural failure or wear requiring maintenance or upkeep. High quality finishes such as granite, porcelain fixtures, wood doors, and Flooring throughout the facility make it one of the most attractive detention facilities in the state. All the ceilings in secure areas are very substantial heavy perforated steel mesh. Security Locks ■ Locking devices throughout the facility appear to be serviceable and suitable for their intended function. Sliders ran well and appeared to be very well maintained. Manual locking devices appeared to function as intended and were well maintained. HVAC ■ The HVAC unit which was inspected is manufactured by York and original to the building. It is equipped with manual smoke evacuation in the housing units. The system appears to operate normally. Forty to forty-five HVAC units were replaced with VFD models two to three years ago with only a few left to be replaced. ER 65A-52 Fire Alarm ■ The fire alarm system is EST. It is original to the building and is operating without issues. The sprinkler heads are original to the building and are functioning as intended. The manufacturer is unknown. Electrical ■ The Cutler Hammer electrical system is original to the building. It is operating without issues. Securitvand Electronics The electronic security system is the first defense in maintaining security of the facility. In 2016, the City replaced the core security electronics operating component units of the jail's automated system with new Programmable Logic Controllers (PLCs). Staff have also been thoroughly trained in the operation and use of the PLC components. As funding permits, the jail intends to replace other aging original electronic components and system equipment including (a) touch screens, (b) original camera, (c) monitors, (d) motorized locks, (e) pneumatic locks (Airteq), (f) sallyport door locks, and (g) intercoms. Circulation Paths ■ Circulation inside the facility as well as the tunnel is well maintained and adequate in most areas. Public Areas The Public Area/Lobby of the facility is adequate and meets current needs. The high- end finishes make for an impressive entry into the second floor of the facility. Building System Deficiencies: Handicap Access ADA standards were just emerging in the mid -nineties, near the time the Santa Ana City Jail was constructed. It was of the opinion by some that jails were exempt because of the security requirements. On June 15, 1998, the Supreme Court of the United States rendered an opinion which prohibits a "public entity" from discriminating against a "qualified individual with a disability" because of that individual's disability. Although many accommodations have been designed into the correctional facility, some items such as signage and restrooms may fall short of the standard. Healthcare Space The medical and mental health treatment areas are severely deficient in space compared to other medium-sized facilities in California of the comparable age. Additional treatment rooms and staff areas should be expanded to serve existing and future inmate population needs. 46 65A-53 Securitv Svstem Eauioment Uoarades • The camera system appeared to be serviceable and in generally good condition. The system consists of equipment from several manufacturers and is, for the most part, very antiquated other than the Axis cameras are relatively new. There is a maintenance contract in place with Siemens for the cameras in the facility. The National Institute of Corrections (NIC) lists four processes fundamental to security: (1) containment, (2) detection, (3) assessment, and (4) response. 1. Containment - Involves restricting detainees' movements and access in controlled areas; separating by classification, eliminating escapes and contraband. This can be accomplished passively with strong construction, locks, hardware, and materials or actively with qualified staff, technology, and systems. 2. Detection - If "containment" fails (such as the jail) or is compromised, then detection is necessary. This can be accomplished by personnel or technology methods, i.e., bed checks/counts, panel trouble lights, line of sight observation, and cameras, etc. 3. Assessment - After "detection" an assessment or evaluation of the incident or problem including the urgency needs to occur. 4. Response - After "detection" and "assessment" the response is the action taken by staff to counteract the problem. This may include triggering alarms, lighting selected areas, closing gates, and initiating evacuation procedures, calling for help, or taking action. • The Santa Ana City Jail is in need of some security system upgrades. Out-of-date and difficult to use equipment puts an undue hardship on staff. For facilities minimally staffed, the burden is exponentially exacerbated. Program Areas • Current classroom space is inadequate to serve a maximum population. It should be large enough to provide necessary programs and services from professional providers and volunteers from the community. Storage Areas • The detention facility generally has adequate storage areas located throughout the building. However, there is no secure Armory. A storage room is designated to store disturbance control equipment. Elevators • The facility's elevators were custom built for the original construction. As such, maintenance issues are a major issue. The maintenance mechanic has done a great job in keeping them operational. However, with the elevators not being of a major current manufacturer, parts availability is an ongoing issue. Inmate Housing/ Davrooms • The functionality of the Administrative Segregation (Ad Seg) housing unit is not ideal. Inmates must be escorted adjacent to, and in full view of, staff computers and the door control panel. Staff must make sure all screens are closed and the panel is 47 65A-54 powered down prior to escorting detainees to their recreation area or other destinations. Food Service ■ The detention facility lacks a general population dining room. All meals are delivered to the individual housing units. The food service preparation area has numerous pieces of equipment that are either broken or in other stages of disrepair. Items are repaired as budget allows. The bakery is currently out of service. Plumbing ■ The building's plumbing pipes are in need of repair and / or replacement. Note: The City has begun capital investment to address this finding. Vehicle Sallvoort ■ The jail's vehicle sallyport is adequate and well maintained. The gate motors should be repaired or replaced due to intermittent issues. The condition assessment scaring process highlighted in the following summary Table shows that the most problematic to the best elements of the facility's building systems include the following: --7 1 Santa Ana City Jail Building Systems Evaluation Ranked Most Problematic to Best Functional Use Area Ranking Plumbing 1.5 Space 2.3 Handicapped/ADA 2.5 Noise Control 2.7 Electrical/Lighting 2.8 Fire Safety 2.8 HVAC 2.8 Security 3.0 Structures 3.0 Building/System Rating Scale., 0 -Extremely Inadequate, I - Inadequate, 2 -Adequate, 3 -Extremely Adequate The analysis shows that the current most problematic system in the building is plumbing. The best elements scored is the building is the structure because the building is primarily constructed of concrete and overall security envelope and supporting system which are rated at 3.0. (See Appendix B: Jail Facility Condition Assessment and Evaluation Report) In order to provide another perspective about the overall adequacy of the size of space and individual functional use areas designed and constructed into the Santa Ana City Jail detention facility, a sampling of comparable California jails included in a database developed by the Board of State and Community Corrections (BSCC) was collected and analyzed. The database contains detailed functional use area 65A-55 space measurements on 79 jails built during last wave of major state-wide jail construction activity in the 1990s. The jail database shows that in California, the average square foot of building space per rated for full- service correctional facilities consisting of primarily double -occupancy cells is 400 square feet per inmate. The database also shows that adult correctional facilities consisting of primarily dormitories contain approximately 350 square feet per rated inmate bed. A sampling of 19 comparable medium-sized correctional facilities that had inmate housing capacity for 300 - 600 custody beds were used for this comparative analysis. As the following data shows, the average interior gross area for the comparison sample is 349.3 square feet per bed. These correctional facility facilities were all built in California incorporating the podular design philosophy. Based on the BSCC rated capacity of 480 inmates, and an interior gross area of 149,826 square feet, the area per bed of the City Jail is 312.1 square feet which is approximately 11.9% below the BSCC Correctional Facility Database. Comparison of Santa Ana City Jail Defined Space Allocations with Other California Medium Jails Santa Ana City Jail CA Medium County Jail Database Average Average % of Total Average Square % of Total Sq. Ft. Square Square Sq. Ft. Comparison Functional Use Area Footage Sq. Ft. Per Bed Footage Footage Per Bed %+/- 1. Administration 3,427 2.0°% 7.1 6,371 4.2% 14.4 -101.3% 2.; Lobby / Public 2,706 1.6% 5.6 1,979 1.3% 4.7 16.8% 3. Visitation 4,399 2.6% 9.2 4,049 2.7% 11 -20.2% 4. Central Control 413 0.2% 0.9 508 0.3% 1.4 -66.2% 5. Main/Storage/Utility 25,409 15.1% 52.9 9,576 6.4% 22.2 58.1% 6. Food Service 7,550 4.5°% 15.7 10,497 7.0% 26.1 -65.8% 7. Laundry 2,784 1.7% 5.8 1,555 1.0% 3.1 47.1% 8. Intake/Release 20,828 12.4% 43.4 11,250 7.59/6 27 37.7% 9. Medical / Mental Flealth / Dental 1,672 1.0% 3.5 4,267 2.8% 10.1 -188.8% 10. Inmate Programs 4,833 2.9% 10.1 4,793 3.2% 10.7 0.8% 11. I -busing / Dayrcoms 58,977 35.1% 122.9 68,953 45.9% 187.3 -52.4% 12. Circulation 1 16,828 1 ,10.0% 35.1 11,769 7.8% 31.3 10.7% Total Indoor Jail Space 149,826 89.1% 1 3121 135,567 90.3% 349.3 -11.9% 13. Quasi -Outdoor Recreation Yards 7,930 4.7% 16.5 9,053 6.0% 23.4 -41.5% 14. Vehicle Sai port 10,487 6.2% 21.8 5,507 3.7% 19.7 10.2% Total Outdoor Jail Space 18,417 10.9% 38.4 14,560 9.7% 43.1 -122% Total Jail Functional Use Area Space 168,243 100.0% 350.5 150,127 100.0.0 392.4 -120% Note: The California jail database Areas shown are averaged for 19 medium-sized county detention facilities constructed during the state-wide wave of county jail building during the 1990s and jails that have inmate housing capacity for populations of 300-600 custody beds. Overall, the Santa Ana City Jail's functional use area space and related sizes are generally consistent with the database standards for space allocations, with the exception of the medical / mental health / dental space, administration area, Central Control room, and smaller dayrooms located adjacent to the eight inmate housing units. The average square foot per bed devoted to inmate programming activities and visitation are also slightly lower. The most significant interior space difference appears to involve the medical / mental health services area which is nearly 6-1/2 square feet lower per rated inmate bed than other comparable California detention facilities. From an outdoor jail perspective, the overall size of the jail's vehicle sallyport is slightly larger than the average of the 19 facilities included in the comparative analysis. The analysis does show, however, that the facility's quasi -outdoor recreation yards are somewhat smaller compared to other California jails. The City Jail devotes nearly 16.5 square feet of total building space per rated bed while the comparison facilities allocate approximately 23.4 square feet per bed. 49 65A-56 Overall Assessment and Summary Conclusions The Santa Ana City Jail has a Board of State and Community Corrections (BSCC) rated custody housing capacity for 480 inmates. The facility has a physical total capacity of 512 beds. The jail consists of both single, double -occupancy, and dormitory housing settings. The combination of settings allows for a flexible placement of inmates that adjusts with fluctuating classification and security population needs. The detention facility was originally constructed as a new generation podular jail with direct supervision tiered inmate housing units with adjacent dayrooms, classrooms, medical space, visiting, and general circulation. The Jail is extremely well maintained and professionally managed. Assignment of inmates to security status is based upon the consistent application of rational classification and segregation practices. Maximum inmate -staff interaction is encouraged in order to reduce staff stress, conflict, and related problems of inmates' management including security. The jail uses a combination of supervision, inspection, accountability, and clearly defined policies and procedures on the use of security to promote safe and orderly operations. The day-to-day operation of the facility is consistent with the principals of detention supervision and management and Correctional Officers work to meet at all times minimum jail standards as defined in Title 15 of the California Code of Regulations. The BSCC Biennial Jail Inspections show that the personnel employed in the facility are in full compliance with jail operations training provisions contained in Title 15 and facility operations and the physical plant meet minimum jail operational standards. The building and systems condition assessment and evaluation work carried out for the Jail Reuse Study shows the detention facility has three key problem areas that includes (1) lack of sufficient ADA compliant medical and mental health treatment space, (2) lack of adequate classroom and program space for peak populations, and (3) aging security electronics equipment and plumbing systems throughout the facility. The medical and mental health treatment areas are severely deficient in space compared to other medium-sized detention facilities in California of the comparable age. The jail is also in need of some security system upgrades. Out-of-date and difficult to use equipment puts an undue hardship on staff. Current classroom space is also inadequate to serve a maximum population. Ideally, the facility's program space should be large enough to conduct a wide range of programs and services made available through contract professional providers and volunteers from the community. The building's plumbing piping is also in need of repair or replacement. A comparative analysis with 19 California jails with predominately double -occupancy cells and rated capacities for 300.600 inmates like the City Jail shows that the facility's functional use areas are generally consistent with space allocations among these facilities. The exceptions, however, include medical / mental health space, administration area, Central Control room, and smaller dayrooms located adjacent to the existing eight inmate housing units. The average square foot per bed devoted to inmate programming activities and visitation are also slightly lower. The most significant interior space difference appears to involve the medical /mental health services area which is nearly 6-1/2 square feet lower per rated inmate bed than other comparable California detention facilities. From an outdoor jail perspective, the overall size of the vehicle sallyport is slightly larger than the average of the facilities included in the comparative analysis. The analysis further shows that the facility's quasi -outdoor recreation yards are somewhat smaller compared to other California jails. The City Jail devotes nearly 16.5 square feet of total building space per rated bed to recreation while the comparison facilities allocate approximately 23.4 square feet per bed. The following provides a series of photographs highlighting key space and functional use area operations in the Santa Ana City Jail. 50 65A-57 Ir mi, ' ' I� f,�� sou �r ' �J — - \ G ��Jell Santa Ana City Jail Photo Layout 17 10• " - -- - 1 ®-ew 52 65A-59 Santa Ana City Jail Photo Layout x 0 53 65A-60 SECTION 4: ANALYSIS AND EVALUATION OF JAIL REUSE OPTIONS Santa Ana City Jail Reuse Feasibility Study The information in this section of the Feasibility Study provides an in-depth review and analysis of the five Jail reuse building options that were selected for the follow-up primary research and evaluation work conducted by the Vanir consultant team. The assessment process and information compiled and analyzed for each Jail reuse feasibility option included (a) summary building reuse descriptions, (b) facility impacts and identified modifications, (c) major functional use area floor space changes, and/or other significant considerations that are effected through the implementation of each jail reuse option, (d) Santa Ana City Jail Complex summary conceptual fiscal cost analysis statements, and (e) a summary outline of major strengths, weaknesses, opportunities, and negative impacts associated with the implementation of each reuse option. The assessment of the building's floor space modifications identified for each jail reuse option focuses on factors covering (a) participants / occupants, (b) functional activities, (c) space requirements, (d) special requirements, (e) planning considerations / adjacencies, and (f) furniture / equipment. As part of the assessment evaluation process, the consultant team also utilized an SWOT analysis strategic planning technique to identify the strengths, weaknesses, opportunities, and negative impacts associated with each jail reuse option. The SWOT analysis is intended to take the objectives of each reuse option or project and identify the internal and external factors that are favorable and unfavorable for achieving individual project objectives. The planning process used to finalize the five jail reuse options this Feasibility Study addresses relied on specific discussions and input developed from the (1) City Council, (2) community at large, and (3) City Manager's office staff. For the City Council's input, a workshop was initially organized to begin identifying priority options for the Jail Reuse Feasibility Study. The consultant team prepared supporting jail planning handout documents which were reviewed at the discussion forum with the City Council. The forum was intended to aid Council members in further understanding jail conditions, opportunities, and constraints that would be considered during the follow-up evaluation planning for the Jail facility. The overall goal of this process was to undertake and get broad-based input from the Council and Department administrators on individual options and assessment criteria which would aid the City in establishing the primary reuse options the consultants evaluated in depth and reported back findings, data, and future recommendations for the jail. The consultants also prepared and presented an Executive Summary handout which identified overall conclusions about City Jail facility space, custody levels, and condition of building systems. The summary highlighted key City Jail bookings, inmate population, and financial operational trends. The document also provided other information about the Jail's building characteristics, space, constraints, and adequacy of defined functional use areas in comparison to other contemporary detention facilities constructed throughout the state. Vanir also developed sample criteria for the reuse option evaluation which were discussed in the form of a planning matrix. The criteria matrix was intended to assist the Council in 54 65A-61 understanding major operational scheduling and financial impacts associated with implementing specific reuse ideas or options. Examples of the sample reuse criteria that were examined included (a) work needed to implement option, (b) likely implementation schedule, (c) cost investment, and (d) community impact. Using the information and results assembled through the City Council forum, the City Manager's staff developed and implemented a second process to secure additional feedback from the community on the priority options the Vanir consultant team would analyze and report back to the City Council through the Jail Feasibility Reuse Study. The work with the City stakeholders and identified interested advocates was used to gather public input, concerns, and other potential impacts associated with the jail reuse options the City would be evaluating. The City staff organized three community meetings which took place during the month of August and September 2017. The meetings were held with (a) interested local Santa Ana community advocacy groups, (b) Santa Ana Chamber of Commerce Government Affairs Council, and (c) a city-wide public citizen forum conducted at the City Hall's Council's Chambers. The goal of the three planning sessions was to secure resident input on the key reuse options the consultant team should focus its analysis on when considering the conversion of the Jail complex to other uses. The range of potential jail reuse option suggestions which came from City Council members and other public group representatives is summarized below: Santa Ana City Jail Reuse Feasibility Study City Council and Community Meeting Feedback and Suggestions For Potential Reuse Options ❑ City Council Discussion Forum: At a scheduled public workshop discussion forum, the following perspective options that could be undertaken in the Jail Reuse Study were identified: • Criminal Justice Detention Reuse Options - Temporary Jail Holding Facility staffed with City personnel - Type If Jail with City personnel - Type II Jail without City personnel - CDCR Transitional Reentry Facility - Contract City Jail to Orange County Sheriff - Contract City Jail to Federal Bureau of Prisons ■ Other Potential "Out -of -Box" Jail Reuse Options - Convert City Jail site to mental health facility - Renovate City Jail to data center facility with support space for specialized automated equipment and other dedicated space - Reconfigure City Jail facility to accommodate police evidence / property storage areas - Establish homeless shelter housing with supportive services space - Renovate Jail to accommodate youth hostel and/or privately operated hotel ❑ Community Input Feedback Process: Three City stakeholder, community advocate and interested citizen forums were conducted by City Manager's staff to secure resident input on potential options considered for the Jail Reuse Feasibility Study. A range of suggestions were offered which included: 55 65A-62 Santa Ana Chamber of Commerce Government Affairs Council Meeting Continue operating the detention facility with no changes Lease the City Jail facility in its entirety and/or privatize services offered at the site that would benefit the City Use the City Jail facility as an incubator to create space for private parties to engage in workshop entrepreneurial ventures in areas covering (a) public administration, (b) technology, and (c) economic development opportunities to encourage area -wide business growth Convert the City Jail into a hotel or similar short-term rental facility involving other lodging types Renovate the City Jail structure to accommodate manufacturing operations which could occur through a lease arrangement for the site Repurpose the building's configuration to only accommodate educational purposes including mental health education programs for youth ■ Community Link Meeting - Expand contracts with other criminal justice agencies to use available custody bed space - Maintain the facility's first two floors as a Jail for City use and lease the remaining floors with housing to other criminal justice agencies - Convert the detention facility to City rehabilitation center for individuals with mental health disabilities - Use the Jail facility to provide reentry services including wrap-around support services for individuals previously incarcerated and/or recently released from detention ■ Public Citizen Forum at City Hall Council Chambers - Contract the facility to a criminal justice agency to utilize the existing jail maintaining current detention usage - Modify facility operations to any other use where the community benefit results do not result in more incarceration - Establish homeless shelter housing with supportive services space - Repurpose the building to accommodate a mental health facility - Retrofit the detention facility into a community center - Use the Jail facility to provide reentry services including wrap-around support services for individuals previously incarcerated and/or recently released from detention Vanir's team also scheduled an on-site follow-up meeting with the City Manager's staff, police department and jail administrators to review and group ideas generated by the City Council workshop. The goal of the meeting was to make sure the follow-up planning work carried out by the consultants addressed the expectations of the City Council. As a result of these discussions, five major building options were established which would be thoroughly assessed by the consultant team and a report developed highlighting the information, results, and conclusions which emerged from the analysis. The options included two jail facility use considerations and three other facility reuse options involving (a) space usage as a general community office work environment, (b) other institutional use as a homeless shelter, and (c) commercial use as a data center. The five study options finalized for this follow-up Feasibility Study analysis is summarized and highlighted in the following: 56 65A-63 Santa Ana City Jail Reuse Feasibility Study `— Five Facility Reuse Options Evaluated by Consultant Team I � I • Jail Use: Includes the continual operational use of the Type II Jail facility as a i f temporary holding facility which can only detain individuals up to 24 hours. i ■ Jall Use: Includes expanded rehabilitative services including transitional community reentry treatment programs. j General Commercial OfFce Use: Includes office complex with individual offices / jI staff work stations, public lobby / restrooms, staff lounge and other ancillary spaces. 1 ■ OtherInstitutional Use: Includes homeless shelter housing with supportive services space. ■ Commercial Data Center Use., Includes development of data center with support i space for specialized automated equipment and related required staff offices and I other dedicated areas. In order to provide background information and broader perspective on the potential for converting detention facilities for other reuses, the consultant team conducted a literature review and search to identify other local jurisdictions throughout the nation that have investigated alternative options or have closed a detention facility and converted the building for other functions. Lower crime rates and reduced sentence terms for some conviction offenses in recent years have caused other cities and counties to consider alternative options for reuse of their community's jail detention facility. Ajail's restricted and self- contained design can make it an ideal candidate for the right reuse plan. For example, according to Nicole Porter, Director of Advocacy for the National Sentencing Project which compiles an annual report on prison closures, "reuse is a new territory in corrections."' Catherine Chan, an architect also specializing in prisons, jails, and courts, notes that "because these facilities are built to run around the clock, the building features make it convenient for many types of public and communal use."z While there are limited numbers of jurisdictions which have or will shortly modify their local jail for other reuses, there are some examples from which Santa Ana can draw parallels with. The following four jurisdictions are examples of what is or has occurred nation-wide with respect to other jail conversion projects: Nation-wide Examples of Jail Reuse Conversion Projects 1. Gainesville, Florida Correctional Institution: Florida's Gainesville Correctional Institution converted empty bed space at their Jail into a homeless shelter in early 2014 after the detention facility closed in March 2012. The facility sits on 38 acres of land with 15 buildings with long-term plans for a medical clinic, job training center, services for homeless veterans, garden, arts and cultural center, and space to eventually house the local Salvation Army's meal services and social programs. One million dollars in renovations began in one dormitory, the kitchen, library, and laundry buildings to feed the homeless and provide space to wash and store clothing. Men and women live in separate dormitories filled with double bunk beds. Curtains were added to the showers that faced a large open room. The restrooms have remained dormitory style as they 57 65A-64 09 3. were in the original Jail. High security fencing and barbed wire were removed from the perimeter of the Jail complex.3 Those male / female individuals staying in Gainesville, FL Correctional Institution the shelter must volunteer at the center, be employed, elderly, or have serious documented medical issues so the organization may focus their efforts on those residents who are interested in moving out of homelessness. The managing organization has established a 60 - day limit for people staying at the shelter, although they may be allowed to stay longer if they are actively looking to find a job and transition out of homelessness.4 Residents can also interact with service providers offering counseling, job placement assistance, and aid in locating future housing arrangements. Fort Lvon, Colorado Correctional Facilitv: The Fort Lyon Correctional Facility in Bent County is a former prison that has been converted into Colorado's first state -funded homeless shelter. The 500 -acre campus serves 300 residents from across the State, providing transitional housing and recovery oriented supportive services. Residents are involved in the overall operations of the facility including food services, facilities and grounds maintenance, housekeeping, and waste water management, and are eligible for a housing voucher after completing a 12- or 24 -month program. Bent County, Co Correctional Facility Bent County serves as the property manager for the facility. Initial funding for the homeless shelter development was provided by the Colorado Department of Local Affairs. Additional funding to sustain the program will be provided by federal, state, local, and private sources. At an annual cost of $19 million per year to run the prison, it costs only $4 million to run the shelter program and support facilities. It is estimated that they spend $17,000 annually per shelter resident compared to $36,000 when they are on the streets without treatment or assistance.5 Bayview, New York Correctional Facilitv: The Bayview Correctional Facility, a former notorious women's prison, became an odd fit in West Chelsea, New York as the surrounding areas changed from gritty to glamorous. With the Chelsea Piers entertainment complex across the street and an eye-catching condominium building next door, views from some apartments included the exercise yards on the prison's roof. }i The Bayview Correctional Facility on West 201h Street and 111h Avenue in New York is being converted into a — commercial development complex. Up until Hurricane West 201^ St & 111^ Ave, New York city Sandy, Bayview functioned as a medium security women's prison, housing up to 323 prisoners. The original red brick building was designed by the same team responsible for the Empire State building. The 108,000 square foot site consists of two sections - an eight -story main building dating from 1931, and a six -story annex added in 1951. After the building closed in 2012 and nearly a two-year selection process, State officials announced that the Art Deco structure near 65A-65 58 4. the Hudson River would be converted into offices by developers who will rent mainly to nonprofit organizations focused on providing services for women. Bayview's redevelopment plan will be led by the developer Goren Group, in partnership with the NoVo Foundation, a philanthropic group established by Warren E. Buffett. ! The group's co -presidents are his son % Peter Buffett and Peter's wife, Jennifer. The Women's Building, as it will be known, n will add offices, landscaped terraces, and an art gallery. The facility currently also contains open rooftop sports courts and Art Deco chapel which will also be renovated and incorporated into the office building layout being designed for the structure.' Bayview Correctional Facility Cells Wapato Detention Facility: In March 2017, Multnomah County, Oregon was looking to sell the never -used 155,400 square foot III Wapato Detention Facility. Built in 2003 dil for $58 million, it costs the County $300,000 or more each year to maintain the 525 -bed detention facility. It was estimated that it would take $10 million annually to house inmates and employees. It was never opened because �• ,3. the existing local jail population began rw r declining after its construction, and the 'r County did not have readily available 4 , funding for jail operating costs. The bonds used to build it will be paid off in Multnomah County, OR Wepafo Jail 2030. At that point, with interest, the total costs of the facility could exceed $105 million, including interest and maintenance, according to a Portland Tribune analysis. Wapato Detention Facility In a 2014 appraisal, Wapato's value as an industrial building was listed as $8.5 million. It is estimated that it would take $950,000 and an ongoing $140,000 in utilities per month ($1.68 million a year), including the hiring of five new full-time employees onsite, to open for other uses. This includes ensuring working lights, plumbing, heating and Internet services, in addition to ongoing maintenance and the expectation that outdated systems would need to be replaced as they fail over time, including HVAC and other systems. Other issues with the facility include (a) poor to no cell service, (b) no internet connectivity or WIFI, (c) hardware issues, and (d) being non -ADA compliant. dorm doors, for instance, weigh 300 pounds each and have access by stairs only. o • 1, 6t] In 2017, Pacific Development Partners LLC of Santa Monica offered Multnomah County $10 million for the vacant and unused facility for potential reuse as a data center. The County responded to the offer with a request for more information and submittal of another offer. As of April 18, 2018, Multnomah County accepted a $5 million offer with a different developer for use as a medical equipment distribution center.? References and Acknowledgements 1 Repurposing: New Beginnings for Closed Prisons by Nicole D. Porter https://www. senten ci noproi ect.o ro/publications/repurposi nc-n ew-begi n ni n c s -closed -prisons/ Some States Are Closing Prisons and Turning Them Into Homeless Shelters, Reentry Centers, by Robbie Couch - https://www.huffin.qtonpost.com/2015/02/05/closing-state-orisons n 6614220.html 2 Converted Cellblocks by Alysia Santo, https://www.themarshallproiect.org/2015/01/29/converted- cellblocks 3 A Tour of Gainesville Prison-Tumed-Homeless Shelter by Kasey Greenhalgh https://www.wuft.org/news/2013/06/25/orison-to-homeless-she Iter -o lan-p rog ressin c -i n-ga i n esvi II e/ Shuttered Florida Prison Converted Into 'Empowerment Center' for Homeless by Joe Watson https•//www orisonlegainews org/news/2016/may/13/shuttered-florida-orison-converted-emoowerment- center-homeless/ 4Indoor Homeless Shelter Opens Wednesday by Morgan Watkins http://www. gai nesville. com/article/LK/20140930/N ews/604159966/GS/ 5 Homeless Find Hope at Colorado Prison Turned Shelter https://www.denverpost.com/2013/11 /23/homeless-find-hope-at-colorado-orison-turned-shelter/ Former Fort Lyon Prison Offers Hope for Colorado's Homeless by Megan Schrader, http://gazette. com/form er-prison-offers-ho oe-for-col o rados-homeless/article/l 509663 Fort Lyon Supportive Residential Community https://www.coloradocoalition.org/property/fort-lyon-supportive-residential-comm unity 6 Former Prison for Women to Become a Place That Serves Them, by C.J. Hughes, https://www.nvtimes.com/2015/11 /11 /realestate/commercial/former-orison-for-women-to-become-a- place-that-serves-them. html r New $10 Million Offer for Wapato Could Signal a Data Center hftps:Hi)amplinmedia.com/ptt9-news/351712-231175-new-1 0-m i I I ion-offer-for-wa pato-cou Id -sig nal -a - data -center Wapato Detention Facility - https://muitco.us/multnomah-county/wapato-detention-facility The Santa Ana City Jail was constructed in 1997 and has continually provided inmate housing for incarcerated pretrial and sentenced male / female detainees. The Jail is operated as a Type II adult detention facility according to the California Board of State and Community Corrections (BSCC). The BSCC has established a rated capacity for 480 inmates. The facility does have maximum beds for 512 inmates. The City Jail is a full-service, four -level, low-rise adult detention facility containing space for (a) vehicle sallyport, (b) intake and release, (c) inmate housing and dayrooms, (d) visiting, (e) medical / mental health services, (f) inmate programs, (g) food services, (h) laundry, (i) visitor and staff circulation, 0) Central Control operations, (k) maintenance and storage, (1) outdoor recreation, and (m) jail administration. The facility can provide a full spectrum of inmate education programs, counseling 60 65A-67 services, medical and psychological services. The Jail consists of both cells and dormitory housing settings. Inmate housing includes eight new generation podular direct supervision tiered units with dayrooms, classrooms, medical services area, visiting, and circulation space. One of the housing units is designed for maximum security classification detainees who must be housed in administrative segregation single cells. The combination of settings allows for a flexible placement of inmates that adjusts with fluctuating needs. Eighty-nine percent (89%) of the Santa Ana Jail contains 149,826 gross square feet of indoor space. The total square footage in the building, including the vehicle sallyport and outdoor recreation areas, is 168,243. The detention facility's building area is located on four levels. Level one contains the largest area in the building, followed by inmate housing space on levels three and four. The second level contains the smallest area of space where administrative functions and inmate release processing occurs. The first potential Jail reuse feasibility option that the consultant team analyzed focuses on a Jail use scenario which involves the continual operational use of the Type II Jail facility as a temporary holding detention facility which can only detain individuals up to 24 hours. This option utilizes the ground floor of the Jail facility, primarily involves the vehicle sallyport and arrestee intake / release processing areas. The administration area on the second floor is also utilized for inmate release processing and Jail management functions. Santa Ana City Jail Reuse Feasibility Study Reuse Option Scenario Jail Use as a Temporary Holding Facility Only Analysis and Assessment: The assessment information and supporting data which the consultant team developed is summarized and highlighted in the following analysis: Operational Data, Fiscal Analysis and Advantages /Disadvantages Considerations A Description of Jail Reuse Option: This Jail Reuse Feasibility Option would continue the operational use of the Type II Jail as a temporary holding facility which can only detain individuals up to 24 hours. Established Jail policies and procedures would still be in effect. The facility would also comply with State detention standards governing detainee incarceration practices. Implementation of this option would require access and daily use of five primary building spaces including (1) vehicle sallyport, (2) intake processing / release, (3) administration unit, (4) lobby / public area, and (5) Central Control room. These spaces contain 41,369 square feet of building area and represent 26.3% of the Jail's total functional use area space. Square Percent (0/6) Building/Spaces Footage TotaiJaHArea Vehicle Sallyport 10,487 6.2% Intake Processing/Release 22,831 13.6% Administration Unit 4,932 2.9% Lobby / Public Area 2,706 1.6% Central Control Room 413 0.3% Total 41,369 24.6% Vehicle Sallvport: The vehicle sallyport space serves as the secure area where law enforcement officers can transition arrestees from an automobile to the Jail for booking. The existing vehicle sallyport provides adequate security and can serve multiple vehicles at a time. There are 11 parking spaces, with adequate space for 61 o • • three buses, as well as a small staff Bar -B -Q area. The sallyport gates can be operated by Central Control or manually by officers if needed. Intake / Release: The intake / release area is the space where arrestees and inmates enter or leave the Jail. More than likely, a police or sheriffs officer will bring individuals in for processing. Each arrestee goes through a battery of processing steps. After the law enforcement officer leaves and the processing and identification is completed, the arrestee will be placed in the docile holding area or secure holding cell. While in intake, detainee tattoos and pre-existing injuries are documented, along with booking photos, ID and fingerprinting. Medical screenings are given to those arrestees requiring immediate medical or mental health attention. Doctors and mental health crisis specialists will be contacted if needed. The first floor intake booking lobby has two restrooms available for inmates sitting in the docile lobby area. Male and female inmates may be in the lobby at the same time, but are not placed into holding cells together. All holding cells are equipped with intercoms. Telephones are also available in the booking lobby area, and select holding cells contain phones. The intake area contains three offices which are used for running criminal histories, and work stations for other agencies. There is a raised staff area and a Shift Supervisor's Office. There are ten holding cells with a combined capacity for 49 arrestees. One holding cell is a negative pressure cell with a retrofitted UV air scrub, and another serves as the detox room. All holding cells can hold four to eight inmates. One holding cell is being used for storage but is still available for use if needed. The intake area also contains two sobering cells with a capacity for eight arrestees each (16 total). Each sobering cell contains split porcelain fixtures, raised floor area along both sides of cell, two padded walls by toilet and sink, and has a hands-free phone with no receiver. There are also three interview rooms and detainee pat -down area. The intake area is ADA compliant with two unisex detainee restrooms, one staff restroom, and a water fountain. There are six phones and the facility soon plans to install two TTY phones and two telephones with recording capabilities. There are two dress -in rooms, one each for males and females, with work tables, benches, and showers. Rolling fire doors pass through the clean laundry storage room between the two dress -in rooms. A roller system runs from the dress -in area to the personal property storage room upstairs. There are three visitation booths on the first -floor in intake — one enclosed and two open. Intake visitation is non -contact and conducted through glass, except for attorney visitation. Stools are not fixed allowing for ADA access. The door hardware for the three visitation booths is comprised of Corbin Russman locks - two pneumatic, and one keyed with a door knob which was previously used an office. The communications room contains the Programmable Logic Controller (PLC) racks for door controls, main block for inmate telephones, UPS's, and switches for all video. All recorded video runs through racks that are located here. The second floor intake area handles all post arrest release processing. The personal storage room is also located on the second floor of the intake area. Inmate property is organized alphabetically. It is currently quite empty due to the facility's lower 62 65A-69 population since the ICE contract ended. It is more than adequate for current needs, however it gets quite tight when the population reaches 450-475 inmates. The bulk property storage room is located adjacent to the personal property storage room, and contains found, out of custody, and overflow in custody property storage such as books and property from personal storage. If inmate property is left behind after release, notices are sent out and any unclaimed items are disposed of after 90 days. Some items are stored here and made available for indigent inmates in need of garments. The male dress -out room has a maximum occupancy of 20 inmates. The female dress -out room has a maximum occupancy of 15 inmates. All detainees or any inmate with special provisions are released to the street exit from the release counter located on the second floor. The release counter is connected to the administration area near the office cubicles. Valuable property lockers are in a room behind the release counter. Administration Unit: The Jail's administration area is located off the Lobby entrance on the second floor of the City Jail. The area contains 13 cubicles of varying size, four offices for the Jail Administrator, Support Manager, Chief Secretary, and a small conference room. The roll call room seats approximately 25 officers and includes a small break area with two microwaves. The administration area also contains (a) 2 two -stall restrooms for male and female employees, (b) staff lockers, (c) a small kitchen, and (d) a copy room. Three other support private staff offices are also located in this space. Public /Lobby Area: The Jail has one main entrance in the front of the building that opens onto the facility's second floor. Individuals currently mandated to register as a condition of their probation or parole are processed in the lobby of the detention facility. This area also contains public toilets, water fountains, telephone, and public seating. The public lobby contains high quality finishes such as granite, porcelain fixtures, wood doors, and attractive flooring. The public lobby of the facility is spacious and meets current needs. The public lobby counter contains seating for up to three staff. Central Control Room: There is one secure enclosed Control room in the Jail that was designed for up to two officers. The Control room contains door controls, elevator control, video monitoring system to various locations in and around the facility, and a unisex staff restroom. Although there have been some upgrades to the touch screen control panels, Control room, and cameras throughout the Jail, original equipment is still used in this vital area. There are no Pan Tilt Zoom camera in the facility. All cameras are fixed and Central Control can use the zoom function to adequately monitor the facility. The nine -inch original monitors located in Central Control are programmed to automatically view doors activated by officers. The larger flat screen monitors have been replaced within the past two to three years. Projected Jail Inmate Bookings and Average Daily Population (ADP) Temporary jail holding facilities can only detain individuals up to 24 hours. Based on the yearly average number of City Jail intake bookings of 7,134, assuming all detainees are incarcerated for no more than 24 hours, the Santa Ana City temporary Jail holding facility would likely have an average daily population (ADP) of 20 or less male or female inmates. The Table below illustrates the local felony and misdemeanor booking trends for the past three years. As the data shows, if historical 63 65A-70 trends continue in the near future, a temporary holding facility would likely process an average of about 595 intakes each month or 20 per day. Monthly I Wnthly I Daily 2013 2,583 34.8% 4,555 63.4% 12'1 7,165 599 502-]03 28 2014 2,756 36.1% 4,772 62.5% 112 1.4% 7,84D 673 482.03' 21 2815 2,662 37.6% 4,304 60.8% 115 7,081 590 523-728 19 _ M18 2,440 36.8% 4,015 60.9% 172 2.6% 6.827 552 _ 468:623 18 %Change -259/ -11.9% 35.4% -7.8% YeadyAverage 2813.2016 2,590 36.3% 4,412 61.7% 132 28% 7,134 595 ea2.em 2n Source: Santa Ana Police Departments Jail Bureau Note: TemporaryJail holding facifties can only detain incrMduals up to 24 hours. Based on the yearly average number offal intake bookings of 7,134, assuming all detainees are incarcerated for no mora than 24 hours, the Santa Ana temporary jad holding fasifly.dd likely haus an average daily population (ADP) of 20 or less male orfemale Inmates. If these historical trends are maintained, nearly 61.7% of the facility's annual bookings would likely involve felony detainees and 36.3% would be defendants charged with misdemeanor offenses. The trend booking data also clearly indicates that the temporary holding facility should also experience significant fluctuations in the average number of monthly bookings processed by Jail personnel. In the past, for example, monthly bookings have ranged from a low of 482 to a high of 803. Staffing For Proposed Temporary Jail Holding Facility National and State Court decisions have defined important perimeters for jail operations by establishing minimum levels of service, performance objectives, prohibited practices, and specific required operational actions. Past Court decisions mostly handed down by Federal Courts, for example, have required jails to (a) protect inmates from themselves and from other inmates, (b) maintain communication with inmates, (c) respond to inmate calls for assistance, (d) classify and separate inmates, (e) ensure the safety of staff, visitors, and inmates at all times, (f) make special provisions for processing and supervising female inmates, (g) ensure that all required inmate services are delivered (medical, mental health, exercise, visits, mail, etc.), and (h) provide properly trained staff. California Board of State and Community Corrections (BSCC) have promulgated a series of minimum Title 15 jail standards which also provide parameters for local jail operations. Local health, safety, fire and building standards are also applied to California jails. The BSCC also uses inspections to measure a jail facility's compliance with minimum jail standards and staffing levels. The process that was followed for analyzing the proposed staffing plan for the Santa Ana Temporary Jail Holding Facility was based on the National Institute of Corrections (NIC) staffing analysis process which has been recommended by the Board of State and Community Corrections (BSCC). Four important key steps were used by Vanir and they focused on (1) current jail staffing levels, schedule, and shift rosters, (2) jail inmate supervision policies/practices, (3) current weekly staff work hour information and assignments, and (4) calculation of net annual work hours by posted position. The calculation for each position classification included the contracted number of hours per year minus the average number of hours off per staff person per year. This information showed that each Correctional Officer working their regular work week shift schedule, for example, will actually only be available when 64 65A-71 time off for vacations, sick leave, training, and other time is considered for 80.0% of their contracted full-time positions. As the following Table shows, an estimated 54 total full-time Jail personnel would be required to carry out the daily inmate booking process at the proposed temporary Jail holding facility. The staffing compliment would include two administrative and seven supervisory personnel. An additional 33 posted shift positions covering the Central Control room, booking counters, inmate transports, and roving officers would also be needed for monitoring and in -custody supervision. A total of 12 records staff would be required at the facility and one part-time aide. Piopasa(Taahaoldry Stafing Analysts Basadon JailHol Poshd Jag PosNons VM Shgf Jail Post. Classifications Faellify Staffing Model Reli.Mctor For Thas Off The likely weekly staffing schedule that would be followed Sunday through Saturday at the temporary holding facility is highlighted in the following Table. The number of administrative, supervisory, custody officers, and other support staff which includes (a) Senior Correctional Records Specialist, (b) Lead Correctional Specialist, and (c) Senior Office Assistant positions is also shown in the schedule. 65 65A-72 Personnel I Persmnel Aarninlsoadon: Jail Adminlstralor 1.0 1.0 Office Assistanl(PayrcWI`sh onna) 10 1_0 Sa&Total 2.0 20 Supomition: Jal Achal RelieflLse of Force Rx swVSecurlyl RecwtlYRegiskramYBiP�txyPdicy U dakY TralninglAudWAOACcorc for 3.0 1.8 Jail Shift SuperAsor 4_0 52 Sub -Total 7.0 T.0 Inmate Bookag B Cosrody SupeMslon: Posted Shift Positions: . Central Control Roan 4.0 5.2 Jail Intake 8 scolding Counters; 16.0 10.4 Innate Transparls 13.0 10.4 ROJng Officers (public counkrldetox It holding cell checks/restraint chair monitoring S In -custody supeMslm) M 7g sabblal 33.0 330 DelenGan Records: Pasted Shn Positions: Booking Counter (Sr. Caneotonal Records Specialist or Lead C ectonal Records SpeclaOsQ 4.0 6.2 Second Floor Inroads Release Counter (Sr. Ccneotonal Records Speddat or Laial Correctional Records Specialist) 8.0 5.2 Supplemental Shift Sr. Correctional Records orLead CorrectonallRecordsSceNaisl (Peak Booking Perlpis) M 1.g Sublotal 12.0 120 To1a1 F;,&dme Jail Para.1 50.0 S4.0 ONer Pal Support S off. PR Store Alfie 1.0 1.0 The likely weekly staffing schedule that would be followed Sunday through Saturday at the temporary holding facility is highlighted in the following Table. The number of administrative, supervisory, custody officers, and other support staff which includes (a) Senior Correctional Records Specialist, (b) Lead Correctional Specialist, and (c) Senior Office Assistant positions is also shown in the schedule. 65 65A-72 Santa Ana City Jail Staffing Schedule For Temporary Holding Facility Only Schedule Adan Su . Sunday Custody Officers Others' Total Admin Sup. Monday Custody officers Others' Total 0 1 6 3 10 0 1 6 3 10 0 1 6 3 10 0 1 6 2 9 0 1 6 2 SAM -9AM 0 1 6 3 10 1 2 6 3 12 9AM-Noon 0 1 6 3 10 1 2 6 3 12 Noon -3PM 0 1 6 3 10 1 2 6 3 12 3PM-6PM ' 0 1 6 2 9 1 2 6 2 11 6PM-9PM 0 1 6 2 9 .1' 1 6 2 10 9PM-12AM 0 1 6 2 9 0 1 6 2' 9 12AM-SAM 0 1 6 2 9 0 1 6 2 9 Schedule Adan Sup, Tuesd Custody. tears others' Total _ Adan Sup. day Custody Officers Others' Total 0 1 6 3 10 0 1 6 3 10 0 1 6 3 10 0 1 6 2 9 0 1 6 2 SAM -9AM 1 4 6 3 14 1 4 6 3 14 9AM-Noon 1 4 6 3 14 1 4 6 3 14 Noon-3PM 1 4 6 3 E14 1 4 6 3 14 3PM-6PM 1 4 8 2 13 1 4 6 2 136PM-9PM 6PM-9PM 1 1 6 2 10 1 1 6 2 10 9PM-12AM 0 1 6 2 9 0 1 6 2. 9 12AM-SAM 0 1 6 2 9 0 1 6 2 9 Schedule Admin Su .. Thursday Custody 'Officers Others' Total Admin Sup. Friday Custoay Officers Others' TOW 0 1 6 3 10 0 1 6 3 10 0 1 6 3 10 0 1 6 2 9 0 1 6 2 5AM-RAM 1 4 6 3 14 0 2 6 3 11 9AM- Noon 1 4 6 3 14 0 2 .6 3 11 Noon -3PM 1 4 6 3 14 0 2 6 3 11 3PM-6PM 1 4 6 2 13 0 2 6 2 10 6PM-9PM 1 1 6 2 10 0 1 6 2 9 9PM-12AM 0 1 6 2 9 0 1 6 2 9 12AM-SAM 0 1 6 2 9 0 1 6 2' 9 •Includes Senior Correctional Records Specialist, Lead Correctional Specialist, & Senior Once Assistant Positions (See Appendix C., Comparison of Prior Staffing Levels With Proposed Temporary Jail Holding Facility Reuse Option) @ Facifity Building /Svstems Modifications: If the Santa Ana City adult detention facility was converted and operated as a 24-hour only temporary jail facility, there would be no building / systems modifications needed to continue using the existing inmate booking spaces, holding cells and connecting tunnel to the Orange County Jail. Misdemeanor and felony detainees brought to the facility by law enforcement agencies would be processed following existing jail policies and procedures and could be cited and released, transferred to other jurisdictions, or moved through the connecting tunnel to the County Jail facility for additional processing. 7 65A-73 Adan Su. Custody Officers Others' TOW Schedule 5AM-9AM 9AM-Noun Noon -3PM 3PM-6PM' 6PM-9PM 9PM-12AM 12AM-SAM 0 1 6 3 10 0 1 6 3 10 0 1 6 3 10 0 1 6 2 9 0 1 6 2 9 0 1 6 2 9 0 1 1 6 2 9 •Includes Senior Correctional Records Specialist, Lead Correctional Specialist, & Senior Once Assistant Positions (See Appendix C., Comparison of Prior Staffing Levels With Proposed Temporary Jail Holding Facility Reuse Option) @ Facifity Building /Svstems Modifications: If the Santa Ana City adult detention facility was converted and operated as a 24-hour only temporary jail facility, there would be no building / systems modifications needed to continue using the existing inmate booking spaces, holding cells and connecting tunnel to the Orange County Jail. Misdemeanor and felony detainees brought to the facility by law enforcement agencies would be processed following existing jail policies and procedures and could be cited and released, transferred to other jurisdictions, or moved through the connecting tunnel to the County Jail facility for additional processing. 7 65A-73 Only the (a) administration area, (b) vehicle sallyport, (c) intake space, (d) public lobby, (e) and Central Control room will be used under this option. The eight housing units on the third and fourth floors, visiting, and other detention support spaces will not be required for the temporary holding facility as arrestees will be held for no longer than 24 hours. The arrestee processing associated with this option takes place in and around the ground floor of the facility, primarily in the intake/release area shown in the following graphic layout. Nothing in the overall appearance, use, or configuration of the existing Jail structure or building systems changes. Temporary Holdinq Facility Graphic layout drawing shown in Jail Copy Only C Fiscal Analysis: With the assistance of the Santa Ana City Jail administrative staff using the staffing levels proposed for a temporary holding facility, annual budget expenditures were developed for implementing this reuse option. The following Table shows the estimated budget cost requirements for the proposed temporary Jail holding facility assuming the option was initially implemented in FY 2016-17 and continued through FY 2017-18. As the annual expenditure data shows, the operational cost would likely reach $8.1 million in the first year of the conversion and grow to $8.6 million in year two. The increase in estimated annual costs is attributed to of cost of living adjustments and inflation factors associated with the personnel expense of the staff assigned to work in the detention facility 24 -hours, seven -days -a -week. 67 65A-74 Santa Ana City Jail Proposed Temporary Jail Holding Facility Estimated Annual Expenditures For implementing Reuse Option F�enditures (Inc ding Building Maintenance FY 201617 No Housing (Holding Facilityolding On FY 2017-18 (HNo Housing Facility On Personnel: General Fund Allocation $ 7,212,870 $ 7,704,989 Contractural: General Fund Allocation $ 80,000 $ 80,000 Building Maintence Staff $ 301,267 $ 301,267 Building Maintence Contracts $ _ 362,966 $ 362.966 Utilities $ 53,980 $ 53,980 Telephones $ 25,961 $ 25,961 Liability Insurance $ 22,794 $ 22,794 Subtotal $ 846,968 $ 846,968 Commod8as: General Fund Allocation $ 57,570 $ 57,570 Uniforms $ 10,792 $ 10,792 Employee Parking $ 27,456 $ 27,456 Subtotal $ 95,818 $ 95,818 Fbred Charges: ' General Fund Allocation $ 22,804 $ 22,804 TOTAL EXPENDITURES (GF and Other Sources) $ 8,178,461 $ 8,670,580 Revenues: Inmate Housing $ - $ Jail Kitchen Rental $ - $ - Jail Booking Fees $ 50,000 $ 50,000 Jail Pay to Stay $ - $ - TOTAL REVENUES $ 50,000 $ 50,000 Sauce: Santa Ana City Jail Corrections] Division Budget Projections (See Appendix D: Comparison of Prior Expenditures and Revenue Cost Analysis Trends With Proposed Temporary Jail Holding Facility Reuse Option) Construction Cost For Imolementation of Jail Reuse Feasibility Option A construction cost analysis was also developed which included detailed expenditure information showing the overall fiscal impact the City would likely incur if each jail reuse option was pursued through construction and ultimately implemented. The construction cost analysis included a summary conceptual cost statement showing building construction and project costs associated with each of the five jail reuse options. The information covered cost factors that included (a) estimated range of building design changes; (b) escalated construction costs; and (c) other project - related expenses. The following Statement of Probable Construction and Project Costs reflects the fact that converting the detention facility from a custody housing environment to a temporary jail holding facility does not require structural, building systems changes, or space modifications. 68 65A-75 Expenditure Category I Estimated Cost Base Construction $0 General Contractor Overhead & Profit $0 General Contractor Markups $0 General Contractor Bonds $0 Design Contingency $0 Market Factor $0 Sub -Total $0 Construction Contingency (10%) $0 A/ E Fees (10%) $0 CM Inspection (4%) $0 Miscellaneous (2%) $0 FF&E (10%) $0 Sub_ -Total Total (See Appendix E. Santa Ana City Jail Reuse Options Detailed Construction and Project Cost Estimates) D. Advantages / Disadvantages Considerations: As part of the assessment evaluation process, the consultant team also utilized an SWOT analysis strategic planning technique to identify the strengths, weaknesses, opportunities, and negative impacts associated with each Jail reuse feasibility option. The SWOT analysis is intended to take the objectives of each reuse option or project and identify the internal and external factors that are favorable and unfavorable for achieving individual project objectives. Based on the results of the SWOT analysis process, a summary ranking from best to worst for the implementation of the proposed five Jail reuse options was also examined in this Study. Analysis of this information and related fiscal impact data was used to form the recommended ranking which is highlighted in the following analysis. Advantages I Disadvantages and Ranking From Best to Worst For Jail Feasibility Reuse Options ❑ Temporary Jail Holding Facility This Jail Reuse Feasibility Option will minimize the ongoing yearly operational costs of the City's adult detention facility while maintaining the building as its intended use, a Jail. 69 65A-76 Advantaaes (Strenaths - Use of the Jail as a temporary holding facility for detainees up to 24 hours fits the character of the building. The purpose of the temporary holding option is to cite and release or book arrestees into the Orange County Jail, instead of the City Jail, as they are currently. - No structural elements or building systems changes or space modifications are required to implement this jail reuse feasibility option. - The Type II detention facility is extremely secure and has state-of-the-art security systems that are fully functioning and are designed to insure the safety of both inmates and the public. - Conversion of the City Jail to an operational temporary holding facility should present few problems because highly experienced and qualified personnel (current and former custody staff) are in place to properly supervise detainee populations being booked into the Jail. - Current policies and procedures for processing felony and misdemeanor arrestees would continue to govern daily temporary holding facility intakes, bookings, medical / mental health screenings and inmate transfers via the connecting tunnel to the adjacent Orange County Jail for individuals being held for Superior Court adjudication. - By limiting the daily population (ADP) of incarcerated individuals from an average of 375 per day for a full-service Jail down to an average of 20 projected for the temporary holding facility, the City's overall liability exposure will be significantly reduced due to the limitation of inmates housed at the converted facility. - All movable furniture, fixtures, and equipment (FF&E) required for a temporary jail holding facility has already been purchased and installed at the City Jail. The City should not have to incur additional expenses in FF&E purchases for the detention facility. - The interior and exterior of the facility located in downtown Santa Ana near the Orange County Jail is extremely well maintained. The building is predominately of concrete wall construction which shows no signs of structural failure or wear requiring maintenance or upkeep. High quality space finishes such as granite, porcelain fixtures, wood doors, and flooring throughout the facility make it one of the most attractive detention facilities in the State. - The existing building's mechanical systems are in good overall condition. The HVAC system operates normally and the fire alarm system is operating without issues. The electrical system, while it is original to the building, is also operating without issues. - Because the existing Jail is already designed for the processing and housing of inmates and has been operating on a daily basis, there would be no impact on a schedule to convert it to a temporary holding facility. 70 65A-77 Disadvantages (Weaknesses) - The total annual cost for booking arrestees into a temporary jail holding facility estimated at approximately $8.7 million would be borne entirely by the City. This cost will continue to modestly increase due to cost of living adjustments and inflation factors given to personnel working in the detention facility 24 -hours, seven -days -a -week. - General fund budget allocations would be the primary revenue source for Jail expenditures. Contract leased detention bed revenue would not be available to offset the yearly cost of the holding facility. - The City would continue to be responsible for the repayment of the annual debt serve on the Jail building through 2024. - The third and fourth inmate housing floors of the detention facility would not be used. However, costs for age-related maintenance issues would continue as a City expense because the plumbing, electrical, and other mechanical systems which support these areas must still be maintained. Opportunities Converting the City detention complex into a temporary holding facility will significantly lower the total number of custody officers and records specialists personnel needed to process and supervise inmates incarcerated at the Jail. In the past, personnel costs have accounted for approximately 85.0% of the Jail's budget requiring 124 staff to run the facility. This compares to 54 staff for a facility which temporarily holds detained offenders only up to 24 hours. The staffing reductions due to the proposed changes in inmate housing policies will translate into major reductions in yearly personnel costs. - By not using the third and fourth housing floors of the Jail, the City will be able to lower building overhead costs (less utilities, wear and tear on equipment, etc.) which will reduce total building budgeted expenditures. - The change to a temporary Jail holding facility operational model for the Santa Ana Police Department will likely increase the efficiency of shift patrol officers. By reducing the longer wait time to book apprehended arrestees at the Orange County Jail, they will have the opportunity to remain on patrol in the community for greater periods of time. Negative Impacts (Threats) There has been great community opposition to continue use of the existing building as a detention facility. Much of the opposition has surrounded the use of the building as an ICE -contracted facility. There will likely continue to be some vocal opposition to any use of the facility related to correctional or detention purposes. Jail Reuse Feasibility Study Vanir Consultant Team Recommended Feasibility Options Ranking Based on the results of the analysis and evaluation process, a summary ranking from best to worst for the implementation of the proposed five jail reuse feasibility options was established by the Vanir consultant team. 71 65A-78 Analysis of this information and related riscal impact data was used to form the following recommended implementation ranking: Temporary Jail Holding Facility Recommended Ranking: Jail Reuse Implementation Option #1 The second potential Jail reuse feasibility option the consultant team analyzed focused on a Jail use scenario which involves maintaining the City Jail as a Type II adult detention facility which has expanded rehabilitative services including community reentry transitional treatment programs for incarcerated Santa Ana residents. The Jail reentry treatment housing and counseling services operational model could be implemented with City custody staff supplemented with newly hired, experienced reentry community program specialists and contract qualified "best practice" service providers. The expanded programming could be directed at sentenced offenders using a leased facility arrangement for detention beds with another correctional agency including (1) the United States Bureau of Prisons, and/or (2) California Department of Corrections and Rehabilitation (CDCR). Expansion of City Jail inmate services would include (a) evidence -based risk and needs assessments, (b) cognitive behavioral therapy, (c) mental health and alcohol / drug counseling, (d) job / education assistance, and (e) development of transitional reentry plans. This feasibility option with its targeted reentry programming / treatment intervention models would utilize the 168,243 square feet of useable space contained in the four -level footprint of the entire Jail complex. Santa Ana City Jail Reuse Feasibility Study Reuse Option Scenario Jail Use as a Transitional Community Analysis and Assessment: Reentry Treatment Facility I The assessment information and supporting data which the consultant team developed is summarized and highlighted in the following analysis: Operational Information, Fiscal Analysis and Advantages / Disadvantages Considerations A. Description of Jail Reuse Option: This Jail Reuse Feasibility Option would continue the operational use of the Type II City Jail as a new transitional community reentry treatment facility. Established Jail policies and procedures would still be in effect. The facility would also comply with State detention standards governing detainee incarceration practices. Implementation of this option would require access and daily use of the four floors in the existing detention facility. The reentry treatment facility would likely be staffed with available City custody personnel and newly hired, reentry specialists who are supplemented with community-based contract service providers. Both the reentry specialists and trained service providers would be knowledgeable with "best practice" jail inmate reentry assessments, programming, and rehabilitative treatment and transitional community follow-up services for released convicted offenders. The reentry programming and services could be directed to sentenced offenders using a contract detention bed agreement with outside correctional agencies including (1) United States Bureau of Prisons, and/or (2) California Department of Corrections and Rehabilitation (CDCR). 72 65A-79 Significant expansion of Jail services will require additional program space that is configured to accommodate validated evidence -based assessments and programming California's criminal justice system wants to pursue. The goal is to introduce and provide ongoing dedicated exemplary assessment, rehabilitative substance abuse treatment, behavioral health, and other critical support services to these groups of incarcerated offenders. In order to accommodate these expanded services, additional programming and classroom space would need to be developed. This option would enclose and transform the third floor quasi -outdoor recreation yard into a large, habitable program room(s) containing approximately 2,200 square feet of area. The renovation of the recreation yard and conversion to program space would provide a facility -wide total area containing 7,033 square feet for classroom activities. This would raise the dedicated classroom / program areas in the City Jail to approximately 4.5% of the total 168,243 square feet contained in the building. This expands available classroom and programming space at the Jail by nearly 40.0% compared to what is found in typical California jail facilities. With the new program space, the City Jail would be able to explore contracting with qualified public and private service providers experienced with risk and needs assessments, evidence -based model counseling, and other interventions that will facilitate the reentry of offenders from the Jail environment to the community. By pursuing these program standards, in -custody dedicated service providers, counselors, and education agencies knowledgeable with offender populations would be able to deliver "best practices" in the jail setting and begin the process of transitional reentry planning to these offenders who are redirected to community supervision. The specific best practice programming components that could be considered for introduction and use include (a) assessing the clinical and social needs, and public safety risks of the incarcerated offender population, (b) planning (short- and long- term) for treatment and services required to address the offender's needs, (c) implementation of evidence -based in -custody rehabilitation programs designed to reduce recidivism with adult offender populations, (d) identifying required community and correctional programs that can assist with post -release services, and (e) coordinating the transition plan to ensure implementation and avoid gaps in care. This programming would likely cover rive major offender areas including (1) academic, vocational and financial, (2) alcohol and other drugs, (3) aggression, hostility, anger and violence, (4) criminal thinking, behaviors, and associations, and (5) family, marital and relationships. The focus in these areas will follow eight evidence -based practices (EBP) and principles including (a) target highest risk offenders, (b) assess offenders needs, (c) design responsivity into programming, (d) develop behavior management plans, (e) deliver treatment programs using cognitive -based strategies, (f) motivate and shape offender behaviors, (g) engender the community as a protective factor against recidivism and use the community to support offender reentry and reintegration, and (h) identify outcomes and measure progress. A key element of the services will continue to be cognitive behavioral therapy models which identifies how thinking and behavior are related and encourages offenders to take personal responsibility for both. The expanded programming would build on the current inmate services in place at the City Jail facility. Additional groups and individual counseling services would be developed and implemented. 73 o • . ' Current Available City Jail Inmate Programming / Classes The Jail's four existing multipurpose rooms are utilized to run fourteen programs and seven different religious services. Separate classes are offered for females and transgender inmates (as needed). Classes are not held Saturday or Sunday, but religious services are. Religious services are offered from a wide variety of faiths including (a) Roman Catholic, (b) Evangelical Christian, (c) Jehovah's Witness, (d) Jewish, (e) Mormon, (f) Muslim, and (g) Protestant, in addition to regular bible studies. A General Educational Development (GED) program is also offered to inmates. An average of 100 inmates have graduated from the GED program annually since its inception. This highly successful inmate educational program was developed by instructors from the Santa Ana College School of Continuing Education, Inmate Education, Horizon Wilshire GED Center, and the Santa Ana City Jail. The following is a list of the programs and classes offered in the Santa Ana City Jail: • Alcoholics Anonymous • Anger Management • Breaking Barriers • Business Skills • Computer Applications • English as a Second Language (ESL) • Goal Setting • Learning Styles • Microsoft Office • Music • Parenting • Substance Abuse Treatment • Women's Aglow The space allocated to programs/classrooms is 4,833 square feet. Jail Reentry Services A key program the Jail system currently lacks concerns Jail reentry services for inmates transitioning from incarceration back to their community. The following information developed by the consultant team provides a summary description of key operational elements the City will need to consider in developing a reentry services component at the Jail. Transitioning to Jail Reentry Services: There is a need to build a continuum of reentry services that starts in the Jail and continues when local inmates transition into the community. Developing reentry services for inmates leaving jail reduces reoffending rates. Offenders leaving custody are often in a double -bind: They are more likely to need supportive services than the general local population, but they face multiple obstacles to getting help with the basic resources needed for stability. The reentry priorities that research has reported most frequently among offenders is employment, , housing, addressing problems with substance abuse, improving relationships with family, children, and intimate partners, and staying out of trouble. Best practices suggest that reentry services should begin when someone is still in jail and continue when they return to the community. Currently, the incarcerated inmate population and other local inmates will leave the jail facility with little or no follow-up assistance. Most need assistance with employment, housing, drug use, or other problems before they were booked into the jail and most still have service needs when released from detention. The essential steps and responsibilities of a jail reentry services program is highlighted in the following Chart on the next page. 74 65A-81 Implementation of a Jail reentry services program must take place simultaneously with the development, expansion, and implementation of in -custody cognitive behavioral counseling, drug treatment, and employment preparation assistance services. Offender Targeting and Triage Policies: A new reentry services program should develop a triage system to guide decisions about the allocation of scarce reentry resources. Targeting outreach efforts toward those with the greatest levels of risk and the most pressing needs would allow the program to achieve the maximum impact given capacity limitations. Offender triage should be based on the level of need as measured by risk scores and the potential, or opportunity, to provide services that begin to address those needs before individuals are released from the jail. Reentry staff will also need to prioritize offenders who are motivated to engage with services. Incorporate Risk and Needs Assessments into Reentry Services: It is important to identify individual reentry needs quickly but with sufficient accuracy and detail to develop reentry service plans. Program staff need tools to identify key needs that are linked to reoffending as well as each offender's personal reentry priorities which are not always the same. This can be done through the use of validated risk and needs assessment tools and the use of standard intake procedures which can help ensure that staff address common reentry issues and ask questions in ways that have proven to be effective in eliciting information on these topics. Individualized Reentry Services Plans for Maximum Impact: Reentry services must avoid a one -size -fits -all approach. Service plans should address the needs identified during assessments, consider the offender's personal priorities, and take into account logistical barriers to service provision such as short jail stays. Services should target factors that are linked to reoffending such as substance use, anti -social personality, and hostility or anger. Services should be tailored to the specific circumstances of individual offenders including such elements as motivation, environmental support, positive relationships with correctional staff, and cognitive functioning. This service will include the following components which are highlighted in the graphic diagram on the following page. 75 65A-82 i Federal l Stat Pamle 8 Community Service Provhers. Crlsls Clinical Case o,gobg comm ronl Intervention J Management MDT Ocunseiing am ysnry mfairals �/Comprehenslva � - e Housing Muld-Domaln E,mgenrysnene�� Assessment J mifo \ Tnnal Hou Ing, (PSYcbalrk, a COImm2 on ' Psycllcic9o91ml, AOD, TmatmsnLCmanWI..r 3 Eaurelion, FemTy, EnVmn=a BTan9R1cn fj Occupalianel, Reoeegan, IOImlape,goM Living Bsnefas, Cew Manegema,rt) / � Adult Education City Jail Group Therapy�� c Iammb nn Lail '' ora ft6W, D g aala a mpl ag �_m (GED, Reentry , seta g e F some&J esFnls Suea P pamii IMa Im I rens Isxu sulm,J SelrvicesReTN wry aoDmm,clmioal e.AOD, e n m.. EvideC Evidence-BasedmFamily., P. - Reunification calla P Programs La.anam; s�pa,rzaa valor, CognNw Beluuwral P—nd oumelir' CounaeliM :Pem,N,y Cl_.'ski J/ Co„uwnlugon Swills Faith t` 'Skills f/cammannrmam 1 ..,sV *1no l wn' I ImertSa Ps oras i Independent 1coml°nunaffn, Po am t Supp i Uving $kl ni BPeniSOI. Pov e Butlgeli,g,Jab Tninirgl i , SOI., i ;J vpmwn. Dliw L \�r��`` Licanm, RestiWtwn / �`uL`�� The plan should begin being addressed through the provisions of available in - custody programming and should continue when offenders transition from jail incarceration. Part of the reentry services program work would involve the development of a discharge plan and process to aid the offenders transition from jail to the community and to sustain gains made through pre-release interventions. The discharge process should begin at least 30 — 45 days prior to release and be created utilizing motivational interviewing techniques allowing for the offender to be the key person in the development of their own discharge plan. Examples of discharge interventions include: employment class, scheduled appointments in the community, a temporary supply of medication (as needed), identification documents, transportation to a service provider, home or parole office, resource packets, and contact information for key individuals who will facilitate the individual service plan in the community. Work done while in jail, including treatment, relationships with service providers, and connecting individuals to service appointments in the community should continue upon release from jail through the assistance of the Jail reentry staff assigned to the Program. It is important in developing the reentry program that staff devote time and work to organizing selected community-based organizations and support networks to provide a continuity of care process — or in many cases, initiate care — through services, training, treatment, and case management when an individual is released. Examples of community-based interventions include services in areas such as job readiness training, substance abuse treatment, mental health counseling, post - release case management, access to reentry information through outreach that 76 engages informal social supports and post -release supervision as applicable. The discharge plan should include the following services: ■ Transportation: Provide participants with transportation from the Jail to their release destination and evaluate whether they will have access to transportation to services, work and other locations mandated in their post -release plan. ■ Clothing. Food and Amenities: Provide participants with clean appropriate clothing and information regarding access to food resources. • Financial Resources: Provide the participant with initial and continuing eligibility for financial assistance programs, Medicare, Medicaid, Workman's Compensation, disability, health insurance benefits, emergency medical assistance, veterans' benefits and eligibility for supplemental security income payments, including local, state, and federal supplements. ■ Documentation: Provide participant with a state -issued identification card. ■ Housing: Identify safe, affordable housing where participant can stay in the days following release and verify bed space is available. • Emolovment and Education: Ensure that appropriate assessments and referrals have been made to facilitate the process of finding and keeping a livable income employment through the employment specialist. Ensure the participant is either employed or enrolled in an educational /vocational program. • Healthcare: Conduct an assessment of the participant's mental and physical healthcare status and needs prior to release and provide the participant with contact information of a healthcare facilitator / provider in the community they plan to reside to ensure continuity of care. With individuals with substance abuse and / or mental health issues, schedule an appointment with a counselor prior to release. • Support Services: Provide participant with access to a reentry specialist who will assist with accessing community resources and contact family members (when appropriate) to notify them of the release date and the release plan. The specialist will provide support at the time of release and in the days immediately following the participant's return to the community. • Aftercare: The reentry, employment, and mental health specialist should continue to provide post -release services to the participant for up to 60 days after release. These services will initially be intensive and will gradually be reduced. Strengthen Linkages Between the Jail and Community Service Provider. During the first few days and weeks after offenders reenter the community, they are at heightened risk for rearrest and relapse, making this period crucial for their success. Without support from service providers, any progress made through jail -based programs can evaporate. The key to a successful transition is ensuring that reentry plans continue when offenders return to their neighborhoods. For this reason, it is essential that the Jail services reentry staff and other service providers collaborate to strengthen linkages between the Jail and community. This can be accomplished by involving key community providers in the design and implementation of the proposed new program. ►il ,T�46 B. Facility Building / Systems Modifications: The City Jail's current classroom / program space is inadequate to serve a maximum detention population. The building's layout should be large enough to accommodate a wide range of necessary programs and treatment services coordinated by professional providers and volunteers from the Santa Ana community. The implementation of a structured Jail reentry services program will require additional program spaces to accommodate the validated evidence -based assessments and rehabilitative cognitive behavioral counseling and therapy programs for convicted offenders about to transition back to the community after release from incarceration. In order to accommodate the requirements for this programming, it is proposed that the third Floor quasi -outdoor recreation yard be transformed into a large habitable program or multiple small classroom areas containing nearly 2,200 square feet of building area. The following Diagram shows the location of the proposed classroom / program area conversion space in the quasi - outdoor recreation yard attached to the Jail's third floor housing unit. Reentry Housing Unit 64 -Bed Housing Pod Graphic layout drawing shown in Jail Copy On/y 78 o • The renovation of the recreation yard and conversion to program space would provide a facility -wide total area containing 7,033 square feet for classroom activities. This would increase the dedicated classroom / program areas in the City Jail to approximately 4.2% of the total 168,243 square feet contained in the building. This expands available classroom and programming space at the Jail by nearly 40.0% compared to what is found in typical California jail facilities. C. Fiscal Analysis: Developing a yearly operating budget for implementing a Jail transitional reentry treatment facility for incarcerated male / female inmates will be heavily influenced by the identified costs for (a) Jail administration, supervisory and custody personnel, (b) dedicated reentry program specialists, (c) community service providers, and (d) the negotiated daily per diem detention bed reimbursement rate for correctional agency inmates participating in the Jail's reentry program. A review of prior Jail fiscal year expenditure trends shows that the facility's operating budget with contract detention bed inmate populations of 275-375 has ranged from $16.1 million to $18.4 million. The offsetting contract inmate housing correctional agency reimbursement has ranged from $5.0 million to a high of $15.9 million during the same period. Overall, this same level of expenditure patterns for (1) Jail custody personnel, and (2) correctional agency custody bed leases will likely be required for a reentry detention facility. In order to fully implement a regiment of evidence -based validated assessments, case plan development, and treatment rehabilitation counseling / therapy, the Jail's operating budget will also need to be augmented. The financial augmentation will cover staffing salaries / benefit costs for at least seven newly -hired, experienced reentry program specialists. The dedicated staff will manage and be responsible for delivering and/or coordinating reentry counseling and supportive services offered to the target inmate populations. The Reentry Specialists will be full-time and will include (a) Reentry Program Manager, (b) Reentry Services Resource Specialist, (c) Education and Life Program Coordinator, and (d) social workers. The scope of duties the Reentry Program Manager is responsible for includes: In -custody Services: The Reentry Program Manager oversees reentry inmate custody services that involve case management, substance abuse treatment, Thinking for a Change (cognitive behavioral change program), gang intervention, job readiness, employment services, job coaching, life skills (including financial barriers and training), mentorship, recreational activities, family parenting / reunification services, and transition plans. Service Providers: Maintains linkage and works with community service providers to identify the array of services which will assist offenders and families to meet discharge plans. 79 o • 1, Vocational Skills: Works with a range of specialized programs to offer vocational training classes to reentry program participants. The training classes inmates can access include (1) Custodial — Inmates learn a variety of skills in the custodial and housekeeping trades, equipment maintenance and repair, and cleaning materials safety, (2) Computer Skills — Inmates learn basic computer skills and Microsoft Office software as well as telephone answering skills, filing techniques, and other office tasks, (3) Safety and Sanitation — Inmates learn kitchen safety and sanitary skills for working in a kitchen setting, and (4) Culinary Arts — Inmates learn basic culinary skills and are prepared for jobs in the food service industry. The specific number of dedicated reentry program specialists and their scope of duties and areas of responsibility are summarized in the following Chart. These reentry specialists should also be supplemented with a core group of knowledgeable professional community-based service providers who can work with inmates to facilitate the transitional process of offenders from the City Jail to the community. Through new collaborative partnerships with qualified and experienced private community-based providers, faith -based groups and other organizations 80 65A-87 Reentry inmate DedicatedJail Services Number of Title Positions Scope of Duties Supervises and coordinates reentry programs for offenders. The programs are intended to reduce recidivism and include education / vocational and treatment programs. Identify Reentry Supervisor 1 offenders' needs and coordinate in- and out -of -custody services that facilitate reentry into the community by creating partnerships with educational / vocational organizations, private community-based organizations and businesses. Develops and implements reentry services for pre- and post - release offenders. Develops partnerships to bring services to Reentry Services Z offenders. Seeks grant funding for pre- and post -entry Resource Officer services. Creates procedures and protocol for one continuous system of rare based on an offender individualized needs assessment. Interviews inmates and schedules them for classes such as GED, batterer treatment, anger management, substance abuse, etc. Insures inmate has life tools upon release, i.e., ID card, SSI, job placement, post -release services. Verifies Education and Life accuracy in regards to housing locations and job Program Coordinator assignments. Serves as liaison between education staff and Jail to ensure inmates attend scheduled classes. Verifies class enrollment lists and update any changes. Communicates daily with inmates in regards to job assignments and classes. Other duties as assigned. Conducts interview assessments with reentry program inmates to determine barriers to their successful integration into society. Provides information to inmates regarding Social Workers 2 various programs available to assist them in and out of custody. Works as a liaison between Child Protective Services (CPS) and the inmate. Assist the families of inmates with issues regarding children or medical emergencies. Assists inmates with handling personal business matters as deemed appropriate. These reentry specialists should also be supplemented with a core group of knowledgeable professional community-based service providers who can work with inmates to facilitate the transitional process of offenders from the City Jail to the community. Through new collaborative partnerships with qualified and experienced private community-based providers, faith -based groups and other organizations 80 65A-87 specific best -practice programming components can be accessed to deliver in - custody, evidence -based, cognitive behavioral rehabilitative and vocational training programs designed to reduce recidivism with adult offender populations. The treatment services required to address offender needs should cover the following areas: (1) Academic, Vocational and Financial, (2) Alcohol and Other Drugs, (3) Aggression, Hostility, Anger and Violence, (4) Criminal Thinking, Behaviors, and Associations, and (5) Family, Marital and Relationships. The dedicated treatment specialists staff will also assist in identifying community and correctional programs that can aid with post -release services and coordinate the transition plan to ensure implementation and avoid gaps in service. Both the reentry specialist and service provider organizations will directly work with incarcerated male / female populations to facilitate participation in on-site structured cognitive behavioral counseling therapy sessions which could include: Onsite Cognitive Behavioral Curricula I Thinking For a Change (T4C): Provides cognitive restricting, social kills development and problem -solving Seeking Safety: Addresses co-occurring post-traumatic stress and { develops safe relationship structuring Criminal Lifestyles: Targets criminal thinking, attitudes, and behavior Anger Management: Emphasizes positive behavioral rehearsal Substance Misuse: Builds a foundation for recovery and managing relapse warning signs J Contracts and working agreements will need to be developed for these service providers. Through these contracts, the specific budget allocation, number of program participants (capacity) will be established. Experiences in large jail reentry programs conducted in other California counties shows, for example, that such working arrangements with multiple qualified service providers, working in conjunction with dedicated on-site reentry specialists, will likely range between $1.2 - $1.5 million a year. The number of inmates and per diem daily reimbursement rate involving State or federal correctional agencies leasing detention custody beds for offenders will have to be investigated and contracts negotiated to determine the actual impact on the City Jail's budget. Prevailing per diem rates have ranged from about $90 to $105 a day for participating inmates detained in local detention facilities. The consultant team believes that because the California Department of Corrections and Rehabilitation (CDCR) is making significant financial investments in reestablishing and expanding to prior levels inmate treatment services and community transitional reentry programming that they should be the first contacted by the Jail administrator. CDCR has specifically committed new funding resources for the following: California Department of Corrections (CDCR) Reestablished Inmate Services and Reentry Treatment Programming • Substance abuse treatment programs have been expanded. ■ Other cognitive behavioral treatment programs including criminal thinking, family relationship, and anger management have been expanded. ■ Transitional preparation courses focusing on job readiness and financial literacy have been expanded. 81 . . o • • While these programs and others are largely focused on the rehabilitative aspects of preparing for release, additional investments have been made to provide offenders with basic necessities prior to release and linking them with community services upon release. More importantly, in the 2018-19 approved State budget, a voluntary community reentry program was established to allow eligible participants to serve the last year of their sentence in community-based reentry centers while being directly linked to a range of rehabilitative services, including substance use disorder treatment, mental health care, medical care, employment, education, housing, family reunification, and social support in their community of release in lieu of confinement in state prisons. Construction Cost For Implementation of Jail Reuse Feasibility Option A construction cost analysis was also developed which included detailed expenditure information showing the overall fiscal impact the City would likely incur if each jail reuse option was pursued through construction and ultimately implemented. The construction cost analysis included a summary conceptual cost statement showing building construction and project costs associated with each of the five jail reuse options. The information covered cost factors that included (a) estimated range of building design changes; (b) escalated construction costs; and (c) other project - related expenses. The following Statement of Probable Construction and Project Costs reflects the consultant team's estimate of the total cost that will be required to convert one housing unit quasi -outdoor recreation yard to programming / classroom usage. As the analysis shows, the renovation work and base construction with estimates for construction contingencies, A/E fees, CM inspections, and FF&E expense will amount to $3,028,574. Expenditure Category I Estimated Cost mstruction Costs: $ 234,800 Base Construction $ 1,592,847 General Contractor Overhead & Profit $ 159,285 General Contractor Markups $ 87,607 General Contractor Bonds $ 41,394 Design Continqency $ 376,227 Market Factor $ 90,294 Sub -Total $ 2,347,654 Construction Contingency (10%) $ 234,800 A/ E Fees (10%), $ 234,800 CM Inspection (49/6) $ 93,920 Mscellaneous (2%) $ 46;960 FF&E (10%) $ 70,440 Sub -Total A --_--- $ 680,920 Total $ 3,028,574 (See Appendix E. Santa Ana City Jail Reuse Options Detailed Construction and Project Cost Estimates) 82 orl0 D. Advantages / Disadvantages Considerations: As part of the assessment evaluation process, the consultant team also utilized an SWOT analysis strategic planning technique to identify the strengths, weaknesses, opportunities, and negative impacts associated with each Jail reuse feasibility option. The SWOT analysis is intended to take the objectives of each reuse option or project and identify the internal and external factors that are favorable and unfavorable for achieving individual project objectives. Based on the results of the SWOT analysis process, a summary ranking from best to worst for the implementation of the proposed five Jail reuse options was also examined in this Study. Analysis of this information and related fiscal impact data was used to form the recommended ranking which is highlighted in the following analysis. Advantages / Disadvantages and Ranking From Best to Worst For Jail Feasibility Reuse Options ❑ Transitional Jail Community Reentry Treatment Facility: This Jail Reuse Feasibility Option will continue the facility's use as an adult detention facility with expanded rehabilitative treatment and supportive evidence -based "best practice" programming which can be offered through leased custody beds to other correctional agencies including the California Department of Corrections and Rehabilitation (CDCR). Advantages (Strengths) - Use of the Jail as a reentry treatment facility fits the character of the building. The expanded services and other new classroom programs which will be initiated complements the facility's existing array of inmate programming services. - The Type II detention facility is extremely secure and has state-of-the-art security systems that are fully functioning and is designed to continue ensuring the safety of local inmates, other correctional agencies, and the public. Conversion of the City Jail to a reentry treatment facility should present few problems because highly experienced and qualified personnel (current and former custody staff) are in place to properly supervise jail detainee populations. - Current established policies and procedures for processing inmates would continue to govern daily essential facility operations. - The interior and exterior of the facility located in downtown Santa Ana near the Orange County Jail is extremely well maintained and does not require upgrades in order to accept other correctional agency detainees. The building is predominately of concrete wall construction which shows no signs of structural failure or wear requiring maintenance or upkeep. - The existing building's mechanical systems are in good overall condition. The HVAC system operates normally and the fire alarm system is operating without issues. The electrical system, while it is original to the building, is also operating without issues. - The renovation of the recreation yard and conversion to program space would provide a facility -wide total area containing 7,033 square feet for classroom activities. This would raise the dedicated classroom / program areas to approximately 4.5% of the total 168,243 square feet contained in the building. 83 65A-90 This expands available classroom and programming space at the Jail by nearly 40.0% compared to what is found in typical California jail facilities. Most of the movable furniture, fixtures, and equipment (FF&E) required for a transitional Jail community reentry facility has already been purchased and installed at the City Jail. The City will only have to incur an additional small expense in FF&E purchases for the expanded new 2,200 square foot classroom space which will be added to the Jail. Because the existing facility is already designed for the processing and housing of inmates and has been operating on a daily basis, the conversion of the quasi - outdoor recreation yard to classrooms and inmate programming space will only require a13 month schedule to conclude. Disadvantaoes (Weaknesses) The Jail lacks highly qualified reentry program specialists. The Jail will need to recruit and hire additional trained reentry specialists and contract with community-based service providers knowledgeable with the delivery of evidence - based inmate validated reentry assessments, cognitive behavioral therapy, and rehabilitative treatment for convicted offenders. - The City would continue to be responsible for the repayment of the annual debt service on the Jail building through 2024. In order to be able to offer expanded inmate programming at the facility, the City will have to incur a one-time project and construction cost of approximately $3.0 million expense for remodeling the recreation yard for conversion to classrooms and other programming areas. Opportunities - There is a need to build a continuum of reentry services that starts in the Jail and continues when local inmates transition into the community. Developing reentry services for inmates leaving jail reduces reoffending rates. - The reentry programming and services could be directed to sentenced offenders using a contract detention bed agreement with outside State and federal correctional agencies. Such an arrangement would lower the City's annual general fund allocation which must be made to the Jail's budget to support general staffing and detention facility operations. Negative Impacts (Threats) - There has been great community opposition to continue use of the existing building as a detention facility. Much of the opposition has surrounded the use of the building as an ICE -contracted facility. There will likely continue to be some vocal opposition to any use of the facility related to correctional or detention purposes. Contracting with outside correctional agencies for leased custody beds places the City in a position of continually being dependent upon the State or federal budgeting process for continuing contracts into future years. 84 65A-91 Jail Reuse Feasibility Study Vanir Consultant Team Recommended Feasibility Options Ranking Based on the results of the analysis and evaluation process, a summary ranking from best to worst for the implementation of the proposed five jail reuse feasibility options was established by the Vanir consultant team. Analysis of this information and related fiscal impact data was used to form the following recommended implementation ranking: Transitional Jail Community Reentry Treatment Facility Recommended Ranking: Jail Reuse Implementation Option #2 The third potential Jail Reuse Feasibility Option the consultant team analyzed focused on a scenario which involves renovating and reusing the City's Jail building as converted new general office space. This office complex would contain individual offices, staff work stations, public lobby / restrooms, staff lounges, and other ancillary spaces which could be leased to individuals and small business operations. An initial review of the structure for potential transition from the Jail to office space usage revealed that the total usable area contained in the Jail's four levels is approximately 168,243 square feet. This feasibility option keeps the hardened utility walls in place to provide access for mechanical, electrical, and plumbing (MEP) systems, plus communications (telephone, data, and internet) upgrades. These upgrades are needed to ready the available spaces for office use and for continued maintenance following the building's transition. i Santa Ana City Jail Reuse Feasibility Study Reuse Option Scenario General Community Commercial Analysis and Assessment. Office Space Use The assessment information and supporting data which the consultant team developed is summarized and highlighted in the following analysis: Operational Information, Fiscal Analysis and Advantages/Disadvantages Considerations A. Description of Jail Reuse Option: This feasibility option would involve major remodeling and renovation of the existing City Jail building structure and systems that would result in a new modern general commercial office complex. The office complex would contain a wide range of office arrangements which could be leased to individuals, start-up companies, and existing businesses needing additional work areas for themselves or recently hired staff. Commercial businesses looking for expand work stations to accommodate expansion of their proprietary services or product lines would be target candidates to occupy this revised space. The building renovation and new construction would make available a total of 168,243 square feet of space which would support office environments on four levels of the building. Level one contains the largest area and level two contains the smallest area of space as shown in the following Table. The third and fourth levels of the facility each contain an area which accounts for approximately one-fourth of the building's total space. 85 65A-92 The predominate downtown Santa Ana City location combined with the fact that the interior and exterior of the building is extremely well maintained and shows no signs of overall wear or need of upkeep should facilitate the change to a commercial office use. High quality space finishes such as granite, porcelain fixtures, wood doors, and flooring throughout the building should also make it as an attractive new office complex. Santa Ana Jail Reuse Office Option: Conversion to Shared Office Space Close review of the downtown site location, building structure, and systems condition considerations does reveal the following: Site Location: One major positive for this option is that the vicinity around the Santa Ana Jail lacks an abundance of available office resources. The closest concentration is anchored in Costa Mesa where several office -available facilities encircle the areas businesses and shopping resources. Having office space located in the Santa Ana Civic Center Plaza area could be favorable and possibly profitable. Area parking options and /or public transportation access will need to be studied / identified to determine how this reuse option will impact the area traffic conditions when the office building option occupation is at its peak level. Building Structure and Systems Condition Considerations: The first floor contains the largest area in the building. The second floor contains the smallest area of space where administrative functions and inmate release processing occur. The third and fourth floors contain inmate cell -style housing space, and will require the largest portion of transition renovation work. Exterior structures and elements were originally based on restricted access, security, and durability, so most are in good shape and reusable with some minor redesign to make access and use less cumbersome. The paint, furniture, and fixtures are predominantly in very good to excellent condition throughout most of the building. Original flooring is found throughout the facility and most of it is in good condition as it has been cleaned and waxed on a regular basis. Although the carpet appears to be in adequate condition, it is showing signs of wear and age, and not modern enough for an office setting and should be replaced or removed. Reliable access to all four levels is paramount. There are five elevators within the. Jail — three are currently used for inmate movement only, and two are for staff only. All elevators are controlled by card access and intercoms. The elevators were reportedly custom made for the facility and finding repair / replacement parts for these custom units has proven difficult in the past. This requires serious replacement considerations regardless of which reuse option is chosen as lack of dependable vertical conveyance could be a major and costly obstacle. 86 65A-93 Total Available Building Space Contained I in the Santa Ana City Jail by Level f { 1 si Level 2n0 Level 3rd Level 4d' Level Total f 48,772 34,087 43,652 41,733 I 168,243 29.0% 20.3% 25.9% 24.8% 100.0% The predominate downtown Santa Ana City location combined with the fact that the interior and exterior of the building is extremely well maintained and shows no signs of overall wear or need of upkeep should facilitate the change to a commercial office use. High quality space finishes such as granite, porcelain fixtures, wood doors, and flooring throughout the building should also make it as an attractive new office complex. Santa Ana Jail Reuse Office Option: Conversion to Shared Office Space Close review of the downtown site location, building structure, and systems condition considerations does reveal the following: Site Location: One major positive for this option is that the vicinity around the Santa Ana Jail lacks an abundance of available office resources. The closest concentration is anchored in Costa Mesa where several office -available facilities encircle the areas businesses and shopping resources. Having office space located in the Santa Ana Civic Center Plaza area could be favorable and possibly profitable. Area parking options and /or public transportation access will need to be studied / identified to determine how this reuse option will impact the area traffic conditions when the office building option occupation is at its peak level. Building Structure and Systems Condition Considerations: The first floor contains the largest area in the building. The second floor contains the smallest area of space where administrative functions and inmate release processing occur. The third and fourth floors contain inmate cell -style housing space, and will require the largest portion of transition renovation work. Exterior structures and elements were originally based on restricted access, security, and durability, so most are in good shape and reusable with some minor redesign to make access and use less cumbersome. The paint, furniture, and fixtures are predominantly in very good to excellent condition throughout most of the building. Original flooring is found throughout the facility and most of it is in good condition as it has been cleaned and waxed on a regular basis. Although the carpet appears to be in adequate condition, it is showing signs of wear and age, and not modern enough for an office setting and should be replaced or removed. Reliable access to all four levels is paramount. There are five elevators within the. Jail — three are currently used for inmate movement only, and two are for staff only. All elevators are controlled by card access and intercoms. The elevators were reportedly custom made for the facility and finding repair / replacement parts for these custom units has proven difficult in the past. This requires serious replacement considerations regardless of which reuse option is chosen as lack of dependable vertical conveyance could be a major and costly obstacle. 86 65A-93 Commercial Office Space Trends With the mobile aspect of today's office technology and the use of smart phones, laptops, and internet enabling individuals to work from just about anywhere, the traditional office setting has become antiquated in some industries. As a result, traditional office spaces with fully -furnished corporate offices, executive suites and business centers have become increasingly less popular in recent years. With on - demand offices around the country and growing, many businesses are able to perform executive level tasks without ever stepping foot in a dedicated office. Some office space providers, such as the company Davinci, offer meeting space rental by the day as low as $20 per person or $5 per hour for co -working space at multiple locations across the country. In the greater Los Angeles and Orange County areas, there are 15 examples of such businesses that offer a wide -range of informal office arrangements as shown in the following Table. 1. Examples of Commercial Wide Range of Office Greater Los Angeles We Works Locations Arrangements and Orange 9. Offering a in the County Area Klever Do 2. Re us 10. EI Cam 3. Impact Hub 11. Industrious 4. Liquid Space 12. Tech Space 5. Epenpheny Space 13. Seredipity Labs 6. CTRL Collective 14. Biz Haus 7. Muse Room 15. Union Cowork 8. Blank Spaces Many of these businesses are designed for professionals on the go, or start-up companies that can't afford a long-term lease r� option. Services usually include a formal business address to receive packages; a dedicated phone number with a shared j receptionist that will answer calls under the � --- renter's company name; an administrative assistant; conference rooms with state of the art technology; personal phone booths to take cellular calls throughout the day; and a shared work / copy room. These office space designs are available for different types of industries, as well as client types. For example, a youthful startup tech company may be more enticed by a conference room with bean bag chairs than a traditional table and stuffed chairs. According to the Dallas Morning News, in the last decade, many businesses have shifted from individual office spaces to open work spaces to improve collaboration among the workers. The end result is a reduction in the high cost of construction for corporate office space. As an example, JP Morgan Chase's and Liberty Mutual Insurance in Plano, Texas do not have assigned offices or desks, and their staff keep personal items in an assigned locker or cabinet when they leave for the day. This new modern workspace is a transition from the traditional layouts to a mix of open workspaces and enclosed rooms for meetings and when 87 65A-94 confidential conversations are critical. This work arrangement favors the new young up-and-coming workforce. B. Facility Building / Svstems Modifications: The work for this option entails a total renovation and remodeling of the City Jail, converting the existing 70 square foot Jail cells into small individual offices with data, telephone, WIFI, electrical, modern lighting, built-in work stations, acoustics materials, and wall finishes. Additionally, some cells would be combined into slightly larger offices and meeting spaces. Inmate housing dayrooms would be converted to larger co-worker, social, and networking areas. Public lobby / restrooms, staff lounges and other ancillary spaces would also be designed and included into the scope of construction. After meeting with multiple Vanir experts working in the public, private, and commercial sectors, the consultant team concluded that based on the Jail's location, condition, and attractive exterior, it has several positive elements for use as either a permanent or on -demand office resource. With approximately 168,243 square feet of usable space between four floors, it could be made office suitable in a comparatively short period of time, relative to any other non jail options. The extent of the modifications varies throughout each portion of the building as well as each functional use area, but general modifications are described below. Administration and Intake / Release Areas: The expansive 27,763 square foot combined intake / release and administration areas can be redesigned and reimagined in multiple ways. The administration area and portions of intake / release are already laid out with a standard office floor plan and equipment including larger meeting spaces. The administration area alone contains thirteen cubicles of varying size, four offices, and two conference rooms including a roll call room that can seat up to 25, including a small break area with two microwaves, two 2 -stall restrooms for male and female employees, staff lockers, a small kitchen, and a copy room. Administration supply areas can also serve the facility as a common supply storage. Redundant space can be used for additional office work spaces and / or storage. Existing office space in intake / release can be modified to suit more traditional office furniture and equipment. The holding cells and two dormitories will require additional modification to soften their appearance and remove the institutional feel. The large open seating area in intake / release could be laid out as a large auditorium that can serve as a main conference room or seminar hall, and with the addition of partition walls, be subdivided for use as two mid-sized conference / seminar rooms / classrooms, or subdivided even further for break- out rooms, cubicles, work rooms, etc. As this area is also equipped with six telephones, seating, two unisex restrooms, water fountain, a staff restroom, and offices, it can also be used for medium -to -small media events. There is even a glassed in landscaped courtyard to calm the area. The adjacent personal property storage room has space for 450 property bags on a rack system that could be divided into temporary storage for clients. Additional storage is also available in the adjacent bulk property storage room for function / activity furniture and equipment. Public Lobby: The public lobby is in excellent condition and with the removal of some of the security glazing, it will make for a very professional entrance to the facility. 88 65A-95 Visitation: Three interview rooms and three visitation booths on the first floor could be easily modified for small professional offices, cubicles, or private phone booths for employees and client use as needed. Medical / Mental Health: Office space in this area could be converted to offices and employee breakrooms as some are already designed for and contain sinks, refrigerators, etc. Housing Units / Dayroom Space: The housing units on the third and fourth floors (including mezzanines) are well suited for small offices, cubicles, and privacy stalls for non -permanent / co -work occupants. With high ceilings and natural light in each cell and adjacent recreation yards, it can be designed to maximize space and style for a very modern look. The interview rooms and classroom space within each housing unit can also be used as large meeting and / or conference areas. Dayrooms located on the third and fourth floors can be used for general circulation, medium -to -large offices, and breakrooms. The following graphic display shows an example of the conversion which could take place in the Jail's housing areas. Jail Housing Before Modern Office After - �� rv�.r r ' I - r 1co Was usaearono� I elan 6.my vo.wowM I I j ' � � I' I _I �. 1 G1FTme M[t• � 6Fadxwi0 Ir I_.I Ir � L l 1 -tl: { �' •tl•• l I-[uz RrA eee� y' '` -4 - i- F f - i � •- r� � r 7 I' I I i ihoe we J. I Certeu yN Mw; TbCNp 1 �- CELL Conversion to Otrco Spaao17 l �70 Square Feel I { IL._i._� I. �..I-_.�`_ Quasi -Outdoor Recreation Yards: The quasi -outdoor recreation yards adjacent to the housing units could be converted to elegant courtyards with lush landscaping, tables and benches for staff and visitors. These areas would be suitable for outside breaks, snack, learning, quiet, and meeting areas. 89 • o •, Food Service: The existing kitchen could continue operations with the installation of a small cafeteria restaurant and dining area. A combination vending machine / snack area and break room could be added for employee and visitor use as well. Laundry: The laundry facility is a large open space that should not require much demolition, but will require significant modification to be used as office space. Alternatively, it could be divided into secure areas (with materials such as chain link) to be used as storage for the building's tenants. Vehicle Sallyport. The vehicle sallyport could be used as designated parking for ADA access, visitors, or upper management. Exterior secured sallyports can be made suitable for deliveries and private / controlled entry as deemed necessary. The nearby parking garage should adequately serve the remainder of the staffs parking needs. Maintenance / Storage / Utilities: The facility's maintenance and storage areas are well distributed throughout the facility and should be adequate for the office space reuse option. The plumbing has been identified as needing major work to bring the facility up to code and to supply adequate water services to meet the maximum proposed occupancy levels. Electrical systems appear to be acceptable on the first two floors, where most administrative functions occur, but will need updating in the current third and fourth floor housing units. Operable and environmentally -efficient HVAC systems are a must. A review of these systems showed they will need some updating, but not to the extent needed for the data center option as the primary function will remain as comfort -level personnel heating, ventilations, and air- conditioning. Gas, water, sewer, electrical, and telephone services will need to be re- evaluated based on the loads required to service the reuse design for the future offices, but this would be required for any of the reuse options. Systems including electrical (high and low voltage and lighting), mechanical, plumbing, internal / external communications, access, and security will also need to be re-evaluated based on the loads required to service the reuse design for the future offices. These are most required on the third and fourth floors where these systems were previously based on minimal access and restricted use. Security. Review of the current security elements show that the facility has both optics and sensors which make the facility safe for the purpose of the office space reuse option. Proximity to local law enforcement response is also a plus. As the building was a former Jail, no one can predict if there is any ill will harbored by previous occupants or sympathizers. The consultant's view is that with the Police Department located next door and County Jail nearby, any such threat would be minimal. As with any building, security measures should be reviewed to minimize / eliminate threat potential. Circulation: Interim floor space can be used for large item storage, facility -specific data center, utility chases and / or maintenance areas. Specific Commercial Office Space Conversion Considerations The conversion of the Santa Ana City Jail to an office center would make good use of all existing building spaces, including inmate housing, as the majority of requirements to do so are surface / facial only. Based on the consultant team's research and experience, they believe the following elements could be seriously considered for converting the Santa Ana City Jail for reuse as commercial office space. T 65A-97 Reuse of Interior and Exterior Personnel Use Areas - Most walls will need to be softened by attaching framing and drywall coverings to the existing concrete walls. - Most ceilings would need to be softened with the addition of drop ceilings to hide wiring and pipes. - Generally, the floors have been well-maintained and are in good condition, less the carpet. Thus, the emphasis can be placed on just one replacement requirement. - Future exterior wall offices can be spaced to include / not include an existing window. These can, perhaps, be designated as executive -style offices with a view. - The hallways, multi -use / multi-purpose rooms, and interior office spaces can be designed within the housing unit dayroom areas. - Building systems (HVAC, telephones, data) are currently operational, but should be reviewed and upgraded to meet new design loads for all space and current code if / as needed. - Adequate space is available at the mezzanine levels for placement of primary / emergency power, HVAC, diverse fiber entries, and communication mainframes. - Modularize Dayroom space to maximize reuse option. - Maintain loading docks for equipment, furniture, and large item delivery access in a secure area. Reuse of Building Infrastructure - The building structure layout, which includes large column bays at 30' x 50', is well suited for offices. - Existing walls, stairs, doors, and windows are in good condition and may not require immediate replacement. - Some walls may need to be altered and / or removed. - Upgrade and / or replace systems equipment (chillers, pumps, power, and fire sprinklers) to meet current code. - Some utilities such as plumbing will require replacement. Reuse of Mechanical/Electrical/Data / Telephone Systems Power requirements may be inadequate for an office environment given the existing occupancy. Currently 58.0% of the building, because of its inmate nature, will not have power for laptop computers, phone/PAD chargers, and other office equipment. Designer should provide a full study based on projected service loads. Cooling / exhaust equipment may need to be upgraded because of the change in use, to meet code requirements. Reconfiguring existing utility services and entries may be needed to meet current code requirements. Reuse of Fire Protection Infrastructure - Upgrade existing smoke detection system to meet current code. - Because office space has exceedingly more furniture and equipment than a jail environment, there will be more fire loading which will likely require a different fire control system than currently installed. 91 o • • C. Fiscal Analvsis: A construction cost analysis was also developed which included detailed expenditure information showing the overall fiscal impact the City would likely incur if each jail reuse option was pursued through construction and ultimately implemented. The construction cost analysis included a summary conceptual cost statement showing building construction and project costs associated with each of the five jail reuse options. The information covered cost factors that included (a) estimated range of building design changes; (b) escalated construction costs; and (c) other project -related expenses. The following Statement of Probable Construction and Project Costs reflects the consultant team's estimate of the total cost that will be required to convert the Santa Ana City Jail to a commercial office complex from which leased space would be available for general office environment functions. The conversion to office usage would involve the renovation and modification of the four level building containing 168,243 square feet of space. As the analysis and cost estimate shows the renovation work and base construction with estimates for construction contingencies, and project costs for A/E fees, CM inspections, and FF&E expense will amount to $23,015,707. The base construction cost, with general contractor overhead, bonds, profit and placeholders for design contingencies and market factors is estimated at $16,923,427 which amounts to a cost of approximately $100 a square foot. Expenditure Category I Estimated Cost Base Construction $ 11,482,287 General Contractor Overhead & Profit $ 1,148,229 General Contractor Markups $ 631,526 General Contractor Bonds $ 298,396 Design Contingency $ 2,712,088 Market Factor $ 650,901 Sub -Total $ 16,923,427 Construction Contingency (10%) $ 1,692,300 A/ E Fees (10%) $ 1,692,300 CM Inspection (4%) $ 676,920 Miscellaneous (2%) $ .338,460 FF&E (10%) $ 1,692,300 Sub -Total $ 6,092,280 Total $ 23,015,707 (See Appendix E: Santa Ana City Jail Reuse Options Detailed Construction and Project Cost Estimates) Potential Return on Investment We conducted a search for private or co -work offices / workspace facilities such as Regus, Target, and We -Works in the Santa Ana Area. Our research shows office space facilities are available in nearby Anaheim, Costa Mesa, Irvine, and Orange, but not in Santa Ana. One selling point these organizations are using is their fast access 92 65A-99 to Santa Ana courthouses. The proximity of the Santa Ana Jail site to the courthouses within walking distance could be a draw for certain types of tenants (attorneys, paralegals, etc.). Repurposing the kitchen and adding a dining area for reuse as a restaurant would make good use of existing high-end equipment and fixtures and provide yet another potential income resource. Workspace pricing for similar office space facilities in Anaheim and Costa Mesa ranges from $300 to $400 per person / per month (on a minimum 24 -month lease agreement). In Irvine and Orange, it ranges from $400 to $500. As outlined in the Table below, ten executive offices with 250 SF each, rented for $5,000 / month equates to $50,000 gross revenue, less expenses. Many more offices can be provided at 150 SF (medium), and 100 SF (small), plus enumerable shared cubicles, gathering and conference rooms. Also, memberships are also common to companies with co -work office space. There are templates available to calculate this income, along with some ideas on how much cost and income can be expected as the facility becomes occupied (see resource item' below). Please note that the template uses floor space available on a one-story facility, so it shows figures at far less than what is possible with the Santa Ana Jail with its existing four-story structure. By further researching the local co -work office space market, the City can get a better feel as to the type of designs that are most popular and in demand in and around the Santa Ana Jail. Additionally, the City will need to determine the type of shared workspace they will provide, or if the intent is to convert it into one large office space for one organization only. The following Table highlights typical themes offered by the workspace businesses those that young professionals would expect. 93 65A-100 Ana City Office Reuse Sample Revenue Jail Commercial OptionSanta Streams Office Square Footage Monthly Rate Offices Available Total Gross Revenue 250 sf $5,000 10 $50,000 150 sf $3,000 6 $18,000 100 sf $2,000 40 $80,000 By further researching the local co -work office space market, the City can get a better feel as to the type of designs that are most popular and in demand in and around the Santa Ana Jail. Additionally, the City will need to determine the type of shared workspace they will provide, or if the intent is to convert it into one large office space for one organization only. The following Table highlights typical themes offered by the workspace businesses those that young professionals would expect. 93 65A-100 Examples of Area -wide Offerings Work Space Arrangements Definition Flex Desk Shared Tables Semi -Private Office 2 to 3 Desks Private Office 1 Desk 1:t come, first served Private Reserved Office 1 Desk, Reserved Conference Rooms Reserved Meeting Rooms 2-4 Persons Phone Rooms Small Closet -Type Rooms Lounge Soft -Seating, Low Tables, TV High -Speed Internet Wireless Bevera a Bar Coffee,Tea,Beer Lockers Half -Size Bike Use & Storage Bikes Provided & Storage Pet Friendly Dogs 24 -Hour Access Key Card Access Parking Membership Natural Light Exterior Windows Modern, Cozy Desi nerTheme Virtual Office Answering Service, Mailbox Phone Apip Door Access, Reserve Rooms Connecting Sessions Networking, Business Advice The consultant team also recommended reviewing a You -Tube vide02 that provides a virtual walk-through of a one -floor office / co -work office space facilitv that is occupant ready. D. Advantages / Disadvantages Considerations: As part of the assessment evaluation process, the consultant team also utilized an SWOT analysis strategic planning technique to identify the strengths, weaknesses, opportunities, and negative impacts associated with each Jail reuse feasibility option. The SWOT analysis is intended to take the objectives of each reuse option or project and identify the internal and external factors that are favorable and unfavorable for achieving individual project objectives. Based on the results of the SWOT analysis process, a summary ranking from best to worst for the implementation of the proposed five Jail reuse options was also examined in this Study. Analysis of this information and related fiscal impact data was used to form the recommended ranking which is highlighted in the following analysis. Advantages / Disadvantages and Ranking From Best to Worst For Jail Feasibility Reuse Options ❑ Community Commercial Office Saace: This Jail Reuse Feasibility Option will involve major renovation of the existing City Jail building structure and systems that would result in a new modern general modern office complex. Advantages (Strengths) - Many businesses are shifting from individual office spaces to open workspaces to improve collaboration among the workers. This new modem workspace is a transition from the traditional layouts to a mix of open workspaces and enclosed rooms for meetings and when confidential conversations are critical. This work arrangement favors the new, young up-and-coming workforce. 94 65A-101 The building renovation and new construction would make available a total of 168,243 square feet of space which would support office environments on four levels of the building. Level one contains the largest area and Level two contains the smallest area of space. The third and fourth levels contain an area which accounts for approximately one-fourth of the building's total space. The commercial office complex would contain a wide mix of office arrangements which could be leased to individuals, start-up companies, and existing firms needing expansion workspace. Companies with proprietary services and product lines would be target candidates to occupy this remodeled space. Having office space located in the Santa Ana Civic Center Plaza area could be favorable and possibly profitable. The vicinity around the Jail lacks an abundance of available office resources. The closest concentration is anchored in Costa Mesa where several office -available facilities encircle the area's business and shopping resources. Existing 70 square foot Jail cells would be converted into small individual offices with data, telephone, WIFI, electrical, modern lighting, built-in workstations, acoustic materials, and wall finishes. Some cells would be combined into slightly larger offices and meeting spaces. Inmate housing dayrooms would be converted to larger co -work, social, and networking areas. Public lobby / restrooms, staff lounges, and other ancillary spaces would also be designed and included in the office building. The quasi -outdoor recreation yards adjacent to the housing units would be converted to elegant courtyards with lush landscaping, tables, and benches for staff and visitors. These areas would be suitable for outdoor breaks, snack, learning, quiet, and small group meeting areas. The Jail has both optics and sensors which make the facility safe for the purpose of the office space reuse option. The building structure layout which includes large column bays at 30'x 50' is well suited for offices. Existing structures and elements were originally based on restricted access, security, and durability so most are in good shape and reusable with some minor redesign to make access and use less cumbersome. The paint, furniture, and fixtures in the facility are predominately in very good to excellent condition throughout most of the building. Original flooring is found throughout the facility and most of it is in good condition as it has been cleaned and waxed on a regular basis. The plumbing chase in cell areas allow for relatively easy remodeling access for infrastructure placement of electrical, telephone, data, and WIFI circuitry which will minimize overall renovation costs. Disadvantages (Weaknesses) - With the mobile aspect of today's office technology and the use of smart phones, laptops, and internet which enables individuals to work from just about anywhere, the traditional office setting is becoming antiquated in some industries. 4r, 65A-102 Because the office space option is a major change from the custody model, building codes of the day pertaining to the new use would be enforced. Electrical power requirements may be inadequate for an office environment given the existing occupancy. Because of its inmate nature, the Jail will not have power for laptop computers, phone/PAD charges, and other office equipment. Because office space has exceedingly more furniture and equipment than a jail environment, there will be more fire loading which will likely require a different fire control system than is currently installed. There are five elevators within the Jail. The elevators were reportedly custom- made for the facility and finding repair/replacement parts for these custom units has proven difficult in the past. This requires serious replacement considerations regardless of which reuse option is chosen as lack of dependable vertical conveyance could be a major and costly obstacle. Although the building's carpet appears to be in adequate condition, it is showing signs of wear and age, and is not modern enough for an office setting and should be replaced or removed. In order to renovate / remodel the City Jail complex to accommodate a general commercial office use, the City will have to incur a one-time significant project and construction expense of approximately $23 million. This amounts to a renovation cost of approximately $100 a square foot. The City would continue to be responsible for the repayment of the annual debt serve on the Jail building through 2024. - The duration of the building conversion design, bidding, and construction schedule will take place over a 15 month period. Opportunities - Because of present workspace pricing for similar office space facilities in neighboring Anaheim and Costa Mesa range from $300 - $400 per person on a 24 month lease agreement, this option has the potential to create a significant revenue stream. Repurposing the kitchen and adding a dining area for reuse as a restaurant would make good use of existing high-end equipment / fixtures and provide yet another potential income resource. - The proximity of the Jail site to local Courthouses (within walking distance) could be a significant draw for certain types of potential tenants including attorneys and paralegal service firms. The proximity to the Courthouses is a selling point nearby office facilities use in marketing their space. - Local jurisdictions have converted detention facilities into office buildings. The Bayview Correctional Facility, for example, in New York City which was constructed in 1933 is currently being converted to a women's non-profit office building sponsored by Warren E. Buffet. The remodeling will add offices, landscape terraces, and an art gallery. ER 65A-103 Negative Impacts (Threats) In the greater Los Angeles and Orange County areas, there are 15 of such business who offer a wide range of informal office lease arrangements for individuals, firms, and local business needing expansion workspace. - Most co -work space are in commercial office buildings containing an abundance of natural light. Key Summary Observations The conversion of the Santa Ana City Jail to a general commercial office center would make good use of all existing spaces including inmate housing as a majority of requirements to do so are surface / facial only. The 70 square foot cell design is consistent with the modem trend for smaller co -work office space. By further researching the local co -work office market, the City can get a better understanding as to the type of designs and space layouts that are most popular and in demand in and around the Santa Ana City Jail. Additionally, the City will need to determine the type of shared workspace they will provide or if the intent is to convert it into one large office space for one organization only. Jail Reuse Feasibility Study Vanir Consultant Team Recommended Feasibility Options Ranking Based on the results of the analysis and evaluation process, a summary ranking from best to worst for the implementation of the proposed five jail reuse feasibility options was established by the Vanir consultant team. Analysis of this information and related fiscal impact data was used to form the following recommended implementation ranking: Community Commercial Office Space Recommended Ranking: Jail Reuse Implementation Option #3 References and Acknowledgements 1 New Work Cities, https://nwc.co/3/coworking-business-model-template/ 2 We Work Office Tour by HeatherJustCreate, https://voutu.be/H7ZN4567zzA The fourth potential Jail reuse feasibility option the consultant team analyzed focused on a scenario which involves renovating and reusing the City's Jail building as a converted homeless shelter with supportive services space. The work for this option installs a canopy and staging area in the vehicle sallyport, and converts the existing Jail intake / release area into a day center and reception area for the local homeless populations seeking shelter. This would include seating, personal property storage, kennels, meal service, and meeting space for programs and social service outreach efforts. The layout and function of the housing units will remain relatively the same, however, there will be moderate renovation construction costs associated with removing all soft furnishings and fixtures due to sanitation needs generally associated with this type of use. 97 65A-104 While the consultant team members have extensive knowledge in the construction field, the process of how to establish and operate a homeless shelter falls somewhat out of their general field of expertise. However, the consultants are familiar with the Santa Ana Jail facility and can address the viability of renovation to best meet the needs of a traditional homeless shelter project. The following assessment and analysis speaks only to the potential of the Jail facility itself, and not the day-to-day operations of a shelter. As with any homeless shelter, final policies and procedures would dictate requirements for hygiene, sanitation, and length of stay. The observations described below in the assessment are provided solely as talking points for this initial review. Santa Ana City Jail Reuse Feasibility Study Reuse Option Scenario Homeless Shelter Housing and Analysis and Assessment: Supportive Services Space The assessment information and supporting data which the consultant team developed is summarized and highlighted in the following analysis: Operational Information, Fiscal Analysis and Advantages /Disadvantages Considerations A Description of Jail Reuse Option: This Jail reuse feasibility option would change the City's Jail facility to a converted homeless shelter with supportive services space. This conversion would install a canopy and staging area in the vehicle sallyport, and converts the existing Jail intake / release area into a day center and reception area for the local homeless populations seeking shelter. This would include seating, personal property storage, kennels, meal service, and meeting space for programs and social service outreach efforts. The layout and function of the housing units will remain relatively the same, however, there will be moderate renovation construction costs associated with removing all soft furnishings and fixtures due to sanitation needs generally associated with this type of use. Homeless Issue in Santa Ana and Orange County In 2016, The Courtyard was opened at the former Santa Ana Transit Terminal providing a safe and secure environment for those looking for shelter. The Courtyard is a joint venture between The Midnight Mission and Orange County, sleeping up to 400 people on a first come, first served basis. During the day, it is used as a drop-in center serving 250 to 450 guests looking for service connections, hygiene services, showers and restrooms, a meal, and a place to rest. Storage is provided for guests and security is provided around the clock.' Two additional permanent supportive housing projects are planned for 2018 including Aqua Housing and Santa Ana Veteran's Village. Aqua Housing is an acquisition and demolition project of an underutilized, blighted motel site to construct 56 permanent supportive housing units for chronically homeless individuals. The project includes 12 studios and 44 one -bedroom units with wrap-around supportive services. Santa Ana Veteran's Village is new construction of 75 permanent supportive housing units for homeless veterans. The project includes 70 one -bedroom and five two-bedroom units with wrap-around supportive services? According to the area's 2017 point -in -time homeless count, nearly 5,000 people go without permanent shelter in the County. Santa Ana has been working to address the homeless camps in the City by working to clear Santa Ana Civic Center and riverbed encampments where approximately 500 to 1,000 people sleep nightly (see chart below). In late February 2018, Santa Ana provided motel vouchers by relocating 98 65A-105 them to better shelters3. The County continues to develop permanent affordable housing to alleviate some of these issues, but in the interim, the City is still faced with an immediate and dire need of shelter for their most at risk population. Orange County Homelessness Census Taken in 2017 Location Estimates State of California 134,278 Los Angeles County, CA 55,188 San Diego County, CA 9,160 Orange County, CA 4,792 Santa Ana, CA 1,000 Source: HUD 2017 Annual Homeless Assessment Report & Orange County's Point in Time (PIT) Count and survey 'As homelessness has spiked over the last several years, it has become evident that a regional plan and collaborative approach to coordinate local responses has become even more important. The City currently partners with local nonprofits, neighboring cities and the County to reduce and address homelessness. Santa Ana staff take every opportunity to participate in regional efforts and to participate in Countywide boards and organizations. "Z — City of Santa Ana: Addressing Homelessness Even though the long-term strategy to address and end homelessness across this country emphasizes permanent housing linked with supportive services, there is still a need for emergency and temporary shelter in every community, including Santa Ana. With such a clear need it seems prudent to consider utilizing the Santa Ana Jail facility as a shelter, if feasible. The following feasibility analysis highlights the strengths and deficiencies associated with such use. Important Factors to Consider in the Planning of a Homeless Shelter Project Planning a homeless shelter project, requires a deep understanding of the issues that are reflected in the programming to serve the homeless population which are necessary for the design of a homeless facility. Questions about users, program operations, budget, and services are some of the important questions for planning a homeless shelter project. The public may be hostile to the project (the not -in my - backyard mentality) also plays an important role in the planning process, especially if the homeless shelter is to serve a general homeless population. Planning a homeless shelter for the general homeless population, creates a challenge to accommodate the diversity of needs from fiscal to mental disabilities. The design program should consider the need to provide separate entrances, for example, for the facility to divide the homeless by gender or mental ability. Hygiene regimens for homeless shelter facilities are also extremely important, and some facilities are cleaned three times a day to prevent infestations and the spread of disease. Finishes, furnishings, and equipment must be up to these durability and cleanable standards to meet demands of a 24/7 facility operation. Many homeless shelters also provide services beyond a bed and hot meal. For example, some shelters provide social worker counseling, health care, nursery care, literacy programs, and job readiness training. 65A-106 One of the most challenging aspects of shelter programming is to fully understand a homeless person's point of view. The typical homeless person is undergoing a crisis that has resulted in a change of lifestyle and the loss of familiar surroundings. This experience can effect a dramatic change in a person's world view, impacting their needs and priorities. The homeless often keep pets for companionship and protection. Homeless shelters that offer solutions for pets are more inviting and may be the deciding factor a homeless person to leave the streets. Homeless shelters should be developed in locations that provide easy access including available public transportation and amenities. Shelters should be integrated into the community, rather than being isolated. The overall layout of a shelter should be able to accommodate a growing population. These facilities should also consider separating men, women, and women with children. Designing separate entrances for each group provides comfort for the users and a sense of security. By providing a space with endless amenities; a kitchen, dining room, work-out room, library, laundry, study rooms, career and educational center, meeting rooms, addiction treatment rooms, etc. the users have access to a one-stop center to meet their rehabilitative needs and reenter society after their stay. User safety is another important aspect of a homeless shelter facility. Individuals want to feel safe and have a sense of security when choosing somewhere to sleep at night. To help ensure safety it is important to have the facility monitored 24/7 by security cameras and guards. Each person should be properly checked and searched when entering the facility for drugs, alcohol, weapons, or any other potential harmful items. Having lock cards, rather than keys for users to enter their personal rooms creates a sense of privacy and responsibility. Restrooms and showers should be private enough for users to feel comfortable, but open enough for employees to regulate activity. It is important to incorporate safety measures without creating a feeling of being institutionalized. Security during hours of operation are essential part of design to insure safety for both staff and homeless. Most homeless shelters are reluctant to take in dangerous clients to avoid potentially dangerous situations with other homeless people or staff. The best practices call for shelters to have staff members trained to not engage or restrain dangerous clients and a security / emergency plan which includes contacting the police. Universal design is critical when designing a public space, especially a homeless shelter. Universal design refers to design that is usable by the greatest amount of people possible. This is important for a shelter because of the variety of users. Shelters see men, women and children of all different ages and states of mind. These facilities should be design with wheelchair access and following the (ADA) Americans with Disabilities Act design guidelines. Homeless shelters are an important part of our community and provide the necessary help for hundreds of men, women and children each year to get back on their feet. There is no exact way to design a homeless shelter, but by incorporating these elements and working to create the most influential space possible for the homeless these spaces will see the highest success rate. Conversion of the Santa Ana City Jail to Homeless Shelter Jails are built to withstand heavy duty 24-hour use for many decades and the Santa Ana Jail is no different. With much of its usable life left, it is quite eye catching which is unusual given its use. Granite flooring and trim, wood doors with glazing, and soft finishes throughout create a very welcoming environment with great potential. While some modifications, such as the removal of some sallyports, and ingress and egress routes should be made to allow easier access for residents throughout the facility, the layout can lend itself to that of a homeless shelter without a major overhaul. 100 65A-107 Opening a homeless shelter takes extensive planning, community outreach, and support. If the City decides to pursue this option, it will need to develop a detailed operations plan in addition to policies, procedures, and guidelines for its staff, volunteers, visitors, and residents. This plan should include the populations it is intended to serve, the length of stay, and services offered. Vanir included some suggestions for policies and procedures throughout this report, but our main focus here is on the modifications needed to convert the Jail into a general use homeless shelter. While not specifically called out in each section, all modifications must meet current building code and ADA guidelines in addition to compliance with any state and local laws regarding the operation of a homeless shelter. Because this reuse option is a change from the custody model, codes of the day pertaining to the new use would be enforced. A shelter is often a newly homeless person's first contact with an organized societal response to their situation, making it an important first impression regarding outreach and support. Physical facility design plays a crucial role in any person's acceptance or rejection of this help. It's important to remember that the typical shelter resident is experiencing a crisis resulting in a change of lifestyle and the loss of familiar surroundings. This can cause a drastic change in their world view, also impacting their priorities and needs. Tips for Shelter Design Offered by Homeless Persons and Shelter Staff 9 • Waiting in line can be essential to secure scarce services. Visitors and residents may feel it is worth fighting for one's place. Offer a way to keep one's place in line that does not necessarily require physically standing in it. • Many homeless individuals are sensitive to seating locations that expose their backs and places that prompt feelings of vulnerability if they have a history of abuse or have been attacked. Strategically orient seating so users are facing out from walls. Carefully consider providing 'retreat' spaces as spatial volumes may be overwhelming. • Homelessness results in fragile personal identity. Using name tags instead of numbers to assign temporary ownership to beds or living spaces can help preserve a sense of self and individuality. • One of the largest mental challenges of homelessness is boredom as individuals are often out of sync with the schedule of work and family. Idleness can exacerbate feelings of worthlessness and disconnection so consider providing reading materials, newspapers, and gatherings or games as appropriate. • Balconies can be an aesthetic addition to a building, but they may also invite suicide attempts. These should be used with caution. • Provide separate restrooms for staff to shield them from getting lice or scabies, and increase their length of service. • Bedbugs can burrow into the wood grain and become impossible to eradicate so sleeping furniture should not be constructed of wood. • Some facilities are cleaned three times a day to prevent infestations and the spread of disease as hygiene is paramount. Furnishings, finishes, and equipment (FF&E) must meet these durability and rigorous demands of 24/7 use. As with any facility, safety is an important factor, especially in a homeless shelter due to its unique population. Like all individuals, visitors and residents want to feel safe with a sense of security while within the facility. To ensure the safety of visitors, residents, and staff, each person should be properly checked and searched for 101 65A-108 drugs, alcohol, weapons, or any other potentially harmful items when entering the facility. It is important to have the facility monitored 24/7 by security cameras and guards, and the existing Central Control should be retained for shelter use. Homeless Shelter Security Features 70 Due to the facility's current use as a Jail, the following important features are already in place: • Strong, secure doors, with safe entrances that cannot be forced open. • Internally locked entrances and doors with monitored access to the building • Technical monitoring system provided by Central Control. Indoor and outdoor security cameras. • Bullet resistant glazing. Other security changes in the facility should include the following: • Establish one location as the single main entrance to decrease security risks associated with having to monitor more than one entrance at a time. • Secure the land/area surrounding the facility, including any outdoor space, especially those used by more vulnerable populations such as the elderly, disabled, or women and children (e.g. fenced and locked gardens). • Chain link or security fencing and motion activated lights in any external areas not already well lit and monitored. • Provide personal safety alarms for all staff and volunteers. • Provide security staff for parking garage across the street. Many cities struggle with how to provide activities, shelter, and care for their homeless during the day. Oftentimes local businesses and residents complain about their encampments and loitering in public places. Providing a daily destination with games, televisions, reading materials, social activities, and imperative services and support not only helps the homeless, but it alleviates some of _= the community's concerns by providing them with a place to go. Day Center shelter operations help reduce loitering, panhandling, and public nuisance issues that many citizens consider a great concern. The expansive 27,763 square foot intake/release and Administration areas at the Santa Ana Jail present a unique opportunity to create a Day Center for both daytime visitors and overnight residents. These areas are currently equipped with six telephones, seating, two unisex restrooms, water fountain, a staff restroom, and offices. A designated hygiene area serving up to 49 people can be created by utilizing the ten holding cells and showers in the dress in/out areas. there are two dress in rooms, one each for males and females, with work tables, benches, and showers. The male dress -out room has a maximum occupancy of 20 inmates. The female dress -out room has a maximum occupancy of 15 inmates. Rolling fire doors pass through the clean laundry storage room between the two dress -in rooms. This area would be best utilized for residents as they check in to give them an opportunity to exchange their dirty laundry for clean donated clothing to help prevent 102 65A-109 bringing contagious or infections disease or pests into the facility. Their street clothes can be sent to the laundry or packed and stored in the personal property storage room accessible via a roller system from the dress in area. The personal property storage room can accommodate belongings for up to 450 persons. Additional storage is available in the adjacent bulk property storage room. Valuable property lockers are also available. The three Interview rooms, and three visitation — booths on the first floor could be easily modified di for professional visits with social workers and outreach programs. The medical exam rooms A r could offer minor medical treatment for those in -� need. Larger spaces could provide classes and/or µ meal service. r The administration area contains thirteen cubicles of varying size, four offices, and two conference rooms. The roll call room can seat up to twenty-five and contains a small break area with two microwaves. There are two two -stall restrooms for male and female employees, staff lockers, a small kitchen, and a copy room. The Administrative offices can continue to serve the facility and redundant space can be used for volunteer work spaces and/or storage. Flooring, paint, furniture and fixtures in this area are all in excellent condition. The following diagram shows the type of layout a homeless shelter would require on the Jail's first floor. Homeless Shelter Processing Center Graphic layout drawing shown in Jail Cony Only Facility Building/ Systems Modifications: To maximize the usefulness of the space and keep maintenance and sanitation at a minimum, the consultant also have also identified the following steps which should also be taken: 103 65A-110 Remove carpet, soft wall coverings, and untreated wood that may retain any bacteria, viruses, pests, or invite graffiti of any kind. Replace items with durable, high traffic flooring, paint, and finishes. - Add tables and seating for social activities such as card and board games, as well as dining needs. - Add additional televisions, telephones, and TTY/TTD or video relay device for visitors and residents. Offer day visitors the use of the dress in/dress out area so they may shower. Create a clothing closet for visitors and residents to exchange their street clothes for freshly laundered, new and gently used items to help keep the spread of bacteria, viruses, and pests at a minimum. - The visitation booth is currently non -contact and conducted through glass. Glass should be removed to create contact visitation between residents and outreach workers. Stools are not fixed allowing for ADA access, however height should be checked for ADA compliance. - Area can be noisy when busy. We recommend the addition of sound dampening materials throughout the area to help alleviate some of the reverberations. Materials used should be bacteria and pest resistant and able to withstand rigorous sanitation. Personal property storage is designed for up to 450 individuals and is inadequate when near capacity. The adjacent bulk storage could be used as overflow for Personal Property Storage. The two administration area restrooms for male and female employees contain some ADA aspects; however, the sink may not meet ADA height compliance. Housing Accommodations: With individual, double, and dormitory rooms, the shelter r has several options regarding population = distribution and length of stay. The Jail has I. 35.1% of its total area in housing and dayroom space. There are nine living unit y.} J wings and two dormitories at the Jail. The two 1 dormitories in the facility have capacities of 14 \ 1 ■ and 18 persons each. There are seven pods, each containing thirty-two double occupancy cells located on the third and fourth floors. Additionally, there are two pods, each containing 16 single cells on the fourth floor. Other than unit 4C, each unit has shared walls that can be retracted (roll -up into ceiling) and pocket doors that allow staff to join the two Housing areas. These retractable shared walls can create one larger unit, providing additional flexibility with the differing populations. The housing units are already designed for one or more individuals per cell or dorm. They contain dayrooms that provide indoor recreation, television viewing, telephones, places to dine, restrooms, and showers. There are classroom and program areas than can accommodate up to 20 persons for social activities, counseling, or religious services. Most housing units have outdoor or quasi -outdoor recreation yards adjacent to the dayroom than can be used for exercise and games such as basketball, volleyball, or handball. Rooms include a desk, toilet, and sink. Showers are located within the dayroom of the housing unit. Dorms contain portable chairs instead of fixed seats, and stack -a - beds are available to house overflow residents. Each dorm has a multi -toilet room near the back of the dorm and is connected to the emergency center. There are large curtains used to cover dorm windows for additional privacy or to screen females from males in the opposite dorm. 104 65A-111 The housing/dayroom area is 58,977 square feet. Should the housing configuration remain the same, the facility can sleep 512 as outlined in the chart below. Santa Unit Ana City Jail I a acit Bed Space Layout Room Type Dorm 1 14 Dorm Dorm 2 18 Dorm Pod 1 64 Double Bunk Room Pod 2 64 Double Bunk Room Pod 3 64 Double Bunk Room Pod 4 64 Double Bunk Room Pod 5 64 Double Bunk Room Pod 6 64 Double Bunk Room Pod 7 64 Double Bunk Room Unit 4D 16 Single Bunk Room Unit 4E 16 Single Bunk Room Total Beds 512 Vinyl -coated mattresses and washable linens are well stocked and available. The mattresses have an average lifecycle of 2-5 years depending on care, use, and material. There are several manufacturers offering mattresses with built in pillows that are bedbug resistant and can withstand the rigorous sanitation needs of a shelter. Desks, bunks, toilets, sinks, and fixtures are security grade and are tamper resistant. The lighted wood doors, porcelain fixtures, and natural daylight in most of the rooms and units helps soften the appearance of the facility. Because Units 4D and 4E are currently being used for the administrative segregation (maximum security) population, they have steel fixtures and doors that could be replaced with wood and porcelain finishes to soften the institutional feel in those units. The dayroom serves as the hub of the Housing Unit and would play a key role in the day to day lives of the shelter residents. It is an open, airy space with natural daylight, tall ceilings, and is attached to a quasi -outdoor recreation yard. Dayrooms have chairs, three televisions, a book cart/library, two showers on each level, a hot water sink, and cabinets. There is also one small classroom/multipurpose room with locking cabinets, a locked staff restroom, and small closet. There are currently six phones in each unit, but the system is capable of handling up to ten. The communal area will work well for social interaction amongst guests and could provide entertainment such as board games, table tennis, art programs and more. It is most cost effective to combine housing units using roll -up doors wherever possible to minimize supervision and staffing needs. One supervisor per every two housing units is recommended, unless using cameras to supervise areas from Central Control. To enhance the usefulness of the space and keep maintenance and sanitation at a minimum, we recommend the following: Tier level access and rooms should be used in housing units with residents without obvious mental health issues and/or suicidal tendencies. The City may consider eliminating or restricting them altogether to prevent risk of falling or self - harm. Cement and tile flooring should remain, but carpet and soft finishes should be removed for sanitary and maintenance reasons. They should be replaced by durable bacteria resistant flooring materials. 105 65A-112 Wood furniture and cloth materials should not be used as they can harbor bacteria and pests. Replacement furniture should be durable, graffiti resistant, and easily cleaned. Install curtains in each cell window to offer additional privacy for the resident. Removing the desk and chair from cells would create additional space for personal property. Create and maintain a strict daily maintenance and sanitation schedule. Modify door strike plates to keep from locking. The dayroom, due to its size and configuration, is not well suited for physical activities when facility is at capacity. Consider smaller populations or utilizing the roll up doors between housing units to enlarge the dayroom areas. Dayrooms have one restroom designated with an ADA sign, but are not in compliance. These restrooms should be updated to meet ADA code requirements. Restrooms and showers should be modified to allow for additional modesty. They should be private enough for users to feel comfortable, but open enough for employees to regulate activity. Add tables and benches to encourage social interactions such as card games, board games, and dining areas. Increase phone bank size to ten instead of six. Add TTY[rDD or video relay device for any hearing-impaired residents. Bulk Storage: Because many continuously, a successful shelter homeless individuals carry their belongings must offer storage space for their property. The 10,487 -square foot vehicle sallyport can easily be converted into a secure yard to store bulk and large items for residents and Day Center visitors. This could include locked chain link storage areas to store carts, bicycles, and even kennels that residents and visitors can access during Day Center hours. A motorized property storage utilizing individual zippered bags for smaller and more secure storage is available within the facility near the current intake/release that is recommended for conversion to the Day Center. The gates can be operated by Central Control or manually by staff, if needed. The vehicle sallyport gates break several times a year and are out of service for up to two days at a time. The original hydraulic system is usually the root of the problem. Maintenance has requested two new operators for the gates at a cost of approximately $20-$30,000 each. Each main travel bar has broken and had to be rewelded, leaving it out of service for approximately one week. The storage modifications which should be completed include: Repair or replace gate hydraulic system and operators to retain current operation. Alternatively, install a new gate access for the facility that is less secure and allows easier ingress and egress for visitors and residents. Create individual chain link storage areas large enough to store shopping carts and similarly sized bulk items. Utilize a temporary lock system for each storage area so residents and Day Center visitors feel their personal items are secure while they are inside the facility. Create secure kennels for pets. Add benches and seats for those who wish to sit outside during Day Center hours to help curb loitering in the immediate area, as well as staging for processing. 106 65A-113 Install an overhang for shelter during inclement weather. Designate a smoking area far from the entrance to prevent visitors and residents from loitering outside of the facility grounds as much as possible. Circulation: There is 16,227 square feet of circulation space within the facility. Original flooring is found throughout the facility and most is in good condition as it has been cleaned and waxed on a regular basis. There are five elevators within the Jail — three are currently used for inmate movement only, and two are for staff only. All elevators are controlled by card access and intercoms. The City Police Department is located adjacent to the Santa Ana City Jail, allowing for an expeditious response in case of emergency. The Jail's Central Control room should remain in operation and staffed at current levels. This will help alleviate some of the costs for direct supervision in the Housing Units during off-peak hours. With many sallyports limiting movement about the facility, some could be removed to soften the overall look and feel while still maintaining an adequate amount of control. The circulation space modifications which should also be made include the following: - Remove some sallyports for easier access throughout the facility. - Maintain Central Control staffing to oversee the housing units and Day Center. - After a leak in the basement, a large area of tile had to be removed in a non - travel area used for emergency egress only. Path of travel is marked with caution tape avoiding any of the missing tiles. We recommend replacing or removing all of the tile in this area. - Facility elevators were custom built for original construction. As such, maintenance issues are a major issue. The maintenance mechanic has done a great job in keeping them operational; however, with the elevators not being of a major current manufacturer, parts availability is an ongoing issue. Food Service (Optional): The Santa Ana Jail has a 7,550 -square foot kitchen with a full bakery that is sufficient to prepare three meals per day when the facility is at maximum capacity. The kitchen contains five refrigerators and six freezers. The dry storage and - = freezer areas are large enough to store meal rr- + ingredients for a longer period, providing the opportunity to take advantage of bulk purchases y that lower overhead costs for the facility. Large refrigerator space allows for advance meal �. preparation and storage until needed. Food f L, deliveries are received twice a month. The kitchen contains a break room, an office for the kitchen manager, one unisex restroom, and twelve lockers. Most equipment is in good working order. Meals are delivered on trays to the housing unit dayrooms as there is currently no dining hall in the facility. Providing meals within the Housing Units limits the amount of movement of residents throughout the facility. Sack lunches or a hot meal could be served in the Day Center for visitors as well. The kitchen modifications which should be completed include: - Encourage residents of the facility to volunteer in the kitchen to gain work experience through a culinary program. - Partner with a local junior college to provide a certification course for residents enrolled in a culinary program. - Continue food service delivery on trays to residents in the Housing Units so they may dine in the Dayroom or the Recreation Yard. 107 65A-114 Prepare and distribute sack lunches or a hot meal for visitors to the Day Center. Create a communal dining area for residents that may be housed in separate Housing Units. Repair or replace the steamer, pressure cooker, and tray conveyor. Repair dishwashers and address drainage issues. Replace any broken equipment needed to prepare the typical shelter meals and menu. Remove any broken equipment that is no longer needed to maximize the additional space for storage, or items better suited to a shelter. If shelter plans to utilize the bakery, the proofer, mixer and bakery oven should be repaired or replaced. The loading dock belongs to the Police Department next door, but also serves Santa Ana Jail kitchen. Partner with the Police Department to ensure continued use and access for food deliveries. Laundry (Optional): Most homeless individuals lack access to laundry facilities or clean clothing on a regular basis. Some shelters provide laundry service for residents and offer a new/gently used outfit that has been donated. This not only helps eliminate the spread of contagious and infectious disease and parasites, it helps maintain the cleanliness and sanitation of the facility. _ The Jail is already equipped with a large 2,784 c square foot laundry with three commercial washers and three dryers that can easily handle the residential capacity and the current laundry schedule. The room contains storage for supplies, a large table for folding, and a unisex restroom. Chemical storage is locked and secured. The consultants recommend only allowing clean linens and clothing into the residential portion of the shelter. Residents that would prefer to keep their street clothing (laundered or not) could store it in a sealed property storage container throughout their stay. This is one service that strict policies and procedures should address as a sanitation and hygiene issue within the facility. The laundry area modifications which should be made include: - The three commercial dryers are 1, 5, and 10 years old and in good condition. The three large commercial washers are original, and the 55 -Ib. washer is approximately 17 years old. Washers leak continually and if the lint trap is not cleared after each load, the room will Flood. Replacement of equipment is recommended. - Offer laundry service to residents several times per week. - Create a clothing closet for visitors to exchange their street clothes for freshly laundered, new and gently used items to help keep the spread of bacteria, viruses, and pests at a minimum. - Provide property storage for smaller items in sealed bags on the conveyor unit in Intake/Release. - Create and maintain a strict daily maintenance and sanitation schedule. - Plumbing pipes are in need of repair and/or replacement. Programs (Optional): Most homeless shelters consider community outreach programs an essential service for those most at risk. By utilizing the program space within the Housing Units, those services can be specifically targeted toward the residents housed in that unit. Classes such as Alcoholics Anonymous, Narcotics 108 65A-115 Anonymous, and religious services are often offered in these Dayroom area classrooms. The program area modification which also should be considered include: Remove carpet and any soft materials and replace with durable flooring, paint, and graffiti resistant items. Work with local volunteer, religious, and program organizations to provide instructors, materials, and resources for items such as computers or library books. Work with community outreach organizations to provide social services and assistance to residents to secure medication and housing once their stay is complete. Recreation Yards (Optional): The Jail contains 7,930 square feet of recreation yard space. Each housing unit on the 3rd and 4th floors (other than Units 4D & 4E) have dedicated quasi -outdoor recreation yards that allow for natural daylight and fresh air. �^— 9 Each recreation yard is enclosed on all sides, has a partially screened roof, and fire egress doors. All portions of each yard are paved. They include an open-air restroom that should be updated for modesty, and two drinking fountains. The yards are large enough for basketball, handball, volleyball, and weight lifting. They also provide a �~ nice place for residents to sit outside for some fresh air and the addition of benches and seating is suggested. The recreation yards are separate from one another making it quite easy to designate yards for differing populations. The modifications which should occur in the facility's recreation yard would include: - Update restroom for modesty and privacy. - Install durable, graffiti resistant benches and seating so residents can get fresh air and natural light. - Install or make available lightweight and easy to use exercise equipment (weights, exercise mats, balls, etc.) - Add durable, graffiti resistant tables and stools for outdoor dining and table games. C. Fiscal Analysis: For the purposes of this assessment, the consultant team was not able to identify and estimate the yearly costs which would be associated with the operation of a homeless shelter facility reuse option. Staffing levels, particularly the use of volunteers and the degree to which personal supportive services are available at the homeless shelter, will need to be determined by the City before a draft budget is developed. In order get a better understanding of the range of costs which could be associated with a homeless center, the consultants met with the management staff of a large 200 bed homeless shelter recently opened by the City of Sacramento in a renovated former warehouse facility located in the North Sacramento area community. The discussions revealed that the City is currently spending approximately $400,000 a month to operate the 200 bed "triage" shelter opened in December 2017. These expenditures cover the cost of social services personnel, portable showers, and extra police patrols required for security at the building. At this rate, the City is projecting 109 65A-116 that the homeless shelter's annual budget will amount to $4.8 million a year which translates to approximately $2,000/month per homeless person receiving services at the shelter. Construction Cost For Implementation of Jail Reuse Feasibility Option A construction cost analysis was also developed which included detailed expenditure information showing the overall fiscal impact the City would likely incur if each jail reuse option was pursued through construction and ultimately implemented. The construction cost analysis included a summary conceptual cost statement showing building construction and project costs associated with each of the five jail reuse options. The information covered cost factors that included (a) estimated range of building design changes; (b) escalated construction costs; and (c) other project - related expenses. The following Statement of Probable Construction and Project Costs reflects the consultant team's estimate of the total cost that will be required to renovate the City Jail facility to support a homeless shelter. As the analysis shows, the renovation work and base construction costs with estimates for construction contingencies, A/E fees, CM inspections, and FF&E expense will amount to $4,348,772. (See Appendix E: Santa Ana City Jail Reuse Options Detailed Construction and Project Cost Estimates) Expenditure Category I Estimated Cost Base Construction $ 2_,202,003 General Contractor Overhead & Profit $ 220,200 General Contractor Markups $ 121,110 General Contractor Bonds $ 57,225 Design Contingency $ 520,108 Market Factor $ 124,826 Sub -Total $ 3,245,472 Construction Contingency (10%) $ 324,500 A/ E Fees (10%) $ 324,500 CM Inspection (4%) $ 129,800 Miscellaneous (2%) $ . 64,900 FF&E (10%) $ 259,600 Sub -Total $ 1,103,300 - - - Total - ` $ _ 4,348,772. D. Advantages /Disadvantages Considerations: As part of the assessment evaluation process, the consultant team also utilized an SWOT analysis strategic planning technique to identify the strengths, weaknesses, opportunities, and negative impacts associated with each Jail reuse feasibility option. The SWOT analysis is intended to take the objectives of each reuse option or project and identify the internal and external factors that are favorable and unfavorable for achieving individual project objectives. 110 65A-117 Based on the results of the SWOT analysis process, a summary ranking from best to worst for the implementation of the proposed five Jail reuse options was also examined in this Study. Analysis of this information and related fiscal impact data was used to form the recommended ranking which is highlighted in the following analysis. Advantages / Disadvantages and Ranking From Best to Worst For Jail Feasibility Reuse Options ❑ Homeless Shelter Housing and Supportive Services Space: This Jail Reuse Feasibility Option involves renovating and reusing the City's Jail building as a converted homeless shelter with supportive services space. Advantages (Strengths) - The Jail site location provides several advantages regarding public amenities such as (a) public transportation access, (b) ADA accessible path of travel, (c) public parking, and (d) proximity to the City Police Department. - The detention facility could be modified to meet the typical needs of homeless individuals including (a) shelter, (b) food, (c) clothing, and (d) security. Laundry and hygiene services can also be offered. Meals from the existing kitchen can also be prepared and made available. Personal property storage is also available. The existing Santa Ana Jail facility and Functional Use Areas (FUA) provides many advantages to be reused as a homeless shelter. The existing cells provide housing, bedding, toilet room amenities including ADA accessible toilet rooms and showers. The existing day rooms provide open space for people to socialize and move about. Other Important amenities such as kitchen, dining and laundry space which is necessity for the care of homeless people is also contained in the Jail. The existing Jail facility provides many advantages regarding security and monitoring such as the proximity to the existing Police Department including the overall design layout of the facility which provides efficient line -of -sight and monitoring. The building's sallyport provides a high level of security when transporting people that may be a danger to themselves or others. The fire alarm system provides the facility with the necessary fire life safety requirements for housing people. - The Jail's mechanical and electrical system's current design will provide heating, cooling, and lighting for housing homeless individuals. The plumbing system is also designed for a similar use. - The duration of the building conversion design, bidding, and construction schedule will take place over a nine month period. - Most required furniture, fixtures, and moveable equipment (FFBE) are already in place at the Jail. Disadvantages (Weaknesses) The presence of a large homeless shelter project at the Jail site location / neighborhood area would likely increase (a) vagrancy of homeless people and pets, (b) begging and public harassment, and (c) crime effecting public safety and property. 111 65A-118 The proximity of existing Civic Center Plaza and adjacent neighborhood requires a higher level of security and monitoring for the public when a homeless shelter is in a mixed-use area. Existing finishes such as floor carpet, wall fabric, acoustical ceilings etc. would need to be removed to avoid several infectious diseases that are common issues with homeless people. New cleanable hard -surface finishes would be necessary to provide maintenance wash -ability to meet health and safety codes. Replacing existing high security cell doors should occur to soften the appearance of a jail facility. Minor remodeling and new finish upgrades throughout the facility will need to be done to avoid the appearance of a jail facility. Providing new finishes throughout the facility will help promote a more inviting space for homeless and staff. The existing multi -story building increases the need for additional security to provide the necessary safety for the homeless and staff. Ingress and egress is more complicated with a multi -story facility due to the many different issues homeless people encounter such as, physical and mental disabilities. The facility lacks proper outdoor space and amenities necessary to provide for the homeless and their pets. Proper designed open space is necessary to minimize vagrancy and homeless camps from taking over public areas of the existing Civic Center Plaza and the surrounding neighborhood. In order to renovate / remodel the City Jail complex to accommodate a homeless shelter with housing and supportive services space, the City will have to incur a one-time project and construction expense of approximately $4,345,932. The City would continue to be responsible for the repayment of the annual debt serve on the Jail building through 2024. The shelter will bring about an increased homeless presence in the area because access to the shelter would be on a first-come, first -serve basis and many individuals may be camped out on the sidewalks to get in the next day. The Jail's sallyport will need to be modified to better handle personal property and pets. As a result of the homeless shelter, the building's entire area will likely be noisy when busy. The addition of sound dampening materials will need to be placed throughout the space to help alleviate some of the reverberations. The materials used must be bacteria and pet resistant and able to withstand rigorous sanitation. Hygiene, sanitation, and pest control must be paramount throughout the shelter and be addressed multiple times per day. The City Jail facility is in excellent condition but is not, in total, ADA (Americans With Disabilities Act) compliance. Because the homeless center option with support services space is a change from the custody model, building codes of the day pertaining to the new use would be enforced. 112 65A-119 Opportunities - The general bed space contained in the detention facility could be remodeled and converted to a homeless shelter that potentially serves up to half of the City of Santa Ana's growing homeless population based on recent census data. The City's entire homeless problem still will not be solved. - Development of a homeless shelter with a day center emphasis would help reduce loitering, panhandling, and public nuisance issues that many citizens consider a great concern with the community's large number of homeless individuals. The proposed homeless shelter concept plan for the reuse of the Jail mirrors the community's new Courtyard project in its capacity, operations, and services being made available to local homeless populations. The Courtyard is a joint venture between the Midnight Mission in Orange County sleeping up to 400 people on a first-come, first -serve basis. During the day, it is used as a drop-in center serving 250-400 guests looking for service connections, hygiene services, showers / restrooms, a meal, and a place to rest. Storage is provided for guests and security is provided around the clock. - Several other counties across the country have converted detention facilities into homeless shelters to serve their surrounding communities. The Bent County, Colorado Department of Local Affairs, for example, estimates that housing homeless in their vacated jail essentially saved them half the expenditures than if they lived on the street. Negative Impacts (Threats) - The shelter would be located adjacent to a 1,900 stall public parking garage which homeless individuals may take shelter in during inclimate weather if the temporary shelter is full. - The shelter would have a large daily concentrated movement of homeless individuals in and out of the facility. - The shelter would likely not be conducive for families that want to stay together or individuals with infant children. - There will likely be major intense neighborhood opposition to the opening of a new homeless shelter serving several hundred individuals. - The homeless shelter must address and potentially separate any persons with obvious mental health issues who may be prone to self -harm, especially if they are located in any mezzanine areas of the facility. - Drugs, alcohol, and other weapons must be prohibited and residents should be searched when entering the facility to eliminated any potential contraband. Key Summary Observations The change / reuse of a facility from a jail to a homeless shelter has been done in other jurisdictions. The conversion of the City Jail to a homeless shelter would make use of all existing spaces including inmate housing, food service, medical, security, laundry, storage, and processing areas. The vehicle sallyport would be a good entry location because it could accommodate up to 300 people who potentially would be lined up down the 113 65A-120 block waiting for facility access. The facility access portal is adjacent to neighborhood residents and may, however, be seen as a great threat to their neighborhood security and welfare. Jail Reuse Feasibility Study Vanir Consultant Team Recommended Feasibility Options Rankino Based on the results of the analysis and evaluation process, a summary ranking from best to worst for the implementation of the proposed five jail reuse feasibility options was established by the Vanir consultant team. Analysis of this information and related fiscal impact data was used to form the following recommended implementation ranking: Homeless Shelter Housing and Supportive Services Space Recommended Ranking: Jail Reuse Implementation Option #4 References and Acknowledgements 'Orange County Courtyard Shelter, htto://www.midnightmission.org/thecourtvard/ 2Addressing Homelessness, htto://santa-ana.org/homelessness/ 3OC's Homelessness Problem is Bigger Than the Santa Ana Riverbed — Much Bigger, by Jill Replogle, https://www.scpr.org/n ews/2018/02/23/81039/oc-s-homeless-problem-is-bigger-than-santa-ana-riv/ 4Repurposing: New Beginnings for Closed Prisons by Nicole D. Porter, https:/Iwww.sentenci ngproiect.orq/publications/repurposing-new-beginningsclosed-prisons/ Some States Are Closing Prisons and Turning Them Into Homeless Shelters, Reentry Centers, by Robbie Couch, https://www.huffingtonpost.com/2015/02/05/closing-state-prisons n 6614220.html 5 Converted Cellblocks by Alysia Santo, https://www.themarshallproiect.orq/2015/01/29/converted- cellblocks 5A Tour of Gainesville Prison -Turned -Homeless Shelter by Kasey Greenhalgh, https://www wuft orq/news/2013/06/25/prison-to-homeless-shelter-plan-progressing-in-gainesville/ Shuttered Florida Prison Converted Into 'Empowerment Center' for Homeless by Joe Watson, https://www prisonlegainews org/news/2016/may/13/shuttered-florlda-prison-converted-empowerment center -homeless/ 7Indoor Homeless Shelter Opens Wednesday by Morgan Watkins, htto://www.gainesville.com/article/LK/20140930/N ews/604159966/GS/ 'Homeless Find Hope at Colorado Prison Turned Shelte, rhhhttps://www denveroost.com/2013/11/23/homeless-find-hope-at-colorado-prison-turned-shelter/ Former Fort Lyon Prison Offers Hope for Colorado's Homeless by Megan Schrader, htto://gazette.com/form er-prison-offers-hope-for-colorados-homeless/article/l 509663 Fort Lyon Supportive Residential Community, https://www.coloradocoalition.orq/property/fort-Ivon-su pportive-residential-com m unity 9Design Response to Homelessness by Jill Pable, Ph.D, https://www.informedesign.org/ newshul v04r- p.pdf 114 65A-121 10Security Strategies and Features in Shelter Facilities, http://www.endvawnow.org/en/articles/1412- se cu rite-strategies-and-featu res-in-shelter-faci I ities. htm I 11The Cost of Homelessness in Orange County, CA, https://www.unitedwayoc.org/wp- co ntent/uploads/2017/03/Ora ng a -Co unty-Cost-Stud y-Hom el es s -Executive -Sum m ary. pdf The fifth potential Jail reuse feasibility option the consultant team analyzed focused on a scenario which involves renovating and reusing the City's Jail building as converted new data center. The work for this option is located mainly in the third and fourth floor housing units as they are best suited for the high ceilings and climate controlled environment modifications required for data center functions. The building construction modifications will require (1) extensive HVAC to handle the excessive heat generated by the equipment, (2) raised access floor system, (3) pre -emergent fire sprinkler systems, and (4) power and signal upgrades. The Vanir firm is an expert in the construction management field and has worked with clients such as Microsoft to construct state of the art data centers around the country. In 2017, our team of consultants reported that the Santa Ana Jail is in "very good to excellent condition" after inspection and analysis of each of its functional use areas and systems. For this feasibility analysis, the consultants utilized that information and the firm's data center construction management experience to prepare a comprehensive look at the overall design, layout, equipment, and functionality required for a typical data center so that the viability of a remodel for this type of facility could be evaluated. It is important to note that the assessment speaks only to the potential of the Jail facility itself, and not the day to day operations of a data center housed within it. Should the City elect to move forward with the data center option, they should work closely with a qualified data center design team for an in-depth report that is much more detailed than that provided here. Officials should also work to develop and establish operational policies and procedures that will better define overhead costs and expenses. The information below is provided solely as talking points for the City's initial review. Santa Ana City Jail Reuse Feasibility Study i I � Reuse Option Scenario Commercial Data Center Use Analysis and Assessment. The assessment information and supporting data which the consultant team developed is summarized and highlighted in the following analysis: Operational Information, Fiscal Analysis and Advantages /Disadvantages Considerations A. Description of Jail Reuse Option: This feasibility option would involve renovating and reusing the City's Jail building as a converted new commercial data center. The work for this option is located mainly in the third and fourth floor housing units as they are best suited for the high ceilings and climate controlled environment modifications required for data center functions. The building construction modifications will require (1) extensive HVAC to handle the excessive heat generated by the equipment, (2) raised access floor system, (3) pre -emergent fire sprinkler systems, and (4) power and signal upgrades. 115 65A-122 Generic Data Center Operational Criteria resource for 14 offices in 8 states, the key to establishing a functional and appropriate data center design is to have a clear understanding of what types of data need to be gathered, where it will be stored, and how it will be used. Therefore, the first order of business is for the City is to meet with potential partners including the IT Team2. Together they will focus on: ■ how, and from what resources, the data will be maintained; • what the projected minimum and maximum storage needs are expected to be; ■ how the data will need to be manipulated to provide a usable product; and, • how the product will be formatted and delivered to its users? Building on this information as a foundation, the City can determine the type and size of the hardware resources required. They will also calculate the electrical and mechanical equipment needs to power and cool the center. Once a well-founded set of requirements is available for the design effort, they can be appropriately viewed in the context of what currently exists within the Santa Ana Jail and what needs modification. This information is required to best meet consumer needs and determine what must be provided to make the space suitable for data center use. Generally, a data center requires flexibility (the ability to support new services without a major infrastructure overhaul), scalability (the ability to support fast / seamless growth without major disruptions), and high availability (minimizing single -point failure with fault -tolerance against hard failures to maximize uptime). The ideal data center facility is a single -floor, stand- alone building with the equipment in a centralized space. The space should be an open floor / cohesive use layout with adequate electrical and mechanical systems to power and cool the center equipment. It should also allow for the modularity needed for the center to change and adapt with technology trends systematically by adding data modules or updating equipment as needed. Data center designs typically use a "rack unit" as the primary planning factor to estimate the necessary space, cooling and electrical power requirements. Each configuration should reflect total power, space, and floor -loading demands per rack across the layout. Just recently, rack designers, have developed a taller, wider and longer rack for more efficiency and emerging hardware. This is the primary reason why it is so important for the data center design team to identify and define the IT parameters at the outset of the project. It has been reported that recent trends show data centers older than seven years are typically obsolete. In some cases, the user's needs have grown beyond their data center's capabilities in as little as two to three years requiring relocation or expansion. Typically, for a data center investment to last 10 to 15 years, the design should be specifically tailored to encompass a business's current and future needs, or provide a design which allows for the flexibility to adapt to the growth and changes in the industry. 116 65A-123 For a realistic look at the design requirements for such a use, the consultants contacted the Vanir Area Manager3 who has the responsibility of constructing a data center building for Microsoft in Seattle, Washington. His expertise combined with the consultant team's experience and research has provided several insights as to what is needed to convert the existing Jail based on existing conditions. While the list of renovations is long, the most challenging aspects include the categories below. Site Location: Location is an important criterion when planning a data center as it affects security, operational efficiency, and operating costs. The neighborhood where the facility will be located should be chosen carefully to realize the best mix of ideal features. Data center sites with fiber available from multiple providers, near redundant power grids are the best locations. Equipment is less likely to fail in a facility that is drawing power from multiple grids in lieu of a facility that relies on backup generators. The site should be in a safe area that is not subject to any natural environmental dangers such as floods or landslides. Even if it's not located in the flood plain, it's important to have good drainage and runoff paths so localized flooding will not occur during heavy rains. Site criteria should include ensuring that there is (a) reasonable commuting distance for employees, support vendors, and other constituents; (b) sufficient site area for parking; (c) water and fuel storage, and d) space for delivery truck access. Design: The building type can significantly affect occupancy costs, security, expansion, and operational flexibility. Ideally, data centers are built in suburban locations in industrial type, single -story windowless structures with large floor plates, unlike the Jail. They rely on lower operating costs, high ceilings, and more -flexible space configuration. Most efficient building floor sizes provide large column spacing - ideally 40' with high floor -to -floor clearances of 13' to 14' from structural slab to lowest structural member. Best practice is to avoid multi -story office buildings with small floor plates. The space design will focus on raised floor areas, rack layouts, workstations, support areas (conference and supply rooms), as well as shipping, receiving, and staging areas. Power., Critical data center considerations include a complete electrical power design, as well as power distribution. This includes the following systems: (a) Main Distribution Frame (MDF); (b) Intermediate Distribution Frame (IDF); (c) Uninterruptible Power Supply (UPS); (d) diesel backup power systems, (e) wet and dry fire -retardant systems; (f) security monitoring; and (g) mechanical systems, such as Heating, Ventilation, and Air Conditioning (HVAC). Pre -action wet systems contain sprinkler pipes charged with air so leaks or other faults are detected and are typically required by local fire codes. Mechanical and Cooling Needs: Data centers typically include vast data equipment installations and keeping the equipment cool is a major priority. The space above the data cabinets accumulates rising heat. Having more space available helps minimize its mixing with cold air thereby improving the air conditioners' efficiency. General recommendations suggest that the temperature range between 50°F and 82°F. Although this appears to be a wide range, these temperatures are the extremes and it is far more common to keep the ambient temperature near 68-71°F. Computer equipment not only generates heat, but it is also sensitive to heat, humidity, and dust. Designers need to include filtering factors to ensure very high resilience and to meet failover requirements. It is crucial to note that maintaining stable temperatures and humidity within tight tolerances is critical to IT system reliability. The design should also include a rack layout and determine the optimal electrical and air cooling distribution system based on rack densities. 117 65A-124 Security: Physical security access to the site is usually restricted to selected personnel. Controls typically include layered security systems, often starting with fencing, bollards, and mantraps. Video camera surveillance and round the clock security guards are commonplace if the data center is large or contains sensitive information within any of its systems. Additionally, fingerprint recognition mantraps are becoming more and more prevalent. Maintenance: Generally, most data center sites require one or two preventive maintenance (PM) visits per year. However, more PM visits may be required if the physical infrastructure equipment resides in a hostile environment (i.e. high heat, dust, contaminants, vibration). The frequency of PM visits depends on the physical environment and the business requirements of the data center owner. The system design of the component may also impact the frequency of PM visits. Often the number of visits is based on the manufacturer's recommendations. B. Facility Building / Svstems Modifications: Using these general parameters for an initial broad -brush assessment, the Santa Ana City Jail building poses numerous challenges for integrating a new state-of-the-art design. Based on the site location, compartmentalized / non -cohesive functional use areas, and minimally -purposed electrical and mechanical systems that are designed for personnel air conditioning only and not for heat generating hardware, the facilities are generally not accommodating to the demanding requirements for a typical data center. As is, it appears the proposed space (eight dayrooms) for reuse as a data center will require extensive upgrades. The overall placement within the facility will be complicated and extremely challenging to utilize the majority of the existing multi -story building. While the building is large with significant space, there are very few areas that meet the overhead space requirements necessary for temperature control. There will be significant added costs for structural risks and creating portals / paths for wiring and equipment access. The most efficient and cost-effective designs tend to be single story buildings with open floor plan and rack layouts4. The minimum ceiling criteria is 12' with a preferred dimension of 14' or better. By removing the tiers / mezzanines, a 15' floor -to -ceiling dimension would be available. Alternatively, first floor space with a 15' high elevation is available and depicted on the building plans. This also provides additional space for overhead cable trays and sufficient lighting. Given the Jail's excellent condition, it would make an eye-catching facility if the interior layout was more compatible with typical data center design requirements. Unfortunately, very little of the 668 rooms contained in the Jail are usable for data center hardware and equipment. However, the existing Administration area can continue to serve as originally intended, and eight high ceiling open dayrooms within the third and fourth floor housing units could be partially modified for this purpose. Unfortunately, the majority of the building's 668 rooms would be wasted space. In other words, the Jail contains a total of 168,277 square feet and Vanir has determined that 12,856 square feet, or 7.6% of the total area, meet the partial design requirements of a data center and could be converted accordingly. Site: - Locate data center equipment on third and fourth floors to reduce risk of flood damage. - Do not locate equipment near mechanical or electrical equipment, or the Food Service area if still operational after conversion. - Design utility and power access in a manner that assumes an attack will occur. 118 65A-125 Building: - Retain the single point of entry and sufficient property setback of building for perimeter security purposes. - Retain security system, but modify to eliminate central control station. - Modify existing path of travel to allow unimpeded access to areas of reuse. - Utilize open plumbing chases for cooling and electrical chases. - Open interior of first floor areas with existing 15' high elevations as shown on plans to create as much open floor space as possible. - Remove roll -up doors between dayrooms. - Establish efficient floor layouts - rectangular and / or square is preferable. - Remove carpet and flooring from housing / dayroom space so it can be used for data center racks and equipment. - Install raised access floor system for data cables to efficiently and effectively handle high heat. If not utilizing a raised floor, include costs to build overhead infrastructure that can handle power and data wiring needs. - Modify and equip existing loading docks for equipment delivery access in a secure area. - Modify fire sprinkler system to pre -emergent system - Upgrade equipment such as chillers, pumps, power and power backup. Electrical Needs (Power / Cabling/ Fiber / etc.) AC / DC power must meet the demands of the hardware and equipment including redundancies for the UPS and backup generator systems. Ground, copper, and fiber optics are the main types of network cabling used in most data centers. The interface available on the equipment used is the primary means for determining which type of cabling should be used. The network data cabling may also be selected based upon the bandwidth requirements of the equipment being used. Additionally, cabling within a data center may be either structured or unstructured. Structured cabling uses a predefined standard based design, connection points, and pathways. The cabling used in an unstructured wiring design is based on the bandwidth requirements of the system and is tested to ensure proper performance. It should be feasible to add extra electrical and mechanical cooling loads if and when needed. Electrical Equipment - Determine which type of cabling (ground, copper, fiber optics, etc.) should be use and install accordingly. - Ensure AC / DC power meets the hardware, equipment, UPS, and backup generator system demands. - Ensure feasibility of adding extra electrical and mechanical cooling loads when necessary. - Provide adequate riser space for primary / emergency power, HVAC, diverse fiber entries, and other vertical services. - Install overhead cable trans and sufficient lighting in each area being utilized. - If colocation with multiple customers, data center power distribution should be designed such that it is not affected by other areas / customers. - Install MDF, IDF, and UPS. - Upgrade diesel backup power, security, and mechanical systems. 119 65A-126 Disable or remove existing water-based fire suppression systems within any areas that will contain data center hardware and equipment. Install wet and dry fire -retardant systems, including pre -action wet systems if necessary. A dual -alarmed dry -pipe fire suppression system such as TotalPac that is multi -zone and pre -action to ensure contained suppression is recommended5. Install a Very Early Smoke Detection Apparatus (VESDA) smoke detection system or similar. Power, and therefore cooling, requirements are much higher for a data center environment than for typical occupancy (i.e. cabinet full of heat -producing servers / switches vs. human load). Provide a full study based on the quantity of service loads. Coordinate with the design center design team to provide for more specialized infrastructure such as Power Distribution Units (PDU) as needed. Install cooling / exhaust equipment upgrades to meet code requirements and gain certification. Provide upgrades for diesel generators, UPS units, and HVAC units to meet code requirements. Reconfigure existing facility equipment / infrastructure to meet current code requirements. Design cost should include power / data wiring, as well as cooling / ventilation in the overall design concept. Accommodations most likely would not be possible with current cell configuration, which would require modifications. Mechanical and Cooling - Ensure adequate power / cooling redundancy requirements are met by replacing or retrofitting existing heating and cooling equipment. - Install all necessary filters to ensure very high resilience that meets failover requirements. - Manage data center cooling with a system such as the Liebert N+1 cooling systems that can provide more than 370 tons of cooling capacity5. - Maintain diligent maintenance standards to ensure equipment operates successfully. - Install cabinets in hot and cold aisle configurations so hot exhaust and cold intake air are isolated from one another. Hot and cold aisle delivery should be designed for maximum efficiency so IT hardware will function at its best. - Ensure adequate power / cooling redundancy requirements are met by replacing or retrofitting existing equipment. Utilities and Power Several fundamental principles should serve as the foundation for the electrical system design. These include the provision of maintenance and emergency shut- down switches at all entry points in the facility, as well as a grounding system that complies with the National Electrical Code (NEC) or local codes if applicable. It is important to note that existing facilities converted to data centers typically do not provide the adequate electrical power -plant and distribution systems that are crucial design criterion for a center's reliability and operational efficiency requirements. 120 65A-127 Data center consumption creates tremendous amounts of power demands to operate the servers and to support additional air- conditioning requirements therefore the design should include an electrical power plant distribution system designed for reliability and operational efficiency5. The electrical power design should include dual electrical service feeds and distribution from different power grid sub -stations. This is to protect the server equipment with sustainable, power for surges, sags, high energy transients, brownouts, and blackouts regardless of the source of the electrical disturbance. Whenever unexpected incidents occur, having strong backups and co -located resources can help keep operations running. The most favorable data center design provides three lines of defense for backup power include (1) multiple feeds from the public utility, (2) Uninterruptible Power Supply (UPS) service with a minimum 20 minutes backup; and (3) if necessary, diesel generators to sustain power for longer- term outages. The UPS and backup diesel -powered generators are crucial to maintaining a constant flow of power in the event of a power failure from the public utility. Several basic principles should guide the size and capability of the UPS system. The UPS should be of sufficient size to energize all computer equipment, HVAC systems, and other electrical devices such as emergency lighting and security devices, for 100% of the power demand for no less than 15 to 20 minutes after a power interruption. The UPS should be adequately sized for peak load or fault overload conditions. This relates to the surge in power demand when the equipment is first energized. As a rule of thumb, the UPS should be sized for 150% of operating demand. The UPS should be continuously operational to filter and condition the power. Utilities and Power - Upgrade existing electrical power to include dual electrical service feeds and distribution from different power grid sub -stations if possible. - Redundant power grid connections to safeguard a continuous utility power supply is recommended. - Tailor always -on power configurations to suit customer requirements as needed. - Create a system that is configured to deliver redundant power if a critical incident occurs so that operations are uninterrupted and business applications remain online. An example of this would be two onsite 1 MW Cummins generators, and an Eaton uninterruptible power supply (UPS) system providing N+1 redundancy. Components (N) have at least one independent backup component (+1). The level of resilience is referred to as active / passive or standby, as backup components do not actively participate within the system during normal operations. Security: Design requirements for a secure center should provide multiple security systems with passage in and out of the facility controlled via card or biometric access systems. All security systems should be monitored 24/7 with activities logged both onsite and at a remote location. All alarms should specify the exact location of the fault so time is not wasted searching for the source of the problem. 121 65A-128 Security - Maintain existing security measures (control room, video monitoring, etc.) as needed. - Retain sallyport access to County Jail via underground tunnel to ensure prompt response times in case a security breach should occur. - Install additional security systems such as fencing, bollards, and mantraps as needed. - Install fingerprint recognition mantraps if desired. - Provide on-site guards twenty-four hours a day, seven days a weeks. - Control all facility entries and exits with multiple layers of key card access and biometric fingerprint scanners to enter the building. - Create a secure lobby and anti -tailgating elevator entrances if data center is located above the first floor. These types of entrances are not required if the data center is located on the first floor. - Install biometric, combination cabinet, and cage key accesses as needed5. - Password protected access is recommended for physical colocation spaces. - Retain all video surveillance footage digitally for at least 45 days5. - Monitor everyone that enters and exits the facility. Audit the access lists regularly. - Recommend use of hardened measures for secure man -traps, shipping, and loading areas. Maintenance - Establish annual and monthly preventive maintenance (PM) schedules based on final design requirements. The following graphic illustrates the typical inmate housing area conversion to accommodate data center functions in one of the Jail facility's eight custody housing areas. 65A-129 122 Santa Ana City Jail Reuse Data Center Features and Adaptability The Table below shows the individual data center features and their general adaptability to the Santa Ana Jail facility. Overall, the feasibility analysis shows that the Santa Ana City Jail poses numerous challenges to integrating a state-of-the-art data center design. Based on its location, multi -story configuration, confined and compartmentalized (non -cohesive) floor plans, minimally -purposed electrical system and mechanical systems designed for personnel air conditioning only, the facilities are generally not accommodating to the demanding design requirements for a data center and will require extensive renovations to serve as a data center. Data center facilities rarely meet the operational and capacity requirements of their initial design. The combination of new technologies, such as blade servers, which require substantial incremental power and cooling capacity; pressures to consolidate multiple data centers into fewer locations; the need for incremental space; changes in operational procedures; and potential changes in safety and security regulations converge to impose constant facilities changes in the modern data center. Thus, the overarching rule in data center facilities is to design for flexibility and scalability. Data center trends show that that seven-year-old data centers are typically obsolete. In some cases, the user's needs have grown beyond their capabilities in as little as two to three years requiring relocation or expansion to meet their growing needs. Typically for a data center investment to last 10 to 15 years, the design needs to be specifically tailored to an IT / business's current and future needs, or provide a design that allows enough flexibility to adapt to the growth and change in the industry. 123 65A-130 Jail Reuse Data Center Features and Adaptability # Data Center Feature Ada tabilit Yes Partial No 1 Significant saces for reuse. x 2 Usable spaces meet requirements da rooms x 3 Greater portion of the Jail is adaptable to the use x 4 S ace is flexible for changing technological needs x 5 Space is flexible for emerging new rack design x 6 Space meets electrical requirements x 7 Space meets cooling requirements x 8 Backup ower is adequate x 9 S ace meets reuse building codes - x 10 Flexible to support new services x 11 Allows for seamless grov.1h x 12 Locatedout of flood plain x 13 Secure, from outside terrorists x 14 Allows for modularity to adapt to technology x 15 Access to fiber x 16 1 Multiple power providers x 17 Safe area _ x _ 18 Adequate sace for delivery trucks x 19 Secure from intruders x 20 Minimum ceiling height of 12' x 21 Minimum columns ace of 40' x 22 Sufficient emergency backup ower x 23 Cost effective to accommodate use x 24 Rooms with a minimum of 12'celling height x Overall, the feasibility analysis shows that the Santa Ana City Jail poses numerous challenges to integrating a state-of-the-art data center design. Based on its location, multi -story configuration, confined and compartmentalized (non -cohesive) floor plans, minimally -purposed electrical system and mechanical systems designed for personnel air conditioning only, the facilities are generally not accommodating to the demanding design requirements for a data center and will require extensive renovations to serve as a data center. Data center facilities rarely meet the operational and capacity requirements of their initial design. The combination of new technologies, such as blade servers, which require substantial incremental power and cooling capacity; pressures to consolidate multiple data centers into fewer locations; the need for incremental space; changes in operational procedures; and potential changes in safety and security regulations converge to impose constant facilities changes in the modern data center. Thus, the overarching rule in data center facilities is to design for flexibility and scalability. Data center trends show that that seven-year-old data centers are typically obsolete. In some cases, the user's needs have grown beyond their capabilities in as little as two to three years requiring relocation or expansion to meet their growing needs. Typically for a data center investment to last 10 to 15 years, the design needs to be specifically tailored to an IT / business's current and future needs, or provide a design that allows enough flexibility to adapt to the growth and change in the industry. 123 65A-130 The key to accommodation is based primarily based on ceiling height of a minimum of 12-15 feet. This is to allow an elevated panelized flooring for primarily for cooling and a sufficient volume of space above the racks to minimize heat buildup, trays and exhaust ducting. More importantly, the significant revamping of the building's space and systems for a total of 7.6% of the total floor area may not be cost-effective given the uncertainly of changing technology. C. Fiscal Analysis: A construction cost analysis was also developed which included detailed expenditure information showing the overall fiscal impact the City would likely incur if each Jail reuse option was pursued through construction and ultimately implemented. The construction cost analysis included a summary conceptual cost statement showing building construction and project costs associated with each of the five jail reuse options. The information covered cost factors that included (a) estimated range of building design changes; (b) escalated construction costs; and (c) other project - related expenses. The following Statement of Probable Construction and Project Costs reflects the consultant team's estimate of the total cost that will be required to convert the City Jail to commercial data center use. As the analysis shows, the renovation work and base construction costs with estimates for construction contingencies, A/E fees, CM inspections, and FF&E expense will amount to $16,966,206. Expenditure Category I Estimated Base Construction' $ 7,149,890 General Contractor Overhead & Profit $ 714,989 General Contractor Markups $ 393,244 General Contractor Bonds $ 185,808 Design Contingency $ 1,688,786 Market Factor $ 405,309 Sub -Total $ 10,538,026 Constructlon Contingency (10%) $ , 1,053,800 A/ E Fees (10%) $ 1,264,560 CM Inspection (4%) $ 632,280 Miscellaneous (2%) $ 316,140 FF&E (10%) $ 3,161,400 Sub -Total $ 6,428,180 Total $ 16,966,206 (See Appendix E: Santa Ana City Jail Reuse Options Detailed Construction and Project Cost Estimates D. Advantages / Disadvantages Considerations: As part of the assessment evaluation process, the consultant team also utilized an SWOT analysis strategic planning technique to identify the strengths, weaknesses, opportunities, and negative impacts 124 65A-131 associated with each Jail reuse feasibility option. The SWOT analysis is intended to take the objectives of each reuse option or project and identify the internal and external factors that are favorable and unfavorable for achieving individual project objectives. Based on the results of the SWOT analysis process, a summary ranking from best to worst for the implementation of the proposed five Jail reuse options was also examined in this Study. Analysis of this information and related fiscal impact data was used to form the recommended ranking which is highlighted in the following analysis. Advantages / Disadvantages and Ranking From Best to Worst For Jail Feasibility Reuse Options ❑ Commercial Data Center., This Jail Reuse Feasibility Option would repurpose the detention facility to serve as a high technology center focusing on equipment rather than accommodating people. Advantages (Strengths) The Jail's existing security systems will accommodate and support commercial data center physical plant operations. Physical security access is usually restricted to selected personnel. Controls typically include layered security systems, often starting with fencing, bollards, and mantraps. Video camera surveillance and around-the-clock security guards are common place if the data center is large or contains sensitive information within any of its systems. Fingerprint recognition mantraps are also becoming more prevalent. Disadvantages (Weaknesses) - The Santa Ana City Jail poses numerous challenges to integrating a state-of-the- art data center design. Based on its location, multi -story configuration, confined and compartmentalized (non -cohesive) floor plans, minimally -purposed electrical system and mechanical systems designed for personnel air conditioning only, the facilities are generally not accommodating to the demanding design requirements for a data center and will require extensive renovations to serve as a data center. Data center facilities rarely meet the operational and capacity requirements of their initial design. The combination of new technologies, such as blade servers, which require substantial incremental power and cooling capacity; pressures to consolidate multiple data centers into fewer locations; the need for incremental space; changes in operational procedures; and potential changes in safety and security regulations converge to impose constant facilities changes in the modern data center. Thus, the overarching rule in data center facilities is to design for flexibility and scalability. The key to accommodation is based primarily based on ceiling height of a minimum of 12-15 feet. This is to allow an elevated panelized flooring for primarily for cooling and a sufficient volume of space above the racks to minimize heat buildup, trays, and exhaust ducting. More importantly, the significant revamping of the building's space and systems for a total of 7.6% of the total floor area may not be cost-effective given the uncertainly of changing technology. - In order to convert the building to a commercial data center, the City will have to incur a one-time project and construction expense of approximately $16,966,222. 125 65A-132 Because the data center reuse option is a change from the custody model, current building codes pertaining to the new use would be enforced. The City would continue to be responsible for the repayment of the annual debt serve on the Jail building through 2024. The duration of the building conversion design, bidding, and construction schedule will take place over a 26 month period. The facility does not meet the ideal data center layout as a single floor, stand- alone building with equipment in a centralized space with an open floor/cohesive use layout with adequate electrical and mechanical systems to power and cool the center's equipment. The City Jail building does not allow for the modularity needed for a data center to change and adapt with technology trends systematically by adding data modules or updating equipment as needed. Recent trends show data centers older than seven years are typically obsolete. In some cases, the users needs have grown beyond their data center's capabilities in as little as 2-3 years requiring relocation or expansion. The feasibility analysis compared the Jail with 24 critical features for data centers. Only six of the key features were present in the facility and four others partially met the requirements. Fourteen of the essential features required in a data center were not present in the detention facility building or systems. Opportunities - Development of the commercial data center reuse option could possibly provide a new revenue source to offset the City's building debt service cost. Negative impacts (Threats) - The City could face significant competition with experienced data center providers. - Needed modifications to the Jail will be expensive in relation to accommodate minimal services. Ideally, data centers are built in suburban locations in industrial type, single story windowless structures with large floor plates unlike the Jail. - The City may have to undertake a CEQA process because of the change in building use. - Maintaining stable temperatures and humidity within tight tolerances is critical to IT system reliability and may not be met within the detention facility without extensive modifications. A commercial data center service will also cause the provider to pay expensive monthly power rates. Key Summary Observations Overall, the Santa Ana City Jail poses numerous challenges to integrating a state-of-the-art data center design. Based on its location, multiple story configuration, confined and compartmentalized (non -cohesive) floor plans, minimally -purposed electrical system and mechanical systems designed for personal air conditioning only, these facilities are generally not 126 65A-133 accommodating to the demanding design requirements for a data center and will require extensive renovations to serve as such. Additionally, the equipment loading may significant effect the structural stability of the third and fourth floors, thus a structural analysis would need to be completed upon knowledge of the exact data center equipment anticipated. Finally, the significant revamping of the space and systems for a total of 7.6% of the total floor area may not be cost-effective given the uncertainty of changing technology and structural adaptability. Jail Reuse Feasibility Study Vanir Consultant Team Recommended Feasibility Options Ranking Based on the results of the analysis and evaluation process, a summary ranking from best to worst for the implementation of the proposed five jail reuse feasibility options was established by the Vanir consultant team. Analysis of this information and related fiscal impact data was used to form the following recommended implementation ranking: Commercial Data Center Use Recommended Ranking: Jail Reuse Implementation Option #5 References and Acknowledgements: New $10 Million Offer for Wapato Could Signal a Data Center, hftos://r)ami)linmedia.com/pt/9-news/351712-231175-new-1 0-million-offer-for-wapato-could-signal-a- data-center Wapato Detention Facility, https://multco.us/multnomah-county/wapato-detention-facility 2 Data Center Design Criteria, https://pdhonline.com/courses/el73/el73content.odf 3 Scott Tomlinson, Area Manager (Seattle, WA), Vanir Construction Management, Inc. The Need for a New Data Center Design Standard, https://www.missioncriticalmagazine.com/ext/resources/whitepapers/Intention Data Center Design St andards v10.pdf 5.https://colohouse.com/ 127 65A-134 Appendix A. Santa Ana City Jail Functional Use Area Square Footages and Space Adjacencies Graphic Charts by Facility Level Santa Ana City Jail Reuse Feasibility Study 65A-135 n Holding Facility - Level 1 1"=401-0" Functional Use Areas 495 SF ❑ (3) Visiting 413 SF ❑ (4) Central Control Room 9835 SF E (5) Maintenance, MEP, Storage 7137 SF 0 (6) Food Service Area 2757 SF (7) Laundry 14231 SF (8)Intake Processing Area/Release 458 SF (9) Medical/Mental Health/Dental Care 284 SF (11) Housing & Dayrooms 2675 SF 0 (12) Circulation 10487 SF (14) Vehicle Sallyport MON :ILnY 65A-136 Appendix A. n Holding Facility - Level 2 U 111=401-011 Functional Use Areas 3427 SF K (1) Administration Area 2706 SF (2) Lobby/Public Area 74 SF (3) Visiting 10461 SF (5) Maintenance, MEP, Storage 413 SF (6) Food Service Area 6597 SF (8) Intake Processing Area/Release 2874 SF E:1 (10) Classrooms and Program Space 286 SF E (11) Housing & Dayrooms 7249 SF IN (12) Circulation A201° 65A-137 Appendix A. n Holding Facility - Level 3 1" = 40'-0" (1) Functional Use Areas 93 SF (3) Visiting 1548 SF ■ (5) Maintenance, MEP, Storage 461 SF (9) Medical/Mental Health/Dental Care 980 SF El (10) Classrooms and Program Space 17887 SF (11) Housing & Dayrooms 2072 SF (12) Circulation 4639 SF (13) Quasi -Outdoor Recreation Yards A301 65A-138 Appendix A. 1 " = 40' Functional Use Areas 1843 SF (3) Visiting 1017 SF (5) Maintenance, MEP, Storage 184 SF (9) Medical/Mental Health/Dental Care 11459 SF (11) Housing & Dayrooms 1470 SF ® (12) Circulation A302 65A-139 Appendix A. Holding Facility - Level 4 1" = 40'-0" (1) Functional Use Areas 93 SF (3) Visiting 1612 SF (5) Maintenance, MEP, Storage 378 SF (9) Medical/Mental Health/Dental Care 980 SF 0 (10) Classrooms and Program Space 17900 SF (11) Housing & Dayrooms 2059 SF (12) Circulation 3291 SF (13) Quasi -Outdoor Recreation Yards 401 65A-140 Appendix A. n Holding Facility - Level 4M 1" = 40'-0" Functional Use Areas 1802 SF r] (3) Visiting 936 SF 0 (5) Maintenance, MEP, Storage 27 SF E (7) Laundry 192 SF 0 (9) Medical/Mental Health/Dental Care 11161 SF 0 (11) Housing & Dayrooms 1303 SF ON (12) Circulation 65A-141 Appendix A. Appendix B. Jail Facility Condition Assessment and Evaluation Report Santa Ana City Jail Reuse Feasibility Study 65A-142 Jail Facility Condition Assessment and Evaluation Report Santa Ana City Jail Reuse Feasibility Study The Santa Ana City Jail was completed in 1997 and provides housing for pretrial and sentenced male / female inmates. It is operated as a Type II adult detention facility that mainly houses individuals held on state and federal charges. The detention facility has a maximum physical bed capacity of 512 inmates. There are 224 double occupancy cells for a total of 448 beds used for general population. There are 32 single cells for the administrative segregation (Ad Seg) and disciplinary Isolation population. There are two dormitories that house 32 inmates combined. The Santa Ana City Jail is managed by the Santa Ana City Jail Bureau who helps fulfill the law enforcement efforts of the Santa Ana Police Department. They meet the incarceration needs of the Department, supplying direct and indirect law enforcement assistance, and provide for the safe, secure, and humane housing of incarcerated individuals. Through 2017, the Jail was staffed by 124 civilian personnel composed of: (a) One Jail Administrator, (b) One Police Administration Manager, (c) ten Correctional Supervisors, (d) 94 Correctional Officers (FT & PT), (e) Four Lead Correctional Records Specialists, (f) Nine Senior Correctional Records Specialists, (g) One Part-time Correctional Records Specialist, (h) One Security Electronics Technician, (i) One Senior Office Assistant, 0) One Senior Clerical Aide, and (k) One Store Aide (PT). Santa Ana Police Department Jail Bureau I Chief of Police I Jail Administrator and PRPA Coortlinator Senior Office Assistant Jail Security Grievance Program Jail Recortlsl Contnctsl Correctional classification Transportation eilling Disciplinary Supervisor Correctional correctional co coal Correctional Supervisor Supervlsor Spervisor Supervisor Inmate Mall Correctional (4) Audit (3)Lead CRS (t)PTStore Aide Omttr Classlflcado. Compliantt (10)CRS (1) PT Sr. Clerical CO's CO (1)K CRS Aid. Shift 1A SHHU Shift 1B Shiff TB Conerv15noal Correctional Cormcdonal Cortectlonal Jail Staff Assigned to PD Administration CS= Correctonal Supervisor Supe r Supervisor Supervisor Supervisor CRS= Correctional Records Specialist Correctcnal Supervisor: Backgrounds SCO= Correctional officer (3)SOOs (3)SCOs (3)SCOs (3)SCOs Correctional Supernsor. Training CSO =(PT) Ccrmdional Services Officers (11)Cos (11)Co. (11)Cos (n)cos Correctional Officer: Backgrounds CO= Correcgonal Officer (4) CSO (&)CSO (4)CSO (d)CSO The Jail Bureau is organized into three divisions: (1) Jail Operations, (2) Police Records Division, and (3) Jail Administration and Support Services. Appendix B. 65A-143 1. Jail Operations Division The Jail Operations Division receives those placed in Santa Ana Police Custody that will eventually be released or booked at the County Jail facility. It is tasked with providing safe and secure inmate housing. Under the direction of ten Correctional Supervisors, staff must comply with the Principles of Direct Supervision, Title 15, Penal Code, departmental policies, and laws that apply specifically to Jail operations. 2. Police Records Division The Police Records Division is responsible for all Police Department records and processes over 500,000 documents annually. They are often the first point of contact for citizens arriving at the department. While working with the public is a core function of the Records Division, they also process and distribute all police and public records pertaining to public safety activities, as well as reporting Uniform Crime Reports Statistics to the Federal Bureau of Investigations — U.S. Department of Justice. 3. Jail Administration and Support Services Division The Jail Administration and Support Services Division manages contractual and administrative services of the facility and was established in 1997. This division is responsible for (1) BSCC compliance, (2) inmate housing, (3) vendor contracts, (4) also serves as the liaison for the Police Department's Training Division, (5) administers the budget and special projects, (6) addresses inmate grievances, (7) determines inmate discipline for rule violations, and (8) coordinates religious services and education programs. -- Board of State and Community Corrections (BSCCI Compliance Continual auditing and inspection of Jail practices, policies, and procedures is needed to ensure compliance with BSCC standards. Operational policies are continually reviewed and the division coordinates with the Information Services Division so they are available to all staff electronically. -- Inmate Housing The Santa Ana City Jail holds housing contracts with U.S. Marshal and State Parole and as well as courtesy holds for other agencies. Contract revenues from these agencies provides funding to offset the costs for Jail operations. In 2017, the Immigration and Customs Enforcement (ICE) contract was cancelled, requiring an investigation into alternative sources of income to run the facility within budget. The Jail maintains a Pay -to -Stay program for court -approved individuals to complete their sentences within a work furlough program. -- Vendor Contracts The Santa Ana City Jail holds contracts for inmate food services, inmate telephones, commissary, and on-site medical services with NaphCare. -- Police Department's Training Division Liaison The Santa Ana City Jail has one assigned correctional supervisor in the Administration Bureau of the Police Department's Training Division. This division provides employees with professional training in an effort to save lives, prevent injury, improve operational effectiveness, and reduce liability in accordance to Peace Officers Standards and Training (POST) guidelines of the State of California. This liaison helps establish consistency in all aspects of staff training throughout the Police Department and the Jail. Appendix B. 65A-144 The Support Services Division also manages Jail programs, activities, and services. This division includes four sub -sections including (1) Records, (2) Classification, (3) Grievance and Hearings, and (4) Programs. ■ Records: Custodian of booking, identification, and inmate population maintenance records. ■ Classification: Tasked with inmate housing placement and distribution based on behavior and special needs. • Grievance and Hearings: Addresses inmate grievances and conducts disciplinary hearings in accordance with BSCC standards. • Programs: Develops and implements multiple educational, counseling, and behavioral programs. Religious services are offered from a wide variety of faiths including Catholic, Jehovah's Witness, Jewish, Mormon, Muslim, and Protestant. Additionally, regular bible studies and a General Educational Development (GED) program are also offered to inmates. An average of 100 inmates have graduated from the GED program annually since its inception. This highly successful inmate educational program was developed by instructors from the Santa Ana College School of Continuing Education, Inmate Education, Horizon Wilshire GED Center, and the Santa Ana Jail. Other programs and classes include: Alcoholics Anonymous, Anger Management, Breaking Barriers, Business Skills, Computer Applications, English as a Second Language (ESL), Goal Setting, Learning Styles, Microsoft Office, Music, Parenting, Substance Abuse Treatment, and Women's Aglow. The total space of the facility is highlighted in the following Table. As the data shows, the total detention system space consists of 168,243 square feet of usable area. The number and types of cells available to house pretrial and sentenced inmates at the Jail is summarized in the following Chart. The BSCC rates the capacity based on the size of the bed and Dayroom space, number of plumbing fixtures, and the year of the standard that is being applied. The maximum physical number beds in the facility is 512. Santa Ana Adult Detention System - Beds BSCC Rated Number of Type of Cells Housing BedsPhysical Beds ` Single Cells 32 32 1 Double Occupancy Cells 416 448 Dormitories 32 32 ; Total Custody Beds 480 512 'Board of State and Community Corrections Appendix B. 65A-145 Total Available Building Space Contained in the Santa Ana City Jail by Floor i 1st Floor 2n0 Floor 3f0 Floor 0 Floor r Total � 48,772 34,087 43,652 41,733 i I 168,243 , 29.0% 20.3% 25.9% 24.8% 100.0% The number and types of cells available to house pretrial and sentenced inmates at the Jail is summarized in the following Chart. The BSCC rates the capacity based on the size of the bed and Dayroom space, number of plumbing fixtures, and the year of the standard that is being applied. The maximum physical number beds in the facility is 512. Santa Ana Adult Detention System - Beds BSCC Rated Number of Type of Cells Housing BedsPhysical Beds ` Single Cells 32 32 1 Double Occupancy Cells 416 448 Dormitories 32 32 ; Total Custody Beds 480 512 'Board of State and Community Corrections Appendix B. 65A-145 The following information focuses on an overall assessment and evaluation of the Santa Ana City Jail's building structures and key building systems including security and electronics. The facility survey and assessment information focuses on identifying the detention facility's physical plant and building systems strengths and weaknesses. This information was used to determine the continued usefulness and overall economic viability of the structure. The assessment focused on factors that included (1) configuration and intended security levels, (2) defined uses of the facility, (3) physical condition of the building elements, (4) quality of the space, and (5) ability to achieve intended security and level of safety for staff and inmates as well as compliance with standards. The facility survey / assessment looked at previous reports, inspections, maintenance logs, capital expenditures, and any other documents or work products that influenced or has altered the status of each facility. Information on physical layout, dimensions, and utilization of the detention facility was developed by observation, measurement, and drawings. Information on the history of the institution's defined use was obtained directly from facility personnel. Space measurements from architectural plans were taken from the outside of exterior walls to the center line of the wall between adjacent interior rooms. This assessment was conducted over several weeks and involved many discussions with Jail personnel. The information obtained was intended to provide a broad based understanding about the adequacy of the space and physical arrangement of the Santa Ana City Jail facility. It was also intended to provide insight into several fundamental questions about the overall characteristics, continued use and future reuse options of the city facility. Using the information from the facility survey and evaluation, Vanir examined the following planning questions: 1. Is the detention facility and support space sufficiently sized, configured, and in a condition from a physical plant perspective to support the security level and program requirements of the adult offender population? 2. Are there renovations, remodeling, or other building modifications which can be made to the existing facility which would make better use of available space for staff, inmates and the public? 3. Does the local adult facility contain building elements or systems which present excessive liability for the County when continuing to operate or use the facility at current "ADP" levels? 4. What is the remaining useful life of the facility? 5. Can the existing facility be economically expanded to accommodate reuse options or future populations? 6. Have there been significant changes in either the volume or characteristics of male / female inmate population which should be recognized in any remodeling or housing construction plan to expand the capacity of the facility? Are there selected "special" sub -populations of inmates currently being housed in the facility which could be better served through a different housing configuration or security custody response? 7. Where could expansions occur within the facility site plan that would be compatible with the department's operational standards? S. Would the future facility be operated under the current custody philosophy? Appendix B. 65A-146 9. What would be the immediate, short-, mid-, and long-range phased construction recommendations needed to satisfy and / or address the project's identified facility requirements for the Santa Ana City Jail? 10. What are the likely and probable operational and construction costs the City will experience in responding to reuse of the institution? Uniform definitions of the space included in each functional use area (FUA) were also developed and applied in the calculations of the space breakdowns. Overall conclusions about the adequacy of a facility and its space provisions incorporated the evaluator's professional knowledge of standard building and design criteria as well as the systems needed to support the operation of such a facility. In some instances, discussions with staff and their opinion of the space and building systems have also been taken into account when evaluating and developing a composite rating of a particular space or area. In reviewing the published results of the evaluation, it is important to note that other individuals with different professional backgrounds (i.e., users versus non-users) may rate or score a facility differently than what is contained in this report. In order to assess the overall building and possible expansion impacts, a facility evaluation and survey was completed. The work included examining the configuration, capacities, utilization, and physical condition of the city's detention facility. A survey instrument was used to allow the consultants to provide summary ratings for the different FUA's in each of the detention facilities. The areas included in the evaluation are related to categories of standard building design criteria and systems needed to support the operations of a detention facility. Scoring of the functional use areas and building elements were made on a scale of values from 0 - 3 as follows: Santa Ana City Jail Detention Detention Facility Ratings 0 = Very Inadequate 1 = Inadequate 2 = Adequate 3 = Very adequate The methodology used in the facility evaluation process involved the collection, analysis, and assessment of the following data: Facility Survey and Evaluation Data Facility Description: Principal items of information gathered include the date of construction of the facility, total square footage, building configuration, construction type, and the physical arrangement of space. The number and rated bed capacity of each housing unit, security classifications of living units, and history of structural changes (i.e., additions, renovations, and remodeling) are also identified. Identifiable utility, water, sanitary, heating / ventilating / air conditioning (HVAC) and lighting elements for the building and other information about the institution's fire and life safety systems (fire sprinklers, fire alarms, smoke detectors) was also collected. Defined Functional Area Uses of Jail Facility: The total gross square footage of the facility was calculated. Square footage space allocation measurements for 14 pre -defined FUA's were developed. These FUAs are categories of spaces grouped into a "title" that encompasses all the adjacent associated spaces. For instance, "Food Service" will contain the kitchen, scullery, food storage area, loading dock for kitchen, dining area, coolers, dry storage, bakery, and janitor's closet in food service only, walk-in coolers, dining room, and kitchen supervisor's office if in food service area, and toilets rooms if in food service area. Uniform definitions of the space Appendix & 65A-147 included in each FUA were applied in the calculation of the space breakdowns. A comparative space utilization analysis was undertaken as part of the review of the physical characteristics of each institution. The FUA's considered in the facility evaluation are those generic spaces found in detention type facilities. The 14 FUA's allow a facility containing numerous differing spaces to be categorized and compared, averaged, and described. The FUA's reviewed in the detention facilities are the following: (1) administration area, (2) public lobby area, (3) visiting, (4) Central Control, (5) maintenance/storage/utility, (6) food service, (7) laundry, (8) intake / release, (9) medical, (10) programs / classrooms, (11) housing / dayrooms, (12) circulation, (13) quasi -outdoor recreation, and (14) vehicle sallyport. Standard Building and Design Criteria: This review and assessment involved surveying the Jail for (1) appropriate size and efficiency, expansion, capabilities, location and adjacencies of departments, (2) systems - HVAC, plumbing, electrical and lighting, (3) fire and life safety - fire sprinklers, smoke detectors, alarms and panels, doors, emergency lighting, fire resistive materials, furniture and equipment, (4) codes and standards including ADA standards, (5) maintenance — interior / exterior structure, systems, grounds, (6) site - landscaping, parking, handicapped access, walks, curbs, and drainage, (7) structure - exterior walls, roof, foundations, windows, doors, overhangs and chimneys, (8) infrastructure - interior walls, Floors, ceilings, finishes, stairs, hand rails, locks, hardware, and flues, and (9) energy conservation - orientation, glazing, insulation, and shading. The review focused on the following areas and issues outlined in the chart on the top of the following page. The chart shows building components and conditions, as well as system components and conditions the assessment considered. Building Component Condition Roof Leaks, bubbles, cracks, loose tiles. Exterior Walls Cracks, condition of surface Structure Visible signs of structural problems; cracks in walls, floors or ceilings. Windows Operate and lock properly, glazing, sealants. Doors Operate and lock properly. Interior: Floors ComponentSystem Condition of surface, cracks. Interior: Walls Non-structural cracks, condition of surface. Interior: Ceilings Cracks, condition of surface. Heating, Ventilation, and Operation, reliability, level of maintenance Air Conditioning required / available. Appendix B. 65A-148 ■ Quality of Systems: Assessments of the current condition of the primary building elements and systems which support the Santa Ana City Jail facility were also made. Judgments about systems considered a number of factors involving the quality of materials, reoccurring failures, operability, the ease or difficulty in getting parts or service, and how quickly a repair or upgrade may have been made. ■ Quality of Existing Space: A separate assessment and rating of the quality of the building and space was also undertaken. The ratings assigned to each space took into account factors including appropriates in (1) size, (2) efficiency / organization, (3) ability to expand, (4) circulation, (5) location, (6) adjacencies, and (7) level of privacy. Overall conclusions about the adequacy of the detention facility and the space provisions focused on standard building and design criteria as well as the systems needed to support the operation of such a facility. Discussions with staff and their opinion of the space and building systems were also taken into account when evaluating a particular space or area. This information and analysis helped provide insight into several fundamental questions about the overall characteristics, continued use, and future expandability of the jail facility. (See Attachment 1: Functional Use Area Definitions and Attachment 2: Facility Evaluation Survey) In order to better understand and identify space deficiencies in the Santa Ana City Jail, the consultant team also used for comparisons a summary breakdown of the amount of square feet per rated inmate bed in each functional use area from a database originally developed by the Board of State and Community Corrections (BSCC). The database contains functional use area space allocations by rated bed capacity for 79 new generation adult jail facilities constructed with State bonds beginning in the early 90s. Information on 19 comparably -sized jail facilities included in this database was used for comparison purposes. This information allowed our consultant team to better understand space shortfalls and other deficiencies associated with the Santa Ana City Jail facility originally constructed in 1990-2000. The space breakdowns by functional use area for these comparison jail facilities is shown in the following chart. Each of these jail facilities respond to new building codes, seismic regulations, and changes in minimum jail standards including other operational requirements resulting from numerous lawsuits filed in Appendix B. 65A-149 System Component .. . Plumbing Operation, reliability, surfaces, level of maintenance` required / available Electrical System Operation, reliability, safety, level of maintenance required / available. Lighting Systems Operation, safety, level of maintenance required / available. Communications Operation, reliability, level of maintenance required / available. Security Equipment and Operation, reliability, level of maintenance Systems required / available. Physical Security Items For locks, doors, windows, fences: operation, reliability, level of maintenance required / available. Fire Safety Monitors and Operation, reliability, level of maintenance Fire Sprinklers required / available. Kitchen Equipment Operation, reliability, level of maintenance required / available. Site Paving For parking and walks: paved or not, cracks, I potholes, smooth for safety and handicap access. Outdoor Play Areas Paved or not, cracks, potholes, smooth for safety and handicap access. ■ Quality of Systems: Assessments of the current condition of the primary building elements and systems which support the Santa Ana City Jail facility were also made. Judgments about systems considered a number of factors involving the quality of materials, reoccurring failures, operability, the ease or difficulty in getting parts or service, and how quickly a repair or upgrade may have been made. ■ Quality of Existing Space: A separate assessment and rating of the quality of the building and space was also undertaken. The ratings assigned to each space took into account factors including appropriates in (1) size, (2) efficiency / organization, (3) ability to expand, (4) circulation, (5) location, (6) adjacencies, and (7) level of privacy. Overall conclusions about the adequacy of the detention facility and the space provisions focused on standard building and design criteria as well as the systems needed to support the operation of such a facility. Discussions with staff and their opinion of the space and building systems were also taken into account when evaluating a particular space or area. This information and analysis helped provide insight into several fundamental questions about the overall characteristics, continued use, and future expandability of the jail facility. (See Attachment 1: Functional Use Area Definitions and Attachment 2: Facility Evaluation Survey) In order to better understand and identify space deficiencies in the Santa Ana City Jail, the consultant team also used for comparisons a summary breakdown of the amount of square feet per rated inmate bed in each functional use area from a database originally developed by the Board of State and Community Corrections (BSCC). The database contains functional use area space allocations by rated bed capacity for 79 new generation adult jail facilities constructed with State bonds beginning in the early 90s. Information on 19 comparably -sized jail facilities included in this database was used for comparison purposes. This information allowed our consultant team to better understand space shortfalls and other deficiencies associated with the Santa Ana City Jail facility originally constructed in 1990-2000. The space breakdowns by functional use area for these comparison jail facilities is shown in the following chart. Each of these jail facilities respond to new building codes, seismic regulations, and changes in minimum jail standards including other operational requirements resulting from numerous lawsuits filed in Appendix B. 65A-149 response to inmate overcrowding conditions which led to the construction of these comparably -sized county jail facilities. 19 New Generation Jail Facilities I Constructed in California Between 1990.2000 Functional Use Area Data Base Sq. i Square Footage Breakdown' Ft. Per Bed Administration 14.4 Lobby / Public 4.7 Visitation 11.0 Central Control 1.4 1 Maintenance / Storage / Utility 22.2 Food Service 26.1 Laundry 3.1 Intake / Release 27.0 . Medical / Medical Housing 10.1 Classrooms/ Programs 10.7 Housing / Dayroom 187.3 I Intedor Circulation 31.3 i Total 349.3 Source: Board of State and Community Corrections.(BSCC)___ _ _ __ _ _ _ _. The Santa Ana Jail consists of both cells and dormitory housing settings. The combination of settings allows for a flexible placement of inmates that adjusts with fluctuating needs. The facility has a BSCC total rated capacity of 480 inmates, and a maximum physical capacity of 512 beds. The following Functional Use Area (FUA) Charts provides a detailed breakdown of the space contained in the existing Santa Ana Jail. Santa Ana City Jail Indoor & Outdoor Functional Use kea Square Footage Breakdown' (�) Building Area Space TotaISF SFIBed Percent 1. Administration 3,427 7.1 2.0% 2. Lobby/Public 2,706 5.6 1.6% 3. Visitation 4,399 9.2 2.6% 4. Central Control 413 0.9 0.2% 5. Main/Storage/Utility 25.409 52.9 15.1% 6. Food Sernce '7,550 15.7 4.5% 7. Laundry 2,784 5.6 1.7% 8. Make i Release 20.828 43.4 12.4% 9. Wdical/Wntal Health/Dental 1,672 3.5 1.0% 10. inmate Programs 4,833 10.1 2.9% 11. Housing/Dayrooms 58,977 122.9 35.1% 12. Circulation 16,828 35.1 10.0% Total Indoor Jail Spare 149,826 312.1 89.1% 13. Quasi -Outdoor Recreation Yards 7,930 16.5 4.79% 14. Vehicle Sallyport 10,487 21.8 6.2% Total Outdoor Jail Space 18,417 38.4 10.9% Total Jail Functional Use Ames ace 168,243 350.5 100.0% -Based on BSC C rated capacity of 480 beds. Appendix B. 65A-150 Eighty-nine percent of the Santa Ana Jail contains 149,860 gross square feet of indoor space. Including the vehicle sallyport and outdoor recreation, the total square feet is 168,243. The facility assessment and evaluation information reported in this section focuses on a number of specific space and building systems to determine the continued usefulness and economic viability of each building including (1) configuration and intended security levels, (2) defined uses of the facility, (3) physical condition of the building elements, (4) quality of the space and (5) ability to achieve intended security and level of safety for staff and inmates as well as compliance with standards. The following Chart represents a summary depicting the rating of each functional use area contained in the facility. The numbers 1 - 14 represent the functional use areas as follows: (1) Administration, (2) Lobby / Public, (3) Visitation, (4) Central Control, (5) Maintenance / Storage / Utility (6) Food Service, (7) Laundry, (8) Intake / Release, (9) Medical / Mental Health / Dental, (10) Inmate Programs, (11) Housing / Dayrooms, (12) Circulation, (13) Quasi -Outdoor Recreation Yards, and (14) Vehicle Sallyport. Building Building Space t Systems RatingsSanta Ana City Jail Condition Quality Evaluation Evaluation RatingslFunclional Use Area Systems/ Elements 7 2 3 4 5 6 7 8 9 10 11 12 13 14 Space 1.8 3.0 2.5 1.8 3.0 1.8 3.0 3.0 0.8 2.8 1.8 3.0 1.8 3.0 HVAC 28 2.8 2.8 2.8 2.8 2.8 28 2.8 2.8 2.8 2.8 2.8 2.8 2.8 Plumbing 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 N2.8 Elect/LighUng 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 28 2.8 2.8 28 Noise Control 3.0 2.8 28 3.0 2.5 2.5 2.3 2.3 3.0 3.0 2.8 2.5 3.0 3.0 Fire Safety 2.8 2.8 28 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 Handicapped/ADA 3.0 3.0 2.8 1.8 1.8 2.0 1.8 2.8 2.8 2.5 2.8 3.0 2.8 3.0 2.5 Structures 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 2.8 3.0 3.0 3.0 Security 3.0 3.0 3.0 3.0 3.0 10 3.0 3.0 3.0 3.0 2-330 3.0 3.0 2.9 Total 23.5 24.5 23.8 22.3 23.0 22.0 22.8 23.8 22.3 24.0 22.3 24A 23.3 24.8 23.3 SummarySpace/ System Ratin 26 2.7 1 26 2.5 2.6 1 2.4 1 25 2.6 2.5 2.7 25 2.7 2.6 2.8 2.6 Budding/System Raang Scala: -�- 0 -Extremely Inadequate,i-Inadequafa;2-Adequate; 3 -Extremely Adequate. -- From the evaluation assessment of the space and building systems associated with the Santa Ana Jail, the overall score is 2.6 which is very adequate for a California detention facility. Assessments of the current condition of the primary building elements and systems which support the Santa Ana Jail were also made. Judgments about these systems considered a number of factors involving the quality of materials, reoccurring failures, inoperability, the ease or difficulty in getting parts or service, and how quickly a repair or upgrade may have been made. The building systems which were examined included (a) HVAC, (b) plumbing, (c) lighting, (d) noise control systems, (e) fire and life safety, (0 security, (g) handicapped access, and (h) structure. The results of the assessment revealed the following building system strengths and deficiencies: Building System Strengths: Buildino Structure ■ The building is predominately of concrete wall construction which shows no signs of structural failure or wear requiring maintenance or upkeep. High quality finishes such as granite, porcelain fixtures, wood doors, and flooring throughout the facility make it one of the most attractive detention facilities in the state. All the ceilings in secure areas are very substantial heavy perforated steel mesh. Appendix B. 65A-151 Security Locks ■ Locking devices throughout the facility appear to be serviceable and suitable for their intended function. Sliders ran well and appeared to be very well maintained. Manual locking devices appeared to function as intended and were well maintained. HVAC ■ The HVAC unit which was inspected is manufactured by York and original to the building. It is equipped with manual smoke evacuation in the housing units. The system appears to operate normally. Forty to forty-five HVAC units were replaced with VFD models two to three years ago with only a few left to be replaced. Fire Alarm ■ The fire alarm system is EST. It is original to the building and is operating without issues. The sprinkler heads are original to the building and are functioning as intended. The manufacturer is unknown. Electrical ■ The Cutler Hammer electrical system is original to the building. It is operating without issues. Security and Electronics • The electronic security system is the first defense in maintaining security of the facility. In 2016, the City replaced the core security electronics operating component units of the Jail's automated system with new Programmable Logic Controllers (PLCs). Staff have also been thoroughly trained in the operation and use of the PLC components. As funding permits, the Jail intends to replace other aging original electronic components and system equipment including (a) touch screens, (b) original camera, (c) monitors, (d) motorized locks, (e) pneumatic locks (Airteq), (f) sallyport door locks, and (g) intercoms. Circulation Paths ■ Circulation inside the facility as well as the tunnel is well maintained and adequate in most areas. Public Areas ■ The Public Area/Lobby of the facility is adequate and meets current needs. The high- end finishes make for an impressive entry into the second floor of the facility. Building System Deficiencies: Handicap Access • ADA standards were just emerging in the mid -nineties, near the time the Santa Ana City Jail was constructed. It was of the opinion by some that jails were exempt because of the security requirements. On June 15, 1998, the Supreme Court of the United States rendered an opinion which prohibits a "public entity' from discriminating against a "qualified individual with a disability" because of that individual's disability. Appendix B. 65A-152 Although many accommodations have been designed into the correctional facility, some items such as signage and restrooms may fall short of the standard. Healthcare Space The medical and mental health treatment areas are severely deficient in space compared to other medium-sized facilities in California of the comparable age. Additional treatment rooms and staff areas should be expanded to serve existing and future inmate population needs. Security System Equipment Upgrades ■ The camera system appeared to be serviceable and in generally good condition. The system consists of equipment from several manufacturers and is, for the most part, very antiquated other than the Axis cameras are relatively new. There is a maintenance contract in place with Siemens for the cameras in the facility. The National Institute of Corrections (NIC) lists four processes fundamental to security including (1) containment, (2) detection, (3) assessment, and (4) response. 1. Containment - Involves restricting detainees' movements and access in controlled areas; separating by classification, eliminating escapes and contraband. This can be accomplished passively with strong construction, locks, hardware, and materials or actively with qualified staff, technology, and systems. 2. Detection - If "containment" fails (such as the Jail) or is compromised, then detection is necessary. This can be accomplished by personnel or technology methods, i.e., bed checks/counts, panel trouble lights, line of sight observation, and cameras, etc. 3. Assessment - After "detection" an assessment or evaluation of the incident or problem including the urgency needs to occur. 4. Response - After "detection" and "assessment" the response is the action taken by staff to counteract the problem. This may include triggering alarms, lighting selected areas, closing gates, and initiating evacuation procedures, calling for help, or taking action. • The Santa Ana City Jail is in need of some security system upgrades. Out-of-date and difficult to use equipment puts an undue hardship on staff. For facilities minimally staffed, the burden is exponentially exacerbated. Program Areas ■ Current classroom space is inadequate to serve a maximum population. It should be large enough to provide necessary programs and services from professional providers and volunteers from the community. Storage Areas The detention facility generally has adequate storage areas located throughout the building. However, there is no secure Armory. A storage room is designated to store disturbance control equipment. Appendix B. 65A-153 Elevators • The facility's elevators were custom built for the original construction. As such, maintenance issues are a major issue. The maintenance mechanic has done a great job in keeping them operational. However, with the elevators not being of a major current manufacturer, parts availability is an ongoing issue. Inmate Housing/ Davrooms The functionality of the Administrative Segregation (Ad Seg) housing unit is not ideal. Inmates must be escorted adjacent to, and in full view of, staff computers and the door control panel. Staff must make sure all screens are closed and the panel is powered down prior to escorting detainees to their recreation area or other destinations. Food Service ■ The detention facility lacks a general population dining room. All meals are delivered to the individual housing units. The food service preparation area has numerous pieces of equipment that are either broken or in other stages of disrepair. Items are repaired as budget allows. The bakery is currently out of service. Plumbing ■ The building's plumbing pipes are in need of repair and / or replacement. Vehicle Sallvport ■ The Jail's vehicle sallyport is adequate and well maintained. The gate motors should be repaired or replaced due to intermittent issues. The condition assessment scoring process highlighted in the following summary Table shows that the most problematic to the best elements of the facility's building systems include the following: Santa Ana City Jail Building Systems Evaluation Ranked Most Problematic to Best Functional Use Area Ranking Plumbing 1.5 Space 2.3 Handicapped/ADA 2.5 Noise Control 2.7 i ElectricaVLighting 2.8 Fire Safety 2.8 HVAC 2.8 Security 3.0 t Structures 3.0 Building/System Rating Scale: 0 -Extremely Inadequate, I -Inadequate; 2 -Adequate; 3 -Extremely Adequate Appendix B. 65A-154 As part of the Jail Reuse Feasibility Study, the Vanir consultant team brought in a former Federal Bureau of Prisons (FBOP) staff member to also assess the possible interest of the FBOP in contracting with the facility under the reuse plan. The former Bureau of Prisons (FBOP) staff member provided the following summary assessment of key considerations the Bureau of Prisons would consider when establishing the identified interest in contracting bed capacity at the City Jail detention facility. Locking Devices/ Access Control • Card access is installed at some locations, such as administration, corridors, miscellaneous rooms, and elevators. Most card readers were not in use. Assessment., FBOP does not allow any card reading devices in their facilities. • All detention locks are Airteq Pneumatic devices. This includes sliders and jamb mounted devices. All detention locks had Airteq Mogul manual override cylinders. No 80 or 10 series type locks were observed. Inmate cells had jamb mounted locks. Assessment: FBOP does not employ any pneumatic locking devices as they are considered problematic. • All builders' hardware was Corbin Russwin 7000 series locksets. The cylinders were all Medeco. There is a master keying system is in place. Assessment. FBOP does not allow any master keyed systems. However, they do employ the use of Medeco cylinders. • All cell doors in general population housing units were solid core wood type with no food / cuff slots. The doors in administration segregation (Ad Seg) were detention hollow metal with food / cuff slots. Assessment: FBOP does not allow use of wood doors in inmate areas. • Sliding access doors were not observed to be interlocked. Assessment: FBOP requires that all access into secure areas be physically sallyported and interlocked. Control Center and AD/DS Operating Systems • All Jail systems are Legacy operating systems. Assessment: FBOP does not allow the use of Legacy operating systems. It was the Inspectors' opinion that the City Jail facility would likely not be feasible for FBOP use without a great deal of remediation to the previously noted areas. However, the facility has a great infrastructure and functions as intended. Overall building security is no issue. The Inspectors recommend updating areas of concern and continuing to utilize the Santa Ana Jail as a correctional facility, be it municipal, County or private. Appendix B. 65A-155 In order to provide another perspective about the overall adequacy of the size of space and individual functional use areas designed and constructed into the Santa Ana City Jail detention facility, a sampling of comparable California jails included in a database developed by the Board of State and Community Corrections (BSCC) was collected and analyzed. The database contains detailed functional use area space measurements on 79 jails built during last wave of major state-wide jail construction activity in the 1990s. The jail database shows that in California, the average square foot of building space per rated for full- service correctional facilities consisting of primarily double -occupancy cells is 400 square feet per inmate. The database also shows that adult correctional facilities consisting of primarily dormitories contain approximately 350 square feet per rated inmate bed. A sampling of 19 comparable medium-sized correctional facilities that had inmate housing capacity for 300 - 600 custody beds were used for this comparative analysis. As the following data shows, the average interior gross area for the comparison sample is 349.3 square feet per bed. These correctional facility facilities were all built in California incorporating the podular design philosophy. Based on the BSCC rated capacity of 480 inmates and an interior gross area of 149,826 square feet, the area per bed of the City Jail is 312.1 square feet which is approximately 11.9% below the BSCC Correctional Facility Database. Comparison of Santa Ana City Jail Defined Space Allocations with Other California Medium Jails Santa Ana City Jail CA Medium County Jail Database Average Average % of Total Average Square % of Total Sq. Ft. Square Square Sq. Ft. Comparison Functional Use Area Footage Sq. Ft. Per Bed Footage Footage Per Bed %+I - +I -1. 1.Administration 3,427 2.0% 7.1 6,371 4.2% 14.4 -101.3% 2. Lobby/ Public 2,706 1.6% 5.6 1,979 1.3% 4.7 16.8% 3. Visitation 4,399 2.6% 9.2 4,049 2.7% 11 -20.2% 4. Central Control 413 0.2% 0.9 508 0.3% 1.4 -66.2° 5. Main/Storage/Utility 25,409 15.1% 52.9 9,576 6.4% 22.2 58.1% 6. Food Service 7,550 4.5% 15.7 10,497 7.0% 26.1 -65.8% 7. Laundry 2,784 1.7% 5.8 1,555 1.0% .3.1 47.1° 8. Intake / Release 20,828 12.4% 43.4 11,250 7.5% 27 37.7% 9. Medical / Mental Health / Dental 1,672 1.0% 3.5 4,267 2.8% 10.1 -188.8% 10. Inmate Programs 4,833 2.9% 10.1 4,793 3.2% 10.7 0.8% 11. Housing /Dayrooms 58,977 35.1% 122.9 68,953 45.9% 187.3 -52.4° 12. Circulation 16,828 10.0% 35.1 11,769 7.8% 31.3 10.7% Total Indoor Jail Space 149,826 1 89.1% 314.1 135,567 90.3% 349.3 -11.9% 13. Quasi -Outdoor Recreation Yards 7,930 4.7% 16.5 9,053 6.0% 23.4 14. Vehicle Salyport 10,487 6.2% 21.8 5,507 3.7% 19.7 Total Outdoor Jail Since 18,417 10.9% 38.4 14,560 9.7% 43.1 Total Jail Functional Use Area Space 168,243 100.0% 350.5 150,127 100.0% 392.4 Note: The California jail database Areas shown are averaged for 19 medium-sized county detention facilities constructed during the state-wide wave of countyjail building during the 1990s and jails that have inmate housing capacity for populations of 300-600 custody beds. Overall, the Santa Ana City Jail's functional use area space and related sizes are generally consistent with the database standards for space allocations, with the exception of the medical / mental health / dental space, administration area, Central Control room, and smaller dayrooms located adjacent to the eight inmate housing units. The average square foot per bed devoted to inmate programming activities and visitation are also slightly lower. The most significant interior space difference appears to involve the Appendix B. 65A-156 medical / mental health services area which is nearly 6-1/2 square feet lower per rated inmate bed than other comparable California detention facilities. From an outdoor jail perspective, the overall size of the Jail's vehicle sallyport is slightly larger than the average of the 19 facilities included in the comparative analysis. The analysis does show, however, that the facility's quasi -outdoor recreation yards are somewhat smaller compared to other California jails. The City Jail devotes nearly 16.5 square feet of total building space per rated bed while the comparison facilities allocate approximately 23.4 square feet per bed. EVALUATION OF FUNCTIONAL USE AREAS AT THE SANTA ANA CITY JAIL The following section contains a summary review of each of the 14 functional use areas contained at the Santa Ana City Jail. Administration — Space is the connecting hub of the Jail to the entire organization. It is the space where administrative staff are located, such as Jail Administrator, support staff, and clerical. It provides a buffer to the Jail and the rest of the Department's organizational structure. This function is the primary response to public concerning the inmates, process, laws, etc. This space is generally located outside of the secure perimeter of the Jail, but in close proximity for convenient access. Administration typically includes (1) staff offices, (2) training rooms, (3) locker room with showers, (4) conference room, (5) copy room, (6) storage rooms, (7) staff lunch room, (8) IT room, (9)janitor closets, (10) restrooms, (11) records, and (12) public area. Standards - Title 24 is not specific regarding the amount of space needed to manage and operate the Jail. However, Title 15 responds to the duties and requirements such as: maintaining statistical data, preparing manuals and procedures, supervision, administration, etc. EXISTING CONDITIONS AT THE SANTA ANA CITY JAIL FACILITY The administration space is comprised of small office areas adjacent to the facility's entry. The total space is 3,427 square feet. Observations and Evaluations: Consultant Evaluation Rating: 2.7 Very Adequate • The administration area is located off the Lobby entrance on the second floor of the City Jail. • The administration area contains 13 cubicles of varying size, four offices for the jail administrator, support manager, chief secretary, and a small conference room. • The roll call room seats approximately 25 officers and includes a small break area with two microwaves. • The administration area contains 2 two -stall restrooms for male and female employees. The restrooms contain some ADA aspects; however, the sink does not meet ADA height compliance. Appendix B. 65A-157 • The administration area contains staff lockers, a small kitchen, and a copy room. • The shift supervisor's office (Room 1204) houses the corporal's office and assistant team leaders. • The transportation unit (Room 1201) has always been used for storage and not as a transport unit room. It is currently being utilized for medical storage. • The IT department has a contract with Siemens to maintain servers and update computer equipment every few years through an equipment renewal program. • The administration area is comprised of modular walls and wooden doors. All windows are original apart from one window that broke and has been replaced. Flooring, paint, furniture and fixtures are in excellent condition. • The general size of the administrative space is more than sufficient for facility operations. Administration Reception Area Cubicles and Offices Large Conference Room Cubicles and File Storage Roll Call Room 65A-158 Small Conference Room Appendix B. Copy Room Staff Lockers Staff Kitchen Area Staff Restroom Public Lobby Area - This is a staging area for families, the general public, and other agencies wishing to interact with persons in -charge at the Jail, or visiting inmates detained in the facility. Normally, this is a lobby area with public seating. This area may include public toilets, water fountains, telephone, storage lockers, seating, TV, staircases, and elevators to other floors. Standards - Title 24 does not specifically respond to this space. EXISTING CONDITIONS AT THE SANTA ANA CITY JAIL FACILITY There is one main entrance in the front of the building that opens onto the second floor. Individuals mandated to register as a condition of their probation or parole are processed in the lobby of the Jail facility. The total space allocated to the public lobby area is 2,706 square feet. Observations and Evaluations: Consultant Evaluation Rating: 2.7 VeryAdequate • The public lobby contains high quality finishes such as granite, porcelain fixtures, wood doors, and flooring making it one of the most attractive detention facilities in the state. • The public lobby of the facility is quite adequate and meets current needs. • The public lobby counter contains eating for up to three staff. Appendix B. 65A-159 View into Lobby from Officer Stations be maintained. Officer Stations Visiting - This space is used for the purpose of family, friends and attorney visits with inmates at the Jail. Family visiting is a function that needs to be monitored and controlled by staff. Visiting can take the form of contact or non -contact. Contact visiting means that there are no barriers between the inmate and visitor. Non -contact visiting usually means the presence of a security glass barrier between the inmate and visitor, and where communication is conducted through a port in the glass or an electronic device such as a telephone. The latter type of visiting is usually implemented when a potential security risk exists, either from the family or inmate. Attorney visiting usually requires a sound- proof area where attorney-client privilege can Standards - Title 24, indicates that space for visiting shall be provided in the Jail. Title 15, specifies that the inmate shall have the opportunity for shall be allowed one or more visits, totaling at least one hour, per week. The regulations do not specify the type of space required for visiting. This is usually left to the Jail Administrator to determine, considering security levels, risks, separation, segregation, case law, county, state and national policy, and design constraints. EXISTING CONDITIONS AT THE SANTA ANA CITY JAIL FACILITY The Santa Ana City Jail uses non -contact visitation for the inmate population. There are three contact visitation rooms for attorney-client face-to-face contact visitation. In some instances, visitation can be a problem in maintaining a contraband -free facility. Therefore, staff must continually provide searches of the inmates returning to their cells or dormitories. Due to changing inmate populations, contraband control is a constant threat in any jail facility. The total space allocated to the Visitation function is 4,399 square feet. Appendix B. 65A-160 Observations and Evaluations - Consultant Evaluation Rating. 2.7 Very Adequate • There are three contact visitation rooms for attorney visitation, with plugs for laptops. Attorneys are not allowed to use their own laptops and must use laptops provided by Police Department. • There are three visitation booths on the first -floor of the Jail in the intake area; one is enclosed, and two are open. Intake visitation is non -contact and conducted through glass, except for attorney visitations. Stools are not fixed allowing for ADA access, however, height should be checked for ADA compliance. The door hardware for the three visitation booths is comprised of Corbin Russman locks consisting of two pneumatic, and one keyed with a door knob because it previously was an office. The old pass through into the valuable property room has been welded shut. In addition to serving the intake area, the first -floor visitation also serves as overflow for the second -floor housing unit visitation if they are double booked. • There are two video visitation booths on the second -floor for the two small dorm housing units currently housing the female population and other special classifications. There is no face-to-face visitation in this housing unit. Visitors use the video terminals on the first -floor to communicate with inmates on the second -floor. • Excluding the administrative segregation units, housing units located on the third- and fourth -floors have identical visitation areas on the mezzanine level. There are four non -contact visitation booths in each housing unit for a total of eight booths per floor. Administrative segregation visiting is located on the mezzanine level like other housing units, but inmates are escorted to and from the visitation booth and are a lot more isolated than other classifications. • There are two non -contact attorney visiting rooms (four total) with a paper pass located on the third - and fourth -floors. • The granite floor in the Jail's elevator used to access the visitation areas is in like new condition. Overall, the number, location, inmate access and condition of the visiting space is very adequate. Housing Unit Visitation Attorney Visitation Booking Visitation 65A-161 Video Visitation for Dorm Housing Appendix B. Central Control is a secure space that occurs primarily in newer generation facilities. The Control Room, in older facilities, are typically located in the housing or living area and perform limited supervision functions. New generation Central Control rooms, however, performs the function of observing and controlling, by electronic means, all key doors, sallyports, communications, audio monitoring, video monitoring, access to the building, access throughout the building, etc. This allows for a keyless facility. The Central Control space then becomes the "master key" thus requiring the highest security in the building. With a keyless system, the risk of obtaining staff keys for escape is eliminated. Direct line -of -sight to key areas of control is also very desirable. STANDARDS - Title 24 does not require a Central Control space, nor does Title 15 respond to it. This space is a product of new generation design thinking in the United States and is led primarily by adult correctional facilities. EXISTING CONDITIONS AT THE SANTA ANA CITY JAIL FACILITY There is one secure enclosed Control Room in the facility that was designed for two officers, but is currently operated by one staff member. The Control Room contains limited door controls, elevator control, video monitoring system to various locations in and around the facility, and a unisex staff restroom. Although there have been some upgrades to the touch screen control panels, Control Room, and cameras throughout the Jail, there are still concerns regarding remaining original equipment in this Vital area. Radios, tasers, and dress alarms are issued from the Control room area. The total space allocated to the Control Room functions is 413 square feet. Observations and Evaluations - Consultant Evaluation Rating: 2.5 Adequate • The Control Room space and related areas are adequate for up two staff members. • The Control Room electronic equipment is operated by the original Legacy system that is now considered obsolete. The City does employ a former Legacy employee who conducts and maintenance and equipment repairs on the control system as needed. • The control system has failed in the past causing the administrative segregation housing unit to spontaneously go unsecure. • The fire control computer system is original and in working order. The smoke exhaust system is original and vents can be manually turned on. • The Control Room has two identical redundant equipment staff stations, but the system is never operated by two officers. • The City had budgeted to update Central Control with new monitors and modern equipment, but the upgrades at the time of this assessment were on hold. Appendix B. 65A-162 • There are no Pan Tilt Zoom cameras (PTZ) in the facility. All cameras are fixed and Central Control can use the zoom function to adequately monitor the facility. The nine -inch original monitors located in Central Control are programmed to automatically view doors activated by officers. The larger flat -screen monitors have been replaced within the past two to three years. • The Control Room carpet is in excellent condition, however, the staff station casework needs updating. Original 9"Monitors View from Central Control Original Security Electronics System Unisex Staff Restroom Maintenance / Storage / Utility - This functional use area contains a number of spaces used primarily for storage and the location of utilities and janitor closets. This type of space exists in almost all facilities. This space could be the heater or boiler room. It could also be the electrical room or telephone closet. Storage space is extremely vital to the operations of the facility. In most cases, there is not enough storage space designed into a facility. In order to operate, the Jail needs supplies and goods and a place to put them. The storage needs of a facility are directly proportional to the number of staff and inmates located in the facility. The location of the storage is also very important. Supplies and 65A-163 Appendix B. goods need to be accessible or it will involve more staff or less staff actually supervising the inmates Standards - Title 24, refers to two types of storage including (1) institutional and personal storage - 80 cubic feet per inmate, and (2) safety equipment storage - secure area for safety equipment such as fire extinguishers, self-contained breathing apparatus, wire and bar cutters, emergency lights, etc. It also speaks of janitorial closets - at least one closet in the security area. EXISTING CONDITIONS AT THE SANTA ANA CITY JAIL FACILITY The Santa Ana City Jail is a modern detention facility that has been very well maintained. It is well appointed with upscale finishes such as porcelain fixtures, granite flooring and trim from the same quarry used throughout the building. On a clear day, you can see Catalina Island and Angels Stadium from the roof that boasts actual granite trim. The maintenance office includes several work stations, break stations and a storage and supply room. The Jail facility's maintenance staff is to be commended for their hard efforts to keep the facility in excellent shape and many original equipment pieces are still in good working order. Approximately 95% of the equipment within the facility is original. Every effort is made by staff to maintain upkeep as cost effectively as possible, all while being environmentally conscious. The Jail has already undergone an ultra-low wattage replacement and is now moving towards LED as bulbs need replacement. The toilets have been reduced from 5.5 to 3.5 gallons per flush, and the use of ultra shower heads has reduced water usage to 2.5 gallons per minute for efficiency and conservation. Forty (40) to 45 of the Jail's HVAC units have been replaced with VFD models two to three years ago with only a few remaining to be upgraded. The maintenance team also adjusts the damper to swap out cool, clean air for four to five hours a day in the morning to help cool the building and limit chiller use. There is ample storage located throughout the facility, with some exceptions which could be addressed by relocating the stored items to a larger storage room. The largest storage room is used for general storage, items to be repaired, extra furniture, and some commissary supplies. There is a desk for the storage aide employee use when receiving deliveries or performing inventory. There is one storage room on each floor for each housing unit that stores soap, shampoo, toilet paper, janitorial supplies, and more. There is additional storage located on the roof in the mechanical room with the enclosed equipment. The primary air handlers on the roof are original. There is also storage for air filters, carpet, belts, and more. While most of the basement tunnel is in good working order, there are several large wall cracks that have been repaired but not repainted. Staff noted there were issues with moisture seepage through the slab in the past. Core drilling scars are present throughout the building due to an aquifer found under the foundation after construction. There were also small piles of debris that had not been removed. There are five elevators in the facility, three for inmates and two for staff. The elevator manufacturer went out of business one year after they were purchased. Service Elevator 1 was offline for approximately three years and was recently fixed after ordering custom parts at a cost of approximately $50,000 to repair. They have had to go as far as closing operations because only one of five elevators in the facility were working. The Jail has a maintenance contract for the elevators and has been working on upgrading them one at a time. The elevator operational issues have almost been resolved resulting in a significant cost savings for the City. There is a series of master keys for the facility based on a pyramid or keying hierarchy. The keys used are Medico and angle cut, making them harder to duplicate and pick. Cameras were upgraded to HD Digital IP in 2016 from the original Legacy system. Porcelain sinks, toilets, and wood doors are installed throughout the building excluding the administrative segregation (Ad Seg) unit. The total space allocated to the Maintenance/Storage/Utility function is 25,409 square feet Observations and Evaluations - Consultant Evaluation Rating: 2.6 Very Adequate Appendix B. 65A-164 • The overall condition and general maintenance of the copper piping is an issue throughout the building. The hot water return line have several leaks, and pipe needs replaced in sections in the next six to eight months. • The Jail's water softener has been out of order for some time at the time of this assessment. • Some of the washers in the laundry area need to be updated as they leak. Attendants must clear lint trap after every load or the laundry room floods. • Each of the gates in the vehicle sallyport break a few times a year for one to two days at a time. Each main travel bar has also been broken and rewelded, leaving it out of service for approximately one week. If Central Control is unable to open the gates, officers must do so manually. • The staff station casework in the Central Control room needs updating. • There are multiple ongoing maintenance issues in the kitchen including (1) drainage problems with washers, (2) one steamer has been out of service for quite some time, (3) pressure cooker is out of service, (4) opening and closing the freezer and walk in too often can cause the condenser to freeze, and (5) tray conveyor system broke very soon after building opened. Chillers on side of the conveyor work and are still being utilized by staff. The bakery oven, mixer, and proofer are not in working order. • Flooring in staff / inmate elevators should be updated. Tile flooring in housing units is in good condition, but carpets should be cleaned or replaced in some areas. Tile in areas of the basement needs to be replaced. • One mechanical room has original equipment and have intermittent leaks. The large mechanical room off the large storage room houses HVAC and boilers that are all original and have not been retrofitted. • Two of the thirty-two gates that separate the pods in the housing units have broken in the past. The remainder are in good working order. Motors are in a soffit and difficult to access. • Housing Unit 4C has water stains on ceiling at mezzanine level. Appendix B. 65A-165 Appendix B. 65A-166 Kitchen - Meals are required for the inmates being detained during any scheduled meal time. The facility in which the meals are prepared and delivered is left to the County. In some counties, this function is contracted with a private provider or the Sheriffs Department. Jail supervisors have claimed that a meal that is adequate and tasty goes a long way in reducing the anxiety of those being detained. In the design of a typical kitchen, there is a prescribed order of preparation and activity areas. For instance, the baking area (for preparing breads, cakes, and cookies) may contain the ovens, reach -in refrigeration, floor - mounted mixer, bowl and paddle storage within close proximity to one another. Other specific areas within a kitchen may include salad wash area, frying area, soups and sauces area, slicing area, sandwich make-up area, serving line and scullery, to name a few. Most designers will provide equipment and apparatus needed to support specific tasks within close proximity. STANDARDS - Title 24 is not specific regarding the space needed to prepare the meals. Title 15, responds to the menus, servings, administration, handling, clean-up, sanitation, diets, and frequency of servings, storage, and food handlers for the food service operation. Also cited are the Health and Safety Codes and the Uniform Retail Food Facilities Law regulations. EXISTING CONDITIONS OF THE SANTA ANA CITY JAIL FACILITY The Santa Ana City Jail has a large kitchen with a full bakery that is sufficient to prepare enough meals for the number of inmates held there, even at maximum capacity. Most of the preparation areas in the kitchen are open spaces. The kitchen contains five refrigerators and six freezers. The dry storage and freezer areas are large enough to store meal ingredients for a longer period, providing the opportunity to take advantage of bulk purchases that lower overhead costs for the facility. Large refrigerator space allows for advance meal preparation and storage until needed. The kitchen also contains a staff break room, an office for the Kitchen Manager, one unisex restroom, and 12 lockers. The meals are delivered on trays and served to inmates in their housing units. The total space allocated to the food services area is 7,550 square feet Appendix B. 65A-167 Observations and Evaluations - Consultant Evaluation Rating: 2.4 Adequate • Dry storage is adequate for facility size and deliveries received twice per month. • Freezer and walk-in space is sufficient, however opening and closing the doors too often can cause the condenser to freeze. • All ovens, two refrigerators, and one blast chiller are original and in good working order. The Jail has been experiencing problems with the dishwashers having adequate drainage. One steamer has been out of service for quite some time, and the pressure cooker was out of service at the time of this assessment. • The original tray conveyor broke shortly after construction was completed, but the attached chillers are still in working order and are utilized. • The bakery is no longer being utilized as the current inmate population cannot support its use. The proofer, mixer and bakery oven are out of service. • The outgoing staging area (Room 1163) is a secure room being used for kitchen storage. The loading dock belongs to the Police Department next door, but also serves Santa Ana City Jail kitchen. • The facility lacks an inmate dining room, requiring all meals be delivered to the housing units. Cold Storage Meal Preparation Dry Storage 65A-168 Cold Storage for Prepared Meals Appendix B. Broken Tray Conveyor With Chillers Tray and Cart Storage Open Kitchen Areas For Easy Access Out -of -Service Mixer Laundry - The laundry area is often thought of as a key "infrastructure space" for the entire Jail. The laundry provides for the complete sanitation of inmate's clothing, bedding, towels, and other articles. This is a "day to day" operation to maintain cleanliness standards. Normally when designed, the laundry is sized to support the largest Jail population including overcrowding. This provides for the optimum use of equipment and space. When the laundry requirements exceed the supported capacity, a few courses of action are taken: (1) the laundry operation is extended (a burden to equipment and staffing), (2) the laundry space is expanded and additional equipment is added, and/or (3) laundering services are solicited from a private vendor. STANDARDS - Title 24 is not specific regarding the amount and type of space needed for the laundry. However, Title 15, outlines the clothing and bedding exchange for adults. Outer clothes shall be exchanged at least once a week and undergarments and socks shall be exchanged at least twice each Appendix B. 65A-169 week, unless climate or illness necessitates more frequent exchange. Bedding shall be exchanged at least once each week. EXISTING CONDITIONS AT THE SANTA ANA CITY JAIL FACILITY The laundry area contains an office for mail processing and telephone review by facility staff. Laundry service is conducted by staff and/or 1-2 inmates on an afternoon shift. No inmate trustees are assigned to the laundry. The laundry consists of three commercial washers and three dryers. The room contains storage for supplies, and a restroom. The room contains a large table for folding laundry which is a key function. The total space allocated to the laundry function is 2,784 square feet. Observations and Evaluations - Consultant Evaluation Rating: 2.5 Adequate • The three large commercial washers located in the jail are original equipment, and the 55 -Ib. washer is approximately 17 years old. The washers leak continually and if the lint trap is not cleared after each load, the room will flood. • The three commercial dryers are 1, 5, and 10 years old and in good operating condition. • The unisex restroom toilet is on a cement riser to meet ADA height requirements. • Chemical storage is locked and secured per ICE requirements. • The door leading to the bakery is locked and not in use. • New and clean clothing storage is adequate to meet inmate custody demand. Clean Laundry Storage Clean Laundry Storage 65A-170 Clean Laundry Storage Commercial Dryers Appendix B. Large Folding Table Intake/Release - This is the space or area where the arrestees and inmates enter or leave the Jail. i _ ( More than likely, a police or sheriffs officer brings f them in for booking. The arrestee goes through a battery of processing steps. They may be .1 handcuffed at this time. The transition from police to Jail is a critical time in the booking process. This L is the time the arrestee may act out or resist being incarcerated. The area needs to be designed to 4as " accommodate all types of security risks and should be of the highest security level. After the officer leaves and the processing and I.D. is completed, the arrestee is showered, given Jail clothing in exchange for his or her own clothing, _ given bedding and a hygiene kit, and assigned a room. The arrestee may retain an attorney or contact a bail bondsman. The spaces included in this functional use are may include (1) officer report writing area, (2) holding cells for the combative arrestee for staging, (3) waiting area for the compliant, (4) sobering cell, (5) finger print area, (6) photo area, (7) shower and toilet room, (8) adjacent property storage, (9) valuable storage area, (10) bedding and issue storage, (11) medical screening room, (12) interview room, (13) classification office, (14) booking staff office, (15) booking staff toilet, and (16) storage area for large items such as bikes, backpacks, bedrolls, etc. Standards - Title 15 responds to the processes involved in the intake and release of the arrestee. Title 24 states that the Jail shall have a reception area pending admission to the facility. This area shall have a weapons locker, secure room for arrestees, access to a shower, secure storage for valuables, accessible telephone, and hot and cold running water for staff. EXISTING CONDITIONS AT THE SANTA ANA CITY JAIL While in intake, detainee tattoos and pre-existing injuries are documented, along with booking photos, ID and fingerprinting. Medical screenings are given to those arrestees requiring immediate medical or mental health attention. Doctors and mental health crisis specialists are contacted if needed. First Floor Intake - The booking lobby has two restrooms available for inmates sitting in the docile lobby area. Male and female inmates may be in the lobby at the same time, but are not placed into holding cells Appendix & 65A-171 together. All holding cells are equipped with intercoms. Telephones are also available in the booking lobby area, and select holding cells contain phones. The intake area contains three offices which are used for running criminal histories, classification, and ICE staff. There is a raised staff area and a shift supervisor's Office. There are ten holding cells with a combined capacity for 49 arrestees. One holding cell is a negative pressure cell with a retrofitted UV air scrub, and another serves as the detox room. All holding cells can hold four to eight inmates. One holding cell is being used for storage but is still available for use if needed. The intake area also contains two sobering cells with a capacity for eight arrestees each (16 total). Each sobering cell contains split porcelain fixtures, raised floor area along both sides of cell, two padded walls by toilet and sink, and has a hands-free phone with no receiver. There are also three interview rooms, a detainee pat down area. The intake area is ADA compliant with two unisex detainee restrooms, one staff restroom, and a water fountain. There are six phones and the facility soon plans to install two TTY phones and two telephones with recording capabilities. There are two dress -in rooms, one each for males and females, with work tables, benches, and showers. Rolling fire doors pass through the clean laundry storage room between the two dress in rooms. A roller system runs from the dress in area to the personal property storage room upstairs. There are three visitation booths on the first -floor in intake — one enclosed, and two open. Intake visitation is non -contact and conducted through glass, except for attorney visitation. Stools are not fixed allowing for ADA access, however, height should be checked for ADA compliance. The door hardware for the three visitation booths is comprised of Corbin Russman locks - two pneumatic, and one keyed with a door knob as it used to be an office. The old pass-through into the valuable property room has been welded shut. In addition to serving the intake area, it also serves as overflow for the second -floor housing unit visitation if they are double booked. The armory is of adequate size for the facility even when it is near capacity. It is located across from the central control room and next to the shift supervisors office. It contains items such as shake down kits, bolt cutters, helmets, and more. The communications room contains the Programmable Logic Controller (PLC) racks for door controls, main block for inmate telephones, UPS's, and switches for all video. All recorded video runs through racks that are located here. Second Floor Intake / Release - The second floor intake area handles all post arrest and some immigration processing. A decision by central Court to streamline their process has led to intake holding inmates over for Court as needed. There are five Court holding cells that use pneumatic and key locks. The personal storage room is located on the second floor of the intake area. Inmate property is organized alphabetically. It is currently quite empty due to the facility's lower population since the ICE contract ended. It is more than adequate for current needs, however, it gets quite tight when the population reaches 450-475 inmates. The bulk property storage room is located adjacent to the personal property storage room, and contains found, out of custody, and overflow in custody property storage such as books and property from personal storage. If inmate property is left behind after release, notices are sent out and any unclaimed items are disposed of after 90 days. Some items are stored here and made available for indigent inmates in need of garments. The male dress -out room has a maximum occupancy of 20 inmates. The female dress -out room has a maximum occupancy of 15 inmates. The pass-through gate connected to the property storage room is not in use. Appendix B. 65A-172 All A49 inmates, federal inmates, or any inmate with special provisions are released to the street exit from the release counter located on the second floor. The release counter is connected to the administration area near the office cubicles. Valuable property lockers are in a room behind the release counter. The total space allocated for this function is 20,828 square feet. Observations and Evaluations - Consultant Evaluation Rating. 2.6 Very Adequate • Personal storage room roll up doors are no longer in use. • Intake and booking area can be noisy when busy. • The two existing safety cells are adequate for the population. Safety cells are crucial in serving the medical and mental health needs of the facility. • Personal storage space is inadequate when near capacity. Twenty-five percent more storage space should be added if facility is to run at capacity. First Floor Intake Seating Sobering Cell Intake Counter 65A-173 ADA Compliant Restroom Appendix & Holding Cell Armory Personal Property Storage Room Interview Room Shift Supervisor's Office Roller Doors Not In Use Personal Property Roller System 65A-174 Interview Room Appendix B. Dress -In Room Valuable Property Storage Room Inmate Release Counter Medical - This functional use area is extremely critical to the Jail, Department and City. This is where the medical and mental health screening �a a } " occurs. The purpose of the medical screening is to 4 $ - I identify, at a minimum, those persons with chronic, acute, and communicable conditions, and those s inmates who are alcohol or drug dependent. Screening those inmates before they are housed ,) Tt .— " can insure against unnecessary aggravation of their medical or mental conditions, and can '. dramatically reduce the spread of infection to the rest of the population. The Board of State and Community Corrections (BSCC) has established focused guidelines for the Health Care Administrator. Many small jurisdictions contract this service out to a local medical group. However, when health care services are delivered within the facility, staff, space, equipment, supplies, materials, and resource manuals shall be adequate to the level of care provided. The facility shall have a medical exam room of no less than 100 square feet, contain lockable medical supply storage, and cold/hot water. Standards - Title 15, respond to a wide range of rules and procedures for medical, mental, and dental health care to inmates. Appendix B. 65A-175 EXISTING CONDITIONS AT THE SANTA ANA CITY JAIL FACILITY NaphCare provides staff and modern medical equipment for the detention facility. Nurses evaluate arrestees in the first -floor medical office for intoxication or health issues that may require treatment when they are booked into the jail. The medical office, exam room, medical staff breakroom with access control, and a pharmacy are located on the first -floor. Sick call is usually held in the third -floor exam room. Identical counseling rooms hold the medical services administrator's office on the third -floor, and a dental exam room is located on the fourth -floor of the facility. To limit inmate movement within the facility, pill pass is taken to the inmates inside each housing unit. The total space allocated to this function is 1,672 square feet. Observations and Evaluations - Consultant Evaluation Rating: 2.5 Adequate • The first -floor medical office and medical exam rooms are adequately sized. The medical exam room has modem equipment in working order. • Medical records storage on the second -floor is very full and is inadequate for the size of the facility. • The room designated as the pharmacy on the fourth -floor is being used for medical supplies and contains a refrigerator and storage. • The sick call room (Room 4109) is used as a dental exam room. A negative pressure cell with UV air scrub is in the intake area. Dental Services Medical Exam Room Pharmacy With Refrigerator 65A-176 Unisex Restroom Appendix B. Medical Office Records Storage Medical Office Medical Supply Storage Programs / Classrooms - While an inmate is being detained at the Jail, the Jail Bureau shall provide a space for classroom functions to occur. Each facility shall have multipurpose space for games and activities, dining, visiting, TV meetings, and quiet space for study and reading, such that activities do not conflict with each other. STANDARDS - Title 15 responds to the requirements placed upon the Jail Bureau in meeting the program needs of the detained adult. The range and source of such services shall be at 6 the discretion of the facility administrator, and may include (a) individual, group and/or family counseling; (b) drug and alcohol abuse counseling; (c) community volunteers; (d) vocational testing and counseling; (e) employment counseling; (f) referral to community resources and programs; (g) pre-release and release assistance; (h) legal assistance; and, (i) regional center services for the developmentally disabled. EXISTING CONDITIONS AT THE SANTA ANA CITY JAIL FACILITY The Jail's four existing multipurpose rooms are utilized to run fourteen programs and seven different religious services. Separate classes are offered for females and transgender inmates (as needed). Classes are not held Saturday or Sunday, but religious services are. Religious services are offered from Appendix B. 65A-177 a wide variety of faiths including (a) Roman Catholic, (b) Evangelical Christian, (c) Jehovah's Witness, (d) Jewish, (e) Mormon, (f) Muslim, and (g) Protestant, in addition to regular bible studies. A General Educational Development (GED) program is also offered to inmates. An average of 100 inmates have graduated from the GED program annually since its inception. This highly successful inmate educational program was developed by instructors from the Santa Ana College School of Continuing Education, Inmate Education, Horizon Wilshire GED Center, and the Santa Ana City Jail. The following is a list of the programs and classes offered in the Santa Ana City Jail: • Alcoholics Anonymous • Anger Management • Breaking Barriers • Business Skills • Computer Applications • English as a Second Language (ESL) • Goal Setting • Learning Styles • Microsoft Office • Music • Parenting • Substance Abuse Treatment • Women's Aglow The space allocated to programs/classrooms is 4,833 square feet. Observations and Evaluations - Consultant Evaluation Rating., 2.4 Adequate • A number of observations about the large classroom included the following: - Large classroom is used approximately five times a day when Jail is operating near capacity. It is used approximately three times a day when operating without ICE inmates. - One unisex ADA accessible restroom is not in use and is being utilized for additional classroom storage. - Musical instruments are stored above cabinets instead of in a dedicated area. - All technology used for second floor classroom is provided by Santa Ana College. - Existing' computers for school programs are several years old and should be replaced with more modern equipment. - Large classroom contains class supply storage and utilizes original cabinets. • The furniture in smaller classrooms / multi-purpose rooms in housing units is not fixed and could pose a security risk. • Teacher / volunteer offices are available on mezzanine level of housing units are of adequate size and condition. Large Classroom for Computer & Music Classes 65A-178 Small Classroom/ Multipurpose Room Appendix B. TeacherNolunteer Office Classrooms in Housing Unit on First Tier 77W Housing/Dayroom - This space is referred to as the "living unit" by the Board of State and Community Corrections (BSCC). It consists of sleeping rooms and adjacent dayroom space. Dayroom space is an area where the inmate can conduct passive and active activities, such TV, board games, reading, table _ - tennis, etc. Housing or sleeping rooms come in three forms including (1) single -occupancy sleeping rooms, (2) double -occupancy sleeping rooms, and (3) - dormitories. This functional use area occupies over fifty percent of the total space in a typical Jail. If the housing unit is locked from the dayroom, then the rooms are required to contain a toilet. Standards - Title 15 contains the operational standards for adult facilities. These include sections relating to fire and life safety, security, segregation, searches, discipline, suicide prevention, bedding and linen issue, hygiene, sanitation, etc. Title 24 relates to the size and adjacency requirements for living units. EXISTING CONDITIONS AT THE SANTA ANA CITY JAIL FACILITY The Santa Ana City Jail provides housing for U.S. Marshal, Bureau of Prisons, and some overflow from local agencies on the weekends. Occasionally, they house inmates that have failed out of halfway houses and hold them until they have either finished their sentence or their punishment. The Jail has 35.1 % of its total area in housing and dayroom space. There are nine living unit wings and two dormitories at the Jail. Units are operated as direct supervision units. Inmates take pill pass and meals in their housing units. The two dormitories in the facility have capacities of 14 and 18 inmates each. In 2009, a staging cell was converted to a dormitory to house federal inmates only. One dormitory is currently housing female inmates while the other is used as needed for Pay -to -Stay housing. Each dormitory contains portable chairs instead of fixed seats, stack -a -beds are available to house overflow INS prisoners overnight versus having them remain in the booking Area. Each dormitory has a multi -toilet room near the back and is connected to the emergency center. To keep the males and females separate, there are large curtains used to cover dormitory windows. In-person visitation is not available for inmates housed in this area of the facility. Video terminals are provided for video visitation. Additionally, there are seven pods that each contain 32 double -occupancy cells located on the third- and fourth -floors. Additionally, there are two pods each containing 16 single cells for the administrative segregation (Ad Seg) and disciplinary isolation populations on the fourth -floor. Other than unit 4C as it is adjacent to the Ad Seg unit, each unit has shared walls that can be retracted (roll -up into ceiling) and Appendix 8. 65A-179 pocket doors that allow staff to join the two housing areas. This is used during lockdown periods to allow for reduced staffing. This configuration has also been successfully used in the past to create one large female housing unit. Each unit has a dayroom, three TVs, a book cart, an attached quasi -outdoor recreation yard, two showers on each level, a hot water sink, cabinets, and one small classroom / multipurpose room with locking cabinets. There is also a locked staff restroom and small closet. There are currently six phones in each unit, but the system is capable of handling up to ten phones. There are three social visiting areas / stalls per unit on the mezzanine level in pods 4A and 4B. Pod 4C's visitation area has two open and one secure cubicle with pass-through port on the mezzanine level. The third- and fourth -floor layouts are the same other than paint colors. They are double the height of the lower floors because they contain a mezzanine level. The fourth -floor housing units have skylights that allow for a great deal of natural light. These general population housing units have two communication rooms and two offices on the mezzanine level. One of the offices is utilized for teacher / volunteer preparation and materials storage for programs and classes offered in the small classrooms inside the housing unit. The two Ad Seg pods are each comprised of 16 single -occupancy cells and are located in units 4D and 4E. It is the same footprint as the other housing units in the facility. While the rest of the fixtures in the facility are porcelain, these units have stainless steel combo units. Each cell door has food pass-throughs for the safety of both the inmate and the facility staff. There is one shower on each level within each Ad Seg dayroom space that has slatted doors for limited privacy and allows some visibility for monitoring. There is one phone per pod and books available for inmate use. Visitation is available on the mezzanine level like the other housing units, but inmates are escorted instead of moving freely and are a lot more isolated. This area is monitored by direct supervision from the Ad Seg special management module that is staffed with two officers at all times. The transfer office is located within the housing unit area of the facility. One officer is assigned per shift, with other escort officers used as needed. The space is adequate for current needs. The total space allocated to the Housing/Dayroom function is 58,977 square feet. Observations and Evaluations - Consultant Evaluation Rating: 2.6 Very Adequate • The housing dayrooms, due to their size and configuration, are not well suited for physical activities when facility is at capacity. • Two of the 32 roll up doors between housing units have broken over the years. While in good working order, the motors are in a soffit and difficult to access. • The tile in the housing units is in good condition, however the carpet shows signs of wear and should be cleaned. • Ad Seg inmates must pass through the Ad Seg special management module to exit the housing unit. This creates a potential safety risk for staff. • The control panel has failed several times, leaving one side of the Ad Seg unit temporarily unsecured. • The original casework in the Ad Seg management module was replaced after five to six years. The management module currently has stainless steel cabinets that are approximately fifteen years old but are still in good condition. • Housing Unit 4C has water stains on the ceiling at mezzanine level Appendix B. 65A-180 • Dayrooms have one restroom designated with an ADA sign, but are not ADA compliant. They lack a raised toilet, handrail, and adequate space. Sinks and toilets in all but the two Ad Seg pods are porcelain. Cell doors in general population housing units are made of wood. ADA Cell With Toilet Riser Housing Unit Janitorial Storage Administrative Segregation Control Room Dayroom Showers, including ADA Administrative Segregation Housing Unit 65A-181 Roll Up Doors Between Units Appendix B. Wood Cell Doors in Housing Units Mezzanine Visitation /First -Tier Teacher Office Double Cell Dormitory Housing on First Floor referred to as a "keyless" system. Transfer Office Circulation - exists in all facilities. It is this space that allows a person to move from one FUA to another. In public circulation, anyone has access until encountering a locked door. Private circulation is maintained for Jail personnel or selected individuals. This circulation is usually controlled by locked doors and special keys or card locks. In some cases, I.D. badges and visitor passes may be required. In secure circulation, all access is verified and controlled through the use of cameras and intercoms. Doors are electronically opened after satisfactory verification of the person(s) requesting passage. Some areas will require an escort. I.D. badges are usually required. This is 65A-182 Appendix & Standards - Title 15 does not address circulation. EXISTING CONDITIONS AT THE SANTA ANA CITY JAIL FACILITY There are five elevators within the facility — three are for inmate movement only, and two are for staff only. All elevators are controlled by card access and intercoms. After a leak in the basement, a large area of tile had to be removed. The City chose not to replace them as they are in a non -travel area used for emergency egress only. Path of travel is marked with caution tape avoiding any of the missing tiles. There is a tunnel that runs through the basement that connects the Santa Ana Jail and the adjacent Police Department. Numbers on the wall mark camera locations should an officer need to call for backup while in the tunnel. Sallyport at end of tunnel leads to the Police Department. Santa Ana Jail can use the speaker to contact the Police Department, but does not have access to open the sallyport doors from their side. The tunnel is used approximately four times per day to transport inmates from the Santa Ana Jail to the Police Department next door. Very rarely is the tunnel is used to transfer inmates from the Police Department to the Santa Ana Jail on federal charges. Inmate transport through the tunnel requires two officer escorts. Per PBNBS rules for ICE, the Police Department cannot process more than two inmates at a time. If that rule changes with the cancellation of the ICE contract, the Police Department can process as many inmates as will fit on the Intake bench at one time. The space allocated to circulation is 16,828 square feet. Observations and Evaluations - Consultant Evaluation Rating: 2.4 Adequate • There is original flooring throughout the facility and most of it is in good condition. Inmates clean and wax floors on a regular basis. • Items stored in corridors pose a hazard and should be moved elsewhere. • Basement has magnetic doors into corridor. • Flap doors on gun lockers in corridor pose potential safety risk and should be replaced with sliding doors. • There are several wall cracks throughout the length of the basement tunnel that have been repaired but not repainted. Since being repaired, the cracks have not continued to spread. Flap Doors on Gun Lockers Pose Safety Risk Staff Elevators & Items Stored in Corridors Appendix B. 65A-183 Inmate Elevators Path of Travel Demarcation Debris Piles in Tunnel Missing Tile and Overflow Storage Tunnel to Orange County Sheriffs Dept. Intake Release Center Patched Cracks in Tunnel Walls Outdoor Exercise - The outdoor area is where inmates exercise large muscle groups through sports, games, and physical exercise. The yard should be large enough for structured as well as non -structured exercise for all the inhabitants of the Jail. Attention must be given to security, contraband control, and supervision of the inmates. The exercise yard is also a management tool, helping inmates release stored energy. This time allows the inmates to deplete this energy and lessen "discipline problems" in the Jail. In geographical areas of the state where outdoor exercise is curtailed due to weather conditions, an indoor or quasi -outdoor exercise area is usually provided by counties. 65A-184 Appendix & Standards - Title 15 specifies the frequency, duration, and the type of exercise required. Title 24 specifies the size requirements of the exercise yard. As indicated in Title 15, exercise is required everyday. Thus, an indoor area will satisfy part of these requirements during inclimate weather. EXISTING CONDITIONS AT THE SANTA ANA CITY JAIL FACILITY Each housing unit on the 3rd and 4th floors (other than the Administrative Segregation units) have dedicated quasi -outdoor Recreation Yards. These yards are enclosed on all sides, have a partially screened roof, and fire egress doors. All portions of each yard are paved. The space allocation for this function is 7,930 square feet. Observations and Evaluations - Consultant Evaluation Rating. 2.7 Very Adequate • The number of recreation yards is adequate to meet facility needs. Each recreation yard contains two drinking fountains including one that is ADA compliant. The partially screened roof allows for use even in inclement weather. • Each recreation yard contains varying exercise equipment for inmate use. There is some pneumatic equipment in storage that was previously used for the female housing unit prior to its vacancy. • Inmates in the administrative segregation unit do not have access to a recreation yard and utilize their dayroom instead. Screened Root Covering Exercise Equipment Dual Drinking Fountains 65A-185 Exercise Equipment Appendix B. Vehicle Sallyport - This space serves as a secure area where officers can transition arrestees from an automobile to the Jail for booking. This space is typically covered and large enough for one or two vehicles. The officer can extract the arrestee from the vehicle with minimized flight risk. The officer locks his or her gun in the trunk of the automobile or in a locker provided in the sallyport. This space can contain an area for the officer to complete reports and summon a Jail attendant for entrance into the facility. The vehicle sallyport can be totally enclosed with solid walls and a security garage door or semi -enclosed with fencing and a fenced gate. STANDARDS - None. EXISTING CONDITIONS AT THE SANTA ANA CITY JAIL FACILITY The existing vehicle sallyport provides adequate security, and can serve multiple vehicles at a time. There are eleven parking spaces, with adequate space for three buses, as well as a small staff Bar-B-BQ area. The sallyport gates can be operated by central control or manually by officers, if needed. The space for this function is 10,487 square feet. Observations and Evaluations - Consultant Evaluation Rating: 2.8 Very Adequate • Size of the vehicle sallyport is very adequate to meets the Jail's needs. • The vehicle sallyport gates break several times a year and are out of service for up to two days at a time. The original hydraulic system is usually the root of the problem. • Maintenance has requested two new operators for the gates at a cost of approximately $20,000 - $30,000 each, but have not received them. • Each main travel bar has been broken and had to be rewelded, leaving it out of service for approximately one week. • Even though gun lockers are mainly used for officers' cell phones, they should be replaced with sliding doors as flaps are a major safety issue. • The sallyport's open roof does little during inclement weather to keep officer and arrestee dry during transitioning. Appendix B. 65A-186 Opening of Vehicle Sallyport Gates Gun Lockers With Flap Openings Closed Vehicle Sallyport Gates 65A-187 Gate Mechanisms Need Replacing Appendix B. Attachment 1. Santa Ana City Jail Facility Functional Use Area Definitions Santa Ana City Jail Reuse Feasibility Study Appendix & 65A-188 Santa Ana Functional Use Area City Jail Definitions INCLUDES EXCLUDES INTERIOR FUNCTIONAL 1. Administration Area: Administration Functions: Administrative Offices Intake/Booking Offices Training Room(s)' Lobby, except for a lobby used specifically for Staff Lounge administration only Staff Locker Rooms Public Toilets Staff Lunch Room Intake/Release Records Staff Restrooms Staff Exercise Room Conference Room(s) Records (other than Intake/Release Records) Interview 2. Visiting/Lobby & Public Area: Inmate Visiting: Contact Visiting Rooms Central Control Non -Contact Visiting Rooms Main Lobby (if used for more than Pre- and Attorney Visiting/Interview Rooms Post -Visiting) Family Reunification Contact Visiting (Court-ordered / CPS) Video Visitation Kiosks (if in a dedicated Visiting area) Visiting Lobby (if there is a Lobby specifically for Visiting) Holding Rooms (used for staging of detainees for or from Visiting) Restrooms just for Visiting Staff areas within Visiting including Visiting Control Room Vending Machine area (if just for Visiting) Child Care Area(s) Lobby & Public Areas: Main Public Lobby Visiting Areas Public Restrooms Visiting Lobby (if there is a Lobby just for Public Entrance Visiting) Vending Machine Area if for Public and is Accessible from Lobby Video Visitation Kiosks if in Public Lobb These spaces, as well as others, may not be included in all jail facilities. They also can also be in a separate part of the jail, not adjacent to the other administration areas Appendix B. 65A-189 Santa Ana City Jail Functional Use Area Definitions INCLUDES EXCLUDES 3. Food Service Area: Kitchen Staff Dining Food Storage Areas Dayrooms (even if Dining takes place there) Food Preparation Areas Loading Dock (outside of building perimeter) Food Staging Areas Loading Dock (that is part inside of building Dining Rooms for inmates that are separate Perimeter used by other components) from Dayrooms Bakery Loading Dock/Receiving Area (that part of it primarily for Food Service it within building perimeter) Restrooms just for Food Service Cart Storage Garbage Storage 4. Central Control: Central Control Room Control Room(s) in Housing Areas, Booking or Restroom (if just for Central Control) other areas that do not monitor doors, fire Sall ort if justfor Central Control and safety systems for most ofthe'ail facilit 5. Maintenance/Storage/Mechanical/Electrical: Large HVAC Chase that serves more than Receiving Areas (for specific area only) one space (i.e., kitchen) Janitor Closets used by multiple components Pipe Chases Telephone Terminal, Area Janitor Closets for particular components Mechanical Areas which serve more than one (e.g., a Janitor Closet in Housing is part of space Housing) Electrical Areas which serve more than one Garbage/Trash Storage for a particular space space Specific HVAC chases that serve an area Central Trash Area within building (i.e., housing) General Storage Maintenance Shops Maintenance Office Maintenance Storage General Receiving Communication Equipment Rooms Elevator Equipment Room 6. Laundry: Washing Areas (even if within Housing Area- Inmate Property Storage Subtract from Housing and count as Inmate Personal Clothing Storage Laundry) Drying Areas (even if within Housing Area - Subtract from Housing and count as Laundry) Folding. Areas Appendix B. 65A-190 Santa Ana City Jail Functional Use Area Definitions INCLUDES EXCLUDES Laundry (continued): Mending Areas Clean Storage of Laundry Areas Dirty Laundry Area Delivery/Staging of Laundry Area Cart Storage Area Dry Cleaning Area Restrooms just for Laundry Laundry facilities throughout facility i.e., female housing Laund 7. Intake Processing Area/Release: Inmate Processing Area/Booking Area. Courtrooms Booking Control Room Judges Areas Photo Area Court Clerk Areas I. D. Area Other Court-associated Areas Holding Cells Medical Areas (used by all inmates or just staff) Safety Cells in Intake/Release Attorney Interview Rooms Drunk/Detox Cells Vehicle Sallyport (for drop-off/pick-up Hearing Rooms of inmates) Phone Areas Safety Cells in Housing and Medical Areas Release and Detainee Processing/ Waiting Lobbies Intake/Release Records Intake/Release Administration Offices Interview Rooms Medical Areas just for Intake Examinations (within Intake Area) Other Transportation/Staging Areas (to Courts and other detention facilities) Restrooms (staff and inmates) for use in Intake/Release Line-up in Intake/Release Inmate Property Storage 8. Medical/Mental Health/Dental Care: Medical Offices Housing Modules (for longer-term care of Medical Waiting Areas mentally ill or adults with physical disabilities Short-term Patient Rooms/Infirmary that require separation from general Psychiatrist/Psychologist Offices and population, but not constant care, Counseling Rooms included in Housing) Medical Storage Ambulance Dock (if outside of the building Pharmacy and Medicine Distribution perimeter) Ambulance Dock (if within building, perimeter) Officers Station/Control Room (if just for Medical) Emergency Rooms Treatment Rooms Exam Rooms Appendix B. 65A-191 t-unctional Ise AreWlIetinitions INCLUDES Medical/Mental Health/Dental Care (con't): Restrooms, Showers (just for Medical) Exam Rooms in Housing Dental Examination Room Interview EXCLUDES 9. Classrooms and Program Space: Education Programs: Dayrooms Academic Classrooms Indoor Recreation Areas (unless truly Vocational Classrooms/Shops/Industries/ Multipurpose) Factories Outdoor Recreation Areas Offices for Instructors Visiting Areas Inmate Library: Psychologist/Psychiatrist Offices General Library Furlough Housing Areas Office for Library Outdoor Recreation Areas Storage Room for Library Visiting Areas Religious Services: Psychologist/Psychiatrist Offices Chapel/Religious Meeting Rooms Multipurpose Rooms that are used for Indoor Chaplains Offices Exercise 75% or more of the time should count Treatment Programs: as Indoor Exercise Area, Multipurpose is, Interview/Counseling Rooms likely, mostly used for Indoor Exercise) Group/Treatment Program Rooms True Multipurpose Rooms (not Dayrooms) Volunteer Offices Barber/Beauty Shops Commissary/Inmate Store Mail/Package Areas Furlough Administration Areas 10: Housing/Dayrooms: Cells Recreation Areas and other program areas Dormitories that are adjacent or within Housing (always Dayrooms count Recreation Programs as Programs) Showers, Toilets, Sinks in Housing Areas Drunk/Detox Cells (in Intake/Release) Control Rooms for Housing only Work/Educational Furlough Administration Area Staff Areas for Housing only (put in programs) Sallyport/Circulation for Housing only Medical in Housing Disciplinary Cells Mental Health Treatment Program Rooms Mental Health Housing Units/Modules Tele-med Rooms (May be included in #9 depending on Tele -psych Rooms type/intensity of treatment program) Work/Educational Furlough Housing Areas Inmate Housing Areas All other Housing Areas Janitor Closets in Housing Trash Storage in Housing Mechanical/Electrical Rooms for Housing only Appendix B. 65A-192 Appendix B. 65A-193 Functional Area Netinitions EXCLUDES 11. Interior Circulation: General Circulation Corridors and Hallways Corridors or Hallways that provide circulation (between functional use areas) within a functional use area (e.g. within Housing Tunnel between buildings Units, within Intake/Release) Elevators Lobbies Escalators Mezzanine Vestibules Balcony EXTERIOR FUNCTIONAL 12. Vehicle Sallyport Exterior Sallyport (walls or fenced enclosure, roof/mesh covering or open to sky) Interior Sallyport (within building perimeter, direct access for vehicles) 13. Quasi -Outdoor Recreation Recreation area that is partially enclosed Interior, fully -enclosed gymnasium (walls or fenced enclosure, roof/mesh Exterior, fully -open recreation yard covering on all or part of recreation area. % Quasi -Outdoor Circulation Covered, semi -enclosed pathway between Sidewalks buildings or exterior areas. Roads NON-JAILFUNCTIONAL 15. Non -Jail Administration Sheriffs Administration Work areas, briefing rooms, training rooms, If work areas, briefing rooms, training rooms, break rooms and'locker rooms for Patrol break rooms and locker rooms are shared Officers exclusively or more than 75%. equally between Jail Staff and Patrol, the space Dispatch may be split between Non -Jail Administration 911 Call Center (15) and Jail Administration (1). Evidence Storage Coroner/Morgue Facilities Appendix B. 65A-193 Attachment 2. Facility Evaluation Survey Santa Ana City Jail Reuse Feasibility Study Appendix B. 65A-194 Santa Ana City Jail Facility Survey 1 Evaluation General Physical Plant Characteristics County Location Facility Name Type (BSCC, DJJ, Etc.) Date Built Total GSF No. Buildings No. Floors (Ea. Bldg.) Facility/Building Configuration Construction Type: Floors Exterior Walls Interior Walls Roof Exterior Skin: Walls Roof Utilities: Electric Service Gas Water: Utility On -Site Well Sanitary Sewer: Utility Septic System Holding System HVAC: Air Conditioning Evaporative Cooling Lighting Systems: Interior Exterior Special Conveying Systems: Elevator(s) No. Stops Escalator(s) No. Stops Dumbwaiter(s) Stops Emergency Systems: Fire Sprinklers Fire Alarms Smoke Detectors Smoke Purge System Emergency Lights Emergency Generator Exit Lights Fire Monitoring Station Fire Audio Phone Station Remodel/Addition: 1)Date Description 2) Date Description 3) Date Description 4) Date Description 5) Date Description 6) Date Description Completed by: Name/Title Date Appendix B. 65A-195 Santa Ana City Jail Facility Survey and Evaluation 0©©0©DDDOmm®®m®mm Adjacencies Air Circulation Ventilation Toilet Partitions Water Heater Drinking Fountain Appendix B. 65A-196 Santa Ana City Jail Facility Survey and Evaluation 0©©0©DDDOmm®®�®mm Ness to Talk Appendix B. 65A-197 Santa Ana City Jail Facility Survey and Evaluation • Doors Width Mgo Restroom Facilities Toilet Stall Water Fountain Recreational Facilities Emergency Exits Classroom Furniture Wall Finish Floors Covering Appendix B. 65A-198 Standards / Capacity Functional Min - Space Square FOOL Per Use Areas Standards ADP Rated Separation FUA 1. Admin/Staff 2. Public Area 3. Visiting 4. Central Control 5. Maint/Sto/Utilit 6. Food Service 7. Laundry S. Intake/Release 9. Medical/Mental 10. Program 11. Housin a oom -12. Indoor Recreation 13. Outdoor Exercise 14. Circulation - 15. Vehicle Sall ort 16. Classroom 17. Libr Comments: 65A-199 Appendix B. Notes / Comments Completed By: Name/Title Date Appendix B. 65A-200 Basic Building Floor Plan Sketch and Drawing Appendix B. 65A-201 Appendix C. Comparison of Prior Jail Staffing Levels With Proposed Temporary Jail Holding Facility Reuse Option Santa Ana City Jail Reuse Feasibility Study 65A-202 65A-203 Appendix C. .;o E I Iv I ¢ 4g9� a!d eee'o55ooJ Iolyy°! g L.,eg IE qO�E � 1 �- s 49 ysSEs �mnvim til E S 8:C :1r 9iFF F E 2° aE Z E'�x»m°� 9IO leu n.X IkkGl6 JE O 80V 2 g e 222Ege sees F',e0002222O22g 00x0 Of- i 'P 1; t@ cccEw'9- a'cee>ye � E rf _ a=_ °- 3; 8 88 X8, ��j ub oco 03ou 1 �„ ,.9� X999 IV r�i sd 5S 22m L e a E p5c�$AE'i GGni 2 C c m $ 99 " v a E Y - P a e i i' E✓ i Pp Pp c L w Y L 999j�5!5�3 �anrvm 2.aiv 4'_ i9i 9L L �ce 9gf+fl x°IfI z°ESSSmm?Sx it E Yo� lIS�L Jy1JJ JJJj 05Y' .6 SEJ d06�i 0J0J�o52 Ooo' 0- e.a 4o LJ5� GJaGe Gu nag 9 u 91 a3aaa19 i it� EE �yy £ N`p 4 eti'A- 'n �o5�x4„ uE`e `eiE cE.g£y, S�ca zi �" ��%a£2=� Qi uiiimlIl``»Ilion Cmm mg9>>�s soo �iiii g`F F9z°Fs�li1�f 91S�m fax s88 0� 65A-203 Appendix C. Appendix D. Comparison of Prior Jail Expenditures and Revenue Cost Analysis Trends With Proposed Temporary Jail Holding Facility Reuse Option Santa Ana City Jail Reuse Feasibility Study 65A-204 Comparison of Prior Jail Expenditures and Revenue Cost Analysis Trends With Proposed Temporary Jail Holding Facility Reuse Option FY 2016-17 FY 2016-17 1 FY 2017-18 I FY 2017-18 With Hbusing W Housing With I -busing W Housing F)penditures FY 2015-16 FY 2016-17 No ICE (Holding Facility No ICE (Folding Facility Personnel: General Fund Allocation $ 12,381,084 $ 14,166,865 $ 12,539,412 $ 7,212,870 $ 12,829,393 $ 7,704,989 Contractural General Fund Allocation $ 3,139,518 $ 2,895,420 $ 2,381,030 $ 80,000 $ 2,706,005 $ 80,000 Building Maintence Staff $ 263,623 $ 301,267 $ 301,267 $ 301,267 $ 338,911 $ 301,267 Building Maintence Contracts $ 399,286 $ 362,966 $ 362,966 $ 362,966 $ 362,966 $ 362,966 Utilities $ 300,347 $ 269,903 $ 188,932 $ 53,980 $ 269,903 $ 53,980 Telephones $ 29,779 $ 29,779 $ 28,633 $ 25,961 $ 25,961 $ 25,961 Liability Insurance $ 20,515 $ 22,794 $ 22,794 $ 22,794 $ 22,794 $ 22,794 Subtotal $ 4,153,068 $ 3,882,129 $ 3,285, 622 $ 846,968 $ 3,726,540 $ 846,968 Commoddes: General Fund Allocation $ 339,537 $ 267,840 $ 169,332 $ 57,570 $ 267,226 $ 57,570 Uniforms $ 24,528 $ 24,528 $ 17,415 $ 10,792 $ 17,415 $ 10,792 Employee Parking $ 62,400 $ 62,400 $ 44,304 $ 27,456 $ 44,304 $ 27,456 Subtotal $ 426,465 $ 354,768 $ 231,051 $ 95,818 $ 328,945 $ 95,818 Fixed Charges General Fund Allocation $ 28,968 $ 29,820 $ 22,804 $ 22,804 $ 37,990 $ 22,804 TOTAL EXPENDITURES (GF and Other Sources) $ 16,989,585 $ 18,433,582 $ 16,078,889 $ 8,178,461 $ 16,922,838 $ 8,670,580 Revenues: Inmate Housing $ 12,472,357 $ 15,980,000 $ 5,042,064 $ - $ 4,689,666 $ - JailKitchenRental $ ' 31,489 $ 33,000 $ 33,000 $ - $ 25,000 $ - Jail Booking Fees $ 18,152 $ 50,000 $ 50,000 $ 50,000 $ 18,000 $ 50,000 Jail Pay to Stay $ 48,480 $ 50,000 $ 50,000 $ - $ 130,000 $ Appendix D. 65A-205 Appendix E. Santa Ana City Jail Reuse Options Detailed Construction and Project Cost Estimates Santa Ana City Jail Reuse Feasibility Study 65A-206 i Project: Santa Ana Jail Reuse Title: Budget Estimate Date: June 12, 2018 CSI Description Re-entry Data Center Homeless Center Office Space 2 Existing Conditions $368,956 $372,736 $609,031 $1,055,237 3 Concrete $16,913 $0 SO $0 4 Mason $0 $0 so $0 5 Metals $79,950 $155,390 $12,300 $41,000 6 Wood, Plastics & Composites $20,500 $49,856 $20,500 $709,153 7 Thermal & Moisture Protection $83,2921 $24,764 $0 $27,552 8 Openings $10,250 $0 $0 $196,800 9 Finishes S553,348 $216,661 $297,916 $2,348,572 10 Specialties $0 $0 $0 $0 11 Equipment $10,250 $401,800 $10,250 $2,988,254 12 Furnishings $0 $0 so $0 13 Special Construction $46,740 $46,740 $909,616 $116,850 14 Conveying Systems s0 $0 $0 $153,750 21 Fire Suppression $73,800 $436,240 $0 $0 22 Plumbing $14,350 s0 $0 $122,051 23 HVAC $44,075 $1,111,100 $0 $232,596 26 Electrical $183,299 $3,585,860 $201,586 $1,627,463 27 Communications $44,075 $629,350 $7,688 $1,663,221 28 Electronic Safety and Security $43,050 $119,392 $133,117 $199,787 Subtotal $1,592,847 $7,149,890 $2,202,003 $11,482,287 General Contractor Job Overt 10.00% $159,285 $714,989 $220,2001 $1,148;229 General Contractor Markup 5.00% $87,607 $393,244 $121.1101 $631,526 General Contractor Bond 2.25% $41,394 $185,808 $57,2251 $298,396 Design Contingency 20.00% $376,227 $1,688,786 $520,108 $2,712,088 Markel Factor 4.00% $90,294 $405,309 $124,826 $650,901 Construction Cost - June 2018 $2.348.000. $10.538.000 $3 245 000 $16,92-3,00-0- 16923 000Escalation EscalationNIC 0.00°/a $0 $0 $0 $0 Total Construction Cost $2,348,0001 $10,538,000 $3,245,000 $16923000 Assumed existing fire life safety systems of the 1st and 2nd levels are in working conditions and does not require repair / replace / upgrade. The existing floor slabs on the 3rd & 4th floor could requires structural upgrade for the weight of the data rack systems which will have significant cost impact Assumed existing building will meet the current codes and does not requires code upgrade Site work costs (if any) are not included. While allowances for the cost of data racks are included, the cost of data equipment and associated peripherals are'NOT included. Appendix E. 65A-207 ® Plolml: Sante Am Jai Reum. TNN: Bud6albM1mts Deu:.lu. 12. M5 TRADE DESCRPTON QTY UNIT UNIT COST RNa0ty Dao GMel Hamlass W.. Spa. 02410 OEMOUTION 0241m R 0m m 0 s0 No 024100 Ckm mdle eel M..l d... Ib .br mnMalwwM 2% .11 53250 35T,723 SO SO SO 02410 Ckm MM fix vW ewmeavm l Jam 1e ww as nead .allowance W.S]T Nf $1.0 530.015 SO SO W 02110 Ckm NMfia•.-•6orhe8ku arca3pM/wnJW es waded-1AowUxN 9.9000 55.13 SWIM SO W W 0410 Re ois N eentm 12.IWNf 6128 115.6" SO SO W 02410 SO.m 50 SO s0 S9 024100 Om Ca So.00 SO SO '30 0 0410 Remowem0eln mCentm 121Waf 6129 0 S15.Wo 60 SO 02410 a Ckm"ra ma l Jeerl window Na mca -Mbwmw 12.1061 $2.58 So 331.10 90 SO 041W A4wawabrmbc, 12.10r 9305 0 321.9" SO SO 02410 SOW SO SO SO SO 0110 Hovl sas Csser 90.0 " 0 s0 So 02410 Ckm aMfic wO nln'Rraa needed -v .lmsa mminalww8 2%w1 910.0 SO SO $26940 SO 0410 Remmaw n om cenlen 12.1061 9128 SO W 519580 SO 02110 CkmaMN area/domlw5alawesneeGd-alOwm Wmh almw 50531 sr s1.0 W " Wl,ms SO 02410 Ckm 6290 0veN /dwflsaMaw bCwwdle aeift amwr 10.401`61 NOW W SO 5211981 W 0241W Ckm tlbf00d svM 6k m/door lwfidawas Waded -SA Ncs SOW., 55.13 " So $50338 W 02410 Remaw l Aka6 be mel w0 dmm lka a M.0 $2'3.25 0 SO 585.00 0 0410 Som 0 " SO " 02410 01115 0w W W s0 W 02410 CIem@Wbcv1bk /door 17.9".1 ST.89 0 W 50 SUIT,= 02410 Remme m eo wn! 121061$1,20 Sol SO W 315.00 02410 Ckmmdh ossa/door/wbdpw-Yawmce 59.53T6f 92.0 0 SO So sfumA 02410 Ckm 6016land semce 616 SealNorlsMOw Bl nwdeU-6Aowmce 8.901 sf SI925 So W $0 SI01,475 0241W Som So So so S0 _ 0241W Som SO So so 0 02410 02410 DEMOUTIGN "An Cs5F .9050 5154,091 111,668. 34SIIB6 ...'N0,321 02020 ASSESTOSASATEMENT 02020 R f0.W So s0 SO So WIN" Atamned WA Spm SD Sol SO SO 02020 WN W s0 30 0 00820 OS, C. "W SO So so SO 02 W 20 Assumed WA Sam SO 50 so 0 02 W" - Wm W 0 W 0 02020 N>aebe CUM So IN Sl So so 50 02 W20 AlaemWIVA 0.m SO SO $0 W 02 W 20 0.DO W so to so OWN QR S SO W 0 SO SO W 020820 Am-WWA WW SO " W 0 005" W.m W s0 s0 SO O2 W 20 0203" ASOESTOS ABATEMENT -' - - --_ - DSF "' '$p.m ': SO s0 s0 W O woo FQUNDATIONCCNCRETE 03300 WA "W SO So SO W 03300 SOM 0 so s0. 0 O3MW "W W SO W 0 0350 W 03300 FOUNOATONCONCRETE -. ._ GSF' _ "m -0 --.50 - s0 - W 0Wm ONGRAVEBEL ATEDSIAS.CONCRETE 03300 A 0W 0 s0 S0 So 03mm T aYS owrmelN dvckal2 emrcke Sda on tlw 7b Bmr 22Wsi RAS 516913 W SO m 03 W W "W W s0 W W 03mm p CUM mm 30 so s0 50 03MW WA WAN " s0 s0 0 03300) WIN SO s0 0 So WWm H..C. OW Sol NI s0 W 03300 WA "m W s0 0 0 WNW Som W s0 30 W 033000 omws5 sow W S0 s0 W 03300 WA WO0 W SO SO W WNW W W.IN W so SO 0 mmm 5000 0 -SO SO 0 03300 ".W W s0 - So 0 WNW ,0000 ON ORADESESEVATED SIABOCONCRETE- - _ F F 0.10 516,513 - 40 SO .1 03Wm CONCRETEEXTESWRW WWW WA SOW 0 SO s0 W WWW Woo W So W W WNW Sam W 10 W W WWW Appendix E.. 65A-208 (`f ®ftq*t Santa Ana Jaa Rauae Tib: 3.a0.1Emi w - - O.w: J.1220S TWE IDESCMVTION OTY ONR OMT COST w<1my O.bc.a , H..W.. C.nwr W. 6p... 033000 CONCR EEYTERIORW S _ _ - YASF. ,.soN SO - SO �. ,. W SO 031000 MISC.CONCRETE 033000 "R sow 0 SO SO SO 03MM WA W.m SO 30 SO W WOODS Som m so so SO Damm Gx. car sD.W W so so W ONO WA Som SO W so N mum low W So .SO m SOWN If®.ba COIOI SON SO . W so So 0330E WA SON SO I SO I so SO EMM Sow SO W so N "WN O0.b5 W.w W SO s0 W OWN WA Sam SO SO so SO 03MM sO.CO SO 50 W W 033000 60.00 SO 'W so SO 03300 Nw SO SO SO W mww _"3000 M13O.CONCRETE - _GSF- " .20.50 ._ _ SO '10 W SO "x00 WA ON W W so . 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SO W "s0 !0 "6000 MISC.METXS _ now $ON W SO so SO 05WW Abwanc0 s>s0ucbral ebm/m.al Ovckromxlwaxn¢rcl:. fon 300 naor 1300.1 3563! 361.650 a0 s0 so 055000 Sow - SO so $O SO 055000 SON W SO s0 SO 0550E lbw CM SO DO, W so W SO 055000 AOoxvmeh Iwn.O FWr.r6r0Ya rx1A 1210.1 $10.25 W !124640 so W 05MM aOWNM t0m0lmOr 1,2000 SISm W SI8,150 So SO allow sow so 30 so W OS W OO SON W so W SO "WN WA SON So $a W SO OS 50 W SON So $O so SO OSWm Of5-s SON So I Sol s0 W 05 W W WA SO DO So So s0 W 055000 0000 W W SO SO 055000 WW W SO 50 W OWN SO.0 W M W W 0550E "No' mw.Mlff l _ GSE 3115 .167.850 . 1152030 0 .0 Oslo STEEL STMS 05100 WGo So W W SO 05100 P3tr«.ncemYl6 I) emna pa naeaea a.s1 S15ax.W 512300 SO W W 0551E WM W So W so 051WO CN SON M W W W "5100 Alpnnce b'sO c1f '.leve-neeb0 Bsel 11."150 W s12,300 W 50 "SIM SON SO So W W 0510 Name' -s C.nfw' SON SO SO SO W "5100 Psmnncemivpecl/r fwva as neede0 ase! $1.537.50 W W 312.300 W 055100 SON W W 30 50 05510 038503 Saw So So So W 05510 P➢vwmcewnf 1 'lenlvn.. swim 6.0 s51x5.w SO N W Ulm 051W S0." So s0 SO W "510 SON so SO SO W 06100 05100 STIMSTl s I FLT - WAS !12305 sm" I slum S41AW DOWN - ROGGHCOApENTRY 051000 F Ww W SO So W NOW WA Wm SO SO W 50 061003 SON So $O s0 W 061000 NM W s0 So S0 061000 Dtl Cmbr SO UO N W s0 So 051000 Abvmce 12.160.f 8205 W s24.W6 So W 061000 WN W W 'W W N10W !!03.003 C. 5000 W So 'W W NIGH WA SOW W s0 $0 W Ntow Nm SO so S0 N Dillow OrtbB WN W so sD m NIUW AMarcael3Na4m0mr P,457.I - SI.03 I W sa sD 579.393 65A-209 Appendix E. Appendix E. 65A-210 Pr*ct: Salta Ana Jafl e 0 ® TM.: BOOpet E.B W - D.M:JW.1;Ala UNH TRADE OESCOPTION STY UMT COST Reumrl' Data C.IO.r H.rmle.. OR S, C.nhr OIDM ON 0EO 0 SO WON ON 0 30 SD O SCION 0.W SO Sol 0 0 %loW 08100 ROUGH CARPENTW 'FaSF $0.01 0 -614.828 0 nvo MAW FINISH CMPEWRY Is CASEl4ORI( M200 R 6000 So 'SO W SO MAW MMIm.Mmbe a.. - $x,58350 MOD 0 So 0 MAW ADO O 0 s0 O WAW .Ort Csm.r SON SO SO So SO WAW Atravc.bm0. f].1O at 3203 O 328,920 s0 0 WAW 000 0 0 SO SO W AW MunM-a C�mn OW SO s0 SO SO WAW A1vn.rs.l0r M.a 5 eme 32 50x.0 0 SO 320$0 O MAW ON O O 0 O WAW OI!!.3 OW 30 SO So SO WAW ICO rOCYmM tleego 21608 3205.0 SO so SO 353100 MAW M OaPSM4Nlmc. 2M p.H .3410.00 O s0 SO 6104.960 OAW 000 So O SO O WA0 O.W To $O 0 0 WAW SO W SO 30 SOR6629.70 WAW 000 O SO 0 MAW 50.0 So s0 SO W20W 000 50 0 So WAW , M20W FMMHCWEWRYBCASE M( OSi. "',55.13 _.120.50 121325 $201007 a1 W MREPRDOFMOO7 BI W R SON O s0 007510 bhu[NraLttelOwr3anmif. t. 2.AO.f 55.13 911175 SO 50SOAO O 0 0078100 O.MC.Rr 000 0 O 0 000 SO So SoW010 000 0 30 O 071110 xan C.M.r SO Sol Sa SO 0191 W WA ON TO SO SO O 0] a1 W MOO SO sD 0 SO 0)810 Om.6 MOD S0 SO SO 0 0]SIW WA 00 O 0 0 0 07010 MOO SO O O 0 07 St SO 010 SO 0 F] 0 07 el SO A.W O So so 0 0) 810 .01910 FFIEPROOFINO - SF ....18207 _.1611.x75 $O 'l. SO _ 0 0]840FlNESTOPPRIC Oi&W R OW So 1 0 O 075300 WA SON O 0 0 0 0] W W 0.00 O so SO SO D]&W Om Cawb 000 SO iso O So 07840 Amx.nee fermEnw0rkM ratre5oiu5M.c. 12.10.1 $1.03 0 31x461 O O OI BIW 00 O So O SO 01840 Mae.N-cwu 0.00 SO O 0 0 01 & W WA 30.0 O SO 0 0 01610 300 O SO so SO OTMOO 011k.y SON A so SO 30 WNW AOmven0eror OM weama 1].92081 91.% 0 SO SO O7.55i 07MM low O O - O 0 Oi 9400 MOD O 0 SO O 06400 sO.M 0 0 0 so 078400 '0540 FMESTOPPMO' - bF -3014 -sol slum " .Sogm 0700 MEMBRAIYEROOFMO&SNEETMET02 000 ON 0 SO SO 000 R S.MelmeW mmrt eaemhe 2100.1 30.75 Se7.M0 SO SO 07MM A0 W .nMma melts E mol 2010 :$1338 54.]8) 50 00100 000 O TO OO50W D.f.C.am. ON 0 So 0elc e153).50 O 91280 007WW So_W 0 0 00)500 Mw.N»C.rsti. OW 0 s0 s0000 0 SO 0O7 WSO 0M O SO 0 0)00 GIIxu9 .000 O O 0 O 000 WA O.M O 0 0 SO 07500 OM 0 0 wil O 00 So so 0 0 O60M 000 SO s0 $0 O of»W Appendix E. 65A-210 Frolw: Santa M. Jad R4vw Title: BW9e1 e4U.M TRADE DESCIUPTION DTY UNR UNR COST Re�nlsy Data Cemar NOnOtlm Centll ODm. 5Nn ' 085000. MFJIBRTNE ROOP8METMETAL "" 1. _RFSF ___.' _'30l0 _ IT;OIT ft;]00 .. SO '. 'f0 061000 NMNOORSIFPANESI NRDNR MMOD 081000 R "W ]0 50 $0 So 961000 New 042, Inm4eM M1.rSwerertdrvHerwWxN 4 e 53sum 610 50 $0 So 2 06 IOW "00 ao $0 " 2 OB 1000 D.Ia CSmmr MW SO S0 50 " 051000 WA WM 50 0 SO 50 081000 50.00 So 50 SO SO 081000 R .Av. C. So " SO 2 " 081000 WA W00 SO 1 $01 50 " 081000 No SO Sol 50 SO 081000 "011005 No So f0 50 2 OB 1000 0. 'el 1/ cM1 Sone nl Name M,.0 359 ceb S70.75 b " So 5196.800 081000 000 " so So 50 0low - WW W so so so UB 10 W ON SO SO W " 0810110 091000 . IMDDOORSIFHTaMESIHR - RFs 4133 119250 - 2 . - --2 C MAN 989000 LOUNERSANOYEMB OWN Som " SO " SO oamm 2W SO d0 SO SO OWN - WW SO $0 SO SO OWN ON W So so So OWN OWN LOUOERSMOPENTS DRB M.00 2 f0 50 '$0 09mW NTL STUDS I ORY LI PLASTER -INTERIOR WNL 09"00 R 'Sp Op Sp So So So WWW P4lnn WxM GnOnwxro N2 960.1 SmW 335.424 SO SO So 09"W lNStmwSwerweb N2 mx 8000 SW.75 324.800 SO SO SB 09"00 WW " ]O SO SO OWN O Cu W00 S0 30 So S0 OWN WA So.W W f0 2 SO 09"W ON SO S0 SO SO 09"00 Hnn. C.mu 50.00 W so " SO 09"00 WA 5000 W SO SO W DOWN 200 SO SO 0 " mmo0-OR S WW m I " $0 2 092000 A00fncwl mrxxrCMlaloxro.PaA1 9T.2830 51638 w so 2 $1.495.680 OWN 5000 " 0 f0 SO 09"00 2.00 SO 50 s0 So 09"W Sow SO 2 $0 SO 09"W 092000 MTLSTUDSIGRTPA[LIPLASTER-PITERIOR3IPLL __. SF `8934 30.024 _ 30 —Ni .NAO OWN RTLFRAMWGIOHS'SWLL-CEoMGS 09"W WA .WW m f0 " W OWN "00 " " SO W OWN OWN . MTLFRN6RIOIORTWALL.Cvmas'. _ - .SF -:SOHO So W 0 - So 095100 LEDWDIWOMISHEB _ 095100 R,, SON SO $0 $0 " 094100 ASltmw¢9n .couxbcalrtcawnl eumme 2,20.1 SSW 51602 30 So W 995100 P.OA ca rt 6fovtl orrice 9,9000 3205 Imm SO 30 SO 095100 2.W W " SO W 095100 Dm C. am So s0 I 2 So 095100 WA - 50.00 SO " I SO SO 095100. 2W SO W:I " S0 095100 /yvn.MU C.Rs .Som SO 30 30 So 09SiW Fam6Ce rt 6molx.r4ce 9.90041 :3205 SO SO SE0395 W 0951 W •,50.00 " 39 so So 0951 W oDk.9 W.00 " $0 so " 096100 Path E Ia0l nexm' rtcero 17.9".1 MIS " 50 " 391.850 "5100 POOmI lelalmwa 0l common em. 59.5]2x1 33.06 W " so 3183.015 MIN P4lc6a u dm44.emce 9,900 a/ 5205 0 W " S"2B5 W SIM .$000 " SO SO W 095100 095100 CE OMORWSHE5 -'. SF - mic :356,]]$ ..2 : _ S"395 -895311 ON" PNNT.GITEWOR NOW R ON W W 50 So WWW Ps"a E wmne..w.ex 4e kN.Soon..... 400 nce mf M8 81wwk n..e5T.1 $1.03 "I.M I f0 I $o SO 09W00 Pe1M6 EvoOa. cern .Wore _..Nle 6Acl.eMce 9,900.15298 525569 W 30 50 09 W N "W W So SO IS NOW Db. CSM 5040 " W SO SO NNW Pai.6pm5 E wa0.. .099n.._..mwanr4 mrmmetmlww 12,1600 31.54 I "I s14sm " SO OWN $a00 I SO I So d0 So Appendix E. 65A-211 I ® P7.jec1: Seta Ana Sa8 Robs. TNN: BW9.E.E t. Dabs 12,2013 TRADEDESCWPTION QTY UNR UNIT COST Reanbi Dib CD., Hump OERU Spu DOWN Han.lm CMn 50.00 0 Sol 0 0 OWN P, & Wl F w 9.c 49, Eoan,....3N S INRm.,mx.mo for m Ti,/03f Sim 0 0579.]= SO N90m P/KA a.9E E1 wu9.. m0n .Eaw..... NLa 6.200E ixlze-VERIFY 9,90,1 _ 42.0 SO SO BOOM SO OWN Sm Gv lJ br 1.I80a1. SON S0 SO I W SO 09909 909 SO 0 SO 0 m90m 06 S ON 0 SO 511 0 mMM PaWlA Exh. ,Coon,aA1 ¢cuatrN b_,cmnmonane 595]7 if E205 9] Sp SO S1 mt NNW SS.N 0 Sol 0 SO NNW 0.0 W SO SO SO NNW ON 0 SO SO 0 NNW ' 0900 PNM-IMEWOR GBF. MM .3101017 311.658. UK792 5122,051 OWN - QISC FLOOR KNISHES 097M Rrd, WN SO SO 14 W 09 970 CaN-WA W.m 0 80 SO 0 MOTm AW newlmav: Irtwa El comm.n wN maaaHE nrx w, 83,937,1 65.13 3327.877 SO 0 SO 097M P="r El INSmm800 /t4 afc.EatMw-/Mare fa m.urelxxa 9900 of SIDS W020 0 SO W M97M SOAP 0 0 0 S0 094700 OWCxer WAO 0 SO SO 0 m BTm liOEnnv Mem -,ah n.bl,ree IdvwaaW [Wn/runty;_ 13.390,E 31025 0 SMUO SO M 099700 Pa1N f.M.x Omen H2034dmmmm wa3mamEnclx 11.9070 55.13 S0 181025 50 0 09970 _ NO 0 0 83 SO 0997M Hamtlu, C. 5000 0 '0 SO SO 0997M Cel, -WA SOHO SO SO 1 SO SO M979 N n. lm- Ir 'a E commm wa-mn vnY 5907.1 52.56 S9 SO 31525& SS 097M Pata Iamww fimm dQ 81ooE.eacv-Umvuca fa mlm jwak 9,90,r SO.0 SO sc 520195 SO OWN SOW 0 Sol 0 SO MVW OT S 000 0 Sol s0 S0 "WN IEE nreVCT Au' al caA arta 17,9M.f W15 S] i2! SO SIMON 09700 AW nex4CT el commm wa H.537 if 15.13 SO SO 0 M.12T OBWN P.W Inn7Mom al &fmS,.mw-ebxnrie mr mN2ulvmr4 8M.1 5205 SO Sol SO 520,20 097M SON SO SDI SO SO 09 900 0000- mISCRMRMUSNES 3F - 56.88 530.272. $IUA0 '902 n 3155,9]0 111900 NMISHIND a EOUNHENT 1119W 'R Sam SO SO So 0 111900 mipGb.t boE mnic.abun med•abmnnmmrmb9na1 xvE1 Ib 510.250.00 5102M 50 SO SO 111900 SON SO SO S0 0 MSN 0.00 S0 0 SO SO II low DabC 6Om 0 0 SO 0 111900 AAowi'Kt fa Ed, M1CFa 1,0100 SWIM 0 8319000 SO 0 111800 AEE.00001 - YPelrenalMmmm.n weirc SEPTmEb0lN/tic eb MOWN 0 MQw, 50 0 11 Ism ON 0 0 30 0 tl 190 ft./ Cr.7 So OO SO SO SO SO 111900 rulmcl feel NUJ..& mem-vMancv mrmNmvlvmM 1U $10250.00 SO I 0 510250 SO 11 190 SON SO SO 50 0 11 19 W QH S SO DO SO SO 0 SO .111900 YRie 1.xE,amenxan awl,N.tn Rc.Cs 2% ft 57,02.0 0 0 0 3L9m.W0 II 1900 SVaM WOE..m,nvn9 .I, N.eb. Nea .bde6mq[. etmnmonw 59,0]il 31025 0 0 0 010351 1119M AW.. ItYleneI m c.mmon.r. n.N AEP I ...W e. SN SSL250.00 0 0 0 1410.000 11 low 000 SO 0 0 0 1119M SOM SO SS 50 m Mom -111900_-MM1SMGaEQUIVMT" _ BF. $2037 310250 "011 -SIDON $3.90.25{ 13300 SPECUd-STRVCTURE9 uum R 30.0 s0 0 so So 133000 AMxmnmmnapcllrt hlbdale NlAaracce0 mtkvimrb a.SN.f 510.25 ].6.710 so 0 0 133000 SON WI SS I SO 0 ISJON Sa.N Sol 0 s5 sO 1J JON D.lien 0.00 0 0 SO 0 13MM AEou31m3bbs the lladale 6nlMa/m., mebnmrm t .1 $10.25 0 346.740 SO S0 13MM 0.m so 0 0 SO 13UM Hand®Cvrrt/r 'SON 0 SO 30 0 13MM MTNrcebb cure 9IM1 xa9' -u/.: e6vam7 SMONb on br8mr 303350 $1025 So 0 3392121 0 13WW aEEw I..Evcm0 de havers, 1010.1 "IN 0 $0 N29W7 0 13WN aW IaB W/83as - IKannel 110. UM25 SO SO 518328 0 UNDO N.xance Vkv,arm IN 012500 0 SO 55.125 0 13WN Nrunw M6nil0.mJ ctla'emxe391 I wa 250. Ulm 0 SO 810350 0 13WN AbxmcN 6x7 .SMac.Nwa I .c,si ws It, 03 2500 0 0 $25625 0 13]000 AmE9M1rbiHM1 /EEn bumanllew N e..s w.•RenM1l .50.00 0 00 0 ,sum 000 0 0 0 0 OWN WWI Sol 5. 0 0 Appendix E. 65A-212 ® Rojed: Santa Ana Jag Reuse TWA: BWOALEAUrmm' Dam: Jun 12.NIS TRADE DESCRIPTION QTY UNIT UNIT COST W<0cq 0.N CadAr HaneNw Office spaceC.emr ISm00 Omee WOO W SO s0 50 13WO Am°SOwmim In 'e lm0ancA 6n15.er..,. tc. y !Ibb, 4,x0Af y563 SO SO SO 1110550 13MM 50.00 W m SO 50 13moo IS 10 W 0 W 133DW SON u u s0 W 13MW 13MM'SPECULSTRUOTURE9. 77.457 GSF 56.66 SAVO &WAS MINS19 1116.550 14"N ELEVATORS 112022 R WIN so W so W 142222 WA WIN "I SO 1 so W 142022 WW W W so W 142023 010 W W W W 142022 DAAQArwr $0.0 W W so W 140M WA Sow W W 10 W IAN" uW W W s0 50 142022 Nome arae C. Sow so W W 14 20 22 NA $ON W W W u 142022 SOW W W W SO 14N22 .OTB Space Sow W so W W 142022 AlmranwmM4w,1lrt 1.122 ebramn 61.1 W56NOO W So W S153,350 112022 110.00 W so W W 14NU WW W s0 so W 142022 W.Go So $01 W m 142022 142022 ELEVATORS_ ... _.` .. STOP. WA1 SO 'So :W -_ 1151I54 2110M WATER-0ASFD FIRE SUPPRESSION SYSTEMS 21 low R ON W $0 so W 211000 2NOAf $1025 522,5'4 s0 s0 u 21 loW AddMm.r,Gma,110 E A Mn.a wMmnSand AMnew IM N12m.00 551, m s0 so u 21 low WW W so so W 21 low WW W so W W 21 low 0. C. WW W s0 So W 21 low CM r°a. nd0 m.Ol SOS em rmwm psacOm 12.1600 SNOB W UM240 so W 21 low So.W so so 30 W 21 low SOW W so so TO 21 low H.&AmA cavae, W.cO So I up s0 W 21 low ayMemnc wenMwHpd1-VERFYIF REOURED WW SO SO W W 21 low AOdfmm .m actm(Elr km An caaMatan leaded• amn WW So s0 W W 21 low SON W S2 so W 21 tow Oft. WW W 6o W so 2110M WA-WRFY W.W W s0 W W 21 low WW W so sO W 21 low SON W so W W 21 low Low W So W W 21 low .21100. VJAIIER ASEDJ IESUPPRESSIONWSMNS 77.457 GBF 00.05 573.500 WS,2W W W 02 AT PLUMBING DEMOLITION 021100 -RA WW W so W W 0241 W WA SOW W 1 901 u W 034100 WW W so W W M 41 GO Dm cArm WW W so so W V 4 W WA W00 W $0 W W 01410 WW SO m W W MAIM 14aArtMS C4wae WW W s2 s2 W W4100 WA WW W SO W W MAIM WW W W W W MAIM ORbe Sow W so W W M41M Ren0.a !Oeg at me call cop pves 255,.6 $1,53100 W W W $193,600 024100 WW IS W W W M4IW 00.00 W W W W M41M WW W W W W MAIM M410 PLUMBING DEMOLITION "A"OSF 1134 -10 so _-' So "5293.500 2210 W PLUMBING utow R WW W SO SO u N to W WA So.w W W s0 W 221000 Sow W W W W 221000 5000 W so so W 221OW Dm CAme, No W W s2 W 221OW WA WN W W s0 So utow W.W W so W W 2210W Nemahmivc r W.W u so so W 2210M WA WW u s0 s0 W 121000 SOW W s0 SO W "low SO.W W SO W u 221000 010:As 0000 W so W W 22low NPveneEm Yu .rt ert vmman M,ommw An. 59.531 a1 '$2.05 SO W So 5111.051 221000 00.00 W 30 10 W ulow 00.00 W so so W 221000 Sow W s0 so so ulaw Appendix E. 65A-213 I i I Project: Smla Ana Jail Reuse TNe: BW9.t Es6001e Dab: Jura M 2010 TRAOE OESCR Tmm QTY UNIT UNIT COST R..m wl.csm.s Ramal.n Cem.r OR Syn .]Slab PLUMBING: - _- _ - _ _-_- _- BF - ...50.)3 SO $0 .. 10 :NLAsl MAIN PLUMBING -ROOF ORRNAGE "TOM R SON m so 0 b "7020 Abwarce madJ RDSOFD Yrnme mW Mcosv.tl eserrise ab 4YcmYn SMYTH S"A50 30 0 b N70M b.M 0 s0 0 b umm Ow Cear bb 0 to So b 22MM WA Som b 0 0 SO umm b.M b W 0 0 mmm N.-4 C. 50.00 SO s0 0 b ubm WA Som b I SO 1 0 0 ubm m0 b $0 'b - b 22bm ORlns So.m b $0 se SS "NON MA 0.00 SO 0 So b =TOM 2000 b s0 b SO 22MM EO.m 0 0 SO 0 unm sour b so $0 0 22MM 220M P=SWO'-ROOFURNNACE DRAW ,5003 .214150 $0 s0 of 024100 )VAC -DEMOLITION U41M R 0.00 b 0 0 b M4100 OUwnneUl E1tlNl.l HYOG. ems k+wuse0mee W2lg0oor ".lmar 65.13 $174.0 0 $0 0 U41 sow b s0 0 b U41M O4I Carr 30.00 0 I Sol so 0 024100 Diswmcll El dais/)VAC. mems Yr uwsetl arta Orv2kuN. 1377MM $120 b 1176.425 30 0 U41M Remonl ESutl.kry nbm 12.tW,f $1O.25 0 8124.640 30 b M 4100 m.m b $0 so 0 02410 Nme.I-.Cm '0.00 b s0 so '0 0241m DwmNeetle E We1.I INAD• lame mruM1efetl Am. 0T2M 0m, "120.1 0.13 b s0 -3174.065 0 024100 0.00 0 0 so 0 0241N Ortiw3 50.00 b s0 so 0 0241N M.I E Cuc1.I HVAC Iem. MueufeOUes of 200 Nor 34120.1 ISIS so s0 so 3174,865 M41M 0.0 0 s0 50 0 U41M WOO SG s0 s0 0 041 $040 to s0 s0 0 0241N 3D.N 0 30 so b N 410 02410 HVAC-DMOUTION - - AA37GSF .".01 -ilflem . WAS -15174Aa5 '21700 ""m RVC 23mm R 300 b 30 30 0 232000 Amtl mn Wall nYn wwYOanru.e ma. 2.2W.1 $13.30 Men 0 3o b 23NO Am mml9oGep sHmm 2b 0,1250 510.2N 30 So 0 232000 0,00 0 so so 0 23270 0.M b 0 s0 0 23mm WYCw9m W b s0 $0 SO 23MM AN ubenWm/ceM 0x18 TIM IW mea 12.10.1 $250 30 5311500 30 0 23"00 Ammw.pn Ym/m01bo.Hlem/O%I3V.s-NeRrarcy 9b U9,08 75 b 3399.70 $0 b 23NN MI ,R.HYm/ INC, SHbm I OX UB.-N.18c.nW-rw Ud sSabm ab "9,09.74 0 3399.750 SO b 232000 SO.M SO s0 so b 2120W $0.00 b so so 0 2320M MvoWn Cs 30.00 0 So IS SO 23"M Aos-2040 W RVAC.ebm mw m.e "TY WR" F REQUIRED MOD b SO 0 0 23nW sow 0 0 b 0 23MM W 0 0 30 SD 2320M OT S 040 0 so so b 232DM AOemacs mn ctlole.n NYC%n VMSncels 250 wH SMSM s0 0 SO W.M 232DW AOoeuneamim;Mdlrlean/tlueb6 FZIhcammane a 59.937.1 $1.0 30 b 30 MI'm 232DM Aomm mw Iloban lm E WAC umb 77.4570 31." 0 so s0 5119.00 2320M Nm t. WON artvlY rolltrd.Inclnml-VERIFY G REQUIRED b.M SO s0 s0 0 232000 SOW 3o so s0 0 23MW Sow 0 50 30 0 23MN SOM ol So I 30 b 232DM 232000- WAG L88 70.23 Wml 31.111.1001 so mum 23200. WAC-PRWG AND PUMPS. LF .tom 0 . t0 so 0 0341M ELECTRICAL-DEMOUTION M 41N R .Wm 0 3o s0 b 024tM WA SO.M s0 30 30 0 M41M bM 0 b s0 0 U41M O Cmu.r SOW 20 30 30 0 024tM WA $D.N 0 0 30 0 041N SD.M b 3o so 50 0241M H.C. S4.M 0 0 s0 0 M 41N WA $D.M b 0 SD 0 0241W um b s0 so b U41W -O S 0.M So $0 so b W410 ARsawmmrR&R E I.Wtl I:W "7157.1 11 OS N 0 so M.3M 0241 IN 20 S b SD sO b 224122 :5000 b b so 0 MUM 3000 I b I Sol SO 0 00.1 M Appendix E. 65A-214 I ® PWjo6D Santa MO JOE Rww Tal*: BwPlEadnad Dad: Jwe S XX TRADE DESCRIPTION OTT 1ROT DNR COST Rae." Waco , M°meleae Gendl OR BWw 02 At 00 ELECTRICAL-OEMOUTION - 7].457 GSF .SWT 0 $0 30 ST9A53 253160 EMERGENCYGENERCTOR N32W. VItemaed SO On 4 30 30 SO 262200 SOHO SO $0 00 SO 263200 30.00 SO $0 SO SO N>Zw 263200 EMMQIUVCYGENERATOR RW $0.00 00 SO 30 SO 20WN MAWSWTCHGEMs:' AYPS ..30.w 0 30 30 -So XON BU MJGDMTR05UTIGNE0UIPMENT - -AMPS `X.00 So 30 so so XWW-'BOSDINGPONERFEEDERSI _... -_'._ ..- _ _SF._ .. .. `{30.00 .. SOr 30 _'.SO X 20NOO LJGHTING 6 UGHTW0 DISTRIB0TION NNW R WOO SO 30 'So SO 265000 Aw aMconoolN nwcoveM erta INGO 32553 -S%313 30 -s0 50 265008 A Mcs b connect Me fonder.d EI PSON,♦eMCN/nearNdMa 2M SAINW $10350 So SO As 266000 SOW SO S0 so So 255000 SON SO W X SO 26MM Dad Cv-r Sow so An s0 SO 26MM Ail rax l le0cfilE AIMM., vb e.MM atd muldn 12.1Wei $1035 X SIVIQ 30 w 26MM 5400 S0 SO SO 30 26SOM Rcatelda Center w00 SO SO so SO 26NN AOI nax f enM lE Br., aMU ralet cOma0ade Oane. mrimal IO.461a1 $1025 w m SIB7492 SO NNW AOoavca to clm,nI ma fMNM3 M fE SdI4 oak Anuli 6nufiee - lu 315374.00 S0. SO 315,375 SO How 0000 00 SO SO w 265000 OD6e3 SOW SO I SO I s0 _ SO 26NN Afc OHIJ3) wdoMtrclMcels 256 uL SNSN >J SO So $INNO 260000 AOd nm/amt,M X) ightma and cents etc Mao we 59,53Ttl 35.13 SO 30 10 SM5,127 NNW Ala4 WW,,s,fttftfftftmta(E)fmmpMeTs• Wle eBfmude 71,45]of 5205 4 SO s0 3156.767 N w W sow SO 30 $0 00 26NW man 00 so so 00 20WN Sow 00 X 30 SO 26 W00 266000 UG1,11111IGSLI0IITW0OISTRU!"Ofe.. ITS] . s5P3 -' 366,633 3124640 k11122.367 ' "3654714 25WN POKER DISTRIBUTION I RECEPTACLES 26MM R 1000 W SO 30 SO NOON AdI on06aRW5onMnoweoweed orae 21Waf SIC 315,100 s0 So W 25MM N rca b cmnect Pe lee0enb E al 'Ndaee 211 57A67AO SI5.375 00 SO SO 26MM A7 ns6br al rmMW MCI. cOmoct ded4r.b I El priels• tch I me 2a 576874 SISATS Sol So SO 260000 X00 00 $01 X W N W W 0000 X 30 30 00 260000 Oa, Carn7 ".an 00 SO SO SO 260000 300 ard66oOuam fiwrrcwaede bm 1216011 666.63 SO 3310160 so SO X0000 All Ia-x HJACe dm 0M 315.661.50 00 112T.1w so SO 260]00 Idd Ivrrxrtlindanl HJACs tem 6M 310]50.00 00 S62.w0 00 SO 260000 A,lIft'Ifitsve. 8N 376,07SW SO 015.000 X SO Ismoo AwdrrtynlBM IR9e Ann BD $76.87500 4 3615.000 So SO ISWw Ald br]raweeNc4a dMcome00onb9N64m Rowe 211 3512AWW SO SlAN,6w SO SO 26MM 55.00 SO s0 30 SO 26mm Saw SO s0 SO s0 N0000 Hamean Cons X.00 X 3o w X 26MM A6f nex/nMSI rand diaviMcn Mcuroaede n -w mNMM 10.461.1 55.13 SO SO $53748 10 NOW Abrarcobwmactf leedorabE uvU• .<Olrt eYfilde6e6 114 35125W SO I Sol MAN 00 NWW P .fe,W♦erNnex M/K,wW.ewmegketlen b l IF)Wneb• W Nn Munn-YERiY Saw 30 SO SO 50 NWW SO.W 30 s0 SO 00 260300 Ond Saae SO X s0 SO X NWW AId-m a4ev C653 256ceb i1,OX.W S0 30 W SX2AW wWW MdnM/rthORE reNad baemmM vee 5947 e1 IS'S SO 30 SO SX51P 260000 N .. bcennM,l Me deden to E I /me'Paef,♦pedhle I Me 77,497 a1 $Ito IO SO SO 1 417574 NWW saw At s0 SO SO 26MM An m X SO SO NWW 26MO0 POYFJSDISTMWION/RECEPTACLES OPNO SXd2 SNASO '"34,180 •15801 MAN 26000 MISC. ELECTRICAL NWW .et 30.00 So 00 00 SO NNW Abwerce 79.657 I met $40638 X X so wwm Dan SO X w SO NWW Om carter SOW SO SO 30 SO NWW Adwercstrmi4c 11,760.1 11538 SO 5138.600 SO SO NWW Saw So so w SO N4ow H. - C. s0:w 4 $0 X SO .WWW ARwew X.729 y1 X.51 SO 1 $01 319,6n 00 'www X.w So I Sol 30 SO Appendix E. 65A-215 TRADE Project: Swte AIUJaRRcus, 7100: SuNetWmu Data: 1.. 11. NIB DESCRIPTION OTY UMT COST I Ra.w, Nvnuu NNW GlActMM SO so _ _ 50 W NNW AOvaarma 19.8579.1 $1.03 W SO I So UTA48 230000 50.00 S0 0 so SO x80000 Som 0 So SO SO .20000 SOoo W SO so W 280000 Noon MIN.ELECTRICAL 77437 GSF- -01.06 _ MAN , M&='- $19,048. 1313AS 27000 YOICECOMMUNICATIONS• OPNO SOHO 0 :0 - s0 0 SINN CLOCK A BELLSYMEM- OPNG ..10.00... 0 :0 t0 SO -272000 DATA _ - _ _OPNO 10.00 - 0 So to .0 2T000 'AUDIO-WEO COM MUNICATION9.' .OPNO 10.00 ` - W .0 .30 - 0 270000 MISC. LOW49LTAOE SYSTEMS '.270W R 60.00 "I W W So 27MOD A03bwwu nnewcD.ercC area 2,200.f 31530 0.8x9 I SO 0 W 27000 Aaawaace be WMO feNen lO E :wl.• Inca15rtY5aa 24 55115.00 310,250 NJ 0 W 2700 W.0 W NJ 0 0 27000 Sow So 0 W W 27MM Dm CCK✓ 600 SO Sal 0 W 27MM ACCwwwu a 12.IW.f 325.0 0 531100 W W 27MM ABuwencvu cmrcct Pa fvedenw E vmb• In eYMiaM1a. Bb 320,5000 0 SISa.DM 0 W 27000 Abwan. blv IN $153,15000 So 3,253.]5(1 0 0 '27WW $000 W 0 W 0 27MM Mmatm hnrar $000 W 0 0 0 27MM ACC IO.vwN McOn nneC.a-0awswebm55nalvadl 1N 3$,22500 W W 55.125 SO 2700 AOvniwab.n.utln feedenb E anW •.1'0lrtpmr AtiOAer 16 325320 0 0 52,585 W 27MM 000 0 W t0 0 27 W W OT S. 0.00 0 SII 0 0 27MM ACC bwwu -ds; N,a a3a ceO MMnin. el-al(E cele 253.00 32,93250 SO SO M MAD 27W0 Ad11M007a -dau.N aAm an«rvu. etc Mccmnm arta 59.537 of 110.25 W SO 0 01025a _]000 AO %s b cwnd Ne feedeu to e«4=h I mpar"BB.MS 77.4570 $4.13 0 W W S396.037 vww 50.00 W 0 0 0 _27000 300 W1 Sol 0 30 270000 20 WOO MISC.LOWYOLTAOE SYSTEMS _ 77,49 p9F 513.03 S44,015 1(030}30 '.1".680 11.663" 200000 ELECTROWOSAFETYMOSECUROY 28000 WA 0.00 0 0 SO W 28MM SAN W 13 0 13 28000 W..00 W 0 W 0 2000 .,2000 ELECTRONIC" YAKDBECURT' DENCE 410.94 __ 0 SO 0 SO 26000 FITEALARMSYSTEM 28 W W R 30.00 so 30 so 0 28MM AO. FA deJ On...wd arta 2200 a1 $0.15 1,22550 to so s0 28MM Wmwancaw cOn.d" new FAw fE3AMe_t• pWVlmpe9 st 2a 0101000 "050 0 30 0 2800 "n ' mwl,lmFMce E1 FACev4c0 a. nnCcd-N'A 0.00 W 0 0 W 28000 SON 0 W So 0 28X00 DmC. 000 SO SO 0 W 2000 ASOmncabM Irt90Alledd FACOecea 12.100.1 33.08 0 137.3" so W 1000 Ao0warc0 wwmnlW nadled mA FAw E ab •EN,h I re eir MMM. al. $1020.00 0 $62000 W W 28MM 00 0 0 s0 0 30000 Maa4Ae-Caifar 000 0 W 0 W 2000 AO mx FACeAcv>0dD11WNd4 10,4".1 31025 W W 31D7.492 0 283000 AwAmzab wunclua nex FAw E nab• IrtpaBMahe 100 "581300 W 0 3:5,525 0 20000 000 SO 0 0 W 28300 000 W W W W 28MM OT.S W 0 30 0 0 28 30 00 AwwarcnuW Ilrt0d0lledd FA tl.fiO 77,4570 ".05 SO s0 0 010.7" 28MM A3mancew cm.alDn ad«d plani FAw E nWa, OamliNalrftohas 24 00,500.00 W 0 0 54lwo 28000 SON W 0 W 0 283000 W0 0 s0 0 W 20000 20]00 FDLEA MSYSTEM -. ",457 DST 12.94 343.00 -'3119392 8133,19 "-N59,7" Gnnd Teul 3uMetabukontndorcwt S133.27 $1392.647 57149600 $2,20ON3 Sf9 3287 Gtam,ld n aj mdmeC 100% 313.33 $159,285 5714,009 $220,x00 51.141,229 GenefM cvpndnm 5.0% W.33 $",W 093]44 $121110 301,820 GenaN conbac'v OonC 235% 048 Hf3& 5165000 MY= 32983E D.' C 20.0% 0143 13782" 51,659,)08 $520,106 ",71232 WM1al Facwr 400% ".58 SWM4 3"C5,300 3124@3 WNWf Cem.eIC..0 tfw C00 3198.43 S2.347,654 510539.023 0145472 3109x2427 32A48.000 510.536.000 1324500 313.9..00 Appendix E. 65A-216 <�1 P.J.t S2 AW JOR R.se ' TUM: BW9a166fmb ---13a3a:3w 1],mle . TWE DESCR u OTT UNIT UNIT COST Rlanby Oatl CBNaf H.W.. Canbf W,.Spa 2 Fib &g $11.30 =BB.9% 33m.Zlo 3509051 31,055337 3 C.. 50.10 318.013 W % 30 a Wf U.% 30 30 30 38 5 WA $1.72 5)9.950 $155,390 312]00 311,000 6 Wo RIaf5cf 3COm fMA3 51.76 520.500 5508% 320,800 Sri'9.1= ] TMnntl3lkdnn PN!IGpcn 3091 50.20 321.)341 W 327,552 B O $1.23 310350 30 30 $196800 B ft[IR 52030 35591,5 5215,681 5297.010 S2.U3.5R 10 S Mf 5000 U I ol 30 U I1 E 32037 310250 SW.W0 $10350 32888235 12 3000 0 W W W 13 5 ICaf3uc80n 38.68 518.74 X8.750 3909.6i6 3116,850 11 C a 30.91 50 b U 3153.]50 21 fn6u faun 33.05 ST3.800 Hg W W SO n fw mat 511.= m So 3122.0.51 29 WiIc 5835 34.075 31.111100 30 $233.5% 25 F! a1a0BN5na1u1 3080 30 ,5 So ,5 26 EbcBic& W27 3183399 53.58,5 3201,555 31,627.U3 27 Communcw.. 613,0 SU.075 3829.350 67,088 ft 97,211 28 Ektlmi¢Sa( m3Sm U.91 513.050 $119,392 5133,117 S199.797 lWbtll 111=17 11 92BQ 37,14S S028 311UZ267 -Garceal CeSncbf 300Oae.8u0 100% $1333 3159,205 5311.%p M02% 31.1418329 GenrNCpM5la Mah 5.0% $7.33 58),60] 3302" 5121,110 3031,525 GO,"CaMmua Sm 23% $3,5 551.391 3185.600 357225 3298.30 Des Cm' 200% $31.58 =]B3]] 31,658,786 $=0.1% 32]12,038 NaAa f.W SOH 37.55. 5%381 545,109 $121825 56%.%1 Cw6nl ConitrvcSon Coll 31%.43 MX).651 $103L,026 4.578 31a.s"'UT 83.34.000 S10.SU,Q10 4115099 516923.0% 65A-217 Appendix E. 65A-218 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2018 TITLE: RECEIVE AND FILE LETTER TO THE COUNTY OF ORANGE REGARDING THE CITY'S SUPPORT OF COUNTY'S LEGAL ACTION AGAINST THE ORANGE COUNTY NEEDLE EXCHANGE PROGRAM {STRATEGIC PLAN NO. 1 and 51 I Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file letter to the County of Orange related to County's legal action against the Orange County Needle Exchange Program. DISCUSSION Beginning in February 2016, the Orange County Needle Exchange Program (OCNEP) began operating a needle exchange program in the Civic Center adjacent to the City Council Chambers. The program operations resulted in acute public safety concerns which compelled the City to terminate the Memorandum of Understanding between the City and OCNEP, in November 2017. During the almost two years of operating a needle exchange program by OCNEP, the quanities of used and discarded syringes in the Civic Center became unmanageable, with no adequeate plan of mitigration or disposal ever presented by OCNEP. The City and County of Orange, through the Civic Center Authority, was forced to install various needle disposal bins in the Civic Center in an attempt to mitigate needle litter in the Civic Center. OCNEP submitted a new application to the California Department of Public Health (CDPH), to operate a mobile program in various cities, including Santa Ana. This application was approved by the CDPH despite the City's strong objections and documented public safety concerns raised by the Chief of Police. On August 3, 2018, the County of Orange Board of Supervisors voted to commenece legal action against OCNEP. The City Manager has written a letter (Exhibit 1) to County of Orange CEO, Frank Kim, outlining the City's endorsement of the County's efforts to halt the operation of the mobile needle exchange. 6513-1 Letter to County of Orange Supporting County's Legal Action Against OCNEP September 4, 2018 Page 2 STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal Health, Livability, Engagement & Sustainability. FISCAL IMPACT There is no fiscal impact associated with this action. Exhibit: 1. Letter to County of Orange Community Safety, and Goal 5: Community 65B-2 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmlento Jose Sotorio Sal Tinajero Juan Villages August 30, 2018 Mr. Frank Kim County Executive Officer County of Orange Hall of Administration 333 W. Santa Ana Blvd. Santa Ana, CA 92701 Dear Frank: CITY OF SANTA ANA CITY MANAGER'S OFFICE 20 Civic Center Plaza a P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org CITY MANAGER Raul Godinez 11 CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar On behalf of the City Council of the City of Santa Ana, I am writing to express the City's unwavering support for the County's recent efforts to protectpublic safety by seeking a court injunction to prevent the Orange County Needle Exchange Program (OCNEP) from operating on a mobile basis in various locations in the County, including parts of Santa Ana. As you are aware, OCNEP's earlier operations in the Santa Ana Civic Center created such acute public safety concerns that the City was compelled to terminate those operations. We are, therefore, uniquely situated to understand the importance of your efforts. Following OCNEP's operation of a syringe exchange program in the Civic Center for nearly two years, the City's position on the viability of such programs in the immediate urban area remains unchanged. In our case, the quantities of used and discarded syringes in the Civic Center simply became untenable, with no adequate plan of mitigation or disposal ever presented or administered by OCNEP. The mobile nature of OCNEP's operations only renews — and heightens — the City's health and safety concerns. Given OCNEP's inability to provide for effective recovery of used and discarded needles in its prior stationary operation conducted once per week in the Civic Center, the City has diminished confidence that OCNEP can manage an expanded mobile operation conducted on a daily basis. SANTA ANA CITY COUNCIL Idguel A. Purxb MiUrete Martinez Vicente Sarmienlo Jose solaria P. David Benevides Juen Villegas Sal Twimv Maya Mayor Pro Tem, Ward 2 Ward Wam3 War14 Wad5 Ward6 moWidoQasanla-ana.om mimartinezldsama-ane ora Ysarmeni 9psama-ma ora dbenm4desOsa,O ma.aa IYilinasOlsanla-ana aro sena Praddsama..o(e Letter to Frank Kim August 30, 2018 Page 2 Certainly, the City appreciates the public policy goals behind needle exchange programs. However, the manner in which OCNEP intends to operate endangers the general health and well- being of a far larger population that cannot be ignored. Both then and now, OCNEP has failed to advance a concrete plan to defensibly mitigate the quality of life concerns and adverse impact on public safety as repeatedly articulated by the City. We had expressed the above concerns to the California Department of Public Health during the pendency of OCNEP's application to operate a mobile program. We remained hopeful the state agency would respond favorably to our views and those of other similarly situated neighboring cities; unfortunately, that was not the case. With the approval of the program, however, other measures have become necessary to protect the public interest. Therefore, we strongly endorse the County's efforts in seeking judicial intervention to halt the operation of the mobile exchange program. Please let us know if there is anything we can do to assist you in this pursuit Sincerely, Raul Godine I City Manager L. REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF ORANGE TO TRANSITION THE COURTYARD EMERGENCY HOMELESS SHELTER TO A NEW LOCATION AND EXPAND HOMELESS SHELTER BEDS FOR SANTA ANA (STRATEGIC PLAN NOS. 1,6; 5,4; 5,6) (0_9XAiJ_C Tj MANAGER RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1b' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager execute the Memorandum of Understanding with the County of Orange subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana is currently experiencing a homeless crisis as one of the most urgent issues concerning public health and safety. As the County seat, Santa Ana has experienced the overwhelming impact of homelessness from the entire County of Orange. According to the 2017 Point -in -Time (PIT) homeless count, the City accommodates over 13 times its fair share of the unsheltered homeless population, nearly seven times its fair share of the sheltered population and, in total, carries 22 times the portion of the homeless population that other cities have. In fact, due to the overwhelming visibility of the unsheltered homeless population, on March 31, 2018, the City conducted a Citywide PIT count, and found that over 50% of the population arrived in Santa Ana from other parts of Orange County. The PIT count resulted in a 121 % increase in the unsheltered homeless population compared to last year's homeless count; further validating the City being negatively impacted by the lack of homeless shelters throughout the County. The 2018 City led PIT count also indicated that Santa Ana is home to an estimated 587 sheltered homeless and 1,030 unsheltered homeless for a total 1,617 homeless population. This includes individuals, youth and families. The PIT also revealed that 82% of the unsheltered population reported chronic homelessness and over 30% reported mental health disability, medical health disability, substance abuse, and domestic violence as barriers to attaining housing on their own. 65C-1 Memorandum of Understanding- Homeless Shelter September 4, 2018 Page 2 The City has a long history of providing services to alleviate and prevent homelessness for Santa Ana individuals and families. When seeking solutions to homelessness, the City considers both the immediate crisis in our community as well as the on-going need for permanent solutions. Each year, the City awards funds to non-profit homeless service providers to address homelessness and has been a leader throughout the County in the development of affordable and Permanent Supportive Housing. In January 2018, the City created the Quality of Life Team (QOLT) to address a number of concerns related to municipal code violations, property storage and improper use of public/private property. This multidisciplinary team is comprised of staff from the Santa Ana Police Department, Parks and Recreation, Public Works, Code Enforcement and Orange County Healthcare Outreach workers. This successful best practice outreach model has increased the efficiency and response time in addressing quality of life issues. From January 2018 to August 2018, the Quality of Life Team has successfully responded to 999 locations, contacted 1,717 homeless individuals (may include duplicates), and addressed 1,081 encampments. Given the significant need to address homeless in Santa Ana, the lack of available shelter beds for Santa Ana's use, the impacts of the Courtyard Emergency Homeless Shelter and its close proximity to the Downtown and surrounding communities, the City Council directed staff to negotiate a Memorandum of Understanding (MOU) with the County to relocate the Courtyard to a more suitable location and to add bed capacity specifically for Santa Ana's use. The purpose of this Memorandum is to provide a basic understanding concerning discussions between the City and County with respect to the proposed Courtyard replacement homeless shelter site. In addition, the MOU will set forth provisions that the City and County contemplate including: 1. City, in collaboration with the County, to select and acquire a site(s). 2. City to contribute $3.5 million in one-time State HEAP grant funds for the site(s) acquisition and improvements. 3. City to contribute $1 million for admin/ops for 15 years. 4. County to commit $10 million for the purchase of the site(s) or to lease the site(s). 5. County to operate site(s) for approximately 600 beds of which 475 will be allocated based on proportional share of unsheltered homeless in the Central SPA. 6. County to prioritize 125 beds for Santa Ana. The MOU to transition "The Courtyard" emergency homeless shelter to a more suitable location will provide the following benefits to the City of Santa Ana: 1. Mitigate the negative impacts of homelessness in Downtown Santa Ana and surrounding communities by transitioning the Courtyard homeless shelter to a more suitable location and facility designed to maintain a safe and healthy environment. Locations will be considered to be a safe distance from schools, parks, residential, and other sensitive uses. 2. Provide unsheltered individuals experiencing homelessness a safe place with supportive services to assist them to transition out of homelessness and into housing. 65C-2 Memorandum of Understanding- Homeless Shelter September 4, 2018 Page 2 3. Demonstrate a local collaborative effort between the City of Santa Ana and the County of Orange as the Continuum of Care, as required for the Homeless Emergency Aid Program (HEAP) grant to attain the Governor's FY by 2018-2019 one-time funds for emergency homeless aid of approximately $3.7 million to Santa Ana and $15.5 million to the County of Orange. 4. Will minimize the migration of homeless individuals into Santa Ana as the replacement emergency shelter site solely from unsheltered homeless individuals from the Central Service Planning Area, comprised of nine cities, instead of the current regional 34 -city Countywide Courtyard. 5. Ensures available bed capacity for Santa Ana's use. Of the 600 total bed count, 475 beds will be allocated based on the proportionality of unsheltered homeless individuals for each respective city in the Central SPA. Additionally, the MOU guarantees 125 shelter beds for the City of Santa Ana to facilitate referrals for homeless individuals by the Santa Ana. 6. The County will discontinue the Santa Ana armory program once the replacement site is operational. Staff recommends the approval of the memorandum of understanding. STRATEGIC PLAN ALIGNMENT The activities covered by this report allow the City to meet Goal # 1 — Community Safety, Objective # 6 (enhance Public Safety Integration, communication and community outreach); Goal # 5 - Community Health, Livability, Engagement & Sustainability, Objective # 4 (Support neighborhood vitality and livability) and # 6 (Focus projects and programs on improving the health and wellness of all residents). FISCAL IMPACT There is no fiscal impact associated with this action. However, a future item will come before the City Council for the recognition and allocation of funding commitments. A-- G Steven A. Mendoza Executive Director Community Development Agency Robert C. Co z Deputy City M er City Manager's Office Exhibit: 1. Memorandum of Agreement negotiated by the City of Santa Ana and the County of Orange for the transition of the Courtyard Emergency Homeless Shelter 65C-3 65C-4 EXHIBIT 1 City'Draff�8l17�18:a-� For DiscussionlPurji'o`ses=Only' This Memorandum of Understanding (°Memorandum') dated as of the day of 2018 ("Effective Date°) is between the City of Santa Ana ("City") and County of Orange, a political subdivision of the State of CalKomla (°County") (referred to herein Individually as a "Party' and collectively as the "Parties"). RECITALS A. City and County have been working cooperatively to Identify real property for a homeless, shelter to serve Santa Ana's needs and a more conducive replacement facility for the County's Courtyard. This shelter is Intended to replace the shelter that is currently being operated by the County on Santa Ana Boulevard in the former OCTA bus station (°Courtyard") with a facility featuring Increased bed capacity and enhanced services. B. City and County have tentatively Identified for this purpose a site located at 3100 — 3120 West Central Avenue, In the City of Santa Ana ('Site"), and would like to memorialize the basic understanding they have reached concerning further steps to control the Site and to outline the operation of the Site as a homeless -shelter. -- C. The purpose of this Memorandum Is to provide a basic understanding concerning the discussions the Parties are having with respect to the proposed homeless shelter on the Site and set forth some (but not all) basic provisions that the Parties contemplate including in a potential 'Operating Agreement should the Site or an alternative site be secured. INTENDED ACQUISITION AND USE OF SITE A. City has communicated in writing to the owner of the Site that It wishes to acquire the Site. To date, the City's intent has been to secure the Site by purchase, but the Parties acknowledge that the Site may also be secured by a long-term lease or by other means. B. The Parties recognize that an alternative sites) may be acquired for the purposes described herein using similar means with mutual agreement of the Parties in the event control of the Site Is not obtained for any reason. C. The Parties Intend for the Site to provide 425 beds to fully replace the Courtyard facility, provide 125 guaranteed beds allocated to Santa Ana, and provide the balance of beds to serve the needs of the Central Service Planning Area (SPA). To achieve these purposes, it is understood that the Site will feature bed space for up to approximately 600 individuals solely from the Central Service Planning Area (SPA). Of this amount, 425 beds are Intended for County use to relocate the Individuals currently residing at the Courtyard. The City shall have guaranteed access to 125 beds at the Site(s). Other than the guaranteed 125 beds, the Parties mutually agree that any available beds or services provided at the Site(s) will be limited to individuals from the Central SPA, and will be allocated based on the proportionality of unsheltered homeless Individuals in the Central SPA. D. Through the use of a contractor or otherwise, County expects to provide services at the Site equal to those provided at the Courtyard, plus additional services, including but not limited to social and mental health services as determined in the reasonable discretion of the County. E. County expects to provide transportation for all Individuals relocated from the Courtyard to the new Site or an alternative site. F. The County shall Issue all land use approvals and permits required for the renovation and operation of the Site. Page 1 of 4 65C-5 EXHIBIT 1 City Draft 8/17/18 For Discussion Purposes Only G. The County shall control the management and operational plan for the Site, as well as the types of clients who are served at the Site. The County shall operate the Site as a homeless shelter for 15 years, after which the County may use the site for any use, in Its sole and absolute discretion. H. Once the Site Is operational as a homeless shelter, the County shall discontinue the Santa Ana armory program, as well as the Courtyard. it. COST SHARING BETWEEN THE PARTIES A. If a fee simple interest In the Site Is acquired by the City either through purchase or by other means, the County agrees to pay up to ten million dollars ($10,000,000). However, in no event shall the County be obligated to pay more than the amount for which the City acquires the Site or an alternative site. B. If the City acquires a leasehold Interest in the Site, County agrees to pay the lease costs for a period of no less than 15 years. The Parties will use their best efforts to secure a lease that Is commercially reasonable for the Site or an alternative site. C. On a one time basis, at the time that possession of the Site is given to the County, the City shall allocate all of its $3,500,000 of State Homeless Emergency Aid Program dollars to the County to fund the County's acquisition and Improvement costs for the Site. D. On an annual basis beginning on the date that possession of the Site is given to the County, and on the anniversary of that date thereafter for the entire time the Site Is operated as a homeless shelter, the City shall allocate $1,000,000 to the County for the operation and administration of the Site. E. If the Site is not acquired by lease, purchase, or other means within twelve months of the Effective Date, and no alternative site(s) is acquired within that time for the same purpose, this Parties otherwise agree in writing to extend this Memorandum for a period of time. F. In the event an alternative site(s) is secured for the purposes described herein during the time when this Memorandum is effective, the provisions in Section II shall equally apply. Ill. MISCELLANEOUS A. The Parties shall Indemnify, defend with counsel approved In writing, save and hold each of Its elected officials, officers, directors, agents and employees harmless from any and all claims, Injuries, liabilities, actions, damages, losses or expenses, of every type and description to which they may be subjected arising out of any act or omission of, Its employees, representatives, agents and Independent contractors in connection with the Implementation of the actions described in this Agreement. The Parties' duties and obligations under this paragraph shall survive termination or expiration of this Agreement. B. Upon the execution of this Memorandum, City and County shall cooperate and establish a working team to advance the acquisition and development of the Site, or an alternative site(s), for the purposes described herein. C. Neither Party shall have the right to assign this Memorandum without the express written approval of the other Party. This Memorandum shall be binding upon and inure to the benefit of the Parties and their permitted successors, assigns and legal representatives. D. This Memorandum contains the entire agreement between the Parties with respect to the acquisition of the Site and initial and ongoing funding, though not for the operation of the Site. No Page 2 of 4 65C-6 EXHIBIT 1 City Draft 8/17/18 For Discussion Purposes Only alteration or variation of the terms of this Memorandum shall be valid unless made in writing and signed by the Parties; and no oral understanding or agreement not Incorporated herein shall be binding on either of the Parties. E. Notices or other communications which may be required or provided under the terms of this Memorandum shall be given as follows: Cities: City of Santa Ana Sana Ana, CA 92701 Attention: County: County of Orange/County Executive Office 333 W. Santa Ana Blvd., 31d Floor Santa Ana, CA 92701 Attention: Frank Kim, CEO United States mail, first class, postage prepaid and addressed as above. Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business, on the following business day. Any notices, correspondence, reports and/or statements authorized or required by this Memorandum, addressed in any other fashion shall be deemed not given. F. In any action or proceeding to enforce or interpret any provision of this Memorandum, or where any provision hereof is validly asserted as a defense, the Parties shall bear their own attorney's fees, costs and expenses. I G. This Memorandum may be executed in two or more counterparts, each of which shall be deemad-an-original, t-Wl ofwhich-togatttarshall-aminatebutene-rrd"ho-same-tnstram-en . H. Prior to the acquisition or lease of the Site, either Party may terminate this Memorandum upon thirty (30) days' notice to the other Party. I. In the event County or City defaults in the performance of any of their obligations under this Memorandum or materially breaches any of the provisions of this Memorandum, the other Party may enforce this Memorandum through specific performance or may exercise any other available remedies. Additionally, the failure of one Party to fulfill its obligations hereunder shall relieve the other Party of doing so as well upon thirty (30) days' prior written notice to the other Party. In the event City or County cures such default within such thirty (30) day period, all obligation hereunder shall continue In full force and effect. J. Each Party represents and warrants that the execution, delivery and performance of this Memorandum have been duly authorized by all necessary action of such Party's governing board, and the person executing this Memorandum on behalf of such Parry has been duly authorized and empowered to do so on behalf of such Parry. K. The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Memorandum. L. This Memorandum may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement Page 3 of 4 65C-7 EXHIBIT 1 City Draft 8/17/18 For Discussion Purposes Only M. Either Party shall be excused from performing its obligations under this Memorandum during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material wrongful act or omission by the other Party; when satisfactory evidence of such cause Is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. IV. OPERATING AGREEMENT. Following build -out of the Site, the Parties contemplate that an Operating Agreement will be needed for the homeless shelter In the event the Site, or an alternative site(s), is secured. The Parties shall endeavor to develop such an Operating Agreement; however, in the event one Is not agreed to by the Parties, the County may operate the shelter as It determines in Its reasonable discretion. City and County have executed this Memorandum of Understanding as of the date and year first written above. CITY OF SANTA ANA, CALIFORNIA By: Raul Godinez II City Manager COUNTY OF ORANGE Chief Executive Officer Page 4 of 4 65C-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 TITLE: PUBLIC HEARING — SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2018-15 (SCH NO. 2006031041), GENERAL PLAN AMENDMENT NO. 2018-031 AMENDMENT APPLICATION NO. 2018-06, AND ZONING ORDINANCE AMENDMENT NO. 2018-03 TO EXPAND AND AMEND THE METRO EAST MIXED USE OVERLAY ZONE - CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NOS. 3,2; 5, 3; 5, 4} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2na Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER It is recommended that the City Council take one of the following actions: Approve the proposed amendments to the Metro East Mixed Use (MEMU) Overlay Zone as previously presented by adopting the following resolutions: a. Adopt a resolution certifying the Final Subsequent Environmental Impact Report (SCH No. 2006031041) for the Metro East Mixed Use (MEMU) Overlay Zone, make findings pursuant to the California Environmental Quality Act, adopt the Mitigation Monitoring and Reporting Program, and adopt a Statement of Overriding Considerations. b. Adopt a resolution approving General Plan Amendment No. 2018-03. c. Adopt an ordinance approving Amendment Application No. 2018-06. d. Adopt an ordinance approving Zoning Ordinance Amendment No. 2018-03. Continue the item and direct staff to enhance and refine existing MEMU development and design standards to create a balance of intensity, density, and mix of land uses within the overlay zone and complete an in-depth fiscal and economic analysis of the proposed MEMU Overlay Zone expansion and amendments project before returning to City Council for considerations at a future date. UPDATES TO THE REQUEST FOR CITY COUNCIL ACTION REPORT DATED AUGUST 21 2018 At its regular meeting on August 21, 2018, the City Council continued the MEMU expansion and amendments project for two weeks to provide staff the opportunity to prepare a comprehensive economic and fiscal analysis for the MEMU Overlay Zone expansion and amendments project as 75A-1 GPA No. 2018-03, AA No. 2018-06, and ZOA No. 2018-03 Expand and Amend the MEMU Overlay Zone September 4, 2018 Page 2 well as possibly recommending potential enhancements and refinements to the existing MEMU development and design standards with a goal of creating a balances of intensity, density, and mix of land uses within the overlay zone. Following the meeting, staff immediately engaged AECOM to assist with the analysis. Within the short timeframe between the meetings, AECOM was able to quickly provide a first -look, high- level, qualitative assessment of the net fiscal impact of the MEMU Overlay Zone expansion and amendments project as proposed. However, the meaningful development of enhanced standards and refinements of existing regulation will also need to be based on the completion of an in-depth analysis which requires additional time, information, and resources to complete. AECOM is developing a work scope, a budget, and timeline for staff to present to the City Council during the verbal presentation of this matter at the public hearing. Findings of the First -Look High -Level Qualitative Assessment In summary, the preliminary analysis indicates that the project will not result in a significant different net fiscal impact in comparison to the current MEMU area. This is primarily due to the fact that the proposed expansion and amendments maintain the existing residential and non-residential buildout caps and the service population and service costs of the existing and the expanded MEMU remain consistent as previously analyzed in the existing MEMU. The detail of the preliminary analysis are provided in a memo prepared by AECOM memo as Exhibit E. For the City Council's information and ease of review, the information provided in the report presented on August 21, 2018, are included in the body of this supplemental report in the following sections: PLANNING COMMISSION ACTION At its regular meeting on July 23, 2018, the Planning Commission by a vote of 4:0 (Alderete, Contreras -Leo, and Verino absent) recommended that the City Council adopt General Plan Amendment No. 2018-03; adopt Amendment Application No. 2018-06; and adopt Zoning Ordinance Amendment No. 2018-03 for the MEMU expansion and amendments project. The Planning Commission reviewed the Draft Subsequent Environmental Impact Report (SEIR) and considered the document and its findings in making the recommendation on these entitlements. The Planning Commission made no changes to the recommended actions outlined in the attached staff report (Exhibit A). DISCUSSION The MEMU Overlay Zone expansion and amendment project will extend the MEMU overlay zone west along First Street to Grand Avenue and will reclassify certain land use districts and amend certain development standards. Details on the land use changes and amendments to the development standards are provided in the attached Planning Commission staff report. The Draft SEIR also evaluates the environmental impacts of the Elan development project, a mixed-use development project consisting of 603 residential and shopkeeper (live/work) units, and up to 75A-2 GPA No. 2018-03, AA No. 2018-06, and ZOA No. 2018-03 Expand and Amend the MEMU Overlay Zone September 4, 2018 Page 3 19,700 square feet of commercial area. The Elan project will be considered by the Planning Commission at a future date and will be the first project to be considered under the new development standards in the expanded area. The MEMU Overlay Zone expansion and amendment project will apply the MEMU (OZ -1) designation to properties along First Street between Grand Avenue and the Santa Ana (1-5) Freeway, and Elk Street and Lyon Avenue between First Street and Chestnut Avenue. The expansion area, approximately 33 acres in size, currently includes a mixture of commercial and multiple -family land uses, as well as a handful of vacant parcels and one affordable housing community that is under construction. Extending the MEMU Overlay Zone to these parcels will maintain their existing zoning designations but will apply the OZ -1 designation. The OZ -1 designation will allow property owners to maintain current developments without rendering existing sites legal -nonconforming, but will also add a layer of additional development opportunities should the property owners elect to develop a mixed-use project permitted by the MEMU Overlay Zone. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies); and Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods), Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT There is no fiscal impact associated with this action. Minh Thai Executive Director Planning and Building Agency AP:rb S:RFCA\09-04-18Tl3A Metro East Mixed Use Overlay Zone 9-04-18 Exhibits: A. Planning Commission Staff Report B. Final Subsequent Environmental Impact Report (SEIR) C. Resolution D. Ordinance E. First -Look Qualitative Assessment of the Net Fiscal Impact for the MEMU Expansion 75A-3 75A-4 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 23, 2018 TITLE: PUBLIC HEARING — SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2018-15 (SCSI NO. 2006031041), GENERAL PLAN AMENDMENT NO. 2018-031 AMENDMENT APPLICATION NO:2018-06,,AND ZONING ORDINANCE AMENDMENT NO. 201'8-03 TO EXPAND AND AMEND THE METRO EAST MIXED USE OVERLAY ZONE„ AND SITE PLAN REVIEW NO. 2018-02 FOR THE ELAN MIXED-USE PROJECT - CITY OF SANTA ANA AND WERMERS PROPERTIES, APPLICANTS (STRATEGIC PLAN NOS. 3,2; 5,3; 5,4) Prepared by Ali Pezeshkpour PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicanfs'Request ❑ Staff Recommendation CONTINUED TO Executive Director_ Planning Manag r RECOMMENDED ACTION Metro East Mixed Use Overlay Zone Expansion and Amendments Project Recommend that the City Council: Certify the Subsequent Environmental Impact Report (SCH No. 2006031041) for the Metro East Mixed Use Overlay Zone and Elan projects, make findings pursuant to the California Environmental Quality Act, adopt the Mitigation Monitoring and Reporting Program, and adopt a Statement of Overriding Considerations; 2. Adopt General Plan Amendment No. 2018-03; 3. Adopt Amendment Application No. 2018-06; and 4. Adopt Zoning Ordinance Amendment No. 2018-03. Elan Mixed -Use Project Direct staff to prepare, and bring back for consideration at a future meeting, a Resolution of the Planning Commission adopting Sfte Plan Review No. 2018-02 for the Elan mixed-use development project at 1660 East First Street, contingent upon the City Council taking final action on the Subsequent Environmental Impact Report, General Plan Amendment, Amendment Application, and Zoning Ordinance Amendment referenced above. EXHIBIT A 75A-5 GPA No. 2018-3, AA No.2016-6, ZOA No.2018_-3, and SPR No. 2018-02 Metro East Mixed Use (MEMU) Overlay Zone and Elan projects July 23,:2018 Page 2 Executive Summary The City of Santa Ana is requesting approval of several actions in order to expand and amend the Metro East Mixed Use (MEMU) Overlay Zone (OZ -1), a document originally adopted by the City in 2007. Specifically, the City is requesting approval of a general plan amendment to modify the general plan land use designation of parcels within the corridor, an amendment application (zone change) to add the OZ -1 designation to affected properties and reclassify others in the existing MEMU area, and a zoning ordinance amendment to update -various sections of the existing MEMU document to amend development standards. In addition to the MEMU actions, Wermers Properties is requesting approval of a site plan review application to allow the Elan mixed-use development project at 1660 East First Street. Staff is recommending approval of the projects to create additional market-driven development opportunities in the existing MEMU area and in the expansion area. A Draft Subsequent Environmental Impact Report (SEIR) has been prepared to review the environmental impacts resulting from implementation of MEMU expansion and the Elan Mixed Use Project. Project Background The MEMU Overlay Zone was adopted in 2007 to facilitate mixed -used development opportunities in a portion of the City between the Santa Ana (1-5) and Costa Mesa (SR -55) freeways centered on First and Fourth streets. A number of successful projects were developed or entitled as a result of the 2007 MEMU Overlay Zone adoption, including Lyon Communities' 264 -unit mixed-use community as well as the Madison (200 N. Cabrillo Park Drive), AMG Villa Court (2222 E. First Street) and AMG First Point (2110 and 2114 E. First Street). Encouraged by this success in 2016, the City Council directed staff to analyze opportunities to create additional areas for mixed use development by expanding the MEMU area to the east. In 2017, Wermers Properties proposed the Elan mixed-use community within the MEMU expansion area. Technical studies prepared for the Elan project indicate that demolition of the now -vacant Elks Lodge building on the project site would result in loss of an eligible (unlisted) historic resource, therefore requiring additional environmental analysis. An SEIR was identified as the appropriate environmental document for Elan because the original EIR did not address new information about the Elks Club building that is of substantial importance, which was not known at the time the previous EIR was certified as complete. Because the City was in the. process of reviewing Elan and expanding and amending the MEMU concurrently, the SEIR was drafted to address both Elan and the MEMU efforts in a single document that holistically analyzes both items. 75A-6 GPA No. 2018-3, AA No.2018-6, ZOA No. 2018-3, and SPR No. 2018-02 Metro East Mixed Use (MEMU) Overlay Zone and Elan projects July 23, 2018 Page'3 Project Description and Analvsis:'MEMU and Elan The MEMU Overlay Zone expansion and amendment project will extendthe MEMU overlay zone west along First Street to Grand Avenue and will reclassify certain land use districts and amend certain development standards. The project also includes Elan, a mixed-use development project consisting of 603 residential and live/work units and 8,530 square feet of commercial area. MEMU Expansion and Amendments The MEMU Overlay Zone expansion and amendment project will apply the MEMU (OZ -1) designation to 52 parcels and increase its size by approximately 33 acres. The expansion area currently includes a mixture of commercial and multiple -family land uses, as well•as a handful of vacant parcels and one affordable housing community that is under construction. Extending the MEMU Overlay Zone to these parcels will maintain their existing zoning designations but will apply the OZ -1 designation. The OZ -1 designation will allow property owners to maintain current developments without rendering existing sites legal -nonconforming, but will also add a layer of additional development opportunities should the property owners elect to develop a mixed-use project permitted by the MEMU Overlay Zone. The MEMU Overlay Zone expansion and amendment project requires approval of: General Plan Amendment. Components of the General Plan must be amended to ensure consistency with the MEMU expansion and amendments project and the Elan project. Amendments include updates to the Land Use and Urban Design elements' maps, figures, and buildout assumptions to reflect the MEMU expansion and account for the new Urban Neighborhood and District Center land use designations. The amendments will also be consistent with the 2014 Housing Element. Amendment Application. Changing the existing MEMU map and boundaries requires an amendment application (zone change). The proposed MEMU Overlay Zone expansion area was refined based on community feedback, staff review, and environmental analyses. The boundaries exclude established single-family neighborhoods and properties with historic designations primarily found near Fourth Street. Zoning Ordinance Amendment. Changes to the MEMU .text require a zoning ordinance amendment to change the development standards and permitted land Uses in the MEMU Overlay Zone. The MEMU Overlay Zone expansion maintain the current caps of 5,551 potential new residential units and a potential net increase of approximately 963,000 square feet of commercial space and 69000 square feet of office space that were analyzed and approved in the original EIR and MEMU Overlay District adopted in 2007. The expansion will allow these development potentials to be spread over a larger area within the existing and proposed'MEMU Overlay Zone boundaries. 75A-7 GPA No. 2018-3, AA No.2018-6, ZOA No. 2018-3, and -SPR No. 2018-02 Metro East Mixed Use (MEMU) Overlay Zone and Elan projects July 23, 2018 Page 4 In addition to expanding the MEMU Overlay Zone, the City proposes to amend the existing MEMU land use districts and development standards. These changes are described and analyzed in Table 1: Summary of MEMU Overlay Zone Amendments, below. Table 1: S mary of MEMU Overlay Zone Amendments Amendment Issues and Impact Map. Re -designate northern Issue: Village Center and Neighborhood Transitional land use segments of the existing MEMU district boundaries bisect existing development sites in the northern Overlay Zone area as Village segment of the existing MEMU Overlay Zone area.. Center. Amendment Impact: Creates a uniform land use district in the northern segment of the existing MEMU Overlay Zone area without impacting sensitive land uses. Land Use. Allow multiple -family Issue: Multiple -family residential uses are prohibited within the residential uses as part of a mix Village Center land use district. use development. Amendment Impact: Creates additional opportunities for multiple - family develop'.ment as part of a mixed-use project in a"large portion of the existing 'MEMU Overlay Zone area. Land Use. Allow religious Issue: Churches and other religious assemblies are not currently assembly in all land use districts identified as an allowable use in any MEMU land use district. subject to approval of a conditional use permit (CUP) Amendment Impact: Ensures that the City complies with current case law requiring religious assembly where other forms of community assembly are otherwise allowed Land Use. Amend the uses Issue: Non-residential uses allowed as part of a mixed-use permitted in each MEMU land development are restricted to a handful of business types in the use district to more closely match Neighborhood Transitional district. uses permitted in other form - based code areas in the City Amendment Impact: Creates greater opportunities for commercial uses to locate within mixed-use projects in the MEMU area and creates consistency between the MEMU, Harbor Plan, and Transit Zoning Code. New uses include eating establishments (cafes, restaurants), bakeries, retail and service uses, and allows products to be sold as an ancillary component of a professional business. 75A-8 GPA No. 2018-3, AA No.2018-6,, ZOA No. 2018-3, and SPR No. 2618-02 Metro East Mixed Use (MEMU) Overlay Zone and Elan projects July 23,2018 Page 5 Table 1: S mdry of MEMU Overlay Zone Amendments, Amendment Issues and ,Impact Development Standard. Issue: Currently the MEMU requires 100 square feet of Reduce private/public open private/common open space required per unit in the Neighborhood space requirement to 90 square Transitional, Village Center, and Active Urban land use districts. In feet per unit. other City form -based codes the standard is 90 square feet per unit. Amendment Impact: Amends the MEMU open space standards to be consistent with other Santa Ana form -based code areas, including the Harbor Plan and Transit Zoning Code. Development Standard. Amend Issue: Building setbacks are prescribed depending on land use setback standards to be district and by yards (front, side, rear, etc.). Rear -yard setbacks for consistent with those contained in buildings over three and ten stories are 100 feet and 150 feet, the Harbor Plan, which prescribe respectively, resulting in disproportionately-laege rear yard areas setbacks based on relation to the becoming undevelopable. street and surrounding land uses. Amendment Impact: Amends the MEMU setback standards to be consistent with the Harbor Plan. For developments adjacent to residential land uses, the property line setback proposed is 15 feet (up to the 2ctl floor), 20 feet (up to the 6r' floor), and 30 feet (Ph floor and above). This amendment will reduce the number of variance and/or density bonus incentives/concessions and waiver requests. Development Standard. Amend Issue: Neighborhood Transitional and Office land use districts allow allowable height in the buildings up to 3 and 6 stories, respectively, which do not match Neighborhood Transitional and current market demands and increases in real estate values and Office land use districts to allow costs. buildings up to 4 and 10 stories, respectively. Amendment Impact: Amends building height standards to be consistent with other Santa Ana form -based code areas, including the Harbor Plan and Transit Zoning Code while respecting sensitive land uses that may be nearby. This amendment will reduce the number of variance and/or density bonus incentives/concessions and waiver requests. Elan Mixed -Use Development The SAMC and MEMU Overlay Zone require that the Planning Commission review a site plan review application for any project proposed within an overlay zone that is built to the overlay zone's standards. The Elan project site is currently located in the General Commercial (C-2) and Multiple. -Family Residence (R-3) zoning districts. However, because the City is proposing to apply the OZ -1 designation to the project site, Planning Commission approval of a site plan review application is required in order for the project to materialize. Staff will draft the Elan 75A-9 GPA No. 2018-3, AA No.2018=6, ZOA No. 20183, and SPR No. 2018-02 Metro East Mixed Use (MEMU) Overlay Zone and Elan projects July 23, 2018 Page 6 ,project's Site Plan Review (SPR) No. 2018-02 resolution if directed to do so by the Planning Commission. The City Council is not required to act on or review the Elan project's SPR application. The Elan project requires approval of a separate site plan review application by the Planning Commission. The project is described in Table 2: Elan Project Conformance .to Development Standards, below. Table 2: Elan Pro'ect'Conformance to Development Standards Standard or Item Conformance and Analysis MEMU Land Use District and Complies. The Elan project contains a multiple -family component, a_ Allowable Use. The Active commercial component, and seven live/work units. Urban (AU) land use district allows multiple -family residential as part of a mixed-use project. Number of Residential Units. Complies. Building 1 will contain 310 residential units, including seven No density prescribed. live/work units. The unit mix consists of approximately 57 -percent (177) studio and one -bedroom units and 43 -percent (133) two- and three-bedroom units. Building 2 will contain 293 residential units. The unit mix consists of approximately 42 -percent (123) studio and one - bedroom units and 58 -percent (170) two- and three-bedroom units. Overall, the project will contain 49.6 -percent one- and two-bedroom units, and 50.4 -percent two- and three-bedroom units, satisfying the Housing Element's goals and policies of designing projects for a variety of housing types, including large families. Commercial Component. All Complies. The entire project frontage on First Street has been projects in the MEMU Overlay designed for commercial space. Elan will contain 8,530 square feet of Zone must be mixed-use, but no leasable commercial area, which could be nearly doubled to 16,338 minimum commercial square square feet if a second floor or mezzanine were constructed within footage is prescribed. the large -volume commercial space. The project has been conditioned to be designed and conditioned to maintain the flexibility to expand the commercial floor. The development will also contain seven live/work units. Combined,. the live/work units will contain 4,333 square feet of commercial square feet consisting of ground -floor shopkeeper units and upper- level residential/work areas. Overall, the project has the capacity of approximately 19,700 square feet of commercial area. 75A-10 GPA No. 2018-3, AA No.2018-6, ZOA No. 2018-3, and SPR No. 201.8-02 Metro East Mixed'Use (MEMO) Overlay Zone and Elan projects July 23, 2018 Page 7 Table 2:'Elan Project Conformance to Development Standards Standard or Item Conformance and Analysis Stories. Developments in the Complies. The Elan project is comprised of two buildings, the first with Active Urban land use district seven stories and the second with five. The taller building with the must contain a minimum of 3 commercial uses is placed closer to First Street to maximize its street stories with no maximum. presence, visibility for commercial tenants, and.to reduce impacts ori lower -scale multiple -family structures toward the south and west of the project site. Minimum Site Area. Complies. The project site contains 6.38 acres. The large site siie Developments in the Active provides an opportunity for greater publicly -accessible and private Urban land use district must open space on site, parking, and the proposed improvements to Elk: contain at least 1 acre. Lane. Permitted Frontage. Complies. Shopfront and forecourt provided. The shopfront design Developments in the Active maintains the commercial character of First Street, and the forecourt Urban land use district must designs elsewhere on site break up the building's massing and contain either forecourt, volume where it is adjacent to lower -scale multiple -family land uses. shopfront, gallery, or arcade frontage types. The entire frontage of the proposed project along First Street. has been designed as a shopfront with commercial retail. In addition, the northern half of Building 1's Lyon Street frontage is also dedicated to commercial use. Publicly -Accessible Open Complies. Publicly -accessible open space ranges from 18 percent Space. Developments in the (Building 2 site) to 23 percent (Building 1 site). The publicly - Active Urban land use district accessible open space is at the project's ground -level, allowing must contain at least 15 percent access from the surrounding community into the heart of the of the total lot area as publicly- development. accessible open space. Private/Common Open Space. Complies. The project provides over 100 square feet of private open Private/Common open space for space per residential unit. Moreover, the project would continue to projects located in the Active comply with this requirement if the MEMU open space standards are Urban land use district must be amended. at least 100 square feet per unit. Building Setbacks. Complies, with MEMU amendments. The front setback (First Street) Developments in the Active and side setback on Lyon Street comply. The Elk Lane side setback Urban land use district that exceeds the 10 -foot maximum allowed, but this standard is proposed contain between 4 and 9 stories to be amended to allow additional setbacks if publicly -accessible must contain setbacks of 0-20 open space is provided in its place. Moreover, the .building's rear feet (front), 0-10 feet (side), 100 setback (37 feet) -is proposed to be amended to more closely match feet (rear). the standards contained in the Harbor Plan (minimum 5 feet). 75A-11 GPA No, 2018-3, AA No.2018-6, ZOA No. 2018-3, and SPR No. 2018-02 Metro East Mixed Use (MEMU) Overlay Zone and Elan projects July 23, 2018 Page 8 Table 2: Elan'Pro ect'Conformance to Development Standards Standard or Item Conformance and Analysis Parking: Mixed-use Complies. 1,209 parking spaces provided (2.00 spaces per unit). The developments with less than 10 project has been designed to provide at least one parking space per percent of gross floor area residential unit, and with dedicated commercial parking inside dedicated to commercial uses Building 1's parking structure. Finally, the street 'improvements must contain 2.0 parking spaces surrounding the project site will maintain street parking for the per unit, with every unit allocated residents and surrounding community. at least one space. Driveway Width. Driveways'on Complies. The maximum width of any driveway leading into the development sites may be up to project site is 24 feet, enhancing the experience for pedestrians and 24 feet wide. cyclists in the area and reducing the impacts of vehicular movements onto surrounding streets. Building. Massing. Complies. The buildings feature multiple volumes and breaks Developments must contain a designed to, reduce massing. These features allow the project to variety of massing, volume, and avoid a monotonous appearance and reduce its visual impact on the step -backs to increase building surrounding community. articulation. Courtyard Height -to -Width Complies. Ratios provided range from 1:1 or 1:2. The generous ratios Ratios. Courtyards must be maximize light and air in the ,courtyards, reducing the amount of designed with ratios of 2:1 shadow and creating a better experience for residents and guests (enclosed on four sides) or 3:1 using the open space areas on site. (open on one or more sides). Findings for Site Plan Review Complies. The Elan project is a mixed-use project that will materially Approval. MEMU Sec. 8.2, assist with activating a vacant parcel and vacant building. The project subsections a through d inclusive will introduce a mixed-use development that will activate its require findings to show that the surroundings with new commercial experiences, amenities, and a full development plan furthers the reconstruction of Elk Lane, which will enhance the sense of entry to MEMU objectives, meets the Santa Ana Zoo. The project has been carefully designed to development standards, is complement the zoo to the east and to minimize impacts on existing compatible with adjacent multiple -family residences to the south and west through building development, and its land uses, articulation and step-downs in massing, through the screening of all site design, and operational plan parking and loading activities within the project site, and through are compatible and harmonious. construction of a limited number of driveways on Elk Lane and Lyon Street. Elan Site,kanning, Architecture, Elk Lane Improvements, and Commercial Component The centerpiece Elan's onsite publicly -accessible open space is a large street -level courtyard between the two buildings on the project site. The courtyard will contain a large lawn, forest walk, pavilion, dog area, boardwalks, bike racks, and a drop-off area for the community and public. The 75A-12 GPA No. 2018-3, AA No.2018-6, ZOA No. 2018-3, and SPR No. 2018-02 Metro East Mixed_ Use (MEMU) Overlay Zone and Elan projects July 23, 2018 Page 9 courtyard will be surrounded by an artist gallery, leasing office, and other community amenities. Additional open space on site will serve the residents and tenants within the community. Amenity rooms, decks and balconies, two pool areas and private courtyards, and view rooms will meet or exceed the.present and proposed (amended) MEMU standards. The project's landscape palette has been selected to match and complement the Santa Ana Zoo that lies to the east of the project site across Elk Lane. The project frontage will also be improved with unique lighting and street furniture to match the Santa Ana Zoo. The applicant has coordinated the landscape plan with the Public Works and Parks, Recreation ;and Community Services agencies. Elan will feature a contemporary architectural style with Mid-century modem elements. Building materials are designed to mimic or complement the natural environment, with generous use of horizontal elements and carefully -placed vertical emphases, angles, metal brows, and fiber cement siding resembling wood, wood railings, glass, concrete, and cement blocks. The project's defining architectural features are the 24 -foot high ceilings for the commercial component and the full - height illuminated Window Wall along First Street. All utilities, loading, and move -ins will be contained within the building, and all parking (subterranean or above -ground structure) will be concealed from view from both the public and from within the project. The contemporary style also incorporates influences commemorating the Elks Lodge and Saddleback Inn. As part of the project, the applicant has proposed a full reconstruction of Elk Lane between First Street and Chestnut Avenue. The improvements are voluntary and have been coordinated with the Planning and Building, Public Works, and Parks, Recreation and Community Services agencies. Improvements include undulating sidewalk patterns on the project site, sidewalk improvements on the zoo (east) side of Elk Lane, and new bulb -outs and crosswalks on both sides of Elk Lane. The applicant has committed to constructing the new street, sidewalks, curbs, parking, and gutters, and will landscape both sides of Elk Lane, with the City assuming the long-term responsibility of maintenance through a maintenance agreement. These improvements have been designed to take into account the new Zoo Master Plan, adopted in March 2018. In addition to the improvements to Elk Lane, the project will require reconstruction of sidewalks, curbs, and gutters along First and Lyon streets. Portions of all streets along the project's frontage (Elk Lane.and First and Lyon streets) will also be repaved. The project will be conditioned to require continued coordination among the Planning .and Building, Public Works, and Parks, Recreation and Community Services agencies to identify opportunities for street art, signage, and other installations to complement the Santa Ana Zoo. The commercial component on First Street and the live/work units' ground -floor shopkeeper spaces have been designed to accommodate a wide range of tenants and ,to be expanded if market conditions warrant. The First Street commercial space has been designed with full two` - story volumes, enabling the square footage to be doubled within to over 16;000 square feet. This. square footage can accommodate half a dozen smaller tenants, a large pharmacy, or neighborhood market and cafe. The design and success of the commercial spaces are intended to 75A-13 GPA No, 2018-3, AA No.2018-6, 20A No. 2018-3, and SPR No. 2018-02 Metro East Mixed Use (MEMU)'Ove.rlayZone and Elan projects July 23,'2018 Page 10 serve as a catalyst for reinvestment in or new commercial.developments on First Street as market conditions improve and demand increases. Although the developer has not yet identified tenants, Elan's commercial spaces have been designed with large volumes and high ceilings for "experiential" businesses such as specialized retail, cafes, creative offices, and other street -activating commercial uses. All commercial areas within the project will be conditioned to be available for commercial use at all times and will prohibit future conversion to additional residential units. California Environmental Quality Act'10EQAl Analysis The original MEMU EIR certified in 2007 analyzed issues identified during the Notice of Preparation (NOP) public review period, including: aesthetics and design, traffic and parking, provision of open space, safety, housing affordability and overcrowding, burdening of the public services and infrastructure, and construction and operational air quality. Because these items analyzed in the original EIR, and because the nature of the MEMO expansion and amendments is consistent with what was analyzed in the original EIR, an SEIR was prepared to address any subsequent impacts resulting from the Elan project and from expanding the MEMU to the East First Street area. The SEIR has been prepared pursuant to the requirements of CEQA and discloses the environmental impacts associated with implementing the proposed project and includes mitigation measures that can reduce potential impacts to the extent possible or to below a level of significance. The SEIR analyzes impacts related to air quality, cultural resources, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, transportation/traffic, and tribal cultural resources. Other impacts from components such as aesthetics, agriculture/forestry, biology, geology/soils, mineral resources, populations/housing, public services, and utilities/service systems were excluded ,following the NOP public review or were adequately addressed in the original MEMU EIR and are not expected to intensify with the MEMU expansion and amendments. Based on the draft SEIR's analysis, the. MEMU Overlay Zone expansion's impacts would be consistent with those identified in the original 2007 EIR and would result in significant and unavoidable impacts to air quality, noise, and transportation/traffic. However, development of the Elan project would result in a substantial, adveme change to an eligible but unlisted historical resource (the now -vacant Elks Lodge building), which was not addressed in the 2007 EIR. The demolition constitutes an adverse impact 'for CEQA purposes. As a result, preparation of the current draft'SEIR was required, and the 'draft SEIR analyzes and proposes mitigation for the demolition of the Elks Lodge building and for the entire MEMU project. The draft SEIR's Notice of Availability (NOA) was published in the Orange County Register and posted to the County Clerk on June 12, 2018 for the required 45 day public comment period. The draft is also available for public view at the, City Hall Planning counter and the Santa Ana Library 75A-14 GPA No. 2018-3, AA No.2018-6, ZOA No. 2018-3, and SPR No. 2018-02 Metro East.Mized Use (MEMU) Overlay Zone and Elan projects July 23, 2018 Page 11 in the Civic Center. The public comment period ends on July 27, which will allow the -City to respond to any comments received and incorporate comments .and responses into 'the 'Final SEIR before the City Council public hearing, tentatively scheduled on August 21. As of ,this printing, no comments or communications from the public have been received on the draft SEIR. All mitigation measures in the original EIR and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed Elan project. The same measures identified in the original MEMU EIR MMRP are carried over within the draft SEIR. New mitigation measures proposed for the Elan project include documenting the building to Historic American Building Survey (NABS) Level 2 standards, preserving distinctive Elks Lodge building elements on the Elan project site, and developing an interpretative opportunity on the Elan site for public enjoyment. In addition to these measures, the applicant is proposing ,to commemorate the Saddleback Inn, which occupied a portion of the site before its demolition. The full -height illuminated window_ wall along First Street will contain a view room to be named after Walt Disney, who frequented the Saddleback Inn. In addition, a health risk assessment (HRA) was prepared to identify any impacts from developing a residential community near a major freeway.'Using two methods of analysis, the HRA finds that a less than significant impact to project residents would occur due to the project's proximity to a major freeway. Economic Impacts MEMU Overlay Zone Expansion With the exception of the AMCAL community and Holiday Inn Express projects, the majority of the 52 parcels that are proposed to be rezoned with the OZ -1 designation have not undergone substantial improvements since first .being developed. The OZ -1 designation will provide opportunities for market-driven redevelopment, without a full rezoning or property takings. Moreover, amending the MEMU document is intended to respond to current market demands in the area. A large portion of the MEMU Overlay Zone is designated 'Village Centeri"• which allows office and commercial developments. However, the only form of housing allowed in this district is live/work construction. In order to facilitate development in the original MEMU area, the City s amendment to allow construction of multi -family housing in this land use district will directly address several development projects that are anticipated in the MEMU area that have not yet submitted development applications due to the live/work restriction. Other amendments, such as modifying development standards to more closely match standards found in other zoning districts, are, intended to streamline the development process without the need for variance applications or density bonus incentives/concessions or waivers. This streamlining is intended tq,provide greater predictability to developers engaging in the development review process and is expected to result in additional medium- to large-scale developments in the area. 75A-15 GPA No..2018-3, AA No:2018-6, ZOA No. 2018-3, and SPR No. 2018-02 Metro East Mixed Use (MEMU)0verlay Zone. and Elan projects July 23, 2018 Page 12 ;Elan Mixed Use Proiect The Elan project is expected to produce up to 3,000 temporary jobs through construction and project management, and 125 permanent jobs 'in the commercial spaces (First Street commercial component and seven live/work lofts), and in onsite management and building service vendors (waste collection, pool servicing, fitness room maintenance, technology/IT, landscape maintenance; etc.). Its .valuation is currently estimated at $200,000,000, which will result in approximately $17,500,000 new fees for the City. Among these fees are approximately $8,000,000 in inclusionary housing in -lieu fees; These fees will allow the City to continue providing services to the community, portions of which will be reinvested in parks and community facilities in the project vicinity. The applicant's investment in the Elk Lane improvements is estimated to be $1,200,000. Finally, the large commercial component of the project is expected to produce additional sales and business taxes for the City. The project will be conditioned to reuire,Preservation of its commercial components in perpetuity and to maintain its property values tqhrough site maintenance and site management. Public Outreach The City held an information session/community meeting on September 7, 2017 at the Elks Lodge building, which is located on the project site. Over 100 members of the community attended. The meeting Was advertised on various forms of social media, through Neighborhood Initiatives staff, and through a mass -mailing to 2,800 recipients that included property owners, renters, and tenants that included a'500 -foot buffer surrounding the existing and proposed MEMU areas. Following the September 7, 2017 meeting, City staff and the Elan project's applicants attended two Saddleback View and Lyon Street neighborhood associations' meetings where the MEMU expansion and the Elan project were discussed. On January 22, 2018, staff presented a work-study session on the MEMU expansion and Elan projects to the Planning Commission. Members of the Planning Commission asked staff questions about the projects, timing, and separate parking study. Since the MEMU expansion and Elan projects inceptions, the City has maintained topical webpages that have been updated with relevant information; plans, and other information. City staff have also met with interested parties, including property -owners and tenants within and. outside. the MEMU project area. While there have been phone calls .and emails received throughout the course of this project, at the time of this printing, :no correspondence, either written or electronic, had been received from any members of the public. 75A-16 GPA No. -20118-3, AA No:2018-6, ZOA No..2018-3, and SPR No. 2018-02 Metro East Mixed Use (MEMU) Overlay Zone and Elan projects July 23,-.2018 Page 13 Strategic Plan Alignment Approval of this item supports Goal No. 3 Economic Development, Objective No. 2.(Create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), and Goal No. 5 Community Health, Livability, Engagement and Sustainability, Objective No. 3 (Facilitate diverse housing opportunities and support efforts,to preserve and improve the livability of Santa Ana neighborhoods) and Objective No. 4 (Support neighborhood vitality and, livability). Conclusion Based on the projects' analyses, staff recommends that the Planning Commission recommend that the City Council approve Subsequent Environmental Impact Report No. 2018-15 (SCH No. 2006031041) for the Metro East Mixed Use Overlay Zone expansion and Elan projects; General Plan Amendment No. 2018-03, Amendment Application No. 2018-06, and Zoning Ordinance Amendment No. 2018-03 for the MEMU Overlay Zone expansion project; and that the Planning Commission approve SPR No. 2018-02 as conditioned for the Elan project. Ali Pezeshkpour, AICP Senior Planner AP:sb S1PIanning CommisslaM201817-23-181GPA 18-3 AA 18-3 ZOA 18-3 MEMUIGPAI8-3 ZOA18-3AA18-3 SPR16-2 MEMU 07232018.pc Exhibits 1. Draft General Plan Amendment Resolution 2. Draft Amendment Application (Zone Change) and Zoning Ordinance Amendment Ordinance 3. Draft General Plan Amendments 4. Draft Sectional District Map 5. Draft MEMU Overlay Zone Amendments 6. Elan Project Site'Photo 7. Elan Project Site Plan 8. Elan Project Landscape Plan 9. Elan Project Open Space Exhibit 10. Elan Project Floor Plans 11. Elan Project Renderings 12. Elan Project Elevations 13. Draft Elk Lane Street Improvement Plans 14. Draft Subsequent Environmental Impact Report.(SEIR) and Appendices 75A-17 'LS 7.23:18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2018-15 (SCH NO. 2006031041) AND THE MITIGATION MONITORING AND REPORTING PROGRAM, CEQA FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS; GENERAL PLAN AMENDMENT NO. 2018-03 AND FOR THE PROPOSED METRO EAST MIXED USE OVERLAY ZONE EXPANSION AND AMENDMENTSPROJECT AND THE ELAN DEVELOPMENT PROJECT LOCATED AT 1660 EAST FIRST STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF.SANTA ANA AS FOLLOWS: Section 1. The City'Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana (City) is requesting approval of General Plan Amendment No. 2018-03 to amend the General Plan land use designation of 53 parcels located in the existing Metro East Mixed Use (MEMU) Overlay Zone. (OZ -1) and in the proposed MEMU expansion area to be consistent with the current land uses and proposed zoning designations in the MEMU project area. In addition, Wermers Properties (Applicant) is requesting approval of Site Plan Review No. 2018-02 to allow -a 603 -unit mixed-use development project at 1660 East First Street, which has been reviewed and approved by the Planning Commission subject to approval of this General Plan Amendment, and separate but related Amendment (Zone Change) and Zoning Ordinance Amendment applications. B. On July 23, 2018, during the 45 day public comment period, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution certifying Subsequent Final Environmental Impact Report No. 2018-15 (SCH No. 2006031041) and approving the Mitigation Monitoring Program, Findings of Fact and Statement of -Overriding Considerations; General Plan Amendment No. 2018=03; Amendment Application No. 2018-06; and Zoning Ordinance Amendment No. 2018-02 for the Metro East Mixed Use Overlay Zone expansion and amendments project. EXHIBIT 1 Resolution No. 2018-xx 75A-18 C. On August 21,2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Subsequent Final Environmental Impact Report No. 2018-15 (SCH No. 2006031041), General Plan Amendment No. 2018-03, Amendment .Application No. 2018-06; and Zoning Ordinance Amendment No. 2018-02 for the Metro East Mixed Use Overlay Zone expansion and amendments project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. D. Pursuant to the California Environmental Quality Act (Pub. Res. Code sec. 21000 et seq.; "CEQA"), and the State CEQA Guidelines the City has determined that a Subsequent Environmental Impact Report (SEIR) should 'be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the proposed project. Pursuant to Public Resources Code section 21067' and the State CEQA 'Guidelines (Cal. Code Reg., tit. 14 Sec 15000 et seq.) section 15051, the City is the lead agency for the proposed Project. 2. In accordance with CEQA, the recommended actions have been reviewed through an SEIR. Sections 15080 through 15097, and 15162 of the State CEQA Guidelines (Article 7) guide the process for the preparation of an EIR and an SEIR. 3. The California Environmental Quality Act (CEQA) requires that, where there is the potential for environmental impacts as the result of a proposed project, an EIR be prepared in order to study and analyzeany potential environmental impacts, disclose such potential impacts to the public, and mitigate such impacts to the greatest extent feasible. As such, an EIR was prepared for the original MEMU Overlay Zone in 2007 and was subsequently certified by the City Council. 4. An SEIR is prepared when an EIR has been certified for a project and the lead agency determines that one or more of the criteria listed under Section 15162 and 15163 of the State 'CEQA Guidelines are met. The City has determined that an SEIR is the most appropriate environmental document due to the .characterization of the proposed changes to the .project that was previously approved with the certified Final EIR for the MEMU Overlay Zone in 2007. The current SEIR has been prepared pursuant to the requirements of CEQA and discloses. the Resolution No. 2018-xx 75A-19 environmental impacts associated with implementing the proposed Project and includes mitigation measures that can reduce potential impacts to the extent possible or to below a level of significance. The proposed project will be consistent with the prior findings in the original 2007 Final EIR certified by the City Council, and significant and unavoidable environmental impacts disclosed in the 2007 EIR Would remain for air quality, noise, and transportation/traffic. However, development of the Elan project would result in a substantial adverse change to an. eligible historical resource (the now -vacant Elks Club building), which was not addressed in the 2007 EIR. As a result, preparation of the currenY.draft SEIR was required, and the draft SEIR analyzes and proposes mitigation for the demolition of the Elks Club building, 5. The SEIR, as required by CEQA, contains 1) an Initial Study; 2) a Project description; 3) a description of the environmental setting, .potential environmental impacts, mitigation measures for any significant effects, and consistency with plans and policies; and 4) names of prepares. The mitigation, measures included in this SEIR are designed to reduce or eliminate the potentially significant environmental impacts described herein. The scope of the SEIR evaluates the proposed project's effects on the following resource topics: air quality, cultural resources, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, transportation/traffic, and tribal cultural resources. 6. The City prepared a draft SEIR and published the Notice of Availability (NOA) in the Orange County Register as well as posted the NOA at the Orange County Clerk's Office on June 12, 2018. The City circulated the draft SEIR for a 45 -day public review between June 12, 2018 and July 27, 2018. The draft SEIR was available for public review at the Santa Ana City Hall, the City of Santa Ana Main Library, and on the City's website. 7. During the 45=day public review period, the City held a regularly scheduled public hearing with the Planning Commission on July 23, 2018, to receive comments regarding the draft SEIR. 8. The City received a total of written comment letters during the Public review period and evaluated all comments received.from the persons or agencies that reviewed the draft SEIR. Pursuant to Section 15088 of the State CEQA Guidelines, the City, as the lead agency for the project, has reviewed all comments received on the Resolution No. 2018-xk 75A-20 document. The City provided written `responses to all agencies and members of the public commenting; on the draft SEIR at least 10 days prior.to the City Council hearing. 9. The City has prepared a Final SEIR, consisting of comments and recommendations received during the 45 -day public review and comment period, written responses to those comments, and revisions and clarifications to the draft SEIR in response to those comments. For the purposes of this Resolution, the SEIR shall refer to the draft ,SEIR, including all of the technical studies and appendices to the draft SEIR, as revised by the Final SEIR's revisions, together with the other sections of the .Final SEIR, including all of the technical studies, attachments, and appendices -to the Final SEIR. 10. Findings of Fact with respect to environmental impacts, including environmental impacts identified in the Final SEIR as potentially significant, but which the City finds can be substantially lessened through the imposition of feasible mitigation measures identified in the Final SIER, are described in Exhibit A attached hereto and incorporated herein by this reference. 11. As a result of the environmental analysis in the SEIR, one significant impact was found from the construction of the proposed project that pertains to loss of an eligible historic resource. Accordingly, the City has also prepared a Statement of Overriding Considerations in compliance with Public Resources Code Sections 21081 and CEQA Guidelines Section 15093, which finds that specific economic, legal, social, technological, or other benefits of the proposed .project outweigh the significant and unavoidable impacts identified ;in the EIR, as described in Exhibit B attached hereto and Incorporated herein by this reference. 12. Mitigation measures have been provided to address potential environmental impacts, with a list -of these mitigation measures found within the attached Mitigation Monitoring and Reporting Program (MMRP) attached hereto as. Exhibit C and incorporated herein by this reference. Mitigation measures have been outlined to address potential impacts stemming from adoption of the original MEMU EIR and the 2018 MEMU expansion and amendments project's SEIR. Resolution No. 2018-xx 75A-21 13. All the requirements of CEQA and the State CEQA Guidelines have been satisfied by the City in the Final S_ EIR, which is sufficiently detailed so that •all of the potentially significant environmental effects of the proposed project have been adequately evaluated. 14. The Final SEIR prepared in connection with the proposed project sufficiently analyzes both the feasible Mitigation Measures necessary to avoid or substantially lessen the proposed project's ,potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects'in accordance with ,CEQA and the State CEQA guidelines. 16, All of the findings and conclusions made by the City Council pursuant to this Resolution are 'based upon the oral and written evidence presented to the City Council'as a whole and not based ,solely on the information provided in this Resolution. 16. Prior to taking action, the City Council has heard, been,presented with, reviewed and considered all of the information and data in the administrative record, including the Final SEIR, and all oral and written evidence presented to it during all meetings and hearings, all of which is incorporated herein by this reference. 17. The City has not received any comments or additional information that produced substantially new information requiring recirculation or additional environmental review under Public Resources Code sections 21166 and 21092.1 and State CEQA Guidelines section 15088.5. E. General Plan Amendment No. 2018-03 has been filed to amend the General Plan to change the land use designation of certain parcels located in the existing Metro East Mixed Use (MEMU) Overlay Zone (OZ -1) and in the proposed MEMU expansion area to be consistent with the current land uses and proposed zoning designations in .the MEMU project area. The amendments will designate properties located in both the existing MEMU area and in the MEMU expansion area as Urban Neighborhood (UN) or District Center (DC) as shown on Exhibit D. Currently, the land use designations of the properties are.inconsistent with the proposed OZ -1 designation. This project will require amendments to the Land Use and Urban Design elements of the General Plan to designate parcels in the MEMU expansion -area- Resolution-No. rea ResolutionNo. 2018-xx. 75A-22 either UN or DC, and parcels within the existing MEMU area a either UN or DC, to match current.or anticipated land uses. 2. The proposed project will be consistent with several goals and policies of the 2014 Housing Element. First, the project 'is consistent with Goal 2, which encourages diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types; income levels, and age groups to foster an inclusive community.. Second,,the project supports Goal 4 to provide adequate rental and ownership housing opportunities and supportive services. Further, the project is consistent with Policy HE -2.2 to create District Centers with high intensity, mixed-use urban villages and pedestrian -oriented experiences; and Policy HE -2.4 to facilitate diverse types, prices, and sizes of housing. The MEMU expansion and amendments project will result in an overall increase in land available for residential development. and will not impact the inventory -of housing •opportunity sites needed to achieve City's 2014-2021 RHNA allocation. 3. The City Council has weighed and balanced the General Plan's policies, both old and new, and has determined that based upon this balancing that General Plan Amendment No. 2018-03 is consistent with the purpose of the General Plan. Section 2. Certification. The City hereby certifies that (1) the SEIR has been prepared, processed, and noticed in accordance with CEQA and the State CEQA Guidelines; (2) the SEIR was presented to the City Council and the City Council has reviewed and considered the information contained in the SEIR prior to considering adoption of the project, and (3) the 'SEIR reflects the independent :judgment and analysis of the City Council and is deemed adequate for the purposes of making decisions on the merits of the Project: Section 3. CEQA Findings. The City hereby adopts the CEQA Findings, which were prepared in accordance with Public Resources Code section 15091 and Which are attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth herein. Section 4. Statement of Overndinq Considerations. The City hereby adopts the Statement of Overriding Considerations made in connection with the approval of the Project pursuant to CEQA Guidelines Section 15091, which is attached hereto as Exhibit B and incorporated herein by this reference as if fully set forth herein. Section 5. Mitigation Monitoring Program. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring Resolution No. 2018-xx, 75A-23 Program attached hereto as Exhibit C and incorporated herein by this reference. The City finds that the Mitigation Monitoring Program is designed to ensure that,,during the implementation of the Project, the City and any other responsible parties implement the components of the Project and comply with the mitigation measures identified in the Mitigation Monitoring Program. Section 6. Wildlife Resources. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR. § 735.5, the payment of Fish and Game Department .filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 7. Approvals. Based on the entire record before the City Council, all written and oral evidence presented, the CEQA Findings, the Statement of Overriding Considerations, and the Mitigation Monitoring Program, all attached and incorporated herein as Exhibit A, Exhibit B, and Exhibit'C to this Resolution, the City Council of the City,of Santa Ana hereby: A. Adopts the CEQA findings, adopts the Statement of Overriding Considerations, and certifies Final Subsequent Environmental Impact Report No. 2018-15, and approves the Mitigation Monitoring Program for the MEMU Overlay Zone Expansion and Elan projects; B. Approves General Plan Amendment No. 2018-03; and, These decisions are based upon the evidence submitted at the above said hearing, which includes,. but is not limited to: the Request for Council Action dated August 21, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 8. Indemnification. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its ,approval of this project, and any approvals associated with the project, including, without limitation, any CEQA review or approval, except to the extent caused by the sole.negligence of the City of Santa Ana. Section 9. Ordinances. This Resolution shall not :be effective unless and until Ordinance No. NS- (AA No. 2018-06 and ZOA No. 2018-03) and Ordinance No. NS- become effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void .and have no further force and effect. Resolution No. 2018-xx 75A-24 Section 10. Judicial Review. These decisions rendered by the City Council ,of the City of Santa Ana are final and are subject to judicial review pursuant to Califomia Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. Section 11. Location of Documents and Custodian of Records. The documents and materials that constitute the record of proceedings�on which the CEQA Findings in Exhibit A of this Resolution have been based "are .located at 20 Civic Center Plaza, Santa Ana. 'The custodian for these records is the, Santa Ana Clerk of the Council. This information is provided in compliance with Public Resources Code section 21081.6.. Section 12. Notice of Determination. The City'Council hereby directs staff to file'a Noticeof Determination with the nty of Orange within five (5) working days of final Project approval. 'Cou ADOPTED this _ day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By'. Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Resolution No. 2018-xx Councilmembers 'Councilmembers Councilmernbers Councilmembers :2018. Miguel A. Pulido Mayor 75A-25 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest.to and certify the attached Resolution No. 2018-xx to'be the original resolution adopted. by the City Council of the City of Santa Ana on. 12018. Date: Clerk of the Council City of Santa Ana 75A-26 Resolution No. 2018-xx ORDINANCE NO. NS=XXXX AN ORDINANCE OF THE CITY COUNCIL .OF THE CITY OF ,SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-06 REZONING VARIOUS PROPERTIES LOCATED ALONG THE FIRST STREET CORRIDOR AND ZONING ORDINANCE AMENDMENT NO. 2618-03 AMENDING THE METRO EAST MIXED USE OVERLAY ZONE (OZ -1) THE CITY COUNCIL OF THE. CITY OF SANTA ANA DOES :ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds; determines and declares as follows: A. In 2007, the City Council approved and adopted the Metro East -Mixed Use (MEMO) Overlay Zone (OZ -1). The MEMU was intended to provide the framework for future redevelopment of a 200 -acre section of the City along First and Fourth streets between the Santa Ana (1-5) and Costa Mesa (SR - 55) freeways. B. Since 2007, one development project has been constructed and three others entitled that are consistent with the goals and objectives of the MEMU. However, changes to the development market following the recession have resulted in the need to modify the MEMU in order to continue to further the goals of the plan while implementing a regulatory framework that protects the health, safety, and welfare of the City: C. Amendment Application No. 2018-06 has been filed by the City of Santa Ana to apply the OZ -1 designation to approximately 52 parcels located along First Street between Grand Avenue and the Santa Ana (1-5) Freeway and along Lyon Street and Elk Lane between First Street and Chestnut Avenue (Exhibit A). D. The OZ -1 designation of the various parcels as shown on Exhibit A will allow, additional development opportunities of these parcels into mixed-use developments, thereby being consistent with the goals and objectives of the MEMU. E. Zoning Ordinance Amendment No. 2018-03 will amend the existing MEMU, a copy which is available at the Planning Division Public Counter and Main Public Library, or viewed on the City's MEMU webpage. The amendments will create greater consistency among the MEMU and other fonn-based codes that have been adopted since 2007, including the Transit Zoning Code and Harbor Mixed -Use Transit Corridor Specific Plan (Exhibit B). EXHIBIT 2 Ordinance No.'NS-XXXX 75A-27 F. On July 23, 2018, the Planning Commission held a duly noticed 'public hearing and voted to recommend that the City Council adopt an 'ordinance approving AmendmentApplication .No: 2018706. This action will be consistent with the General Plan, as- amended by .General Plan Amendment No. 2018-03, and Zoning Ordinance Ainendnient No:'2018-03 to amend the MEMU. G. The City Council, prior to taking action on this'ordinante, held_ a duly noticed public hearing on August 21, 2018. H. The City Council also adopts as findings all facts presented in the Request for Council Action dated August'21, 2018 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2018-06 and Zoning Ordinance Amendment.:No. 2018-03 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning districts is found to be consistent with the 'General Plan .of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council has reviewed and considered the information contained in the previously -approved Environmental Impact Report and the Subsequent Environmental Impact Report for the Metro East Mixed Use Overlay Zone (SCH No. 2006031041) prepared with respect to -this project. The -City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the proposed Subsequent Environmental Impact Report for the Metro East Mixed Use Overlay Zone meets all of the requirements of CEQA. Section 3. This ordinance shall not be effective unless and until Resolution No. 2018- (Subsequent Environmental Impact Report No. 2018-05 and General Plan Amendment No. 2018-03) are adopted and become effective. If said resolution and ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise.does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 4. If any section, subsection, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence,,clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXXX 75A-28 ADOPTED this 21st day of August, 2018 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R.'Carvalho City Attorney By: . Use Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-29 Ordinance No: NS-XXXX City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division Adopted February 2,1998 (Reformatted January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan land Use Element adopted by the Santa Ana City Council February 2,1998 (GPA 1997-05): GPA 2017-D1 GPA 201603 GPA 201002 GPA 2016-01 GPA201303 GPA 20102 GPA 2014-01 GPA 2018) GPA 2018) GPA u 19,2017) GPA 2017) GPA 21, 2017) GPA GPA 2006-01 GPA 2005-02 (October 17, 2005) GPA 2004-01 (April 5, 2005, as passed by the voters of Santa Ana) GPA 2004-04 (July 19, 2004) GPA 2004-06 (July 6, 2C04) GPA 2003-02 (June 16; 2003) GPA2003-01(February 18, 2003) GPA 2002-01 (September 3, 2002) GPA 200243 (August 19, 2002) GPA 2001-03 (February 19, 2002) EXHIBIT 3 75A-30 GPA 2001-02 (January 7, 2002) GPA 2000-09 (May 7, 2001) _ GPA 2000-08 (February S. 2001) GPA 2000-03 (December 4, 2000) GPA 2000-02 (November 20,200D) GPA 199302 (October 18, 1999) GPA 1999-01(Augusl16,1999) GPA 1990-04 (October S, 1998) GPA 1998-05 (September 21,1998) GPA 1998-01(May 4. 1998) LAND USE ELEMENT areas. To encourage a dynamic mixture of residential, office and commercial uses, within these areas both building intensity and residential density is based on floor area ratio and zoning development standards. In calculating either the allowable floor area or the allowable residential density, it is the City's policy to not allow upward rounding. The Land Use Plan is illustrated in Exhibit 2. Additional information concerning the Land Use Plan and the land use designations is provided in Table 1 (Land Use Development Intensity Standards), and in the Appendix. Table 1 Standards Densfty/intensity Standards Land Use Desidnation I idutacre - FARM Residential (LR -7) i Density Residential Medium Other District Center (Midtown, MacArthur Place, etc.) 90 du/acre and FAR 1.0-2.0 Heritage District Center FAR 1.7 FAR 3.0 FAR 5.0 FAR 5.0 Urban Transit Zoninn Code Area/ First Fifth 817" Street Corridor I FAR 0.5-1.5 FAR 0.75.1.5 Professional and Administrative Office (PAO)FAR 0.5-1.0 General Commercial (GC) FAR 0.5-1.0 One Broadway Plaza District Center (OBPDC) ° 1 FAR 2.9 Industrial Open Space (0) FAR 0.2 Notes: The intensity standards shown refer to the theoretical maximum amount of development permitted for each land use designation (du -dwelling units; FAR -floor area ratio). Development must also adhere to zoning regulations, and/or specific plan requirements. e The District Center and Urban Neighborhood land use designations permit both residential and non-residential development. Commercial intensities may vary. Baseline FAR is 0.5. Specific areas allowing greater intensities are indicated in Exhibit A-3. ° One Broadway Plaza District Center land use designation permits office, restaurant and ancillary 11 retail for a master planned development 1 �- *Refer to Appendix for description of Land Use designations. CITY OF SANTA ANA GENERAL PLAN 15 75A-31 LAND USE ELEMENT LAND USE PLAN IMPLEMENTATION To effectively achieve the broad range of goals outlined for the City's future growth and development, a variety of plans, programs, and regulations must be relied upon. This section of the Element discusses these tools, and how they correlate with implementation of the City's land use goals. DEVELOPMENT INTENSITY STANDARDS Table A-1 summarizes the development intensity standard for each ofthe General Plan designations, and provides land use distribution by acreage for the land use. The intensity standards for the categories permitting residential development are expressed in density, measured in "units per acre," or floor area ratio and zoning development standards in the case of certain Mixed Use land use designations. The intensity standards for non-residential development are expressed as "floor area ratio" or FAR. The FAR concept is illustrated in Exhibit A-3. The intensity standards in concert with the zoning and development standards regulate the massing, form and building size. Table A-1 du - dwelling unit, FAR - Moor area ratio Residers ial development is not a pemided use. CITY OF SANTA ANA GENERAL PLAN A-11 75A-32 LAND USE ELEMENT The City established development intensity standards in 1988, for nonresidential land use designations. The standards measure intensity through the use of floor area ratios. The floor area ratios proposed for the City's major commercial corridors are expected to remain in place over the life of the Land Use Element. Those areas of the City proposed for the most intensive levels of development include district centers, professional and administrative office districts, and several other commercial centers with a unique character, or special development concerns. Some of these areas correspond to those for which Specific Plans have been prepared. The proposed floor area ratio(s) for most of the City's commercial corridors allows structures of two to three stories with surface parking. The major development areas -the District Centers and Professional/Administrative Office Districts along Tustin Avenue and East First Street -allow mid -rise and high-rise buildings with structured parking. These areas are expected to generate the highest level of development activity in the City as centers of commerce. These areas are listed in Table A-2 and are shown in Exhibit A-4. The floor area ratios indicated in Table A-2 arc the maximum building intensity allowed for development. --'--A-12 75A-33 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other dcsignationsi District Center and Urban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: • The Low Density Residential (LR -7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre; Development in this category is characterized primarily 'by single-family homes. This designation applies to a large proportion of the City (6jSfr.96,4 44.6 -acres) reptesenting 47 percent of the City's total land area. • The Low -Medium Density Residential (LMR -11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in thi's designation is approximately 420.6 acres. The great majority of the land designated as Low -Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. The Medium Density Residential (MR -15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, ora combination of both. A total of376 1362.3 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple -family development projects. -r L CITY OF SANTA ANA GE14ERAL PLAN A-19 75A-34 LAND USE ELEMENT' 'Commercial The Land Use Plan identifies three land use designations that encourage a variety of office, retail and commercial enterprises to serve the community. The Professional/Administrative Office (PAO) designation applies to those areas where professional and/or administrative offices are predominant, or where such development is being encouraged. Land included in .this designation is found primarily near the Civic Center, and along the First Street and Tustin Avenue Corridors' in close proximity to freeways. There are other smaller PAO areas in the City such as along North Broadway and along portions of east and west Seventeenth Street. A total of 612.1600.8 acres is included in this land use designation. The floor area ratio intensity standard applicable to this land use designation ranges from 0.5 to 1.0. The Professional and Administrative Office areas are intended to provide a unique environment for office development in those areas of the City where office uses are,the predominant land use. The purpose for maintaining and supporting'these areas exclusively for office and office -related uses is to encourage majoremployment centers at locations which significantly lessen the impact to the City's local street system. The First Street/Tustin Avenue office corridorbetween the Santa Ana (1-5) and Costa Mesa (SR -55) Freeways serves this purpose. In addition, the orderly, well-maintained quality of existing development supports a continuation of these areas as functional office/employment centers. The Professional and Administrative Office designation includes a range of floor area ratios to differentiate development intensity and character in relation to adjacent land uses. The areas with a FAR of 0.5 are not major office centers, but rather have an established character of lower intensity garden offce and professional service uses. These areas are typically adjacent to low density residential neighborhoods, or are converted residential office uses. Office development along East Fourth Street, between Grand Avenue and the Santa Ana Freeway, is typical, of this low-rise office character. The PAO area located adjacent to the Civic Center contains a range of office development intensity which supports the City's functional role as the government center of the County. The types of uses typically located in the PAO district include the following: • Professional and administrative offices/office parks; Service activities such as copy centers; courier services, travel agencies, and restaurants when such uses are an integral component of planned office development; and Professibnal uses such as accountants, attorneys, doctors, engineers, and insurance brokers. I I A-20 CITY OF SANTA ANA GENERAL PLAN. 75A-35 LAND USE ELEMENT The General Commercial (GC) district applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a Floor area ratio of 0.5 -1.0, though most General Commercial districts have a FAR of 0.5. A total of885..8 853.3 acres ofland is included in this designation. General Commercial -districts are key components in the economic development of the City. They provide highly visible and .accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural' and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. The General Commercial development standards are based ,upon the character and intensity of development, as well as the degree of access and market demand for these properties. The relationships to adjacent land uses, are also considered. Uses typically located in this district are: • Business and professional offices; • Retail and service establishments; • Recreational, cultural, and entertainment uses; and • Vocational schools. General Commercial Districts have a floor area ratio of0.5 with the exception of the Mid -town area which has an Floor area ratio of up to 1.0. One Broadway Plaza District Center is a separate land use designation as it has an F.A.R. of 2.9, which exceeds the typical District Center intensity limit. Additionally, it does not include a residential component. One Broadway Plaza is envisioned as a landmark professional office complex that will be a focal point in the Downtown Redevelopment area serving the Civic Center complex, Downtown, and Midtown urban areas. The City's District Centers and major development areas are shown in Exhibit A-5. CITY OF SANTA ANA GENERAL PLAN A-21 75A-36 2 L LAND USE ELEMENT Mixed Use The Land Use Plan provides for two distinct mixed use land use designations. These designations allow for both vertical and horizontal mixed use developments, with an emphasis on linkages to a range of transportation options: The District Center (DC) land use designation includes the major activity areas in the City. Seven areas of the City, totaling 665-5681.1 acres, are designated as District Center. The intensity standard For the District Center designation ranges from a Floor ratio of 1.0 to 5.0. District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate'major development activity. District Centers are to be developed with an urban character that includes a mixture of high- rise office, commercial, and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. Residential developments within some District Centers are allowed at a density of up to 90 units per acre when developed as an integral component ofa master planned mixed use project. In Harbor Corridor, Metro East, Downtown, and Transit Village District Centers residential development intensity is based on a combination of floor area ratio and zoning overlay and/or development standards. Some District Centers serve as major retail and employment centers locally and regionally, and should include development which promotes the City as a regional activity center while creating an environment conducive to business on a regional scale. District Centers in Santa Ana include'the following: • The Main Place/City Place District Center includes a regional shopping center and office complex, as well as high intensity housing and mixed-use development. The Museum District located between the Downtown and MafnPlace/City Place District Centers is proposed as a major office/cultural center which will be developed over the next 15 to 20 years. The area will focus upon the expanded Bowers Museum, the Discovery Science Center and the construction of additional museums and cultural centers. The Downtown District serves as one of the County's major employment and governmental operations centers complemented with a mix of residential', commercial, and services uses to enhance its urban vibrancy. Emphasis on streets that accommodate all modes of transportation, including mass transit, pedestrian and bicyclist is key in this urban setting. A-22 CITY OF SANTA ANA GENERAL PLAN 75A-37 LAND USE ELEMENT The intensity standard for the Urban Neighborhood ranges from a floor area ration of 0.5 to 3.0; withresidential density based on a combination of floor area ratio and zoning development standards. A total of -2 9-1313.4 acres of land in the City are designated Urban Neighborhood. Industrial The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections of the City. A total of 2,152.8 acres of land in the City is designated as Industrial... The maximum floor.area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic 'health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base.by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: Light and heavy product manufacturing and assembly. • Commercial uses which are ancillary to industrial uses in the district. Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties ofapproximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of 800.6 acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of 1,010.9 acres are.included in this .land use designation. Of this total, 358 acres of public parkland is included in this land use designation. A-24 CITY OF SANTA ANA GENERAL PLAN 75A-38 LAND USE ELEMENT Exhibit A-5 Major Development Areas 1-MainPlace 2 - Museum District 3 - Downtown 4 -One Broadyway Plan 5 - Southcoast Metro 6 - MacArthur Place CITY OF SANTA ANA GENERAL PLAN 7 -Tustin Avenue Corridor 8 - Metro East 9 -Transit Village 10- Harbor Mixed -Use Corridor 75A-39 — • — City Limits 0 0.6 1.2 Miles Z� _J z J � A-25 City of Santa Ana General Plan Urban Design Element 1998 City of Santa Ana Planning Division Adopted July 6, 1998 (ReformaHed January 2010) This document includes revisions to the Urban Designs Element adopted by City Council March 19, 2007 (GPA 2007-01) and as passed = by the voters of Santa Ana April 5, 2005 (GPA 2004-01) and GPA 2018-0I (oeadirsO. 75A-40 URBAN DESIGN ELEMENT Exhibit 4 City Form Map l__J pistsRt Nelgfibashaods PaNt Traveling RaNes ® : m:0.sfinallon Polnls FasyslnttnMlans: Loral Ap¢a ® Lardmsrks: Fo[alPdnb Gateways lysivalPdnls City L'vdts W a ah 1.2Miles r n 1� f� rj, ` r`I,�11 ti '\ CITY OF SANTA ANA GENERAL PIAN 21 75A-41 URBAN DESIGN ELEMENT Exhibit 5 Districts 1. Trask Fairview 12. Downtown 23. South Harbor Blvd. 2. Northwest 13. Broadway 24.Thorton Park 3. North Main 14. French Park 25. Bristol Manor/SE Side/Delhi 4. Park Santiago 15. Intercity/RTC 26. Freeway Window 5. Cabrillo Park 16.4th St. Professional 27. Armstrong 6. West Side 17.Tustin Ave. 28. South Coast 7. Harbor Blvd. 18. Midcity 29. Sand Pointe 8. Santa Ana 19. Central Historic 30. MacArthur Place/Hutton Center 9. Artesia Pilar 20. South Main 31. Freeway Corporate 10. Washington/Willard 21. Eastside 32. Metro East o 04 I.2mhe 11. Flower Park 22. Southeast Industrial - • - City Limits CITY OF SANTA ANA GENERAL PLAN 23 75A-42 URBAN DESIGN ELEMENT Exhibit 7 Nodes 1. Main Place Mall 2 'Main SL Concourse 3. MacArthur Place 4. Mutton Center 5. South Coast Bristol 6. Civic Center 7. Dawnto.W41h StlArtist Village & One Broadway Plaza 9. Bwrers Museum CITY OF SANTA ANA GENERAL PLAN 10. Tustin Ave, South of 17th St. 11. Santa Ana Zoo Il. Centennial Park 13. Willosvick CWCourse 14. Bristol Marketplace 15- Rancho Santiago College 16. Regional Transportation Center 17. Metro Fast 18. Habor Corridor Plan 75A-43 --- City Limits 0 0.6 12 Miles f -t 29 75A-44 ]k({E0 �2IIIIt$II$I 0a2 ( » 75A-44 LAND USE ELEMENT Table A-4 Land Ilse Plan Build -not Canpeltips Institutional I 6,974,740 sf Intensity/ Effective Buildoul' Theoretical Land Use 8,606,961 sf Acres tensity T_21 1,811.5 I Bufldiful a Low Density Residential LR -7 tic 454 6 7 durac I 45 8 du Low Medium Density Residential LMR -11 420.6 11 du/ac 4,627 du Medium Density Residential MR -15 376e4 15 d_2 - 3u/ac F-EW5 Subtotal 7;267:5 ' 47.p — 93-844 MAR 5&.M ,',- 37.5 95243 du' 55 243 du 1 !i Pill if District Center Others OC 309.5 90 du/ac FAR 1.0.2.0 11,955,583 sf 3,017 du 23,764,534 s 3,017 du Heritage DC 18.8 FAR 1.7 54,090 st 1,221 du 54,090 s 1 1,221 du Downtown DC 62..p5 FAR 3.0 2,,0�5,,7,,8�2,4�sf/ 1,661 du 2,057,824 sl 1,661 du Metro East DC O" FAR .975-3.0 3 N �v' 5CvuCS1 .i„ C du O'0)V5.37dut' 2•p9.356sf_5.037du 402,864 sf 77 s: 03 Transit Village DC 51.4 FAR 5.0 2,761 du 402,864 sl 2,761 du Harbor Corridor OC 125.0 FAR 5.0 1,836,155 sf 2,029 du 1,836,155 s 2,029 do Urban Neighborhood I UN ,13 " FAR 0.5.3.0 1'483'117 sf 5529 du 483117 s; 5 529 du Subtotal 994.5 20.568.989 sl 21.255 du 32.020.458 s21,2550 u 844 6 28;428;429-e 7 21.256 du sf i 2i -256 -du Professional & Admin. Offices. PAO CIA FAR 0.5.1.0 42;339;872 600.6 3 Ol • 85.424 sf General Commercial GC 3 FAR 0.5-1.0 +n ana voenna voe 8865 1849,2A34 sfst 8 7256 e e s One Broadway Plaza District Ctr' OBPOC 4.3 FAR 2.9 543,193 sf 543,193: Subtotal 4;592:5 33;473;989 14y60_.4, 32.257.051 sf 63.970.909 s1 Industrial 1 IND I* 2,152.81 FAR 0.45 1 42,199,991 sf I 42,199,991 sf Institutional INS 800.61 FAR 0.2-0.5 1 6,974,740 sf I 17,436,850 sf Open Space I OS 1,010.9 FAR 0.2 8,606,961 sf 8,606,961 sf Subtotal 1,811.5 15,781,701 sl 26,243,811 sl ' Effective capacity for non-residential development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Corridor District Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mature of residential and non-residential development based on the zoning development standards. Residential effective capacity was calculated by adding the fj,265 § N-. nits passible In the District Center and Urban Neighborhood with the erdsting 74,588 (Census 2000) housing units:! Land use designation permits both residential and non-residential development Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residential; with the exception of Town and Country Manor project Intended for continuum of care and housing seniors. ' Land use designation permits high intensity office development with ancillary retail use. T1 i nils fable has been revised to correspond wth Me GIs land Use Map iflusbaled in Eurhibit2 F y_ i,Y- -=I r, CITY OF SANTA ANA GENERAL PLAN A-35 75A-45 75A-46 a a Q x - - CL O c w o a w>/) Q a a �ocnLL n EE v ° a n i z O J O U' 1� 011 S D _XY-eEo"E4o€:� .wig€8�'$as€�-e�° O 92UZZ22UI000EaM�43x22629F=E I AdAdddwddd��A:dd�ddnnnrvrvrv� ^we •3�'gawa'Si .B'88 Y'S�a• — S ' � D I C � a. m 75A-46 Rt GRt-B_ 6��3f R, -B J Lz ,G w L& �`�' J� L6 17TH ST ¢� CISm .�. WfB __ C6 rcT R11 LSf NS Ic L ij da, _ I T "3 s • �If I es I s ,.rx ?x l 7cj, _IC6 Y y WEWxoi_OPx�ew�/$$�, MLU M, Av ._ a fi. Ii11�Le11� i� ill% P i wan 3 h ✓�(R',F I L R1.�u�1111JIi�[ 1111fl11�9 Q al,liillllir� v' Y n lancx m ®11� til P —J 4 cz ' `0x° 1 AimPD Aii6PD j iaurtsr _ a:'11 la a _ MUff STa iRDrtsr Z "Ivrtn �Rs '�`� x_ =t flRoL ( -7 xsrF=- h I4. yA f11IL _ R Sp31 Z f 11I I V( Q RO n otc mx0 x __j -1 PIOn, v pzt 4- B__j P 6 P v P � 4TH ST m cz:� mz �O ' 1 Bi -j c RI a] .A T SDSYOZa ,.. Lam, ©® L9��R{{RRRT a20Z1 u�,� _ RR CZ/Ont^ p OFt CYOZ, s I '.CS'OM cvmi 011021 �� •a CDO 1 t I L'IIOZ, CZIOL, p .r. Em 1..— i ar cs�inox, n M+ coon Isoeelon cvort �� , \ cvoz evon `� '^ b`p n -s -a wiw DA tznsm n -s -a BJP ZONING DISTRICTS Al GENERALAGRDULTURAL CSM SOUTH MANSTREETCOMMERCIAL DIST. R2 TWO-FAMLYRESIDENCE -B PARKING MODFDATION C1 COMMUNRYCOMMERCIAL GC GOVERNMENTCEITER R3 MULTIPLE-FAMILYRESDENCE -OZ OVERLAYZONE C1MD COMMUNIMYCONWERCIAL-MUSEUMDIST. M1 LIGHT14DUSTRAL R4 SUBURBANAPARTMENT PLANNEDRESDENTAL C2 GENERALCOMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE PRO DEVELOPMENT C4 PLANNEDSHOPPNGCETTER O OPENSPACE SO SPECIFIC DEVELOPMENT -HD2 HEIGHTDISTRICTII C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFICPLAN CR COMMERCLALRESDENTIAL R1 SNGLEFAMU_YRESIDENCE OZI METRO EASTOVEiLAY ZONE SECTIONAL DISTRICT MAP: 8-5-9 CITY OF SANTA ANA. CALIFORNIA Exhibit 4 75A-47 L y0 8 -SA + 8-5-9 '1i N' J DLD:, C. i1D2, z LLDZ, ar IOC UaV!. 'I Z cvo Nov � z � onoa� soe6ron c oal a oa, � � Ml x C�OLi L Lt yuLM4�i A 5S � (<11.0211 �\ C Ol� P/t OZt CYOiie•i C61021y {rI Ml R9lOa1 � � CHESTNU iA4 C}jESINUJ AV 'q� �� •`••� IMI. si'_. �.�•_� cz SD16 R< XVMERAV �raR�-� r,� I 1 I V4XEHMIA� R D 1 Q 0 �R3 ' XORM4lpY VLL L% [M'll x00.Y�MH➢y ¢I M1 LS - p1 NICFAD EV�.._.�. — — — —..� — — — — 0 fM a _ 3 MISxIREAV � ' ISHIpEPV s` � YISHIREAV p y, i SOBS ( I M1 SDW D m P {`e 20-5-9 pclxr Dwrt:1L19rt! 20-5-9 w]\ ZONING DISTRICTS Al GHNERALAGRDULTURAL CSM SOUTHMANSTREETCOMMERCAL DIST. R2 TWO-FAMILY RESIDENCE -B PARKING MODIFICATION C7 COMMUNTTYCOMti1ff2CAL GC GOVHRNMENTCENTHR R3 MULTIPLEFAMLY RESIDENCE -OZ OVERLAYZONE C1MD COMMUNTTYCOMMERCAL-MUSEUM DIST. Ml LIGHTNDUSTRIAL R4 SUBURBANAPARTMENTPRD ANNEDRDTAL PL6HN DEVELOPMENT C2 GENERAL COMMERCIAL M2 HEAVYNOUSTRAL RE RESIDENTIAL ESTATE C4 PLANNEDSHOPPNGCENTER O OPENSPACE SD SPECIFIC DEVELOPMENT -HD2 HEGHTDSTRICTH C5 ARTHRAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL R1 SNGL6 FAMILY RESIDENCE SECTIONAL DISTRICT MAP: 17-5-9 CITY OF SANTA ANA, CALIFORNIA Exhibit 4: 75A-48 Table of Contents Section 1 Purpose and Objectives 1 Section 2 Applicability 3 Section 3 Development Districts 5 Section 4 Development Standards 9 Section 5 Design Principles 24 Section 6 Signs 28 Section 7 Compatibility/Operational 30 Section 8 Standards Implementation 31 FIGURES Figure 1: MEMU Overlay Zone Location 3 Figure 2: MEMU Overlay Zone Development Districts 5 TABLES Table 1: District Descriptions 7 Table 2: Development Standards Summary 9 Table 3: Land Uses 10 Table 4: Building Setbacks 21 APPENDIX Metro East Public Realm Amenity Plan 1.0 PU 1.1 PURPOSE e and ®biectives The purpose of the Metro East Mixed Use Overlay Zone, hereinafter referred to as the MEMU Overlay Zone, is to introduce development forms and uses that will provide for the creation of a high-intensity, mixed-use urban village within a previously developed mid -rise to high-rise office environment. This chapter establishes standards which will fulfill the following major objectives for this mixed-use urban village area. 1.2 OBJECTIVES Mixed-use urban village prototype The Metro East Mixed Use Overlay Zone is intended to create a unique urban environment that achieves the following objectives: a. Create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other. b. Facilitate well-designed new mixed-use development projects that combine residential and nonresidential uses through innovative and flexible design solutions. c. Achive the harmonious integration of new mixed-use development within the existing fabric of the mid - rise and high -rise office environment and commercial land uses. d. Encourage urban form anc achitecture that incorporate contemporary design styles and solutions as well as the use of sustainable building and site design concepts such as green buildings, energy -conserving building materials, and landscaping designs that reduce water consumption. e. Create highly-amenitized streetscapes that provide items such as landscaping, street furniture, niche or linear parks, passive and active water features, public plazas and courtyards, public art, and public transportation shelters in a design that integrates the public realm with adjacent private development and serves to create a distinct identity for the district. Contemporary design solutions f. Provide for an appropriate interface of land uses and development intensities relative to the Transit Zoning Code area, the Santa Ana (1-5) Freeway, and the Costa Mesa (SR -55) Freeways. g. Create a highly -integrated pedestrian system that provides for connectivity between the residential areas and public recreation amenities to the north and the MEMU Overlay Zone area. Active urban mixed-use Street -facing retail h. Provide for active street life through the inclusion of dedicated pedestrian -oriented design and active uses on the ground floor at strategic location. i. Provide for a mix of housing in order to encourage a continuum of living and a variety of household types. Ensure that each project includes exceptional site planning, unique architecture, high-quality building materials, extensive open space, indoor and outdoor amenities and first-rate public improvements. Ground -floor commercial space at strategic comer k. Encourage parking solutions that provide for adequate parking to ensure the long-term quality of the project, but that are creative in their design thereby enhancing the area's urban form. Parking requirements are designed to create a level of scarcity that will discourage vehicle trips, increase pedestrian activity, and enhance the provision of high-quality building and site design. I. Facilitate project designs that encourage adequate amounts of retail or commercial space to service residents and/or employees within the development and the larger Metro East Overlay Zone area. M. Allow for the development of varied residential types in a mixed-use configuration including, but not limited to loft -style units, live/work units, attached row houses, and high-quality stacked flats. n. Provide adequate access for public safety services. o. Stimulate investment and reinvestment in the area through the provision of a comprehensive planning framework that facilitates private -market success. p. Provide for an alternative set of zoning regulations than is provided for by the underlying zoning district . q. Implement the City's General Plan. Unique architecture Contemporary building materials 3 y I ."yNcS� a - metro east mixed-use overlay zone i, u ��F ta4144 j .,'1iG 2.1 APPLICABLE REGULATIONS These provisions shall apply to all properties within the MEMU Overlay Zone, but do not supersede the underlying zoning districts. All new development within the MEMU Overlay Zone will be subject to the requirements and improvements required in the Metro East Public Realm Amenity Plan, which is included as an Appendix. Definitions of terms not found within the MEMU Overlay Zone are found within SAMC Chapter 41, Article 1, Division 2. 2.2 CONTINUANCE OF DEVELOPMENT RIGHTS UNDERLYING ZONING DISTRICT STANDARDS All regulations, development standards, and requirements in the underlying zoning districts shall continue to apply to those properties that are currently developed according to the existing standards. New properties may also be developed to the existing underlying zoning district provided that all standards and requirements of the underlying zone are met. 2.3 OPTION TO APPLY THE MEMU OVERLAY ZONE Properties within the MEMU Overlay Zone may choose to develop to the standards of the underlying zoning districts or to the standards contained within this MEMU Overlay Zone. In order to exercise the option to develop under the MEMU Overlay Zone district, a MEMU Site Plan Review application approved by the Planning Commission shall be required. In granting such approval, the Planning Commission must find that the proposed development is in compliance with the provisions of the MEMU Overlay Zone and the Findings in Section 8.2 of this code section. In order to facilitate project and site design consistent with the provisions of this MEMU Overlay Zone, any development proposal for exercising use of the MEMO Overlay Zone shall be designed so that any primary use within the development is located within a newly constructed building. No primary use or uses shall be located in a building that has been rehabilitated or is otherwise the reuse of an existing building. 2.4 USE OF PHOTGRAPHS Photographs are used liberally throughout this document and are intended for illustrative purposes only. Specific development standards and regulations contained in this document are the controlling language for purposes of development regulation. 3.0 Development Districts This section delineates the development districts within the MEMU Overlay Zone (Figure 2) and describes the overall form and character of each District (fable 1). There are four development districts in the MEMU Overlay zone that differ in the permitted land uses and development intensity as determined by their location and adjacency to sensitive land uses and freeways as shown on Figure 2. The Village Center District contains a pedestrian -oriented area designed to serve a central core for the Metro East area. Developments within the Village Center core are allowed at a slightly greater intensity to facilitate the role and function of this area as an activity node within the Metro East area. Table 1 provides general descriptions and representative images of the character of each District within the Metro East Mixed -Use Overlay Zone. ® MEMU Overaly Zone Boundary Figure 2 MEMU Overlay Zone Development Districts Neighborhood Transitional District ® Village Center District Active Urban District ® Office District Pedestrian - Oriented Design at Ground Level Potential Roadways Figure 2 MEMU Overlay Zone Development Districts rn } LU & 5`m` F �ykLU Q � as `i ' • FOURTH .S,TiREET _ all y g ? r VIP1 /'.' r Y1 , �i1i3'I'� iF21RS�Ti �STREETL'. I Q kr it 1 _ w.a8 � � -kf F ; �•' � '`' � NORTH NOTTOSCALE Neighborhood Transitional District The Neighborhood Transitional District is intended to provide opportunities for development that acts as a transition between the single-family residential to the north and the adjacent high-intensity Active Urban District. Designated for the lowest scale and the lowest intensity of uses in Metro East, development in this district is limited to residential, live/work, small scale neighborhood serving commercialor office uses. These uses may combine office on the ground floor with residential above or in freestanding single- use buildings on the same site at between two and three four (2-34) stories in height. New development in this area will be designed to provide an appropriate interface with high levels of landscaping and design features that minimize impacts to the adjacent single family residential area to the north. Villaae Center District The Village Center District is intended to serve as the focal point and central gathering place within Metro East in well-designed highly connected development sites and public spaces. The District will provide a high level of neighborhood identity and activity through its central location and emphasis on creating a vibrant, attractive, and highly -interconnected pedestrian environment. Opportunities will be provided for shopping, dining, recreation, entertainment and services accessed by extensively landscaped, wide sidewalks that allow free flow between jobs, housing, and retail and commercial services, or opportunities for leisure walking within the District. The Village Center will provide commercial, office, and residential uses in the same building or on the same site in mid -rise buildings of #Fern six to ten (6-10) stories in height, in settings that provide open spaces, niches, and areas for gatherings and activities along streets, paseos, and interconnecting walkways that link the Village Center to adjacent districts and nearby public parks to the north. This District contains a pedestrian -oriented area designed to serve as a core activity center for the Metro East area. Developments within this core area along Fourth Street are allowed up to ten (10) stories in height to enhance the function of this area as a major activity center. Active Urban District The Active Urban District is intended as the location for well-designed high rise mixed use developments in a highly urbanized environment that s= t capitalizes on the exposure and access provided by two adjacent freeways, the j? "r Santa Ana (1-5) and Costa Mesa (SR -55), and three, major arterials (First and Fourth Streets and Tustin Avenue). Development in this District is (' =t, envisioned to reflect signature architecture that reinforces the identity and It - � character of Metro East as a vibrant urban village that serves as a regional employment and activity center. The Active Urban District will include major office, residential, commercial, hotel, and entertainment — opportunities that are more intensive in scale and design than the adjacent Village Center. Developments in this District may combine office, commercial, and residential uses within one vertical mixed use -building with commercial on the ground floor and office or residential on the upper floors or a mix of uses within freestanding buildings on the same site. Developments will be designed to showcase an amenity -enhanced environment that provides numerous open space opportunities within this urban environment for the enjoyment of residents, employees, and visitors, and to promote pedestrian connections between this Districtand the Village Center as well as Cabrillo Park located north of Metro East area. +, M M Office District The Office District contains existing low -to high-rise office development along Tustin Avenue and adjacent to the Santa Ana (1-5) Freeway. These developments were in place prior to establishment of the MEMU Overlay Zone and will be maintained exclusively as office to promote and maintain a healthy balance between office, commercial and residential land uses within the Metro East area. 4.0 Development Standards The MEMU Overlay Zone establishes development standards for each District, as summarized below in Table 2. Additional requirements for the standards listed in Table 2 are specified in Sections 4.1 through 4.8. t For further detail, refer to Section 4.8, Parking and Access. 1 + IdQIL.FTF Development Standards by ukU �� f ' • • ° District IMP 0 WL_ WEI I I - - — 4.1 Land Uses (See Table 3) 4.2 Maximum No. Stories -34 6 10 stories in Village Core No Maximum 6-10 See Section 4.2 3 Stories Minimum. 4.3 Minimum Development Site 20,000 sq. ft. 30,000 sq. ft. _ 1 acre 1.5 acre Area 4.4 Permitted Street Level Building Frontage's Front Porch Yes Yes No No Stoop Yes Yes No No Forecourt Yes Yes Yes Yes Shop Front Ne -Yes Yes Yes Yes Gallery Yes Yes Yes Yes Arcade Yes Yes Yes Yes 4:5 Publicly Accessible Open Space 5% of Total Lot Area 10% of Total Lot Area 15% of Total Lot Area 15% of Total Lot Area 4.6 Private/Common Open Space 400.90 sq. ft. per unit 499 90 sq. ft. per unit 488 90 sq. ft. per unit 10% of Total Lot Area 4.7 Building Setbacks (See Table 4 on Page 21) Residential: 2.25 Residential: 2-2.25 Residential: 2.25 Office: 3 spaces per . 4.8 Parking * spaces per unit spaces per unit spaces per unit 1,000 sq. ft. Non -Residential: Per Non -Residential: Per Non -Residential: Per Other. Per Code Code Code Code t For further detail, refer to Section 4.8, Parking and Access. 4.1 LAND USES The MEMU Overlay Zone sets forth specific uses to be allowed within each district, as shown in Table 3, subject to a MEMU Site Plan Review approval by the Planning Commission. Any use that is not specified as permitted or conditionally permitted within the MEMU Overlay Zone is prohibited unless a determination is made by the Executive Director of Planning that the proposed use is compatible with the overall intent and character of the MEMU Overlay Zone as specified in Section 41-601(c) of the Santa Ana Municipal Code (SAMC). •o- 3.Permitted Land Uses A60; Ui�n s , blitrict Offidebistrict The allowable, w�esate est6blfihed 8-0 e C °m so G:S o u EE m o o > Z� > Q Special Provisions (references to other applicable code sections or limitations) Residential Uses Live/Work Units P P P N Subject to provisions of this division Multiple -Family Residential P N P P N Non -Residential Uses Art galleries and studios including, but not limited to: photography; fine art; fiber art; printing, lithography, and calligraphy; ceramic and pottery; glass blowing and sculpting P P P P Eating establishments, (cafes, restaurants) W P P P P CUP for liquor sales, after hours operation Bakeries 4P P P P Retail and Service uses 4 P P P P Medical and Dental offices P P P P Professional, administrative and business offices P P P P Child care facilities P P P P Gymnasiums and health clubs N P P CUP Hotels N P P CUP Indoor/outdoor entertainment N P P P As defined in Chapter 41 of the SAMC Religious Institutions CUP CUP CUP CUP Schools N P P N Tattoo Establishments N P P N Subject to Sec. 41-199.3 of the SAMC Temporary outdoor activities LUC LUC LUC LUC Subject to Sec. 41-195.5 of the SAMC Theaters and cinemas N P P P Use/Operational Standards Drive through establishments N N N N In addition to the land use categories listed in Table 3, the following regulations and operational standards shall apply to development within the MEMU Overlay Zone. 4.1.1 Village Center Core: Pedestrian -Oriented Design and Active Ground -Floor Uses In order to generate pedestrian use and contribute to an active street life, developments located in the Village Center core, properties fronting on Fourth Street will be allowed to develop up to a height of ten stories for a depth of 150'. The ground floor of buildings fronting on Fourth Street between Cabrillo Park Drive and Park Center Drive, and Golden Circle Drive south of Fourth Street as shown in Figure 2 shall have commercial uses and pedestrian -oriented designs. The pedestrian -oriented design features include, but are not limited to, visually transparent and architecturally articulated building facades, or designing arcades or courtyards for activities such as outdoor dining or active open -space areas. Active uses that are visually accessible to the public also may satisfy this requirement and may include, but are not limited to, uses such as a workout room for a health club, a cooking class, the nonresidential portion of live/ work units, or other active -artisan use. Three-story live/work units 4.1.2 Uve/Work Units The residential component of live/work units shall be contiguous with and integral to the working space with direct access between the two areas and shall not be designed as a separate stand-alone dwelling unit. This requirement does not preclude a separate access for the residential area as long as there is not a physical separation between the living area and the work areas of the unit. In addition, the following regulations shall apply to live/work units: Two-story live/work units a. Residential use is permitted only in combination with individual studios in a manner which provides an integrated working and living environment. b. At least one (1) off-street parking space shall be provided for each dwelling unit. c. A live/work unit shall be at least one thousand (1,000) square feet in size. d. It shall comply with all Housing Code requirements as modified by section 8-2700 of the SAMC. e. The residential component of a live/work unit shall meet the following standards: 1. It shall have a space of at least seven hundred fifty (750) square feet. 2. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. 3. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front. f. On-site laundry facilities are required within each unit. 4.1.3 Stand Alone Residential Development Consistent with the objectives of the MEMU Overlay Zone to encourage and facilitate mixed-use, no stand-alone residential building shall be permitted except in the Neighborhood Transitional District or as a component of a mixed-use project that has different uses in multiple buildings designed as an integrated development on a single development site. An integrated development is a project that is built on a site comprised of more than one parcel or contained in more than one building when the uses and support facilities such as parking or open space are designed to function in a cohesive interactive manner throughout the development site. 4.2 MAXIMUM NUMBER OF STORIES A. The overall scale and massing of development within the MEMU Overlay Zone should transition from the existing low -scale intensity of the Neighborhood Transitional District, which is adjacent to an existing single-family residential neighborhood, to mid -rise development in the Village Center and high-rises in the Urban Core adjacent to the Santa Ana Freeway. To create a varied skyline and enhance the form of development sites throughout the Metro East area, building heights will be regulated based on the maximum number of stories permitted. The following Friaximumsterp heights are typical for the uses within a building as calculated from floor to floor: 1. Residential: 9-15 feet (includes lofts and live work unit designs) 2. Retail: 18 feet 3. Retail with mezzanine: 22 feet 4. Specialty retail: 22-24 feet S. Office: 13.5 feet B. In compliance with the Airport Land Use Commission (ALUC) of Orange County, the following conditions shall apply to all new development with the MEMU Overlay Zone. 1. For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the FAA (FAA Form 7460-1). Following the FAA's Aeronautical Study of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the ALUC for consistency analysis. 2. Buildings within any District of the Overlay Zone shall not penetrate the FAA FAR Part 77 imaginary obstruction surface for John Wayne Airport. 3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460-1) for any construction cranes that exceed 200 feet in height above ground level. C. New development will be required to be within the following maximum number of stories based upon their location within the MEMU Overlay Zone except as specified below: 1. Neighborhood Transitional DistrictThree Four stories maximum New development shall be of a low scale, and should serve as a visual transition between the MEMU Village and adjacent residential areas to the north. New development Three-story live/work units in this District shall be compatible in height, scale, and mass with adjacent residential development to the north, with heights ranging between two and three four stories. 2. Village Center District: Six stories maximum; ten stories maximum within core area (See Section 4.1.1) New development in the Village Center District is more intensive in scale than Neighborhood Transitional, and shall serve as a visual transition from the low -intensity of the Neighborhood Transitional District to the intensive development in the Active Urban District. The height, scale, mass and bulk of new development shall be designed to achieve a "human scale" at the ground level to foster a pedestrian -friendly atmosphere, with buildings located along and oriented to the street frontages and common plazas. In order to encourage and maintain active streets and function as a central gathering place and 18 -hour activity center for residents, employees, and visitors, a core area along Fourth Street will be allowed to develop at a height of up to ten stories, for a depth of 150'. Five -story mixed-use comer building (See also Section 4.1.1). Properties outside the core of the Village Center will be allowed to develop up to a height of six stories. 3. Active Urban District: No maximum height; minimum three stories required The Active Urban District is the most intensive in scale within the MEMU area, and is designed to create a highly urbanized environment. New development in this District shall relate in scale, height, and configuration with adjacent buildings. New development shall be designed and oriented to promote intensive public activity at the ground level that integrates and establishes a cohesive transition to adjacent Districts. Larger buildings shall be broken down in scale through changes in massing, changes in plane and profile, fagade subdivision, as well as other architectural means to ensure that the building is well proportioned and creates a satisfactory composition. Sites in this District shall be designed so that tower elements do not impact adjacent lower intensity developments but rather are designed to maximize exposure to the freeway or to adjacent developments of a similar intensity. A minimum building height of three stories is required within this District to ensure that a level of intensity is achieved on any development site even when there are multiple buildings of various heights. Any new development that is ten stories or greater in the Active Urban District and is proposed at a location adjacent to a multiple -family residential use or zone outside of the MEMU area shall be set back at least 150' from the property line of the adjacent residentially used or zoned property. 4. Office District: Ten stories maximum Existing development within the Office District varies from two-story garden offices to the high-rise Xerox Center adjacent to the 1-5 Freeway. Development in this District is limited to office uses to maintain a core of offices uses within the Metro East area and therefore is least likely to utilize the provisions of the MEMU Overlay Zone. New development in this District under the Overlay Zone will vary from low-rise garden office to mid -rise office buildings with ancillary uses and may not redevelop as quickly as other Metro East areas. Higher intensity mixed-use building The height, scale, mass and bulk of new development shall be designed to achieve a "human scale" at the ground level to foster a pedestrian -friendly atmosphere, with buildings located along and oriented to the street frontages and common plazas. In order to maintain a consistent level of development intensity within this District, a minimum height of three stories is encouraged. If a project is on a large site with multiple buildings, an average of four stories should be used as a guide. 4.3 MINIMUM DEVELOPMENT SITE AREA As a means to encourage development that achieves the objectives of the MEMU Overlay Zone, all new development shall have a minimum lot size that facilitates the use of design principles that achieve adequate setbacks, open spaces, connections with adjacent properties in the district, and a high level of site design. Required development site area is required as follows: a. Neighborhood Transitional District 20,000 square feet b. Village Center District 30,000 square feet c. Active Urban District 1 Acre (43,560 square feet) d. Existing Office District 30,000 square feet 4.4 PERMITTED STREET LEVEL BUILDING FRONTAGES A. Appropriate building frontages reinforce a continous urban street wall defining the street edge and encouraging public-private interaction which results in active pedestrian urban spaces. in order to encourage a stronger public-private interaction within the Metro East area, new development will be required to inlcude one of the building frontages specified by district below: • Front Porch • Stoop • Forecourt • Shop Front • Gallery • Arcade 1. Neighborhood Transitional District: a. Front Porch b. Stoop c. Forecourt building frontages are permitted d. Shop Front 2. Village Center District a. Front Porch b. Stoop c. Forecourt d. Shop Front e. Gallery f. Arcade 3. Active Urban District a. Forecourt b. Shop Front c. Gallery d. Arcade 4. Office District a. Forecourt b. Shop Front c. Gallery d. Arcade B. Street level building frontages shall be designed according to the following descriptions and requirements. 1. Front Porch A front porch is frontage wherein the fa4ade is set back from the frontage line with an attached roofed porch that extends into the front open space area. Porches shall have a minimum dimension of 8 feet in any direction. A stoop is frontage wherein the fagade is aligned close to the frontage line with the first story elevated from sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground floor residential uses. A forecourt is a frontage wherein a portion of the fagade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicular drop offs and/or required open space areas. (Minimum dimension of a forecourt should be 20 x 20 feet). This type of frontage should be allocated in conjunction with other frontaqe types. Larqe trees within the forecourts may overhanq the 4. Shop Front ri< ice" €y✓.. -',aV, WRQ I I i / A shop front is frontage wherein the fagade is aligned close to the frontage line with the building entrance at sidewalk grade. This frontage is conventional for retail use. It has substantial non -reflective glazing at the sidewalk level and should include awnings at main entrances that may overlap the sidewalk consistent with the City's overhead sidewalk encroachment provisions. 5. Gallery A gallery is frontage wherein the fa4ade is aligned close to the frontage line with an attached cantilevered shed ora lightweight colonnade which may overlap front open space areas. This type is convenient for retail use. The gallery shall be no less than 10 feet wide and may overlap adjacent open space areas up to within 5 feet of the parkway or sidewalk area. An arcade is frontage wherein the fagade may abut the sidewalk at the frontage line. This frontage type is conventional for retail use. The arcade shall be no less than 12 feet wide and may not overhang the sidewalk but may be within 5 feet of the parkway or sidewalk. 4.5 PUBLICLY ACCESSIBLE OPEN SPACE In order to provide relief from the intensity of development within the MEMU Overlay Zone and provide for a high level of pedestrian connectivity and activity throughout the Metro East area, it is necessary to provide a variety of open space opportunities. Publicly accessible open space areas shall be designed to optimize linkages and connections with adjacent properties within the District. Further, open space areas shall encourage active use and pedestrian activity between the public and the private realm. A. To achieve well-designed and highly amenitized open space areas that are accessible to the public, new development will be required to include an open space component that is accessible to the public through the main street -facing fagade entry of the project. These areas may be inclusive of a front setback or driveway areas, but may not include parking areas or rear setbacks to satisfy a private open space requirement. All new development within the MEMU Overlay Zone shall provide publicly accessible open spaces as a percentage of the total development site area as follows: Public plaza 1. Neighborhood Transitional District: 5 percent 2. Village Center District: 10 percent 3. Active Urban District: 15 percent 4. Office District: 15 percent Active public%pen space areas B. In addition to the above requirements, the following provisions shall apply to the design, location, and materials used in these open space areas: 1. Plazas, courtyards, or other publicly accessible open space areas at the ground level may be used to satisfy this requirement, and shall be incorporated into the design of the development. 2. Parking and rear setback areas shall not be considered to meet this requirement. Front and side setback areas that are integrated into the design of the public open space may be considered to satisfy this requirement. 3. Public open space areas shall be visible and accessible from the public rights-of-way to engage the interest of pedestrians and encourage public use. 4.A combination of landscape and hardscape materials shall be used in the design of these areas to satisfy the following requirements: a. Hardscape paving may include brick, stone, interlocking concrete pavers, textured concrete, and/ or impressed patterned concrete. Hardscape elements may include, but are not limited to, seating areas, potted plant materials, water features, and public art installations. b. The balance of the open space areas shall be landscaped with turf, shrubs, or groundcover, and trees. All plant materials shall be in proportion to the height and mass of the building, and shall be permanently maintained. 5. In order to achieve sunlight and air circulation in required open space areas, the following minimum height to width ratios shall be provided: a. Enclosed Open Space: 2 to 1 ratio (Open space that is enclosed on four sides, such as a courtyard). The required open space shall have a width of at least one-half the height of the adjacent building fagade (measured perpendicularly from the fagade). This requirement shall apply to all sides of the required open space. b. Open Space which is open on one or more sides: 3 to 1 ratio The required open space shall have a width of at least one-third the height of the adjacent building facade (measured perpendicularly from the fa(;ade). This requirement shall apply to all sides of the required open space. 6. The required publicly accessible open space areas shall be located and configured as one of the following: a. Front: The publicly accessible open space area is located along the street facing frontage of the building as illustrated. , Fo"rurt` rte '" af3.'niw.fi�ecov.\i \t t s 1 y.r'h4 �' � .Cyd = F � • Q ,..�•. ,'rZ, �N'k •�;�� u V r'f i �4rN w :J l"' b. Forecourt: The publicly accessible open space area is located along a recessed center section of the front fagade of the building as illustrated. c. "L" Shaped: The publicly accessible open space area is located along the front and side of the lot as illustrated. rO es o o Rentr`a do'ii r �r� 74 / b tdli. yrsy r ��FFFLLL"'JJJ d. Paseo or Central Courtyard: The publicly accessible open space area is located on the side of the building or along a center pedestrian paseo or courtyard as illustrated. 4.6 PRIVATE/COMMON OPEN SPACE To support and enhance the publicly accessible open space, new development within the MEMU Overlay Zone will be required to include private and/or common open space for resident, tenant and visitor use. Private and/or common open space shall be provided in addition to the required publicly accessible open space in Section 4.5. Residential developments: Private or common open space shall be provided on a per unit basis for residential projects and shall be a combination of the total required space divided between private areas such as balconies or patios or common areas such as courtyards, recreation facilities, multi-purpose room or other areas designed for the common use of residents as specified below. Nonresidential or mixed-use developments: Private or common open space shall be provided as a percentage of the total lot area for nonresidential projects and may be used to provide site amenities such as rooftop decks, courtyards, or similar features. Mixed use developments shall combine the residential standards and the nonresidential standard to satisfy this provision. A. Private or common open space shall be provided in the following amounts: 1. Neighborhood Transitional District: 489 90 square feet per unit 2. Village Center District: 499-90 square feet per unit and 5 percent of the total development site area for nonresidential uses. 3. Active Urban District: 489-90 square feet per unit and 5 percent of the total development site area for nonresidential uses. 4. Office District: 10 percent of the total development site area B. In addition to the above standards, all private and/ or common open space areas are also subject to the following provisions in their design, location, and selection of amenities: Private and common open space areas shall be designed for the exclusive use of the residents or tenants of the property and their guests and shall not be publicly accessible except in the Neighborhood Transitional District where the required private/common open space may be designed in combination with the required publicly accessible open space specified in Section 4.5. 2. In the Neighborhood Transitional, Village Center, and Active Urban Districts, a combination of private and common open space shall be provided to satisfy the following requirements: a. Common open space amenities shall include, but are limited to, one or more of the following amenities: courtyards, plazas, tennis courts, swimming pools, spas, permanently equipped gym/ exercise rooms, or other permanent amenity. Rooftop decks and terraces may be used to satisfy this requirement, however, these areas shall be easily accessible to all residents within the building, and face the public rights-of-way where possible. b. Private open space areas may include balconies, patios, terraces, or rooftop decks. These areas shall be carefully integrated into the overall architectural design of the building. Architectural elements such as railings, trellises, short walls, or roof top enclosures shall be consistent with the architectural style of the structure to which they are attached. 3. Open space areas shall be constructed of permanent materials and be permanently integrated into the design of the building. 4. In order to achieve sunlight in outdoor common open space areas, the following building height to open space width ratios are required: 1 to 1; and 2 to 1 if the Private rooftop deck Private balcony 20 4.7 BUILDING SETBACKS A. Setback area requirements facilitate the incorporation of publicly accessible open space while reinforcing a continuous urban street frontage that defines the street edge. Setback requirements are designed as a range so that variety may be achieved in the public/ private interface area depending on the site and building design and its relationship to adjacent developments. Setbacks are designed to coordinate with the public improvements identified in the Metro East Public Realm Amenity Plan (Appendix). New development within the MEMU Overlay Zone shall be designed to provide setback areas from private or public streets as follows: Notes 1. Setbacks are measured from the closest point of a building 50% variation in setback within the specific standards in Table 4. 4. If a development project has multiple frontages. the maximum setback alona one street frontage may be exceeded if the area is used for publicly -accessible open space. 5 For building with seven or more stories, the third floor and above must be set back a minimum of 30 feet-Lrom-air y residential use 6. Clear Zones: a. Clear zones are reauired at driveway street or aIle intersections to provide adequate line of sight for drivers, bicyclists and pedestrians as they approach intersections. The clear zone shall consist of an isosceles right triangle with 25 -foot sides along the property line. b The clear zone shall not be occupied by a ground floor building facade Site and building features that are taller than 30 inches in height including utilities, mechanical equipment fences and landscaping, are prohibited in the clear zone. c Upper floors may extend over the clear zone. Awnings must maintain a vertical clearance of at least 15 feet within the clear zone. B. In addition to the above setback requirements, the following provisions shall also apply to new development projects: 1. In order to encourage flexibility and provide an organic feel in the design and building -street interaction, there is no minimum setback requirement within the MEMU Overlay Zone, -with 2. Setbacks abutting public right-of-way may be further recessed from the maximum setback specified for the purpose of a public open space, dining/gathering or special entry area. These areas may not satisfy private open space requirements. 3. Setbacks abutting public rights-of-way shall be landscaped with lawn, trees, shrubs, or other plants and/or decorated as a hard surface expansion of the sidewalk. A combination of landscape and hardscape materials shall be provided as follows: a. Hardscape paving may include brick, stone, interlocking concrete pavers, textured concrete, and/or impressed patterned concrete. Hardscape elements shall also be provided when setback area is being used to satisfy publicly accessible open space areas. These elements may include, but are not limited to, seating areas, potted plant materials, water features, and public art installations. b.The balance of the setback areas shall be landscaped with turf, shrubs, or groundcover, and trees. All plant materials shall be in proportion to the height and mass of the buildin, and shall be permanently maintained. 'I. Adjacentto public street right-of-way or — 10ft(4) public easement Adjacenttoalley orintemalaisle 3 I — Adjacentto parking 7 It — ClearZone 25 ft — Adjacentto lstand2ndfloor 15ft — any residential use 3rd floor and above (5) 20/30 ft — Adjacentto all All floors 5 I — otheruses Up to 3rd floor 6 ft — 4th floor and above 15 ft — Notes 1. Setbacks are measured from the closest point of a building 50% variation in setback within the specific standards in Table 4. 4. If a development project has multiple frontages. the maximum setback alona one street frontage may be exceeded if the area is used for publicly -accessible open space. 5 For building with seven or more stories, the third floor and above must be set back a minimum of 30 feet-Lrom-air y residential use 6. Clear Zones: a. Clear zones are reauired at driveway street or aIle intersections to provide adequate line of sight for drivers, bicyclists and pedestrians as they approach intersections. The clear zone shall consist of an isosceles right triangle with 25 -foot sides along the property line. b The clear zone shall not be occupied by a ground floor building facade Site and building features that are taller than 30 inches in height including utilities, mechanical equipment fences and landscaping, are prohibited in the clear zone. c Upper floors may extend over the clear zone. Awnings must maintain a vertical clearance of at least 15 feet within the clear zone. B. In addition to the above setback requirements, the following provisions shall also apply to new development projects: 1. In order to encourage flexibility and provide an organic feel in the design and building -street interaction, there is no minimum setback requirement within the MEMU Overlay Zone, -with 2. Setbacks abutting public right-of-way may be further recessed from the maximum setback specified for the purpose of a public open space, dining/gathering or special entry area. These areas may not satisfy private open space requirements. 3. Setbacks abutting public rights-of-way shall be landscaped with lawn, trees, shrubs, or other plants and/or decorated as a hard surface expansion of the sidewalk. A combination of landscape and hardscape materials shall be provided as follows: a. Hardscape paving may include brick, stone, interlocking concrete pavers, textured concrete, and/or impressed patterned concrete. Hardscape elements shall also be provided when setback area is being used to satisfy publicly accessible open space areas. These elements may include, but are not limited to, seating areas, potted plant materials, water features, and public art installations. b.The balance of the setback areas shall be landscaped with turf, shrubs, or groundcover, and trees. All plant materials shall be in proportion to the height and mass of the buildin, and shall be permanently maintained. 4.8 PARKING AND ACCESS Adequate parking is necessary to service the full -range of uses permitted within a development project. In order to enhance the appearance and character of the Metro East area, parking should not be a part of the pedestrian level streetscape. The goal of the Metro East area is to provide adequate parking that encourages people to "park once" and conveniently walk to multiple destinations in the same area. Standards below reflect this concept except in the Neighborhood Transition District where parking is established at a rate that does not impact the adjacent residential neighborhood to the north. The parking standards for the MEMU Overlay Zone are designed to accommodate the wide variety of uses in the area while providing an incentive for mixed-use projects that encourage an active street life and convenient services and leisure activities for Metro East residents and visitors. A mixed-use development is defined as any development that contains more than one type of use in a building or set of buildings and contains within the development a residential component. Stand alone uses are defined as operations or uses that are not a component of an integrated mixed-use development project. Dimensions of parking spaces and drive aisles shall be consistent with SAMC Article XV, Division 1. A. Parking within the MEMU Overlay Zone shall be required for new development in each district as follows: 1. Neighborhood Transitional District a. Stand-alone residential: 2.0 spaces per residential unit, inclusive of guest parking b. Office or other permitted nonresidential uses: As required by Division 3 of Article 15, Off -Street Parking Requirements, SAMC. 2. Village Center District a. Stand-alone nonresidential Uses: As required by Division 3 of Article 15, Off - Street Parking Requirements, SAMC. b. Stand-alone Residential Uses: As required by Division 3 of Article 15, Off -Street Parking Requirements, SAMC. c. Mixed-use Developments with less than 10 percent of the gross floor area devoted to a commercial activity: A minimum of 1.8 spaces per residential or live/work unit inclusive of guest parking and any nonresidential uses. d. Mixed—use developments with 10 percent or greater of the gross floor area devoted to a commercial activity: Any development proposal that devotes 10 percent or more 'of the development's gross floor area to a nonresidential use shall be required to provide a parking study by a city approved consultant to establish an adequate parking requirement for the mixture of uses in the proposed development. In no case, however, shall a standard of less than 2.25 spaces per unit inclusive of guest parking and any nonresidential uses be established. 3. Active Urban District a. Stand-alone Nonresidential Uses: As required by Division 3 of Article 15, Off - Street Parking Requirements, SAMC. b. Stand-alone Residential Uses: As required by Division 3 of Article 15, Off -Street Parking Requirements, SAMC. c. Mixed-use Developments with less than 10 percent of the gross floor area devoted to a commercial activity: A minimum of 1.8 spaces per residential or live/work unit inclusive of guest parking and any nonresidential uses. d. Mixed-use developments with 10 percent or greater of the gross floor area devoted to a commercial activity: Any development proposal that devotes 10 percent or more of the development's gross floor area to a nonresidential use shall be required to provide a parking study by a city approved consultant to establish an adequate parking requirement for the mixture of uses in the proposed development. In no case, however, shall a standard of less than 2.25 spaces per unit inclusive of guest parking and any nonresidential uses be established. 4. Office District a. Office or other permitted nonresidential uses: As required by Division 3 of Article 15, Off -Street Parking Requirements, SAMC. B. In addition to the parking requirements above, new developments in the MEMU Overlay Zone shall provide parking in compliance with the following: 1. Guest parking at a rate of 10 percent of the total required parking spaces shall be set aside and assigned for the exclusive use of guests in any development project within the MEMU Overlay Zone. 2. All residential units shall be provided a minimum of one (1) assigned space per unit. In order to provide well-designed parking areas that enhance the pedestrian experience and adequately provide for the mixture of uses that may occur on a development site, the following standards shall be required for all new developments within the MEMU Overlay Zone: 3. Parking facilities (surface or structures) shall be located below grade, behind buildings, and/or screened from the main right of way and all active public areas, except for areas designed for and devoted to vehicular access, drop off, or valet parking. Those portions of new parking structures that face a public street shall include commercial spaces or other pedestrian oriented design features at the ground floor level. Screening of parking structures along main streets 4. Parking spaces specifically designated for nonresidential and residential uses shall be clearly marked by the use of posting, pavement markings, and/or physical separation. Parking area design shall incorporate a separation of the parking for nonresidential and residential uses, except that guest parking may be combined with nonresidential parking as long as the total required parking for the development is not reduced. 5. Driveways shall be a maximum of 24 feet wide, in order to enhance the pedestrian experience, except as required to satisfy fire and/or waste collection requirements. A maximum of one curb cut shall be permitted for each parcel with up to 150 feet of street frontage. Development sites exceeding 150 feet of street frontage shall be permitted a maximum of two curb cuts. Three curb cuts shall be permitted only if a separate residential entrance is required. 5.0 Design Principles The MEMU Overlay Zone establishes qualitative design principles that will be used by Staff and decision makers in evaluating proposed projects. This section establishes qualitative design standards intended to guide the developer to achieve the image and design desired for the Metro East Overlay Zone. Staff and decision makers will use these principles to review proposed development projects and determine their approval based on the extent to which the plans address the intent of the City for the area as part of the MEMU Overlay Zone Site Plan Review process. Architectural/massing variety 5.1 INTEGRATED DESIGN The design of buildings, other structures or elements integrated theme. signs, landscaping, and shall feature a unified and 5.2 ARCHITECTURAL QUALITY Projects shall utilize materials, window and door systems, hardscape, softscape, and water features, and architectural details and components throughout that convey a distinct sense of endurance and quality. 5.3 ARCHITECTURAL VARIETY Projects shall utilize architectural means such as varied massing, breaks in plane, a diverse palette of high-quality materials, and changes in form, proportion and detail, as well as a variety of unit types to create variety and differentiation between and within project In order to further promote variety and interest within the project as a whole, the use of more than one architect is required for projects on development sites with an area that exceeds two (2) acres. This requirement can be met by compliance with any one of the following as approved by the Planning Manager at the time of the initial Site Plan Review: a. Architectural design is completed by two different firms b. Architectural design is peer reviewed by a second architectural firm c. Architectural design is completed by different studios within one architectural firm d. Applicant conducts an architectural design workshop with City staff in the early phase of design 24 Street -facing building elements and massing 5.4 MASSING a. In general, project massing should be broken down into discrete building elements and components that reinforce a continuous street -facing urban block pattern. This pattern should be broken by intervening the required publicly accessible open space areas. See Section 4.5. b. Within this block pattern, individual buildings shall be massed such that individual building planes or architectural masses do not exceed one -hundred -fifty (150) feet in length. c. The design of buildings shall incorporate a variety of massing and forms to introduce variety at the ground plane and skyline of the project. 5.5 FACADES a. Street facing facades shall be architecturally enhanced through the use of arcades, colonnades, recessed entrances, window details, bays, variation in building materials, and other details such as cornices and contrasting colors. b. Building step backs at the upper level of buildings along public rights -of -ways in the Neighborhood Transitional, Village Center, and Active Urban Districts shall be provided as a means to provide building articulation. The building articulation may include private/ common open space terraces or roof decks. The minimum upper level setback area shall be 10 Ft wide (parallel to the building fa4ade) by 6 Ft deep. c. Buildings facades shall be articulated through the use of separated wall surfaces, contrasting colors and materials, variations in building setbacks, and attractive window fenestrations. Contrasting colors and materials d. Street facing facades shall be integrated with public plazas, mini parks, outdoor dining, and other pedestrian -oriented amenities where feasible. Street -facing ground floor elements 5.6 GROUND FLOOR USES a. Ground floor commercial or retail uses oriented to the street shall provide primary pedestrian access directly from the adjacent public street frontage. b. Ground floor commercial or retail uses oriented to the street shall incorporate the use of overhangs, awnings, or trellis work for at least 60 percent of the frontage. 5.7 COMMUNITY CONNECTIONS Project site plans shall create community connections and linkages between developments within the various Districts within the MEMU Overlay Zone area, as well as facilitate comfortable and visually interesting pedestrian and bicycle movements. a. Pedestrian- and sidewalk -oriented buildings. Projects as a whole, as well as individual building components, shall reinforce activity and pedestrian scale along adjacent sidewalks through the use of active building entries and frontages, and/or publicly accessible open space fronting the streets. Pedestrian/bicycle oriented streetscope b. Pedestrian -oriented sidewalks and streetscapes. Projects as a whole shall incorporate design and development features that facilitate pedestrian and bicycle -scale orientation at the street level. These features include, but are not limited to, street trees, improved medians with trees, widened sidewalks, pedestrian -scale lighting, integrated bicycle paths, curbside parkways, and feasible curbside parking to create a streetscape that accommodates increased and comfortable pedestrian and bicycle use. 5.8 LANDSCAPE BUFFERS a. In order to establish a strong public street and sidewalk edge, building massing shall establish variation in relationship of the building frontages to the street. Landscape buffers should be provided along driveways which are adjacent to any project which includes residential development. Ventilation 'Landscape screening berm', I I + + M Podium parking ---------------- a i I I Podium parking screening b. Landscape buffers in addition to other screening techniques should also be provided as a means to screen trash collection areas, and above grade surface parking. 5.9 PARKING Parking areas, whether at grade or in a structure, shall be completely screened from the public street view. Above -grade parking structures shall be completely screened at the street level by architectural features including retail spaces, stoops, porches, landscaping or other pedestrian oriented design features. 5.10 ENERGY CONSERVATION -SHADE AND SHADOW Energy consumption shall be minimized using the following features where feasible: cogeneration, solar access, south facing windows with eave coverage, double glazed windows, deciduous shade trees, good ventilation, efficient lighting, and day lighting. Individual units, where possible, should be oriented such that they receive a minimum of two (2) hours of direct sunlight in major living spaces such as living rooms, dining rooms, dens, great rooms, or kitchens on the day of the winter solstice. 5.11 RESIDENTIAL UNIT SIZE An average unit size of 1,200 square feet per unit will be used as a guideline to assess the overall quality and livability of any residential units. The mix of unit sizes within a project should be more heavily weighted towards units larger than 1,000 square feet in size. 6.0 Sians Building identification and signage can be used as a creative tool to enhance the look and design of a development project. When signs are designed to complement the form and function of the building and its users, it contributes to the aesthetics of the project and aids in way finding. The City desires to encourage creative sign proposals where the standard provisions of Article XI do not well suit a particular need, situation, or circumstance. In exchange, certain signs that otherwise would be allowed by Article XI might not be allowed. Main access signage 6.1 MASTER SIGN PROGRAM Building identification and signage can be used as a creative tool to enhance the look and design of a development project. When signs are designed to complement the form and function of the building and its users it contributes to the aesthetics of the project and aids in way finding. The provisions of this section encourage creative sign proposals where the standard provisions of the sign code may not well suit a particular need, situation, or circumstance. In exchange, certain signs that otherwise would be allowed might not be allowed in the MEMU Overlay Zone. Prior to issuance of any sign permits or certificates of occupancy for any building or portion thereof, a master sign program for the entire site, including directional signs and graphics for any parking structure, shall be submitted to the Planning Commission as part of the MEMU Site Plan Review application. The purpose of the Master Sign Program is asfollows: a. The primary purpose of a master sign program is to provide a mechanism by which the sign regulations established in the SAMC can be modified to ensure that signs for a uniquely planned or designed development are most appropriate for that development or area. b. A master sign program may include sign regulations that are, at the same time, both more restrictive in some respects and less restrictive in other respects than the regulations established in the SAMC. Less restrictive provisions in a master sign program may also include signs that are otherwise prohibited by the SAMC. c. Each master sign program application shall show to the Planning Commission's satisfaction why the modifications requested are warranted and how the total sign proposal for the development meets the general purpose and intent of the SAMC. Secondary access sign d. The Planning Commission shall approve, conditionally approve, or disapprove any application for a master sign program based on the signage and its compatibility with the proposed development project based on the following findings: 1. Compliance with the objectives of the MEMU Overlay Zone as specified in Section 1.2. 2. Compliance with the purpose and objectives outlined in the Citywide Design Guidelines; and 3. Compliance with the purpose and intent of Section 41-860 et seq. except for the variations specified in the Master Sign Program application. e• Applications for a Master Sign Program that are denied by the Planning Commission may be appealed to the City Council. Appeals from decision of the Planning Commission shall be processed and considered consistent with SAMC Chapter 41, Article 5. 7.0 Compatibility/ rational Standards The following standards are intended to ensure the compatibility of the mix of residential and nonresidential uses that may occur within one building or on a development site in the MEMU Overlay Zone. These standards are intended to mitigate the potential impacts that may occur as a result of the interface between nonresidential and residential uses within one project. 7.3 LOADING AND UNLOADING Every building involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity shall provide adequate area for the loading and unloading of vehicles, include moving vans, garbage trucks, and other delivery vehicles. residential uses on top 7.1 SECURITY Residential units shall be designed to ensure the security of residents through the provision of secured entrances and exits that are separate from the nonresidential uses and are directly accessible to parking areas. Nonresidential and residential uses shall not have common entrances that provide direct access to residential units. The separation of entrances shall be shown on the development plan and the separations shall be permanently maintained. 7.2 RESTRICTION ON ACTIVITIES Commercial uses shall be designed and operated, and hours of operation limited, so that neighboring residents are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries, or late night activity. There shall be no loading or unloading of trucks between the hours of 9:00 P.M. and 9:00 A.M. 7.4 VIBRATIONS AND ODORS No use, activity, or process shall produce vibrations or noxious odors that are perceptible without instruments by the average person at the property lines of the site or within the interior of residential units on the site. 7.5 LIGHTING Outdoor lighting associated with commercial uses shall not adversely impact surrounding residential uses, but shall provide sufficient illumination for access and security purposes consistent with the lighting standards in Chapter 8 of the SAMC (Security Ordinance). 7.6 WINDOWS Residential windows shall not directly face loading areas and docks. To the extent windows of residential units face each other, the windows shall be offset to maximize 30 8.0 hDiementati®n This Division includes development Standards and design principles that are designed to work in concert to facilitate the vision for the long-term development of the MEMU Overlay Zone. Successful implementation of this Division requires effective and coordinated administration of these required standards and principles by professional staff on a cooperative basis with developers and property owners with the goal of expediting the entitlement/permit process for projects consistent with the plan. 8.1 MEMU SITE PLAN REVIEW BY PLANNING COMMISSION A. Any application fordevelopment subjectto the provisions of the MEMU Overlay Zone shall require filing an application with the Planning Manager for approval of a MEMU Site Plan Review by the Planning Commission. The application and development plan shall contain the materials outlined in the Planning Division's Development Review Committee Checklist which includes but is not limited to the following materials that shall demonstrate conformance with the provisions of this section and other required sections of the SAMC: 1. A site plan consisting of architectural drawings or sketches and plot plans, all to a workable scale and fully dimensioned, showing the elevations of the proposed building or structure, off-street parking and other physical features such as trees, hydrants, poles, and other installations, and any other such information as determined necessary by the Planning Manager to fully evaluate any requirement of a building permit. 2. A landscape design plan, pursuant to the requirements of Section 41-1507, showing fully dimensioned private, common, and public open space areas. 3. A master sign program, pursuant to the requirements of Section b. B. Upon receipt of a MEMU Site Plan Review application, the same shall be reviewed by City staff to determine conformance with the provisions of the MEMU Overlay Zone and referred to the Planning Commission for review and recommendations. The Planning Commission shall review said plans for the purpose of ensuring that buildings, structures, and grounds will be in keeping with the compatibility standards and design principles of this division, and will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the MEMU Overlay Zone. Depending on the level of conformance with the findings of the MEMU Overlay Zone, the Planning Commission may take any of the following actions: 1. Approve the development plan 2. Approve the development plan with conditions 3. Deny the development plan 8.2 FINDINGS FOR GRANTING A MEMU OVERLAY ZONE SITE PLAN REVIEW APPROVAL The Planning Commission may grant a MEMU Overlay Zone Site Plan Review approval subject to finding the following: a. That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU Overlay Zone. b. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU Overlay Zone. c. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU Overlay Zone. d. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU Overlay Zone. 8.3 CONDITIONAL USE PERMITS, VARIANCES AND MINOR EXCEPTIONS Conditional use permits, variances and minor exceptions in the MEMU Overlay Zone shall be processed and considered pursuant to SAMC Chapter 41, Article 5. 8.4 TIME LIMITS MEMU Site Plan Review shall automatically become void after two (2) years from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the MEMU Site Plan Review. City Council may, by resolution, extend the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three (3) years in total beyond the date it would otherwise become void. Acceptable action shall be considered to be actual construction, alteration, repairs and use of the structures and land. Preparation of plans, financial negotiations, or change of property owners are not considered sufficient evidence of action. 8.5 DEVELOPMENT CAPACITY MONITORING AND ENVIROMENTAL REVIEW In order to maintain conformity with the provisions of the environmental analysis completed for this project under the California Environmental Quality Act (CEQA), development capacity within the MEMU Overlay Zone shall be limited to 1.27 million gross square feet of commercial (retail and service) and 3.41 million gross square feet of office space. This corresponds to a potential net increase of 963,000 square feet of commercial, and 690,000 square feet of office space, and the potential for 5,551 residences above existing development constructed prior to March of 2007. 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Y1f4r 4 I 1 :• " P Y� r i, } § § k 0 � \ \ § \ § ) ( §( ) _ « ( \ « !& 00 » �ua :_ \\ O gb ! 7 a \ r a F O O N I :e i=la-1 mo -se 3DS BNI-IHOiVI 1HOlH 9A�ppOGV D98 3�#R1jf0 a 0 a N N O o O II Q U U W o - to ' o m h w rl w N ze g VV I @4 NN TI. w w a 0 � e 3� :' i' N P II 2 I F T11 "-✓ I _II m y � w r �• 1��% e :,-� I I II i II t i I I • to a• I._i I 41 1HOlH 9A�ppOGV D98 3�#R1jf0 - mom 0 Ql N O O II Q U U W o - to m h w w ze g I @4 NN w w a 0 io e 3� II N P II 2 F U¢Iz-- _II m y � w EXHIBIT 14 The Metro East Mixed Use (MEMU) Overlay Zone Subsequent Environmental Impact Report (SEIR) and technical appendices may be accessed at: Santa Ana City Hall Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 or Santa Ana Main Library 26 Civic Center Plaza Santa Ana, CA 92701 or http://santa-ana.org/pba/plan n ino/Metro EastM ixed-UseOverlavZoneExpansion.asp 75A-121 75A-122 EXHIBIT B The Metro East Mixed Use (MEMU) Overlay Zone Final Subsequent Environmental Impact Report (SEIR) and technical appendices may be accessed at: Santa Ana City Hall Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 or Santa Ana Main Library 26 Civic Center Plaza Santa Ana, CA 92701 or http://santa-ana.or4/pba/plan n i ng/MetroEastMixed-UseOverlavZoneExpansion.aso 75A-123 75A-124 LS 8.21.18 RESOLUTION NO.2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2018-15 (SCH NO. 2006031041) AND THE MITIGATION MONITORING AND REPORTING PROGRAM; MAKING CEQA FINDINGS OF FACT; ADOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING GENERAL PLAN AMENDMENT NO. 2018-03 FOR THE PROPOSED METRO EAST MIXED USE OVERLAY ZONE EXPANSION AND AMENDMENTS PROJECT AND THE ELAN DEVELOPMENT PROJECT LOCATED AT 1660 EAST FIRST STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana (City) is requesting approval of General Plan Amendment No. 2018-03 to amend the General Plan land use designation of 53 parcels located in the existing Metro East Mixed Use (MEMU) Overlay Zone (OZ -1) and in the proposed MEMU expansion area to be consistent with the current land uses and proposed zoning designations in the MEMU project area (the "MEMU" project). B. A Subsequent Final Environmental Impact Report (the "SEIR") No. 2018- 15 (SCH No. 2006031041) was prepared for the MEMU projects. The SEIR also evaluates the environmental impacts of a separately proposed development project within the expanded MEMU area that will be considered separately by the Planning Commission after the SEIR and MEMU project have been considered and approved by the City Council. For the purpose of the SEIR, the MEMU and Elan projects are also known as the 'Project." C.• The development project to be considered separately by the Planning Commission is Site Plan Review No. 2018-02 to allow a 603 -unit mixed- use development project at 1660 East First Street (the "Elan" project), subject to approval of this General Pian Amendment, and separate but related Amendment (Zone Change) and Zoning Ordinance Amendment applications. EXHIBIT C Resolution No. 2018-xx Page 1 of 13 75A-125 D. On July 23, 2018, during the 45 day public comment period, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution certifying Subsequent Final Environmental Impact Report No. 2018-15 (SCH No. 2006031041) and approving the Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of Overriding Considerations; General Plan Amendment No. 2018-03; Amendment Application No. 2018-06; and Zoning Ordinance Amendment No. 2018-02 for the Metro East Mixed Use Overlay Zone expansion and amendments project. E. The certification of the SEIR is a CEQA Determination by the City Council. The discretionary approval of the MEMU and Elan projects requires separate actions by the appropriate approving bodies. F. On August 21, 2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Subsequent Final Environmental Impact Report No. 2018-15 (SCH No. 2006031041), General Plan Amendment No. 2018-03, Amendment Application No. 2018-06; and Zoning Ordinance Amendment No. 2018-02 for the Metro East Mixed Use Overlay Zone expansion and amendments project, :at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. G. Pursuant to the California Environmental Quality Act (Pub. Res. Code sec. 21000 et seq.; "CEQA"), and the State CEQA Guidelines the City has determined that a Subsequent Environmental Impact Report (SEIR) should be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the proposed project. 1. Pursuant to Public Resources Code section 21067 and the State CEQA Guidelines (Cal. Code Reg., tit. 14 Sec 15000 et seq.) section 15051, the City is the lead agency for the proposed Project. 2. In accordance with CEQA, the recommended actions have been reviewed through an SEIR. Sections 15080 through 15097, and 15162 of the State CEQA Guidelines (Article 7) guide the process for the preparation of an EIR and an SEIR. 3. The California Environmental Quality Act (CEQA) requires that, where there is the potential for environmental impacts as the result of a proposed project, an EIR be prepared in order to study and Resolution No. 2018-xx Page 2 of 13 75A-126 analyze any potential environmental impacts, disclose such potential impacts to the public, and mitigate such impacts to the greatest extent feasible. As such, an EIR was prepared for the original MEMU Overlay Zone in 2007 and was subsequently certified by the City Council. 4. An SEIR is prepared when an EIR has been certified for a project and the lead agency determines that one or more of the criteria listed under Section 15162 and 15163 of the State CEQA Guidelines are met. The City has determined that an SEIR is the most appropriate environmental document due to the characterization of the proposed changes to the project that was previously approved with the certified Final EIR for the MEMU Overlay Zone in 2007. The current SEIR has been prepared pursuant to the requirements of CEQA and discloses the environmental impacts associated with implementing the proposed Project and includes mitigation measures that can reduce potential impacts to the extent possible or to below a level of significance. The proposed Project will be consistent with the prior findings in the original 2007 Final EIR certified by the City Council, and significant and unavoidable environmental impacts disclosed in the 2007 EIR would- remain for air quality, noise, and transportation/traffic. However, development of the Elan project would result in a substantial adverse change to an eligible historical resource (the now -vacant Elks Club building), which was not addressed in the 2007 EIR. As a result, preparation of the current draft SEIR was required-, and the draft SEIR analyzes and proposes mitigation for the demolition of the Elks Club building. 5. The SEIR, as required by CEQA, contains 1) an Initial Study; 2) a project description; 3) a description of the environmental setting, potential environmental impacts, mitigation measures for any significant effects, and consistency with plans and policies; and 4) names of prepares. The mitigation measures included in this SEIR are designed to reduce or eliminate the potentially significant environmental impacts described herein. The scope of the SEIR evaluates the proposed Project's effects on the following resource topics: air quality, cultural resources, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, transportation/traffic, and tribal cultural resources. 6. The City prepared a draft SEIR and published the Notice of Availability (NOA) in the Orange County Register as well as posted Resolution No. 201'8-xx Page 3 of 13 75A-127 the NOA at the Orange County Clerk's Office on June 12, 2018. The City circulated the draft SEIR for the 45 -day public review between June 12, 2018 and July 27, 2018. The draft SEIR was available for public review at the Santa Ana City Hall, the City of Santa Ana Main Library, and on the City's website. 7. During the 45 -day public review period, the City held a regularly scheduled public hearing with the Planning Commission on July 23, 2018, to receive comments regarding the draft SEIR. 8. The City received a total of nine (9) written comment letters and two (2) verbal comments during the public review period and evaluated all comments received from the persons or agencies that reviewed the draft SEIR. Pursuant to Section 15088 of the State CEQA Guidelines, the City, as the lead agency for the project, has reviewed all comments received on the document. The City provided written responses to all agencies and members of the public commenting on the draft SEIR at least 10 days prior to the City Council hearing. 9. In accordance with Senate Bill 18 (SB 18) and Government Code Section 69352.3, and Assembly Bill 52 (AB 52) and Government Code 21000, the City of Santa Ana requested a list of Tribal Organization contacts from the Native American Heritage Commission and sent notifications to the appropriate tribal organizations in January 2018 in compliance with SB 18, and again in April 2018 to comply with AB 52. No tribes requested consultation for the proposed project,, and no tribal cultural resources were identified in the proposed project area. As a result, no new mitigation measures addressing cultural resources, including tribal cultural resources, were required. 10. The City has prepared a Final SEIR, consisting of comments and recommendations received during the 45 -day public review and comment period, written responses to those comments, and revisions and clarifications to the draft SEIR in response to those comments. For the purposes of this Resolution, the SEIR shall refer to the draft SEIR, including all of the technical studies and appendices to the draft SEIR, as revised by the Final SEIR's revisions, together with the other sections of the Final SEIR, including all of the technical studies, attachments, and appendices to the Final SEIR. Resolution No. 2018-xx Page 4 of 13 75A-1 28 11. Findings of Fact with respect to environmental impacts, including environmental impacts identified in the Final SEIR as potentially significant, but which the City finds can be substantially lessened through the imposition of feasible mitigation measures identified in the Final SIER, are described in Exhibit A attached hereto and Incorporated herein by this reference. As a result of the environmental analysis in the SEIR, one significant impact was found from the construction of the proposed Elan project that pertains to loss of an eligible historic resource. Accordingly, the City has also prepared a Statement of Overriding Considerations in compliance with Public Resources Code Sections 21081 and CEQA Guidelines Section 15093, which finds that specific economic, legal, social, technological, or other benefits of the proposed project outweigh the significant and unavoidable impacts identified in the EIR. This Statement of Overriding Considerations is also described in Exhibit A attached hereto and incorporated herein by this reference. 12. Mitigation measures have been provided to address potential environmental impacts, with a list of these mitigation measures found within the attached Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Exhibit B and incorporated herein by this reference. Mitigation measures have been outlined to address potential impacts stemming from adoption of the original MEMU EIR and the 2018 MEMU expansion and amendments Project's SEIR. 13. All the requirements of CEQA and the State CEQA Guidelines have been satisfied by the City in the Final SEIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the proposed Project have been adequately evaluated. 14. The Final SEIR prepared in connection with the proposed Project sufficiently analyzes both the feasible Mitigation Measures necessary to avoid or substantially lessen the proposed Project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA and the State CEQA guidelines. 15. All of the findings and conclusions made by the City Council\ pursuant to this Resolution are based upon the oral and written evidence presented to the City Council as a whole and not based solely on the information provided in this Resolution. Resolution No. 2018-xx Page 5 of 13 75A-129 16. Prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the Final SEIR, and all oral and written evidence presented to it during all meetings and hearings, all of which is incorporated herein by this reference. 17. The City has not received any comments or additional information that produced substantially new information requiring recirculation or additional environmental review under Public Resources Code sections 21166 and 21092.1 and State CEQA Guidelines section 15088.5. H. General Plan Amendment No. 2018-03 has been filed to amend the General Plan to change the land use designation of certain parcels located in the existing Metro East Mixed Use (MEMU) Overlay Zone (OZ -1) and in the proposed MEMU expansion area to be consistent with the current land uses and proposed zoning designations in the MEMU project area. The amendments will designate properties located in both the existing MEMU area and in the MEMU expansion area as Urban Neighborhood (UN) or District Center (DC) as shown on Exhibit C, attached hereto and incorporated herein. Currently, the land use designations of the properties are inconsistent with the proposed OZ -1 designation. This project will require amendments to the Land Use and Urban Design elements of the General Plan to designate parcels in the MEMU expansion area either UN or DC, and parcels within the existing MEMU area either UN or DC, to match current or anticipated land uses. 2. The proposed MEMU project will be consistent with several goals and policies of the 2014 Housing Element. First, the project is consistent with Goal 2, which encourages diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. Second, the MEMU project supports Goal 4 to provide adequate rental and ownership housing opportunities and supportive services. Further, the MEMU project is consistent with Policy HE -2.2 to create District Centers with high intensity, mixed-use urban villages and pedestrian -oriented experiences; and Policy HE -2.4 to facilitate diverse types, prices, and sizes of housing. The MEMU expansion and amendments project will result in an overall increase in land available for residential development and will not impact the inventory of housing Resolution No, 2018-xx Page 6 of 13 75A-130 opportunity sites needed to achieve Citys 2014-2021 RHNA allocation. 3. The City Council has weighed and balanced the General Plan's policies, both old and new, and has determined that based upon this balancing that General Plan Amendment No. 2018-03 is consistent with the purpose of the General Plan. The City Council finds that the Final SEIR, prepared under City direction, reflects the independent judgment and analysis of the City Council of the City of Santa Ana. The City Council specifically finds that at this time, the Final SIER prepared for the MEMU and Elan projects accurately and completely presents adequate information upon which to base future environmental decisions about the broad effects of implementing the MEMU and Elan projects. The City Council further recommends and confirms that no new information of substantial importance showing new significant environmental effects, or a substantial increase in the severity of previously identified significant environmental effects beyond those effects analyzed in the Draft SEIR, for the MEMU and Elan projects were identified during the public comment period or during the preparation of the Final SEIR. The City Council approves of the Findings of Facts and Statement of Overriding Consideration and certifies the Final SEIR for the MEMU and Elan projects pursuant to CEQA Guidelines §15090. Section 2. Certification. The City hereby certifies that (1) the SEIR has been prepared, processed, and noticed in accordance with CEQA and the State CEQA Guidelines; (2) the SEIR was presented to the City Council and the -City Council has reviewed and considered the information contained in the SEIR prior to considering adoption of the project, and (3) the SEIR reflects the independent judgment and analysis of the City Council and is deemed adequate for the purposes of making decisions on the merits of the Project. Section 3. CEQA Findings. The City hereby adopts the CEQA Findings of Fact, which were prepared in accordance with Public Resources Code section 15091 and which are attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth herein. Section 4. Statement of Overriding Considerations. The City hereby adopts the Statement of Overriding Considerations made in connection with the approval of the Project pursuant to CEQA Guidelines Section 15091, which is attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth herein. Section 5. Mitigation Monitoring and Reporting Program. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit B and incorporated herein Resolution No. 2018-xx Page 7 of 13 75A-131 by this reference. The City finds that the Mitigation Monitoring and Reporting Program is designed to ensure that, during the implementation of the Project, the City and any other responsible parties implement the components of the Project and comply with the mitigation measures identified in the Mitigation Monitoring and Reporting Program. Section 6. Wildlife Resources. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 7. Approvals. Based on the entire record before the City Council, all written and oral evidence presented, the CEQA Findings of Fact, the Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, all attached and incorporated herein as Exhibit A and Exhibit B to this Resolution, the City Council of the City of Santa Ana hereby: A. Adopts the CEQA Findings of Fact, adopts the Statement of Overriding Considerations, and certifies Final Subsequent Environmental Impact Report No. 2018-15, and approves the Mitigation Monitoring and Reporting Program for the MEMU Overlay Zone Expansion and Elan projects; B. Approves General Plan Amendment No. 2018-03; and, These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated August 21, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 8. Indemnification. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees ("Indemnitees"), from any and all liability, claims, actions or proceedings that may be brought against Indemnitees concerning this project or approval of the project, including without limitation any CEQA review or approval, or any of the proceedings, acts or determinations taken, done or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Resolution No. 2018-xx Page 8 of 13 75A-132 Section 9. Ordinances. This Resolution shall not be effective unless and until Ordinance No. NS- (AA No. 2018-06 and ZOA No. 2018-03) becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 10. Judicial Review. These decisions rendered by the City Council of the City of Santa Ana are final and are subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. Section 11. Location of Documents and Custodian of Records. The documents and materials that constitute the record of proceedings on which the CEQA Findings in Exhibit A of this Resolution have been based are located at 20 Civic Center Plaza, Santa Ana. The custodian for these records is the Santa Ana Clerk of the Council. This information is provided in compliance with Public Resources Code section 21081.6. Section 12. Notice of Determination. The City Council hereby directs staff to file a Notice of Determination with the County of Orange within five (5) working days of final Project approval. ADOPTED this _ day of 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor 75A-133 Resolution No. 2018-xx Page 9 of 13 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA ;D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the City Council of the City of Santa Ana on , 2018. Date: Clerk of the Council City of Santa Ana Resolution No. 2018-xx Page 10 of 13 75A-134 Exhibit A: Findings of Fact Statement of Overriding Considerations Resolution No. 2018-xx Page 10 of 112 75A-135 METRO EAST MIXED-USE OVERLAY DISTRICT EXPANSION AND ELAN DEVELOPMENT PROJECTS SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FINDINGS OF FACT/STATEMENT OF OVERRIDING CONSIDERATIONS SCH #2006031041 CITY OF SANTA ANA 75A-136 Chapter Introduction This document presents the Findings of Fact and Statement of Overriding Considerations that must be adopted by the City of Santa Ana (City) pursuant to the requirements of Sections 15091 and 15093, respectively, of the California Environmental Quality Act Guidelines (State CEQA Guidelines) prior to the approval of the Metro East Mixed -Use (MEMU) Overlay District Expansion and Elan Development Projects (proposed project). This document is organized as follows: Chapter 1 Introduces the Findings of Fact and Statement of Overriding Considerations. Chapter 2 Presents the CEQA Findings of the Subsequent Environmental Impact Report (SEIR), including the identified significant impacts. Chapter 3 Presents the alternatives to the proposed project and evaluates them in relation to the findings contained in Section 15091(a)(3) of the State CEQA Guidelines. The City must consider and make findings regarding alternatives when a project would involve environmental impacts that cannot be reduced to a less -than - significant level, or cannot be substantially reduced, by proposed mitigation measures. Chapter 4 Presents a Statement of Overriding Considerations that is required in accordance with Section 15093 of the State CEQA Guidelines for significant impacts of the proposed project that cannot be mitigated to a less -than - significant level. As stated in the SEIR, the MEMU Overlay Zone is a land use plan that guides the physical development within the boundaries of the Overlay Zone. It is not an implementation plan, and adoption of the Overlay Zone does not constitute a commitment to any specific project, construction schedule, or funding priority. Each development proposal undertaken during the planning horizon of the Overlay Zone must be approved individually by the City in compliance with CEQA. Therefore, the MEMU Overlay Zone is analyzed at a program level, which evaluates the effects of the implementation of the entire Overlay Zone. In addition, the Elan Development Project converges with the proposed modifications to the MEMU Overlay Zone, and represents a development proposal within the MEMU Overlay Zone expansion area that must be approved individually in accordance with CEQA. Therefore, the Elan Development Project is described in detail, and a project -level analysis of the potential environmental impacts is provided concurrently with the program -level analysis of the MEMU Overlay Zone Expansion within the SEIR With respect to other individual development projects that may be proposed during the Overlay Zone planning horizon, Section 15168(c) of the State CEQA Guidelines states that subsequent activities should be examined in light of the SEIR to determine whether additional environmental documentation must be prepared. If a later activity would have effects that were not examined in the Metro East Miffed -Use Overlay District Expansion and Elan August 2018 Development Projects 1-1 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75A-137 City of Santa Ana 1. Introduction Program SEIR, subsequent environmental documentation must be prepared, consistent with Sections 15162 through 15164 of the State CEQA Guidelines. If no new effects would occur and no new mitigation measures would be required, the subsequent activity could rely on the scope of the environmental analysis provided in the SEIR, and no additional environmental documentation would be required. As the proposed project involves a program- and project -level component, each component is discussed herein. For ease of understanding, the program -level component will be discussed first in the adjoining chapters, followed by the project -level component. Metro East Mixed -Use overlay District Expansion and Elan August2018 Development Projects 1-2 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75A-138 Chapter CEQA Findings 2.1 :Introduction This chapter presents the potential impacts that were identified in the SEIR and the findings that are required in accordance with Section 15091 of the State CEQA Guidelines. The possible findings for each significant and/or potentially significant adverse impact are as follows: (a) Changes or alterations have been required in, or incorporated into the project which avoid, substantially lessen, or reduce the magnitude of the significant environmental effect as identified in the SEIR ("Finding 1"). (b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the findings. Such changes have been adopted by such other agency or can and should be adopted by such other agency ("Finding 2'�. (c) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives in the EIR ("Finding 3"). 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A final determination with respect to whether to proceed with the proposed project or accept or reject any of the alternatives was provided in the findings as part of certification of the Final MEMU EIR The proposed MEMU Overlay Zone expansion area would result in essentially the same significant impacts as were identified for the proposed project in the MEMU EIR. Therefore, the range of alternatives identified and analyzed are applicable to the modification of the project in this SEIR. The SEIR also considered three scenarios representing a range of reasonable alternatives for the Elan Project. Pursuant to Section 15126.6(a) of the State CEQA Guidelines, the primary intent of an alternatives evaluation is to "describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives." This chapter describes the project objects and design criteria used to develop and evaluate project alternatives presented in the Draft SEIR. A description of the alternatives compared to the proposed project and the findings regarding the feasibility of adopting the described alternatives is presented for use by the City in the decision-making process. 3.2 Project Objectives The following objectives were developed for the MEMU Overlay District Expansion and the Elan Development Projects. 3.2.1 MEMU Overlay District Expansion Objectives The overall objectives of the Overlay Zone are to encourage a more active commercial and residential community, provide an expanded economic base, maximize property sales tax revenues, improve, the jobs/housing balance within the City, and provide for a range of housing options identified in the 2014 Housing Element. Expansion of this Overlay Zone would extend the same objectives into the new area, and implementation of the Overlay Zone is intended to fulfill the following major objectives: • Create an active, mixed-use urban village where it is possible to live, work, shop, and play all within a short walk of each other. Metra East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 3-1 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75A-159 City of Santa Ana 3. Findings Regarding Project Alternatives • Facilitate well-designed new mixed-use development projects that combine residential and nonresidential uses through innovative and flexible design solutions. • Achieve the harmonious integration of new mixed-use development within the existing fabric of the mid -rise and high-rise office environment. • Encourage urban form and architecture that incorporate contemporary design styles and solutions as well as the use of sustainable building and site design concepts such as green buildings, energy -conserving building materials, and landscaping designs that reduce water consumption. • Create highly amenitized streetscapes that provide items such as landscaping, street furniture, niche or linear parks, passive and active water features, public plazas and courtyards, public art, and public transportation shelters in a design that integrates the public realm with the private development and serves to create a distinct identity for the district. • Provide for adequate buffering from the Santa Ana and Costa Mesa freeways. • Create a highly integrated pedestrian system that provides for connectivity between the residential areas and public recreation amenities to the north and the Overlay Zone. • Provide for active street life through the inclusion of dedicated pedestrian -oriented design and active uses on the ground floor at strategic locations. • Provide for a mix of housing in order to encourage a continuum of living and a variety of household types. • Ensure that each project includes exceptional site planning, unique architecture, high-quality building materials, extensive open space, indoor and outdoor amenities, and first-rate public improvements. • Encourage parking solutions that provide for adequate parking to ensure the long-term quality of the project, but that are creative in their design thereby enhancing the area's urban form. Parking requirements are designed to create a level of scarcity that will discourage vehicle trips, increase pedestrian activity, and enhance the provision of high-quality building and site design. • Facilitate project designs that encourage adequate amounts of retail or commercial space to service residents and/or employees within the development and the larger Overlay Zone. Allow for the development of varied residential types in a mixed-use configuration including, but not limited to, loft -style units, live/work units, attached row houses, and high-quality stacked flats. • Provide adequate access for public safety services. • Stimulate investment and reinvestment in the area through the provision of a comprehensive planning framework that facilitates private -market success. 3.2.2 Elan Development Project Objectives The Elan Development Project is intended to implement some of the objectives of the MEMU Overlay District Expansion. Its primary objectives include the following: Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 3-2 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75A-160 City of Santa Ana 3, Findings Regarding Project Alternatives • Facilitating new high-density housing opportunities and commercial opportunities within the City. • Providing new mixed-use development that combines residential and commercial components. • Encouraging live/work opportunities within a mixed-use environment. • Ensuring high-quality architectural features as part of the site planning process. • Providing exceptional public open space and amenities for existing and future residents. • Developing adequate parking that maximizes space and minimizes visual screening. • Activating First Street at a key gateway intersection into the City. • Redeveloping a vacant and blighted site/area. 3.3 Selection of Alternatives The range of feasible alternatives was selected and discussed in a manner to foster meaningful public participation and informed decision-making. Among the factors that were taken into account when considering the feasibility of alternatives (as described in State CEQA Guidelines Section 15126.6[£] [i]) were environmental impacts, economic viability, availability of infrastructure, regulatory limitations, jurisdictional boundaries, and attainment of project objectives. As stated in Section 15126.6(a) of the State CEQA Guidelines, an HIR need not consider an alternative whose effects could not be reasonably identified, whose implementation is remote or speculative, or that would not achieve the basic project objectives. The analysis includes sufficient information about each alternative to provide meaningful evaluation, analysis, and comparison with the proposed project. 3.4 Project Alternatives Findings The following describes the alternatives evaluated in comparison to the proposed project, as well as the specific economic, social, or other considerations that make them infeasible for avoiding or lessening the impacts. The City finds that the adoption of any of the alternatives to the project is infeasible. The reasons for each finding are provided following the description of the alternative, and are further described in the Draft SEIR. 3.4.1 MEMO Overlay District Expansion Alternatives (Program - Level) As discussed in Chapter 1, Introduction, above and in Chapter 6, Alternatives, of the Draft SEIR, the original Final EIR for the MEMU Overlay Zone (SCH No. 2006031041) prepared in 2007 examined a range of alternatives that would substantially lessen at least some of the significant impacts associated with implementation of the proposed project, while still meeting the project objectives. A final determination with respect to whether to proceed with the proposed project or accept or reject any of the alternatives was provided in the findings as part of certification of the Final MEMU EIR. Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 3-3 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75A-161 Cityof Santa Ana 3. Findings Regarding Project Alternatives Ultimately, three scenarios representing a range of reasonable alternatives were selected for detailed analysis and carried forward in the MEMU EIR: • Alternative 1- No Project/Reasonably Foreseeable Development (Continuation of Existing General Plan): Under this alternative, development in the project area would occur under the existing General Plan and zoning designations. • Alternative 2 - Higher Intensity Commercial Project: This alternative would permit a higher intensity of commercial development and a corresponding decrease in residential density for projects proposed within the Overlay Zone relative to the proposed overlay plan. This alternative would reduce the number of residences (by approximately half) and increase employment opportunities as a result of more commercial/office sues. • Alternative 3 - Reduced Project; This alternative would allow development at a maximum Floor Area Ratio (FAR) of 1.25 for each developable parcel within the Overlay Zone without consideration of residential density. The anticipated mix of commercial, office, and residential land uses would be identical to the proposed project; however, a maximum FAR would be established that would limit development potential and, therefore, density and height. Under this alternative there would be no differentiation between different areas (districts) in the Overlay Zone. The 2007 MEMU EIR found that each of these alternatives would reduce some potential impacts. Alternative 1 would achieve some of the project objectives, but would not achieve others (or would achieve them to a lesser degree than the proposed project). Alternative 2 would achieve all of the project objectives, similar to the proposed project Alternative 3 would achieve some of the project objectives, but would not improve the jobs/housing balance within the City to the level provided by the proposed project. An EIR must identify the environmentally superior alternative to the proposed project from among the range of reasonable alternatives. This would ideally be the alternative that results in few significant and unavoidable impacts. State CEQA Guidelines Section 15126(d)(2) states that if the environmentally superior alternative is the no project alternative, the EIR shall also identify an environmentally superior alternative from among the other alternatives. Alternative 1 does not reduce any of the proposed project's significant impacts to less -than - significant levels; however, it does lessen the severity of many of the impacts. Similarly, Alternatives 2 and 3 would reduce the potential impacts of the proposed project, although not to the same degree as Alternative 1. Alternative 1 would therefore be environmentally superior as it would reduce significant impacts associated with air quality, noise, and transportation. The proposed MEMU Overlay Zone expansion area would result in essentially the same significant impacts as were identified for the proposed project in the 2007 MEMU EIR. Therefore, the range of alternatives identified and analyzed are applicable to the modification of the project in this SEIR As discussed above, Alternatives 1, 2, and 3 would each achieve at least some of the project objectives and would reduce the severity of some potential impacts. However, none of these alternatives would reduce significant impacts to less -than -significant levels. Alternative 1 would remain the environmentally superior alternative as it would reduce significant impacts associated with air quality, noise, and transportation. Thus, the findings from the 2007 MEMU EIR for each of these alternatives are applicable to the proposed project and are included below. Metro East Mixed -Use Overlay District Expansion and Elan August 2018- - Development Projects 3-4 ICF 19.19 Findings of Fact/statement of Overriding Considerations 75A-162 City of Santa Ana 3. Findings Regarding Project Alternatives Findings for Alternative 1: No Project/Reasonable Foreseeable Development Alternative (Continuation of Existing General Plan) The City hereby finds that the No Project/No Development Alternative is infeasible for the following environmental, economic, social, and other considerations: • Would not create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other. • Would not facilitate well-designed new mixed-use development projects that combine residential and non-residential uses through innovative and flexible design solutions. • Would not achieve the harmonious integration of new mixed-use development within the existing fabric of the mid -rise and high-rise office environment. • Would not create highly-amenitized streetscapes that provide items such as landscaping, street furniture, niche or linear parks, passive and active water features, public plazas and courtyards, public art and public transportation shelters in a design that integrates the public realm with the private development and serves to create a distinct identity for the district. • Would not create a highly -integrated pedestrian system that provides for connectivity between the residential areas and public recreation amenities to the north and the Overlay Zone. • Would not provide for active street life through the Inclusion of dedicated pedestrian -oriented design and active uses on the ground floor at strategic locations. • Would not provide for a mix of housing in order to encourage a continuum of living and a variety of household types. • Would not allow for the development of varied residential types in a mixed-use configuration including, but not limited to, loft -style units; live/work units, attached row houses, and high- quality stacked flats. Findings for Alternative 2: Higher Intensity Commercial Project The City hereby finds that the Higher Intensity Commercial Alternative is infeasible for the following environmental, economic, social, and other considerations: • Would not create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other to the extent of the proposed project. • Would not provide for a mix of housing in order to encourage a continuum of living and a variety of household types'to the extent of the proposed project. • Would not allow for the development of varied residential types in a mixed-use configuration including, but not limited to, loft -style units, live/work units, attached row houses, and high- quality stacked flats to the extent of the proposed project. Findings for Alternative 3: Reduced Project The City hereby finds that the Reduced Project Alternative is infeasible for the following environmental, economic, social, and other considerations: Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 3-5 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75A-163 .City of Santa Ana 3. Findings Regarding Project Alternatives • Would not create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other to the extent of the proposed project. • Would not achieve the harmonious integration of new mixed-use development within the existing fabric of the mid -rise and high-rise office environment due to the reduced development intensity compared to the proposed project • Would not create a differentiation between different areas of the Overlay Zone. • Would not provide for a mix of housing in order to encourage a continuum of living and a variety of household types to the extent of the proposed project. • Would not facilitate project designs that encourage adequate amounts of retail or commercial space to service residents and/ or employees within the development and the larger Overlay Zone. • Would not allow for the development of varied residential types in a mixed-use configuration including, but not limited to, loft -style units, live/work units, attached row houses, and high- quality stacked flats to the extent of the proposed project. 3.4.2 Elan Development Project Alternatives As shown below and in Chapter 6, Alternatives, of the Draft SEIR and Chapter 3, Clarifications and Modifications to the DraftSE1R, of the Final SEIR, four alternatives were evaluated in comparison to the Elan Development Project The environmental advantages and disadvantages of each of these alternatives are described. The following alternatives were selected for analysis: • Alternative Ela: No Project/No Development: Under this alternative, no changes to the proposed project site would occur. Physical conditions at the site would remain in their current state. Alternative Elb: No Project/Existing General Plan and Zoning: Under this alternative, the proposed mixed use development would not be constructed. Rather, the project site would be developed in a manner consistent with its existing zoning and General Plan land use designation. This alternative provides an analysis of the type of development and impacts that would be expected to occur if the site were used solely for general commercial uses, and did not include any mixed uses. • Alternative E2: Alternative Site: This alternative would involve development of the Elan Development Project on an alternative site within the MEMU Overlay Zone expansion area. • Alternative E3: Reduced Project/Reduced Site: This alternative considers avoiding demolition of the existing Elks Lodge building and instead focusing development to the northern one-third of the site (approximately 2 acres). Alternatives Considered but Eliminated from Further Evaluation Alternative E2: Alternative Site would involve development of the Elan Development Project on an alternative site within the MEMU Overlay Zone expansion area. The City and applicant have explored other sites within the existing and expanded MEMU Overlay Zone that could potentially accommodate a similar project Based on recent searches, no other comparable sites are available Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 3-6 ICF 19.18 Findings of Fact/Statement of Overriding considerations 75A-164 City of Santa Ana 3. Findings Regarding Project Alternatives that could accommodate a development similar to the Elan Project. Therefore, this alternative has been rejected from further consideration. Alternative E3: Reduced Project/Reduced Site considers avoiding demolition of the existing Elks Lodge building and instead focusing development to the northern one-third of the site (approximately 2 acres). Therefore, this alternative would essentially reduce the project by two- thirds, yielding a potential development of approximately 200 residential units and approximately 2,800 square feet of commercial uses on the ground floor. All impacts associated with the proposed Elan Project would be reduced, including air quality, traffic, and noise, as well as the significant and unavoidable cultural resources impact associated with demolition of the Elks Lodge building. However, as noted above, the Elks Lodge operations are moving out of the existing building to a new facility, which could result in the building falling into disrepair if not maintained or re -occupied with another use. This alternative is not considered feasible because it would render the proposed Elan Development Project physically unable to meet the development standards of the MEMU Overlay District for mixed-use projects on a small portion of the entire development site. It would be very difficult to disguise the parking (underground or wrap) and build a mixed-use building with all of the frontage, setbacks, open space, and other development standards on the remaining lot. This alternative would also not achieve many of the project objectives, including, but not limited to, facilitating well- designed new mixed-use development projects through innovative and flexible design solutions, achieving harmonious integration of new mixed-use development, creating extensive outdoor amenities, or creating creative parking solutions that enhance the areas urban form. A smaller project on the northern one-third of the site, combined with the existing surrounding development and the remaining Elks Lodge building, would result in design challenges that do not achieve the City's desired planning objectives. For these reasons, this alternative has been rejected from further consideration. Alternative Ela: No Project/No Development Under the No Project/No Development Alternative, development of the Elan Project would not occur. The existing site would remain in its current state—the northern one-third of the property would remain vacant and undeveloped, and the Elks Lodge building would remain intact on site. As part of a separate project, the Elks Lodge operations are moving their operations to a new 52,720 - square -foot facility at 1701 East Saint Andrew Place in Santa Ana. Therefore, the Elks Lodge building would be vacated and could fall into disrepair if not maintained or re -occupied with another use. All impacts associated with the proposed Elan Project would be avoided, including the significant and unavoidable cultural resources impact associated with demolition of the Elks Lodge building. Findings The City hereby finds that the No Project/No Development Alternative for the Elan Development Project is inferior to the proposed project because it would not meet any of the objectives of the Elan Development Project. Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 3-7 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75A-165 City of Santa Ana 3. Findings Regarding Project Alternatives Alternative E1b: No Project/Existing General Plan and Zoning Under the No Project/Existing General Plan and Zoning Alternative, development of the Elan Project Would not occur. Instead, it maybe reasonably foreseeable that that site could be developed according to the existing General Plan and Zoning. The existing General Plan designation is GC (General Commercial), and the site is zoned C2 (General Commercial). The combined GC land use designation and C2 zoning would allow for a variety of retail and service uses, professional, administrative and business offices, parking lots and structures, automobile sales, and various other commercial uses. The site could be developed with a floor area ratio (FAR) density of O.S. At 6.4 acres, this would equate to approximately 278,784 square feet of commercial uses. Using the same trip rates for retail/commercial uses (shopping center) as presented in the Traffic Study for the Elan Project (Appendix G2 of the Draft SEIR), this alternative could generate 11,904 daily trips (approximately 270 AM peak hour trips and approximately 1,039 PM peak hour trips). Compared to the 4,648 net project trips for the Elan Project, this represents an increase in vehicle trips by a factor of more than 2.5. Compared to the proposed Elan Project, in addition to increased traffic impacts, this alternative would result in increased air quality emissions, increased GHG emissions, and increased noise. Additionally, this alternative would not reduce or avoid the significant and unavoidable cultural resources impact associated with demolition of the Elks Lodge building. This alternative would also not achieve many of the project objectives, including, but not limited to, facilitating well-designed new mixed-use development projects through innovative and flexible design solutions, achieving harmonious integration of new mixed-use development, creating extensive outdoor amenities, or providing new high-density hours and live/work opportunities within a mixed-use environment. Findings The City hereby finds that the No Project/Existing General Plan and Zoning Alternative is inferior to the proposed project because in addition to increased traffic impacts, this alternative would result in increased air quality emissions, increased GHG emissions, and increased noise. Additionally, this alternative would not reduce or avoid the significant and unavoidable cultural resources impact associated with demolition of the Elks Lodge building. This alternative would also not achieve many of the project objectives, including, but not limited to, facilitating well-designed new mixed-use development projects through innovative and flexible design solutions, achieving harmonious integration of new mixed-use development, creating extensive outdoor amenities, or providing new high-density hours and live/work opportunities within a mixed-use environment Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 3-8 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75A-166 Chapter 4 Statement of Overriding Considerations 4.1 Introduction Section 15093 of the State CEQA guidelines states: (a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects maybe considered "acceptable." (b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reason to support its actions based on the final EIR and/ or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. The City of Santa Ana proposes to adopt a Statement of Overriding Considerations regarding the potential unavoidable significant impacts of the proposed project. This section describes the anticipated economic, social, and other benefits or other considerations of the proposed project to support the decision to proceed with the project even though all of the identified impacts are not mitigated to a less -than -significant levels. 4.2 Unavoidable Significant Adverse Impacts The City is proposing to approve the proposed project, with reductions and revisions to reduce environmental impacts, and has prepared a SEIR required by CEQA. Even with reductions and revisions in the project, the following impacts are unavoidable because it has been determined that no feasible mitigation is available. Refer to Chapter 2, CEQA Findings, for further clarification regarding the impacts listed below. Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 41 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75A-167 City of Santa Ana 4. Statement of Overriding Considerations 4.3 Metro East Mixed -Use Overlay Zone Expansion (Program -Level) . Air Quality Impact 4.1-1 Construction activities associated with the proposed project would exceed South Coast Air Quality Management District Standards for VOC and NOx, and would result in a projected air quality violation. Impact 4.1-2 Operation of the proposed project would exceed South Coast Air Quality Management District standards for VOC, NOL CO, PM 10, and PM2.5 and would result in a projected air quality violation. Impact 4.1-3 Construction and operation of the proposed project could result in a cumulatively considerable net increase of criteria pollutants for which the proposed project region is in nonattainment under an applicable federal or state ambient air quality standard. Cumulatively, the proposed project would also have significant and unavoidable impacts with regards to the above-mentioned impacts. Greenhouse Gas Emissions Impact 4.3-1 Development of the proposed project would result in a net increase in emissions over existing conditions and would be considered a significant impact. Cumulatively, implementation of the proposed project would also result in a significant and unavoidable impact with regards to the above-mentioned impact Noise Impact 4.7-4 Construction activities associated with the proposed project could generate or expose persons or structures to excessive groundborne vibration. Impact4.7-5 Operation of the proposed project would generate increased local traffic volumes that would cause a substantial permanent increase in ambient noise levels in the project vicinity.. Cumulatively, the proposed project would also have significant and unavoidable impacts with regards to construction -period groundborne vibration. Traffic/Transportation Impact 4.8-1 Implementation of the proposed project would cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Impact 4.8-2 Implementation of the proposed project would exceed standards established by the Orange County Transportation Authority within the Study Area. Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 4-2 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75A-168 City of Santa Ana 4. Statement of Overriding Considerations Cumulatively, the proposed project would also have significant and unavoidable impacts with regards to the above-mentioned impacts. 4.3.1 Short -Term Impacts Of the eight significant unavoidable impacts directly attributable to the proposed project and associated cumulative impacts, as identified above, none would be classified as short-term. Because this document is programmatic in nature and would be used to guide future development and subsequent environmental analysis within the City, potential short-term impacts will be analyzed during specific projects CEQA review. 4.3.2 Long -Term Impacts Of the eight significant unavoidable impacts directly attributable to the proposed project and associated cumulative impacts, as identified above, all of the aforementioned impacts are considered long-term. 4.4 Elan Mixed -Use Development (Project -Level) Cultural Resources Impact 4.2-E1 Development of the Elan Development Project would result in a substantial adverse change to a historical resource. The Santa Ana Elks Lodge was been found eligible for listing in the California Register of Historical Resources and the Santa Ana Historic Property Register, and is considered a historical resource under CEQA. Noise Impact 4.7-E4 Construction activities associated with the Elan Development Project could generate or expose persons or structures to excessive groundborne vibration. 4.4.1 Short -Term Impacts Of the two significant unavoidable impacts directly attributable to the Elan Development Project, all would occur during construction activities and would be considered short-term. 4.4.2 Long -Term Impacts Of the two significant unavoidable impacts directly attributable to the Elan Development Project, none of the aforementioned impacts are considered long-term. Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 4-3 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75A-169 City of Santa Ana 4.5 Findings 4. Statement of Overriding Considerations As presented in Chapter 2, CEQA Findings, the City has evaluated all significant and unavoidable impacts and has analyzed all feasible mitigation measures and project revisions, and determined that economic, social, or other considerations make infeasible the mitigation measures or project alternatives in the EIR. 4.6 Overriding Considerations Specific economic, social, or other considerations outweigh the impacts stated above. The reasons for proceeding with the proposed project, even though all of the identified impacts are not fully mitigated to a less -than -significant level, are described below. 1. Building upon the success of the original 2007 MEMU Overlay Zone adoption and expanding it westward to create additional opportunities for mixed-use development. 2. Expansion of the Overlay Zone further increases opportunities for employees to live in proximity to their jobs reducing the number and length of vehicle commutes. Expansion of the Overlay Zone also provides for the conversion of retail and office properties for mixed-use residential purposes, allowing for the originally proposed increase of 5,551 residential units to be spread over a larger area. 3. The proposed project emphasizes the development of mixed-use structures that integrate housing with ground level retail and office uses. In addition to providing opportunities for residents to live closer to their jobs Olve/work and other facilities), residents would be located closer to retail, commercial services, and entertainment. Additionally, locating residents in proximity to commercial uses increases the customer base and economic activity of businesses, provides an "eyes -on" mixed-use community that improves public safety, and increases pedestrian activity within the area. 4. Expansion of the Overlay Zone also provides the same development and design guidelines that will maintain and enhance the character of the expansion area. It provides for management of the design and scale of new structures within the Overlay Zone to preserve and enhance their character and quality. It also distinguishes pedestrian- from automobile -oriented commercial districts by regulating the location and design of sidewalk fronting, building elevations, location of parking, and implementation of streetscape amenities in the latter. Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 4-4 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75A-170 Exhibit B: Mitigation, Monitoring, and Reporting. Program (MMRP) Resolution No. 2018-xx Pagel 1 of 12 75A-171 MITIGATION MONITORING AND REPORTING PROGRAM FOR THE METRO EAST MIXED-USE OVERLAY DISTRICT EXPANSION AND ELAN 0 DEVELOPMENT PROJECTS PREPARED FOR: City of Santa Ana, Planning and Building Agency 20 Civic Center Plaza, M20 Santa Ana, CA 92701 Contact: Ali Pezeshkpour, AICP, Senior Planner (714) 647-5882 PREPARED BY: ICF 49 Discovery, Suite 250 Irvine, CA 92618 Contact: Chad Beckstrom, AICP (949) 333-6625 August2018 axvvnn 75A-172 ICF. 2018. Mitigation Monitoring and Reporting Program for the Metro East Mixed -Use Overlay District Expansion and Elan Development Projects. August. (ICF 0019.18.) Irvine, CA. Prepared for City of Santa Ana, CA. 75A-173 Mitigation Monitoring and Reporting Program Introduction The California Public Resources Code, Section 21081.6, requires that a lead or responsible agency adopt a mitigation monitoring and reporting program (MMRP) when approving or carrying out a project when an environmental impact report (EIR) identifies measures to reduce potential adverse environmental impacts to less -than -significant levels. An EIR has been prepared for the project that addresses the potential environmental impacts, and, where appropriate, recommends measures to mitigate these impacts. As such, an MMRP is required to ensure that the adopted mitigation measures are implemented successfully. As lead agency for the proposed project, the City of Santa Ana (City) is responsible for adoption and oversight of the MMRP. This document plan lists each mitigation measure, describes the methods for implementation and verification, and identifies the responsible party or parties. Project Overview The City is proposing to expand the boundaries of the existing approximately 200 -acre Metro East Mixed Use (MEMU) Overlay Zone by an additional 33.52 acres, while maintaining the potential development capacity in place. Additionally, the City is considering an application within the expanded MEMU boundaries for the development of a mixed-use project featuring 603 residential apartments and approximately 8,500 square feet (so of commercial space on the old Elks Club site at the corner of Lyon and First Street (Elan Project). The MEMU Overlay zoning document would also be updated to refine development standards and allowable land uses. Together these proposals constitute the "proposed project" The City actions required to approve the proposed project include the following: • Certify the SEIR and adopt the Mitigation Monitoring and Reporting Program. • Approve the General Plan Amendment. • Approve the Zone Change. Monitoring and Reporting Procedures The MMRP for the proposed project will be in place through all phases of the project, including design, construction, and operation. The City will be responsible for administering the MMRP and ensuring that all parties comply with its provisions. The City may delegate monitoring activities to staff, consultants, or contractors. The City will also ensure that monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to rectify problems. Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 1 ICF 00019.18 75A-174 City of Santa Ana Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Implementation Due to the program- and project -level components of this SEIR, the MMRP has been divided into two parts to address each component separately. The mitigation measures that pertain to implementation of the MEMU Overlay District.Expansion and their methods of implementation are listed in Table 1. The mitigation measures, which include several mitigation measures from the program -level component, that pertain to the Elan Development Project are listed in Table 2. Certain inspections and reports may require preparation by qualified individuals, and these are specified as needed. The timing and method of verification for each measure are also specified. It should also be noted that where applicable, mitigation measures from the 2007 Final MEMU EIR were carried forward into this SEIR, and, for some impacts, new mitigation measures were developed (highlighted gray in the tables below). Mitigation measures carried forward from the 2007 Final MEMU EIR maintained their original numbering and naming convention from the MEMU EIR and begin with "MM -OZ" in this MMRP. Project Contact Information Lead Agency: City of Santa Ana, Planning and Building Agency 20 Civic Center Plaza, M20 Santa Ana, CA 92702 Contact Person/Telephone: Ali Pezeshkpour, AICP, Senior Planner (714) 64.7-5882 Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 2 ICF 00019.18 75A-175 6a° m .C� G P 0 0 0 F T 'L Y ppu o pup b o n o b o D F F F OL.. u 4 u Com. u m F F d C C F v 1 tj u m a` m ba C m c can G m c Q ° C C to mm F F c F q F q 9 C b R O m m 7 m y Ny N O m— O u d ++ O m u t, d C m" u 4 m •O d. 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Fm tE 'O Y R F C Y L L L IFC Ip ..Ni 'mYm..�E �aF aac. �7 Ea o v�v c. r N M 75A-209 4:3 m I Exhibit C: General Plan Amendments Resolution No. 2018-xx Page 12 of 12 75A-21 0 City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division Adopted February 2, 1998 (Reformatted January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by the Santa Ana City Council February 2, 1998 (GPA 1997- 05): GPA2018-01(Augusl21,2018) GPA 2018-02 (May 15, 2018) GPA 2015-01(May 16, 2018) GPA 2017-02 (December 19,2D17) GPA 2017-01(Jum 20, 2017) GPA 2016-03 (February 21, 2D17) GPA 2016-02 (May 17, 2016) GPA2016-01(Apol 19, 2016) GPA 201503 (February 2, 2016) GPA 2014-02 (October 21, 2014) GPA 2014-01 (June 3, 2014) GPA 2011-03 (March 19, 2012) GPA 2(305-02 (October 17,2005) GPA 2001-02 (January 7, 2002) GPA 2011-02(June6, 2011) GPA 2004.01(Apo15,2005, as passed by GFA 20OD09(May 7,2001) GPA 2010-01 (June 7,2010) umvotars01S6ntaAna) GPA 200D.08 (February 5, 2001) GPA 200E-02(July 20,2009) GPA 2004-04(July19, 2004) GPA 20OD-03(December4. 2000) GPA 2007-03 (May 18,2009) GPA 2004-06(Juy 6, 2004) GPA 2000-02(November20, 2000) GPA 200a-01 (May 6, 2008) GPA 20D3-02(June 16, 2003) GPA 1999 02 (October la 1999) GPA 2DD4-D3 (February 2, 2009) GPA 200MI (February 18,20M) GPA 199MI (August 16,1999) GPA 2007-02 (June 18, 2007) GPA2002-01 (September 3, 2002) GPA 199H4(Oclober5, 1998) GPA 2007-01(Manch 19, 2007) GPA 2002-03 (August 19, 2002) GPA 199S-05(September 21, 1998) GPA 2006-01(October 2, 2006) GPA 2001-03 (February 19, 2002) GPA 1998-01 (May 4, 1998) GPA 2005-01(December 5, 2005) 75A-211 LAND USE ELEMENT areas. To encourage a dynamic mixture ofresidential, office and commercial uses, within these areas both building intensity and residential density is based on floor area ratio and zoning development standards. In calculating either the allowable floor area or the allowable residential density, it is the City's policy to not allow upward rounding. The Land Use Plan is illustrated in Exhibit 2. Additional information concerning the Land Use Plan and the land use designations is provided in Table 1 (Land Use Development Intensity Standards), and in the Appendix. Table 1 Notes: I The intensity standards shown refer to the theoretical maximum amount of development permitted for each land use designation (du -dwelling units; FAR -floor area ratio). Development must also adhere to zoning regulations, and/or specific plan requirements. s The District Center and Urban Neighborhood land use designations permit both residential and non-residential development. Commercial Intensities may vary. Baseline FAR is 0.5. Specific areas allowing greater intensifies are Indicated in Exhibit A-3. One Broadway Plan District Center land use designation permits office, restaurant and ancillary retail for a master planned development 'Refer to Appendixfor description of Land Use designations. CRY OF SANTA ANA GENERAL PLAN 75A-212 15 LAND USE ELEMENT LAND USE PLAN IMPLEMENTATION To effectively achieve the broad range of goals outlined for the City's future growth and development, a variety of plans, programs, and regulations must be relied upon. This section of the Element discusses these tools, and how they correlate with implementation of the City's land use goals. DEVELOPMENT INTENSITY STANDARDS Table A-1 summarizes the development intensity standard foreach ofthe General Plan designations, and provides land use distribution by acreage for the land use. The intensity standards for the categories permitting residential development are expressed in density, measured in "units per acre,' or floor area ratio and zoning development standards in the case of certain Mixed Use land use designations. The intensity standards for non-residential development are expressed as "floor area ratio" or FAR. The FAR concept is illustrated in Exhibit A-3. The intensity standards in concert with the zoning and development standards regulate the massing, form and building size. Table A-1 du.- dwelling unit, FAR - floor area ratio . Residential development Is net a permitted use. CITY OF SANTA ANA GENERAL PLAN A-11 75A-213 LAND USE ELEMENT The City established development intensity standards in 1988, for nonresidential land use designations. The standards measure intensity through the use of floor area ratios. The floor area ratios proposed for the City's major commercial corridors are expected to remain in place over the life of the Land Use Element. Those areas of the City proposed for the most intensive levels of development include district centers, professional and administrative office districts, and several other commercial centers with a unique character, or special development concerns. Some of these areas correspond to those for which Specific Plans have been prepared. The proposed floor area ratio(s) for most of the City's commercial corridors allows structures of two to three stories with surface parking. The major development areas -the District Centers and Professional/Administrative Office Districts along Tustin Avenue and East First Street -allow mid -rise and high-rise buildings with structured parking. These areas are expected to generate the highest level of development activity in the City as centers of commerce. These areas are listed in Table A-2 and are shown in Exhibit A-4. The floor area ratios indicated in Table A-2 are the maximum building intensity allowed for development. A-12 CITY OF SANTA ANA GENERAL PLAN 75A-214 LAND USE ELEMENT Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Urban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: The Low Density Residential (LR -7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City (6,454.6 acres) representing 47 percent of the City's total land area. ■ The Low -Medium Density Residential (LMR -11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is approximately 420.6 acres. The great majority of the land designated as Low -Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. The Medium Density' Residential (MR -15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 362.3 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple -family development projects. CIN OF SANTA ANA GENERAL PLAN A-7'9 75A-215 LAND USE ELEMENT Commercial The Land Use Plan identifies three land use designations that encourage a variety of office, retail and commercial enterprises to serve the community. The Professional/Administrative Office {PAO) designation applies to those areas where professional and/or administrative offices are predominant, or where such development is being encouraged. Land included in this designation is found primarily near the Civic Center, and along the First Street and Tustin Avenue Corridors in close proximity to freeways. There are other smaller PAO areas in the City such as along North Broadway and along portions ofeast and west Seventeenth Street. A total of 600.8 acres is included in this land use designation. The floor area ratio intensity standard applicable to this land use designation ranges from 0.5 to 1.0. A-20 The Professional and Administrative Office areas are intended to provide a unique environment for office development in those areas of the City where office uses are the predominant land use. The purpose for maintaining and supporting these areas exclusively for office and office -related uses is to encourage major employment centers at locations which significantly lessen the impact to the City's local street system. The First Street/Tustin Avenue office corridor between the Santa Ana (I-5) and Costa Mesa (SR -55) Freeways serves this purpose. In addition, the orderly, well-maintained quality of existing development supports a continuation of these areas as functional office/employment centers. The Professional and Administrative Office designation includes a range of floor area ratios to differentiate development intensity and character in relation to adjacent land uses. The areas with a FAR of 0.5 are not major office centers, but rather have an established character of lower intensity garden office and professional service uses. These areas are typically adjacent to low density residential neighborhoods, or are converted residential office uses. Office development along East Fourth Street, between Grand Avenue and the Santa Ana Freeway, is typical of this low-rise office character. The PAO area located adjacent to the Civic Center contains a range of office development intensity which supports the City's functional role as the government center of the County The types of uses typically located in the PAO district include the following: ■ Professional and administrative offices/office parks; Service activities such as copy centers, courier services, travel agencies, and restaurants when such uses are an integral component of a planned office development; and Professional uses such as accountants, attorneys, doctors, engineers, and insurance brokers. 75A-216 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT The General Commercial (GC) district applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio of0.5 -1.0, though most General Commercial districts have a FAR of b.5. A total of 855.3 acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. The General Commercial development standards are based upon the character and intensity of development, as well as the degree of access and market demand for these properties. The relationships to adjacent land uses, are also considered. Uses typically located in this district are: • Business and professional offices; • Retail and service establishments; ■ Recreational, cultural, and entertainment uses; and ■ Vocational schools. General Commercial Districts have a floor area ratio of0.5 with the exception of the Mid -town area which has an floor area ratio of up to 1.0. One Broadway Plaza District Center is a separate land use designation as it has an FAR. of2.9, which exceeds the typical District Center intensity limit Additionally, it does not include a residential component. One Broadway Plaza is envisioned as a landmark professional office complex that will be a focal point in the Downtown Redevelopment area serving the Civic Center complex, Downtown, and Midtown urban areas. The City's District Centers and major development areas are shown in Exhibit A-5. CIN OF SANTA ANA GENERAL PLAN A-21 75A-217 ,]� VfL+wr,ini C� LAND USE ELEMENT Mixed Use The Land Use Plan provides for two distinct mixed use land use designations. These designations allow for both vertical and horizontal mixed use developments, with an emphasis on linkages to a range of transportation options: ■ The District Center (DC) land use designation includes the major activity areas in the City. Seven areas of the City, totaling 681.1 acres, are designated as District Center. The intensity standard for the District Center designation ranges from a floor ratio of 1.0 to 5.0. District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character that includes a mixture ofhigh- rise office, commercial, and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. Residential developments within some District Centers are allowed at a density of up to 90 units per acre when developed as an integral component ofa master planned mixed use project. In Harbor Corridor, Metro Easy Downtown, and Transit Village District Centers residential development intensity is based on a combination of floor area ratio and zoning overlay and/or development standards. Some District Centers serve as major retail and employment centers locally and regionally, and should include development which promotes the City as a regional activity center while creating an environment conducive to business on a regional scale. District Centers in Santa Ana include the following: • The Main Place/City Place District Center includes a regional shopping center and office complex, as well as high intensity housing and mixed-use development. ■ The Museum District located between the Downtown and MainPlace/City Place District Centers is proposed as a major office/cultural center which will be developed over the next 15 to 20 years. The area will focus upon the expanded Bowers Museum, the Discovery Science Center and the construction of additional museums and cultural centers. The Downtown District serves as one of the County's major employment and governmental operations centers complemented with a mix of residential, commercial, and services uses to enhance its urban vibrancy. Emphasis on streets that accommodate all modes of transportation, including mass transit, pedestrian and bicyclist is key in this urban setting. A-22 CIT! OF SANTA ANA GENERAL PLAN 75A-218 LAND USE ELEMENT The intensity standard for the Urban Neighborhood ranges from a floor area ration of 0.5 to 3.0; with residential density based on a combination of floor area ratio and zoning development standards. A total of 313.4 acres of land in the City are designated Urban Neighborhood. Industrial The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections ofthe City. A total of2,152.8 acres of land in the City is designated as Industrial. The maximum floor area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: ■ Light and heavy product manufacturing and assembly. • Commercial uses which are ancillary to industrial uses in the district. Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of 800.6 acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of 1,010.9 acres are included in this land use designation. Of this total, 358 acres of public park land is included in this land use designation. A-24 CITY OF SANTA ANA GENERAL PLAN 75A-219 LAND USE ELEMENT ExhlbitA-5 Major Development Areas 1-MainPlace 7- Tustin Avenue Corridor City Limits 2 -Museum District 8 -Metro East 3 -Downtown 9 -Transit Village 4- One Broadyway Plaza 10 -Harbor Mixed -Use Corridor S-Southcoast Metro 0 0.6 11 Was 6 -MacArthur Place -� CRY OF SANTA ANA GENERAL PLAN A-25 75A-220 LAND USE ELEMENT Table A-4 Land' Use Plan Build -out Capacities Subtotal 1,811.5 1 15,781,701 sl I 28,243,811 s PAR =floor area raga; d.u. = dwelling unit s.r =square feet (of floor area). Acreage shown in table does not include mads in right-of-way. ' Effective capacity for non-residential development assumes development possible under the lower range of FAR Intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Conidor District Center, Metro East District Center, Transit Village DlsMct Center, Downtown District Center, and Urban Neighborhood areas allow a range of Intensity for mixture of residential and non-residendal development based on the zoning development standards. Residential effective capacity was calculated by adding the 21,255 units possible in the District Center and Urban Neighborhood with the stating 74,588 (Census 2000) housing units. a Land use designation permits both residenUal and non-residential development Build -out assumes 90% of land area will be developed as commercial. and 10% will be developed as residents; with the exception of Town and Country Manor project Intended for continuum of care and housing seniors, ' Land use deslgnatian permits high Intensity office development with ancillary retail use. This table has been revised to comespand with the GIS Land Use Alap i0ostraled in Exhibit P CIN C F SANTA ANA GENERAL PLAN 75A-221 — A-35 Intensity/ I Effective Buildout' Theoretical Land Use I Acres I Density Buildout Law Density Residential LR -7 1 6,454.5 7dulac 1 45,182 du Low Medium Density Residential LMR -11 1 420.6 11 dulac 4,627 du Medium Density Residential MR -15 362.3 15 du/ac 5,435 du Subtotal 7,237.5. 95,943 du' 55,243 du „• kJ n-, District Center Others DC - 1 309.5 90 du lac 11,955,583 at 3,017 du 23,764,534 s 3,017 du FAR 1.0-2.0 Heritage OC 18.81 FAR 1.7 54,090 at 1,221 du _ 54,090s 1,221 du Downtown DC 62.5 FAR 3.0 2,057,824 at 1,661 du 2,057,824 sf 1,661 du Metro East DC 113.9 FAR 0.75- 3.0 2,464,776 sf 5,037 du 2.464.776s 5,037 du Transit Village OC 51.4 FAR 5.0 402,864 sf . 2,761 du 402,864s 2,761 du Harbor Corridor DC 12&0 FAR 5.0 1,836,155 sf 2,029 du 1,836.155S 2,029 du Urban Neighborhood UN 313.4 FAR 0.5-0.0 1,655,955 sf 5,529 du 1,656,955 s 5,529 du 994.5 20,428,247 st 21,255 do 32,327,198 s 21,255 the Subtotal Professional &Admin. Office PAO 600.5 FAR 0.5-1.0 13;085,424 sf 26,170.848 s General Commercial GC 855.3 FAR 0.5-1.0 18,628,434 sf 37,256,868 s One Broadway Plaza District CW 0BPDC 4.3 FAR 2.9 543,193 sf 543,193s Subtotal 1,460.4 32,257,051 at 63,970,909 s Industrial IND 21529 FAR 0.45 I 42,199,991 sf 1 42,199,991 s a Institutional INS7800.61FAR 02-0.5 6,974,740 st 17,436,650 sOpen Space OS 1 FAR 0.2 6,806,961 sf 8,806,961 s Subtotal 1,811.5 1 15,781,701 sl I 28,243,811 s PAR =floor area raga; d.u. = dwelling unit s.r =square feet (of floor area). Acreage shown in table does not include mads in right-of-way. ' Effective capacity for non-residential development assumes development possible under the lower range of FAR Intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Conidor District Center, Metro East District Center, Transit Village DlsMct Center, Downtown District Center, and Urban Neighborhood areas allow a range of Intensity for mixture of residential and non-residendal development based on the zoning development standards. Residential effective capacity was calculated by adding the 21,255 units possible in the District Center and Urban Neighborhood with the stating 74,588 (Census 2000) housing units. a Land use designation permits both residenUal and non-residential development Build -out assumes 90% of land area will be developed as commercial. and 10% will be developed as residents; with the exception of Town and Country Manor project Intended for continuum of care and housing seniors, ' Land use deslgnatian permits high Intensity office development with ancillary retail use. This table has been revised to comespand with the GIS Land Use Alap i0ostraled in Exhibit P CIN C F SANTA ANA GENERAL PLAN 75A-221 — A-35 City of Santa Ana General Plan Urban Design Element 1998 City of Santa Aria Planning Division Adopted July 6; 1998 (Reformatted January 2010) This document includes revisions to the Urban Design Element adopted by City Council March l9, 2007 (GPA 2007-01) and as passed - -hy the voters of Santa Ana April 5, 2005 (GPA 2004-01) and GPA 2018-01 (August 21, 2018). 75A-222 URBAN DESIGN ELEMENT Exhibit 4 City Form Map Distria Neighborhoods Paths: Traveling Routes ® Nodes: Destination Poln4 Form lnteneolons: Lool Apes ® landmarks; Fool Points ® Gateways: Arrival Paints Gy limits U 0 0.6 12MIles CITY OF SANTA ANA GENERAL PLAN 21 75A-223 � N URBAN DESIGN ELEMENT Exhibit 5 Districts L1 1. Trask Fairview 12. Downtown 23. South Harbor Blvd. 2. Northwest 13. Broadway 24.Thorton Park 3. North Main 14. French Park 25. Bristol Manor/SE Side/Delhi 4. Park Santiago 1S. Intercity/RTC 26. Freeway Window S. Cabrillo Park 16.4th SL Professional 27. Armstrong 6. West Side 17.Tustin Ave. 28. South Coast 7. Harbor Blvd. 18. Midcity 29. Sand Pointe B. Santa Ana 19. Central Historic 30. MacArthur Place/Hutton Center 9. Artesia Pilar 20. South Main 31. Freeway Corporate 10. Washington/Willard 21. Eastside 32. Metro East 11. Flower Park 22. Southeast Industrial o 0.6 iamnes — • — CityLimits CITY OF SANTA ANA GENERAL PLAN 23 75A-224 Exhibit 7 URBAN DESIGN ELEMENT RIT- M 1. Main Place Mall 2 MaIn SLConcourse 3. MacArthur Place 4. Hutton Center S. South Coast Bristol 6. Civic Center 7. DowntowN40h StJArtisttABage B. One Broadway Plaza 9. BowersAluseum Ia. Tustin Ave. south o/ 17th St 11. Santa Ana Zoo li Centennial Park 13. wllowick Golf Course 14. Bristol Marketplace IS. Rancho Santiago College 16. Regional Transportation Center 17. Metro East 18, Habor Corridor Plan CITY OF SANTA ANA GENERAL PLAN 29 75A-225 -- City Units a a.6 12 Maes �� 75A-226 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-06 REZONING VARIOUS PROPERTIES LOCATED ALONG THE FIRST STREET CORRIDOR AND ZONING ORDINANCE AMENDMENT NO. 2018-03 AMENDING THE METRO EAST MIXED USE OVERLAY ZONE (OZ -1) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In 2007, the City Council approved and adopted the Metro East Mixed Use (MEMU) Overlay Zone (OZ -1). The MEMU was intended to provide the framework for future redevelopment of a 200 -acre section of the City along First and Fourth streets between the Santa Ana (1-5) and Costa Mesa (SR - 55) freeways. B. Since 2007, one development project has been constructed and three others entitled that are consistent with the goals and objectives of the MEMU. However, changes to the development market following the recession have resulted in the need to modify the MEMU in order to continue to further the goals of the plan while implementing a regulatory framework that protects the health, safety, and welfare of the City. C. Amendment Application No. 2018-06 has been filed by the City of Santa Ana to apply the OZ -1 designation to approximately 52 parcels located along First Street between Grand Avenue and the Santa Ana (1-5) Freeway and along Lyon Street and Elk Lane between First Street and Chestnut Avenue (Exhibit A). D. The OZ -1 designation of the various parcels as shown on Exhibit A will allow additional development opportunities of these parcels into mixed-use developments, thereby being consistent with the goals and objectives of the MEMU. E. Zoning Ordinance Amendment No. 2018-03 will amend the existing MEMU, a copy which is available at the Planning Division Public Counter and Main Public Library, or viewed on the City's MEMU webpage. The amendments will create greater consistency among the MEMU and other form -based codes that have been adopted since 2007, including the Transit Zoning Code and Harbor Mixed -Use Transit Corridor Specific Plan (Exhibit B). EXHIBIT D Ordinance No. NS-XXXX Page 1 of 5 75A-227 F. On July 23, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2018-06. This action will be consistent with the General Plan, as amended by General Plan Amendment No. 2018-03, and Zoning Ordinance Amendment No. 2018-03 to amend the MEMU. G. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on August 21, 2018. H. The City Council also adopts as findings all facts presented in the Request for Council Action dated August 21, 2018 accompanying this matter. I. For these reasons, and each of them, Amendment Application No. 2018-06 and Zoning Ordinance Amendment No. 2018-03 are hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning districts is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council has reviewed and considered the information contained in the previously -approved Environmental Impact Report and the Subsequent Environmental Impact Report for the Metro East Mixed Use Overlay Zone (SCH No. 2006031041) prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the proposed Subsequent Environmental Impact Report for the Metro East Mixed Use Overlay Zone meets all of the requirements of CEQA. Section 3. This ordinance shall not be effective unless and until Resolution No. 2018- (Subsequent Environmental Impact Report No. 2018-05 and General Plan Amendment No. 2018-03) are adopted and become effective. If said resolution and ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 4. If any section, subsection, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXXX Page 2 of 5 75A-228 ADOPTED this 2151 day of August, 2018 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: phi c— Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXXX Page 3 of 5 75A-229 EXHIBIT A Sectional District Map Ordinance No. NS-XXXX Page 4 of 5 75A-230 I I , R1 ` R16 5 RIQ CI ; Q R V P C, 'v C, _-17TH ST -� a qa cp cs- 1 R1 n _RI I i C,, RI,B' di.P'�I l-94 _�1 6_e y'R1_a IN141, SRI fCe'Ri. ppL -j RI uMar J Ig MR3� 'CS cs R1 q. �II O�N11T 'ul J-iPl' i i{flt� (w�in4�RYI,I4ialbyQ9�l� = uc! I `IRi g��illRYlifly i I d tl �9Di p 0 0 � Ir.2� 2J1' �` ( � Sf SfO� ' n yWµµ.0 91 ! 1 'li'.. - � O �� ®yam •10 Rw - 1 RTPfl06 J J i'.:_, l I cR.covd' oRowx lr } • Tlil 'R1. { NR1� iqi .ftt 1 `` 1 • �m I� � V�1 cvozl soolon cvozl cvozl cvozl 7[)NINr, i'71CTRIC'.TR 4TH ST -:; 3031NC, ' o"z' r C C, ; Al GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DST. R2 TWO- FAMILY RESIDENCE -B PARKNGMODffN CI COMMUNITYCOMMERCIAL GC GOVERNMENT CENTER R7 MULTIPLE -FAMILY RESIDENCE -OZ OVERLAY20NE CAVI COMMUNITY COMMERC14L-MUSEUM DIST. Ml LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT PRD PLANNEDRESIDE C2 GENERAL COMMERCIAL M2 HEAVY IN RE RESIDENTIAL ESTATE DEVELOPMENT 04 PLANNED SHOPPING CENTER O OPENSPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHTDISTRICT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPEC71CPLAN CR COMMERCIAL RESIDENTIAL RI SINGLE FAMILY RESIDENCE OZI METRO EAST OVERLAY ZONE SECTIONAL DISTRICT MAP: 8-5-9 �v16 CITY OF SANTA ANA. CALIFORNIA Exhibit: A 75A-231 M cv0z1 � � cvoz, • cvO- 3'. '0 _ 9 1 cz GT u, IV tcuo_,}�somron w evoz, cuoz,l 0uon caul J al `gIK .{�j.I cvoz,, x uoz, �,°( I.z/ion evoi,",l ZQIrbil, : ` -- !0�' 41 o � � ta' � .— ... ..... Ill o RLOZ, , �J cz RmOz, W CHESTNUT AV Al �'-.�, •�•! M1 ZONING DISTRICTS Il I M1 _ hirer O.r. INY/fl c., f1 ta, 1 i ,n18wxEW �, 1 I 7! R soes of FY c I a1 I solo I Al M1 CSM SOUTHMAN STREETCOMMERCIAL DIST. WNRRIY TWO-FAMILY RESDIENCE -B PARKING MODIFICATION __FNENRYIY � GC GOVERNMENT CENTER R3 MULTIPLE -FAMILY RESIDENCE -OZ O CA1D C2 Q• M1 M2 LIGHTINDUSTRWL HEAVY INDUSTRIAL Re RE SUBURBAN APARTMENT RESIDENTIAL ESTATE PRD PLANNED RESIDENTIAL DEVELOPMENT C4 PLANNED SHOPPING CENTER O OPENSPACE SD S PECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT RORWHOI YL `� � P IM�� SP SPECIFICPLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE MI • 8 9' SECTIONAL DISTRICT MAP: 17-5-9 ia5 CITY OF SANTA ANA. CALIFORNIA I Fi o €r_vn F M1 ZONING DISTRICTS Il I M1 _ hirer O.r. INY/fl c., f1 ta, 1 i ,n18wxEW �, 1 I 7! R soes of FY c I a1 I solo I Al GENERAL AGRICULTURAL CSM SOUTHMAN STREETCOMMERCIAL DIST. R2 TWO-FAMILY RESDIENCE -B PARKING MODIFICATION CI COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE -FAMILY RESIDENCE -OZ OVERLAY ZONE CA1D C2 COMMUNITY COMMERCIAL - MUSEUM DIST. GENERAL COMMERCIAL M1 M2 LIGHTINDUSTRWL HEAVY INDUSTRIAL Re RE SUBURBAN APARTMENT RESIDENTIAL ESTATE PRD PLANNED RESIDENTIAL DEVELOPMENT C4 PLANNED SHOPPING CENTER O OPENSPACE SD S PECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFICPLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE 9' SECTIONAL DISTRICT MAP: 17-5-9 ia5 CITY OF SANTA ANA. CALIFORNIA Exhibit: A 75A-232 EXHIBIT B Proposed Amendments to the Metro East Mixed -Use Overlay District 75A-2: 75A-235 Table of Contents Section 1 Purpose and Objectives 1 Section 2 Applicability 3 Section 3 Development Districts 5 Section 4 Development Standards 9 Section 5 Design Principles 24 Section 6 Signs 28 Section 7 Compatibility/Operational 30 Section 8 Standards Implementation 31 FIGURES Figure 1: MEMU Overlay Zone Location 3 Figure 2: MEMU Overlay Zone Development Districts 5 TABLES Table 1: District Descriptions 7 Table 2: Development Standards Summary Table 3: Land Uses 9 Table 4: Building Setbacks 10 21 APPENDIX Metro East Public Realm Amenity Plan 1.0 PU 1.1 PURPOSE e and Obiectives The purpose of the Metro East Mixed Use Overlay Zone, hereinafter referred to as the MEMU Overlay Zone, is to introduce development forms and uses that will provide for the creation of a high-intensity, mixed-use urban village within a previously developed mid -rise to high-rise office environment. This chapter establishes standardswhich will fulfill the following major objectives for this mixed-use urban village area. 1.2 OBJECTIVES e. Create highly-amenitized streetscapes that provide items such as landscaping, street furniture, niche or linear parks, passive and active water features, public plazas and courtyards, public art, and public transportation shelters in a design that integrates the public realm with adjacent private development and serves to create a distinct identity for the district. Mixed-use urban village prototype The Metro East Mixed Use Overlay Zone is intended to create a unique urban environment that achieves the following objectives: a. Create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other. b. Facilitate well-designed new mixed-use development projects that combine residential and nonresidential uses through innovative and flexible design solutions. C. Achieve the harmonious integration of new mixed- use development projects within the existing fabric of the mid -rise and high-rise office environment and commercial land uses. d. Encourage urban form and architecture that incorporate contemporary design styles and solutions as well as the use of sustainable building and site design concepts such as green buildings, energy -conserving building materials, and landscaping designs that reduce water consum tion. Contemporary design solutions f. Provide for an appropriate interface of land uses and development intensities relative to the Transit Zoning Code area, the Santa Ana (1-5) Freeway, and the Costa Mesa (SR -55) Freeway. g. Create a highly -integrated pedestrian system that provides for connectivity between the residential areas and public recreation amenities to the north and the MEMU Overlay Zone area. Active urban mixed-use Street -facing retail h. Provide for active street life through the inclusion of dedicated pedestrian -oriented design and active uses on the ground floor at strategic location. i. Provide for a mix of housing in order to encourage a continuum of living and a variety of household types. Ensure that each project includes exceptional site planning, unique architecture, high-quality building materials, extensive open space, indoor and outdoor amenities and first-rate public improvements. Ground -floor commercial space at strategic comer k. Encourage parking solutions that provide for adequate parking to ensure the long-term quality of the project, but that are creative in their design thereby enhancing the area's urban form. Parking requirements are designed to create a level of scarcity that will discourage vehicle trips, increase pedestrian activity, and enhance the provision of high-quality building and site design. I. Facilitate project designs that encourage adequate amounts of retail or commercial space to service residents and/or employees within the development and the larger Metro East Overlay Zone area. M. Allow for the development of varied residential types in a mixed-use configuration including, but not limited to loft -style units, live/work units, attached row houses, and high-quality stacked flats. n. Provide adequate access for public safety services. o. Stimulate investment and reinvestment in the area through the provision of a comprehensive planning framework that facilitates private -market success. p. Provide for an alternative set of zoning regulations than is provided for by the underlying zoning district . q. Implement the City's General Plan. Unique architecture Contemporary building materials PARK COURT PL ¢ - �.{�by(q� krav-! V& pamAmmIx t �N:� Ful AAW%t , ' j'f 'fes/ I 3 metro east mixed-use overlay zone 2.1 APPLICABLE REGULATIONS These provisions shall apply to all properties within the MEMU Overlay Zone, but do not supersede the underlying zoning districts. All new development within the MEMU Overlay Zone will be subject to the requirements and improvements required in the Metro East Public Realm Amenity Plan, which is included as an Appendix. Definitions of terms not found within the MEMU Overlay Zone are found within SAMC Chapter 41, Article 1, Division 2. 2.2 CONTINUANCE OF DEVELOPMENT RIGHTS UNDERLYING ZONING DISTRICT STANDARDS All regulations, development standards, and requirements in the underlying zoning districts shall continue to apply to those properties that are currently developed according to the existing standards. New properties may also be developed to the existing underlying zoning district provided that all standards and requirements of the underlying zone are met. 2.3 OPTION TO APPLY THE MEMU OVERLAY ZONE Properties within the MEMU Overlay Zone may choose to develop to the standards of the underlying zoning districts or to the standards contained within this MEMU Overlay Zone. In order to exercise the option to develop under the MEMU Overlay Zone district, a MEMU Site Plan Review application approved by the Planning Commission shall be required. In granting such approval, the Planning Commission must find that the proposed development is in compliance with the provisions of the MEMU Overlay Zone and the Findings in Section 8.2 of this code section. In order to facilitate project and site design consistent with the provisions of this MEMU Overlay Zone, any development proposal for exercising use of the MEMU Overlay Zone shall be designed so that any primary use within the development is located within a newly constructed building. No primary use or uses shall be located in a building that has been rehabilitated or is otherwise the reuse of an existing building. 2.4 USE OF PHOTGRAPHS Photographs are used liberally throughout this document and are intended for illustrative purposes only. Specific development standards and regulations contained in this document are the controlling language for purposes of development regulation. 3.0 Development Districts This section delineates the development districts within the MEMU Overlay Zone (Figure 2) and describes the overall form and character of each District (Table 1). There are four development districts in the MEMU Overlay zone that differ in the permitted land uses and development intensity as determined by their location and adjacency to sensitive land uses and freeways as shown on Figure 2. The Village Center District contains a pedestrian -oriented area designed to serve a central core for the Metro East area. Developments within the Village Center core are allowed at a slightly greater intensity to facilitate the role and function of this area as an activity node within the Metro East area. Table 1 provides general descriptions and representative images of the character of each District within the Metro East Mixed -Use Overlay Zone. MEMU Overaly Zone Boundary j Neighborhood Transitional District ® Village Center District Active Urban District ® Office District Pedestrian - IMA Oriented Design at Ground Level Potential Roadways Figure 2 MEMU Overlay Zone Development Districts NORTH --' NOTTOSCALE Neighborhood Transitional District _ The Neighborhood Transitional District is intended to provide opportunities for development that acts as a transition between the single-family residential to the north and the adjacent high-intensity Active Urban District. Designated for the lowest scale and the lowest intensity of uses in Metro East, development in this district is limited to residential, live/work, small scale neighborhood serving commercial or office uses. These uses may combine office on the ground floor with residential above or in freestanding single- use buildings on the same site at between two and four (2-4) stories in height. New development in this area will be designed to provide an appropriate interface with high levels of landscaping and design features that minimize impacts to the adjacent single family residential area to the north. Village Center District l _ The Village Center District is intended to serve as the focal point and central r� gathering place within Metro East in well-designed highly connected i development sites and public spaces. The District will provide a high level of neighborhood identity and activity through its central location and emphasis on I creating a vibrant, attractive, and highly -interconnected pedestrian environment. h I Opportunities will be provided for shopping, dining, recreation, entertainment N r t®■S �- I and services accessed by extensively landscaped, wide sidewalks that allow ®r a free flow between jobs, housing, and retail and commercial services, or Q opportunities for leisure walking within the District. The Village Center will INK q 1 provide commercial, office, and residential uses in the same building or on the ® same site in mid -rise buildings of six to ten (6-10) stories in height, in N settings that provide open spaces, niches, and areas for gatherings and activities along streets, paseos, and interconnecting walkways that link the Village Center to adjacent districts and nearby public parks to the north. This + District contains a pedestrian -oriented area designed to serve as a core activity { n pp center for the Metro East area. Developments within this core area along Fourth Street are allowed up to ten (10) stories in height to enhance the function of JP= this area as a major activity center. Active Urban District The Active Urban District is intended as the location for well-designed � high rise mixed use developments in a highly urbanized environment that 4 T�r r capitalizes on the exposure and access provided by two adjacent freeways, the Santa Ana (1-5) and Costa Mesa (SR -55), and three. major arterials (First f • and Fourth Streets and Tustin Avenue). Development in this District is envisioned to reflect signature architecture that reinforces the identity and ` character of Metro East as a vibrant urban village that serves as a regional employment and activity center. The Active Urban District will include major office, residential, commercial, hotel, and entertainment opportunities that are more intensive in scale and design than the adjacent Village Center. Developments in this District may combine office, commercial, and residential uses within one vertical mixed use -building with commercial on the ground floor and office or residential on the upper floors or a mix of uses within freestanding buildings on the same site. Developments will be designed to showcase an amenity -enhanced environment that provides numerous open space opportunities within this urban environment for the enjoyment of residents, employees, and visitors, and to promote pedestrian connections between this District and the Village Center as well as Cabrillo Park located north of Metro East area. r6&di�i ip Ful �,:�{?��i ha.w Office District The Office District contains existing low -to high-rise office development along Tustin Avenue and adjacent to the Santa Ana (1-5) Freeway. These developments were in place prior to establishment of the MEMU Overlay Zone and will be maintained exclusively as office to promote and maintain a healthy balance between office, commercial and residential land uses within the Metro East area. 4.0 Development Standards The MEMU Overlay Zone establishes development standards for each District, as summarized below in Table 2. Additional requirements for the standards listed in Table 2 are specified in Sections 4.1 through 4.8. �®Ievelopment Standards itpOt ` 9� ' • , Development a .� -' Ir' _-- Standards by District _ f 3ply ® X_ �. D © " D S t"" 4.1 Land Uses (See Table 3) 4.2 Maximum No. b No Maximum 10 Stories -34 10 stories in Village Core 3 Stories Minimum See Section 4.2 4.3 Minimum Development Site 20,000 sq. ft. 30,000 sq. ft. 1 acre 1.5 acre Area 4.4 Permitted Street Level Building Frontages Front Porch Yes Yes No No Stoop Yes Yes No No Forecourt Yes Yes Yes Yes Shop Front Yes Yes Yes Yes Gallery Yes Yes Yes Yes Arcade Yes Yes Yes Yes 4.5 Publicly Accessible 5% of Total Lot Area 10% of Total Lot Area 15% of Total Lot Area of Total Lot Area Open Space ,15% 4.6 Private/Common 90 sq. ft. per unit 90 sq. ft. per unit 90 sq. ft. per unit' 10% of Total Lot Area Open Space 4.7 Building Setbacks (See Table 4 on Page 21) Residential: 2.25 Residential: 2-2.25 Residential: 2.25 Office: 3 spaces per 4.8 Parking * spaces per unit spaces per unit spaces per unit 1,000 sq. ft. Non -Residential: Per Non -Residential: Per Non -Residential: Per Other. Per Code Code Code Code a For further detail, refer to Section 4.8, Parking and Access. 4.1 LAND USES The MEMU Overlay Zone sets forth specific uses to be allowed within each district, as shown in Table 3, subjectto a MEMU Site Plan Review approval by the Planning Commission. Any use that is not specified as permitted or conditionally permitted within the MEMU Overlay Zone is prohibited unless a determination is made by the Executive Director of Planning that the proposed use is compatible with the overall intent and character of the MEMU Overlay Zone as specified in Section 41-601(c) of the Santa Ana Municipal Code (SAMC). Table � � c 0 r e vQ m xi N o d m o o .60 a Special Provisions (references to other applicable code sections or limitations) Residential Uses Live/Work Units P P P N Subject to Sec. 4.1.2 of this division Multiple -Family Residential P P P N Subject to Sec. 4.1.3 of this division Non -Residential Uses Art galleries and studios including, but not limited to: photography; fine art; fiber art; printing, lithography, and calligraphy; ceramic and pottery; glass blowing and sculpting P P P P Eating establishments, (cafes, restaurants) P P P P CUP for liquor sales, after hours operation Bakeries P P P P Retail and Service uses P P P P Medical and Dental offices P P P P Professional, administrative and business offices P P P P Child care facilities P P P P Gymnasiums and health clubs N P P CUP Hotels N P P CUP Indoor/outdoor entertainment N P P P As defined in Chapter 41 of the SAMC Religious Institutions CUP CUP CUP CUP Schools N P P N Tattoo Establishments N P P N Subjeato Sec. 41-199.3 ofthe SAMC Temporary outdoor activities LUC LUC LUC LUC Subject to Sec. 41-195.5 of the SAMC Theaters and cinemas N P P P Use/Operational Standards Drive through establishments N I N I N N In addition to the land use categories listed in Table 3, the following regulations and operational standards shall apply to development within the MEMU Overlay Zone. 4.1.1 Village Center Core: Pedestrian -Oriented Design and Active Ground -Floor Uses In order to generate pedestrian use and contribute to an active street life, developments located in the Village Center core, properties fronting on Fourth Street will be allowed to develop up to a height of ten stories for a depth of 150'. The ground floor of buildings fronting on Fourth Street between Cabrillo Park Drive and Park Center Drive, and Golden Circle Drive south of Fourth Street as shown in Figure 2 shall have commercial uses and pedestrian -oriented designs. The pedestrian -oriented design features include, but are not limited to, visually transparent and architecturally articulated building facades, or designing arcades or courtyards for activities such as outdoor dining or active open -space areas. Active uses that are visually accessible to the public also may satisfy this requirement and may include, but are not limited to, uses such as a workout room for a health club, a cooking class, the nonresidential portion of live/ work units, or other active -artisan use. Three-story live/work units 4.1.2 Live/Work Units The residential component of live/work units shall be contiguous with and integral to the working space with direct access between the two areas and shall not be designed as a separate stand-alone dwelling unit. This requirement does not preclude a separate access for the residential area as long as there is not a physical separation between the living area and the work areas of the unit. In addition, the following regulations shall apply to live/work units: Two-story live/work units a. Residential use is permitted only in combination with individual studios in a manner which provides an integrated working and living environment. b. At least one (1) off-street parking space shall be provided for each dwelling unit. c. A live/work unit shall be at least one thousand (1,000) square feet in size. d. It shall comply with all Housing Code requirements as modified by section 8-2700 of the SAMC. e. The residential component of a live/work unit shall meet the following standards: 1. It shall have a space of at least seven hundred fifty (750) square feet. 2. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. 3. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front. f. On-site laundry facilities are required within each unit. 4.1.3 Stand Alone Residential Development Consistent with the objectives of the MEMU Overlay Zone to encourage and facilitate mixed-use, no stand-alone residential building shall be permitted except in the Neighborhood Transitional District or as a component of a mixed-use project that has different uses in multiple buildings designed as an integrated development on a single development site. An integrated development is a project that is built on a site comprised of more than one parcel or contained in more than one building when the uses and support facilities such as parking or open space are designed to function in a cohesive interactive manner throughout the development site. 4.2 MAXIMUM NUMBER OF STORIES A. The overall scale and massing of development within the MEMU Overlay Zone should transition from the existing low -scale intensity of the Neighborhood Transitional District, which is adjacent to an existing single-family residential neighborhood, to mid -rise development in the Village Center and high-rises in the Urban Core adjacent to the Santa Ana Freeway. To create a varied skyline and enhance the form of development sites throughout the Metro East area, building heights will be regulated based on the maximum number of stories permitted. The following heights are typical for the uses within a building as calculated from floor to floor: 1. Residential: 9-15 feet (includes lofts and live work unit designs) 2. Retail: 18 feet 3. Retail with mezzanine: 22 feet 4. Specialty retail: 22-24 feet 5. Office: 13.5 feet B. In compliance with the Airport Land Use Commission (ALUC) of Orange County, the following conditions shall apply to all new development with the MEMU Overlay Zone. 1. For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the FAA (FAA Form 7460-1). Following the FAA's Aeronautical Study of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the ALUC for consistency analysis. 2. Buildings within any District of the Overlay Zone shall not penetrate the FAA FAR Part 77 imaginary obstruction surface for John Wayne Airport. 3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460-1) for any construction cranes that exceed 200 feet in height above ground level. C. New development will be required to be within the following maximum number of stories based upon their location within the MEMU Overlay Zone except as specified below: 1. Neighborhood Transitional District: Four stories maximum New development shall be of a low scale, and should serve as a visual transition between the MEMU Village and adjacent residential areas to the north. New development Three-story five/work units in this District shall be compatible in height, scale, and mass with adjacent residential development to the north, with heights ranging between two and four stories. 2. Village Center District Six stories maximum; ten stories maximum within core area (See Section 4.1.1) New development in the Village Center District is more intensive in scale than Neighborhood Transitional, and shall serve as a visual transition from the low -intensity of the Neighborhood Transitional District to the intensive development in the Active Urban District. The height, scale, mass and bulk of new development shall be designed to achieve a "human scale" at the ground level to foster a pedestrian -friendly atmosphere, with buildings located along and oriented to the street frontages and common plazas. In order to encourage and maintain active streets and function as a central gathering place and 18 -hour activity center for residents, employees, and visitors, a core area along Fourth Street will be allowed to develop at a height of up to ten stories, for a depth of 150'. Five -story mixed-use comer building (See also Section 4.1.1). Properties outside the core of the Village Center will be allowed to develop up to a height of six stories. 3. Active Urban District: No maximum height; minimum three stories required The Active Urban District is the most intensive in scale within the MEMU area, and is designed to create a highly urbanized environment. New development in this District shall relate in scale, height, and configuration with adjacent buildings. New development shall be designed and oriented to promote intensive public activity at the ground level that integrates and establishes a cohesive transition to adjacent Districts. Front street building orientation Larger buildings shall be broken down in scale through changes in massing, changes in plane and profile, fagade subdivision, as well as other architectural means to ensure that the building is well proportioned and creates a satisfactory composition. Sites in this District shall be designed so that tower elements do not impact adjacent lower intensity developments but rather are designed to maximize exposure to the freeway or to adjacent developments of a similar intensity. A minimum building height of three stories is required within this District to ensure that a level of intensity is achieved on any development site even when there are multiple buildings of various heights. Any new development that is ten stories or greater in the Active Urban District and is proposed at a location adjacent to a multiple -family residential use or zone outside of the MEMU area shall be set back at least 150' from the property line of the adjacent residentially used or zoned property. 4. Office District: Ten stories maximum Existing development within the Office District varies from two-story garden offices to the high-rise Xerox Center adjacent to the 1-5 Freeway. Development in this District is limited to office uses to maintain a core of offices uses within the Metro East area and therefore is least likely to utilize the provisions of the MEMU Overlay Zone. New development in this District under the Overlay Zone will vary from low-rise garden office to mid -rise office buildings with ancillary uses and may not redevelop as quickly as other Metro East areas. Higher intensity mixed-use building The height, scale, mass and bulk of new development shall be designed to achieve a "human scale" at the ground level to foster a pedestrian -friendly atmosphere, with buildings located along and oriented to the street frontages and common plazas. In order to maintain a consistent level of development intensity within this District, a minimum height of three stories is encouraged. If a project is on a large site with multiple buildings, an average of four stories should be used as a guide. 4.3 MINIMUM DEVELOPMENT SITE AREA As a means to encourage development that achieves the objectives of the MEMU Overlay Zone, all new development shall have a minimum lot size that facilitates the use of design principles that achieve adequate setbacks, open spaces, connections with adjacent properties in the district, and a high level of site design. Required development site area is required as follows: a. Neighborhood Transitional District 20,000 square feet b. Village Center District 30,000 square feet c. Active Urban District 1 Acre (43,560 square feet) d. Existing Office District 30,000 square feet 4.4 PERMITTED STREET LEVEL BUILDING FRONTAGES A. Appropriate building frontages reinforce a continous urban street wall defining the street edge and encouraging public-private interaction which results in active pedestrian urban spaces. in order to encourage a stronger public-private interaction within the Metro East area, new development will be required to inlcude one of the building frontages specified by district below: • Front Porch • Stoop • Forecourt • Shop Front • Gallery • Arcade 1. Neighborhood Transitional District: a. Front Porch b. Stoop c. Forecourt building frontages are permitted d. Shop Front 2. Village Center District a. Front Porch b. Stoop c. Forecourt d. Shop Front e. Gallery f. Arcade 3. Active Urban District a. Forecourt b. Shop Front c. Gallery d. Arcade 4. Office District a. Forecourt b. Shop Front c. Gallery d. Arcade B. Street level building frontages shall be designed according to the following descriptions and requirements. 1. Front Porch A front porch is frontage wherein the fagade is set back from the frontage line with an attached roofed porch that extends into the front open space area. Porches shall have a minimum dimension of 8 feet in any direction. 2. stoop A stoop is frontage wherein the fagade is aligned close to the frontage line with the first story elevated from sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground floor residential uses. 3. Forecourt A forecourt is a frontage wherein a portion of the fagade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicular drop offs and/or required open space areas. (Minimum dimension of a forecourt should be 20 x 20 feet). This type of frontage should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the ............. , r. ... ., 5. Gallery A gallery is frontage wherein the fagade is aligned close to the frontage line with an attached cantilevered shed ora lightweight colonnade which may overlap front open space areas. This type is convenient for retail use. The gallery shall be no less than 10 feet wide and may overlap adjacent open space areas up to within 5 feet of the parkway or sidewalk area. 16 An arcade is frontage wherein the fagade may abut the sidewalk at the frontage line. This frontage type is conventional for retail use. The arcade shall be no less than 12 feet wide and may not overhang the sidewalk but may be within 5 feet of the parkway or sidewalk. 4.5 PUBLICLY ACCESSIBLE OPEN SPACE In order to provide relief from the intensity of development within the MEMU Overlay Zone and provide for a high level of pedestrian connectivity and activity throughout the Metro East area, it is necessary to provide a variety of open space opportunities. Publicly accessible open space areas shall be designed to optimize linkages and connections with adjacent properties within the District. Further, open space areas shall encourage active use and pedestrian activity between the public and the private realm. A. To achieve well-designed and highly amenitized open space areas that are accessible to the public, new development will be required to include an open space component that is accessible to the public through the main street -facing fagade entry of the project. These areas may be inclusive of a front setback or driveway areas, but may not include parking areas or rear setbacks to satisfy a private open space requirement. All new development within the MEMU Overlay Zone shall provide publicly accessible open spaces as a percentage of the total development site area as follows: Public plaza 1. Neighborhood Transitional District: 5 percent 2. Village Center District: 10 percent 3. Active Urban District: 15 percent 4. Office District: 15 percent Active public%pen space areas B. In addition to the above requirements, the following provisions shall apply to the design, location, and materials used in these open space areas: 1. Plazas, courtyards, or other publicly accessible open space areas at the ground level may be used to satisfy this requirement, and shall be incorporated into the design of the development. 2. Parking and rear setback areas shall not be considered to meet this requirement. Front and side setback areas that are integrated into the design of the public open space may be considered to satisfy this requirement. 3. Public open space areas shall be visible and accessible from the public rights-of-way to engage the interest of pedestrians and encourage public use. 4.A combination of landscape and hardscape materials shall be used in the design of these areas to satisfy the following requirements: a. Hardscape paving may include brick, stone, interlocking concrete pavers, textured concrete, and/ or impressed patterned concrete. Hardscape elements may include, but are not limited to, seating areas, potted plant materials, water features, and public art installations. b. The balance of the open space areas shall be landscaped with turf, shrubs, or groundcover, and trees. All plant materials shall be in proportion to the height and mass of the building, and shall be permanently maintained. 5. In order to achieve sunlight and air circulation in required open space areas, the following minimum height to width ratios shall be provided: a. Enclosed Open Space: 2 to 1 ratio (Open space that is enclosed on four sides, such as a courtyard). The required open space shall have a width of at least one-half the height of the adjacent building fagade (measured perpendicularly from the fagade). This requirement shall apply to all sides of the required open space. b. Open Space which is open on one or more sides: 3 to 1 ratio The required open space shall have a width of at least one-third the height of the adjacent building facade (measured perpendicularly from the fagade). This requirement shall apply to all sides of the required open space. 6. The required publicly accessible open space areas shall be located and configured as one of the following: a. Front: The publicly accessible open space area is located along the streetfacing frontage of the building as illustrated. b. Forecourt: The publicly accessible open space area is located along a recessed center section of the front facade of the building as illustrated. c. "L" Shaped: The publicly accessible open space area is located along the front and side of the lot as illustrated. "Pa es o or Cental Courlrya'rd d. Paseo or Central Courtyard: The publicly accessible open space area is located on the side of the building or along a center pedestrian paseo or courtyard as illustrated. 4.6 PRIVATEICOMMON OPEN SPACE To support and enhance the publicly accessible open space, new development within the MEMU Overlay Zone will be required to include private and/or common open space for resident, tenant and visitor use. Private and/or common open space shall be provided in addition to the required publicly accessible open space in Section 4.5. Residential developments: Private or common open space shall be provided on a per unit basis for residential projects and shall be a combination of the total required space divided between private areas such as balconies or patios or common areas such as courtyards, recreation facilities, multi-purpose room or other areas designed for the common use of residents as specified below. Nonresidential or mixed-use developments: Private or common open space shall be provided as a percentage of the total lot area for nonresidential projects and may be used to provide site amenities such as rooftop decks, courtyards, or similar features. Mixed use developments shall combine the residential standards and the nonresidential standard to satisfy this provision. A. Private or common open space shall be provided in the following amounts: 1. Neighborhood Transitional District: 90 square feet per unit 2. Village Center District: 90 square feet per unit and 5 percent of the total development site area for nonresidential uses. 3. Active Urban District: 90 square feet per unit and 5 percent of the total development site area for nonresidential uses. 4. Office District: 10 percent of the total development site area B. In addition to the above standards, all private and/ or common open space areas are also subject to the following provisions in their design, location, and selection of amenities: 1. Private and common open space areas shall be designed for the exclusive use of the residents or tenants of the property and their guests and shall not be publicly accessible except in the Neighborhood Transitional District where the required private/common open space may be designed in combination with the required publicly accessible open space specified in Section 4.5. 2. In the Neighborhood Transitional, Village Center, and Active Urban Districts, a combination of private and common open space shall be provided to satisfy the following requirements: a. Common open space amenities shall include, but are limited to, one or more of the following amenities: courtyards, plazas, tennis courts, swimming pools, spas, permanently equipped gym/ exercise rooms, or other permanent amenity. Rooftop decks and terraces may be used to satisfy this requirement, however, these areas shall be easily accessible to all residents within the building, and face the public rights-of-way where possible. b. Private open space areas may include balconies, patios, terraces, or rooftop decks. These areas shall be carefully integrated into the overall architectural design of the building. Architectural elements such as railings, trellises, short walls, or roof top enclosures shall be consistent with the architectural style of the structure to which they are attached. 3. Open space areas shall be constructed of permanent materials and be permanently integrated into the design of the building. 4. In order to achieve sunlight in outdoor common open space areas, the following building height to open space width ratios are required: 1 to 1; and 2 to 1 if the Private rooftop deck ra 1' ll- s - Private balcony 4.7 BUILDING SETBACKS A. Setback area requirements facilitate the incorporation of publicly accessible open space while reinforcing a continuous urban street frontage that defines the street edge. Setback requirements are designed as a range so that variety may be achieved in the public/ private interface area depending on the site and building design and its relationship to adjacent developments. Setbacks are designed to coordinate with the public improvements identified in the Metro East Public Realm Amenity Plan (Appendix). New development within the MEMU Overlay Zone shall be designed to provide setback areas from private or public streets as follows: Tab-Tabiek BUROITIg- a . Adjacent to public street right-of-way or public easement — 10ft(4) Adjacent to alley or internal aisle 3 f — Adjacentto parking 7 ft — ClearZone 25 ft — Adjacentto any residential use I st and 2nd floor 15ft 3rd floor and above (5) 20130 ft — Adjacentto all otheruses All Floors 5 ft — r!T o', -o, r;ir mti Up to 3rd floor 6 ft — 4th floor and above 15 ft — Notes 1. Setbacks are measured from the closest point of a building to the property line or public easement, except for clear zones. If a front yard/porch frontage is used, the building facade may be setback a maximum of 15 feet. 2. Additional setbacks for entry plazas or courtyards, or to meet adjacent structures, may be permitted subject to additional design review. Frontage types may be used to satisfy setback requirements. 3. Building planes above 3rd floor shall have, at a minimum, a 50% variation in setback within the specific standards in Table 4. 4. If a development project has multiple frontages, the maximum setback along one street frontage may be exceeded if the area is used for publicly -accessible open space. 5. For building with seven or more stories, the third floor and above must be set back a minimum of 30 feet from any residential use. 6. Clear Zones: a. Clear zones are required at driveway, street, or alley intersections to provide adequate line of sight for drivers, bicyclists, and pedestrians as they approach intersections. The clear zone shall consist of an isosceles right triangle with 25 -foot sides along the property line. b. The clear zone shall not be occupied by a ground floor building facade. Site and building features that are taller than 30 inches in height, including utilities, mechanical equipment, fences, and landscaping, are prohibited in the clear zone. c. Upper floors may extend over the clear zone. Awnings must maintain a vertical clearance of at least 15 feet within the clear zone. B. In addition to the above setback requirements, the following provisions shall also apply to new development projects: 1. In order to encourage flexibility and provide an organic feel in the design and building -street interaction, there is no minimum setback requirement within the MEMU Overlay Zone, with the exception that all structures shall maintain the maximum rear setback specified if the property abutting on the rear property line is developed solely as a residential use. 2. Setbacks abutting public right-of-way may be further recessed from the maximum setback specified for the purpose of a public open space, dining/gathering or special entry area. These areas may not satisfy private open space requirements. 3.Setbacks abutting public rights-of-way shall be landscaped with lawn, trees, shrubs, or other plants and/or decorated as a hard surface expansion of the sidewalk. A combination of landscape and hardscape materials shall be provided as follows: a. Hardscape paving may include brick, stone, interlocking concrete pavers, textured concrete, and/or impressed patterned concrete. Hardscape elements shall also be provided when setback area is being used to satisfy publicly accessible open space areas. These elements may include, but are not limited to, seating areas, potted plant materials, water features, and public art installations. b.The balance of the setback areas shall be landscaped with turf, shrubs, or groundcover, and trees. All plant materials shall be in proportion to the height and mass of the buildin, and shall be permanently maintained. 4.8 PARKING AND ACCESS Adequate parking is necessary to service the full -range of uses permitted within a development project. In order to enhance the appearance and character of the Metro East area, parking should- not be a part of the pedestrian level streetscape. The goal of the Metro East area is to provide adequate parking that encourages people to "park once" and conveniently walk to multiple destinations in the same area. Standards below reflect this concept except in the Neighborhood Transition District where parking is established at a rate that does not impact the adjacent residential neighborhood to the north. The parking standards for the MEMU Overlay Zone are designed to accommodate the wide variety of uses in the area while providing an incentive for mixed-use projects that encourage an active street life and convenient services and leisure activities for Metro East residents and visitors. A mixed-use development is defined as any development that contains more than one type of use in a building or set of buildings and contains within the development a residential component. Stand alone uses are defined as operations or uses that are not a component of an integrated mixed-use development project. Dimensions of parking spaces and drive aisles shall be consistent with SAMC Article XV, Division 1. A. Parking within the MEMU Overlay Zone shall be required for new development in each district as follows: 1. Neighborhood Transitional District a. Stand-alone residential: 2.0 spaces per residential unit, inclusive of guest parking b. Office or other permitted nonresidential uses: As required by Division 3 of Article 15, Off -Street Parking Requirements, SAMC. 2. Village Center District a. Stand-alone nonresidential Uses: As required by Division 3 of Article 15, Off - Street Parking Requirements, SAMC. b. Stand-alone Residential Uses:Asrequiredby Division 3 of Article 15, Off -Street Parking Requirements, SAMC. c. Mixed-use Developments with less than 10 percent of the gross floor area devoted to a commercial activity: A minimum of 1.8 spaces per residential or live/work unit inclusive of guest parking and any nonresidential uses. d. Mixed—use developments with 10 percent or greater of the gross floor area devoted to a commercial activity: Any development proposal that devotes 10 percent or more of the development's gross floor area to a nonresidential use shall be required to provide a parking study by a city approved consultant to establish an adequate parking requirement for the mixture of uses in the proposed development. In no case, however, shall a standard of less than 2.25 spaces per unit inclusive of guest parking and any nonresidential uses be established. 3. Active Urban District a. Stand-alone Nonresidential Uses: As required by Division 3 of Article 15, Off - Street Parking Requirements, SAMC. b. Stand-alone Residential Uses: As required by Division 3 of Article 15, Off -Street Parking Requirements, SAMC. c. Mixed-use Developments with less than 10 percent of the gross floor area devoted to a commercial activity: A minimum of 1.8 spaces per residential or live/work unit inclusive of guest parking and any nonresidential uses. d. Mixed-use developments with 10 percent or greater of the gross floor area devoted to a commercial activity: Any development proposal that devotes 10 percent or more of the development's gross floor area to a nonresidential use shall be required to provide a parking study by a city approved consultant to establish an adequate parking requirement forthe mixture of uses in the proposed development. In no case, however, shall a standard of less than 2.25 spaces per unit inclusive of guest parking and any nonresidential uses be established. 4. Office District a. Office or other permitted nonresidential uses: As required by Division 3 of Article 15, Off -Street Parking Requirements, SAMC. In addition to the parking requirements above, new developments in the MEMU Overlay Zone shall provide parking in compliance with the following: 1. Guest parking at a rate of 10 percent of the total required parking spaces shall be set aside and assigned for the exclusive use of guests in any development project within the MEMU Overlay Zone. 2. All residential units shall be provided a minimum of one (1) assigned space per unit. In order to provide well-designed parking areas that enhance the pedestrian experience and adequately provide for the mixture of uses that may occur on a development site, the following standards shall be required for all new developments within the MEMU Overlay Zone: 3. Parking facilities (surface or structures) shall be located below grade, behind buildings, and/or screened from the main right of way and all active public areas, except for areas designed for and devoted to vehicular access, drop off, or valet parking. Those portions of new parking structures that face a public street shall include commercial spaces or other pedestrian oriented design features at the ground floor level. Screening of parking structures along main streets 4. Parking spaces specifically designated for nonresidential and residential uses shall be clearly marked by the use of posting, pavement markings, and/or physical separation. Parking area design shall incorporate a separation of the parking for nonresidential and residential uses, except that guest parking may be combined with nonresidential parking as long as the total required parking for the development is not reduced. 5. Driveways shall be a maximum of 24 feet wide, in order to enhance the pedestrian experience, except as required to satisfy fire and/or waste collection requirements. A maximum of one curb cut shall be permitted for each parcel with up to 150 feet of street frontage. Development sites exceeding 150 feet of street frontage shall be permitted a maximum of two curb cuts. Three curb cuts shall be permitted only if a separate residential entrance is required. 5.0 Design Principles The MEMU Overlay Zone establishes qualitative design principles that will be used by Staff and decision makers in evaluating proposed projects. This section establishes qualitative design standards intended to guide the developer to achieve the image and design desired for the Metro East Overlay Zone. Staff and decision makers will use these principles to review proposed development projects and determine their approval based on the extent to which the plans address the intent of the City for the area as part of the MEMU Overlay Zone Site Plan Review process. 5.1 INTEGRATED DESIGN The design of buildings, signs, landscaping, and other structures or elements shall feature a unified and integrated theme. 5.2 ARCHITECTURAL QUALITY Projects shall utilize materials, window and door systems, hardscape, softscape, and water features, and architectural details and components throughout that convey a distinct sense of endurance and quality. 5.3 ARCHITECTURAL VARIETY Projects shall utilize architectural means such as varied massing, breaks in plane, a diverse palette of high-quality materials, and changes in form, proportion and detail, as well as a variety of unit types to create variety and differentiation between and within project In order to further promote variety and interest within the project as a whole, the use of more than one architect is required for projects on development sites with an area that exceeds two (2) acres. This requirement can be met by compliance with any one of the following as approved by the Planning Manager at the time of the initial Site Plan Review: a. Architectural design is completed by two different firms b. Architectural design is peer reviewed by a second architectural firm c. Architectural design is completed by different studios within one architectural firm d. Applicant conducts an architectural design workshop with City staff in the early phase of design Street -Facing building elements and massing 5.4 MASSING a. In general, project massing should be broken down into discrete building elements and components that reinforce a continuous street -facing urban block pattern. This pattern should be broken by intervening the required publicly accessible open space areas. See Section 4.5. b. Within this block pattern, individual buildings shall be massed such that individual building planes or architectural masses do not exceed one -hundred -fifty (150) feet in length. c. The design of buildings shall incorporate a variety of massing and forms to introduce variety at the ground plane and skyline of the project. 5.5 FACADES a. Street facing facades shall be architecturally enhanced through the use of arcades, colonnades, recessed entrances, window details, bays, variation in building materials, and other details such as cornices and contrasting colors. b. Building step backs at the upper level of buildings along public rights -of -ways in the Neighborhood Transitional, Village Center, and Active Urban Districts shall be provided as a means to provide building articulation. The building articulation may include private/ common open space terraces or roof decks. The minimum upper level setback area shall be 10 Ft wide (parallel to the building fagade) by 6 Ft deep. c. Buildings facades shall be articulated through the use of separated wall surfaces, contrasting colors and materials, variations in building setbacks, and attractive window fenestrations. Contrasting colors and materials d. Street facing facades shall be integrated with public plazas, mini parks, outdoor dining, and other pedestrian -oriented amenities where feasible. Street -facing ground floor elements 5.6 GROUND FLOOR USES a. Ground floor commercial or retail uses oriented to the street shall provide primary pedestrian access directly from the adjacent public street frontage. b. Ground floor commercial or retail uses oriented to the street shall incorporate the use of overhangs, awnings, or trellis work for at least 60 percent of the frontage. 5.7 COMMUNITY CONNECTIONS Project site plans shall create community connections and linkages between developments within the various Districts within the MEMU Overlay Zone area, as well as facilitate comfortable and visually interesting pedestrian and bicycle movements. a. Pedestrian- and sidewalk -oriented buildings. Projects as a whole, as well as individual building components, shall reinforce activity and pedestrian scale along adjacent sidewalks through the use of active building entries and frontages, and/or publicly accessible open space fronting the streets. Pedestrian/bicycle oriented streetscope b. Pedestrian -oriented sidewalks and streetscapes. Projects as a whole shall incorporate design and development features that facilitate pedestrian and bicycle -scale orientation at the street level. These features include, but are not limited to, street trees, improved medians with trees, widened sidewalks, pedestrian -scale lighting, integrated bicycle paths, curbside parkways, and feasible curbside parking to create a streetscape that accommodates increased and comfortable pedestrian and bicycle use. 5.8 LANDSCAPE BUFFERS a. In order to establish a strong public street and sidewalk edge, building massing shall establish variation in relationship of the building frontages to the street. Landscape buffers should be provided along driveways which are adjacent to any project which includes residential development. Podium parking screening b. Landscape buffers in addition to other screening techniques should also be provided as a means to screen trash collection areas, and above grade surface parking. 5.9 PARKING Parking areas, whether at grade or in a structure, shall be completely screened from the public street view. Above -grade parking structures shall be completely screened at the street level by architectural features including retail spaces, stoops, porches, landscaping or other pedestrian oriented design features. 5.10 ENERGY CONSERVATION -SHADE AND SHADOW Energy consumption shall be minimized using the following features where feasible: cogeneration, solar access, south facing windows with eave coverage, double glazed windows, deciduous shade trees, good ventilation, efficient lighting, and day lighting. Individual units, where possible, should be oriented such that they receive a minimum of two (2) hours of direct sunlight in major living spaces such as living rooms, dining rooms, dens, great rooms, or kitchens on the day of the winter solstice. 5.11 RESIDENTIAL UNIT SIZE An average unit size of 1,200 square feet per unit will be used as a guideline to assess the overall quality and livability of any residential units. The mix of unit sizes within a project should be more heavily weighted towards units larger than 1,000 square feet in size. 6.0 Sians Building identification and signage can be used as a creative tool to enhance the look and design of a development project. When signs are designed to complement the form and function of the building and its users, it contributes to the aesthetics of the project and aids in way finding. The City desires to encourage creative sign proposals where the standard provisions of Article XI do not well suit a particular need, situation, or circumstance. In exchange, certain signs that otherwise would be allowed by Article XI might not be allowed. Main access signage , 6.1 MASTER SIGN PROGRAM Building identification and signage can be used as a creative tool to enhance the look and design of a development project. When signs are designed to complement the form and function of the building and its users it contributes to the aesthetics of the project and aids in way finding. The provisions of this section encourage creative sign proposals where the standard provisions of the sign code may not well suit a particular need, situation, or circumstance. In exchange, certain signs that otherwise would be allowed might not be allowed in the MEMU Overlay Zone. Prior to issuance of any sign permits or certificates of occupancy for any building or portion thereof, a master sign program for the entire site, including directional signs and graphics for any parking structure, shall be submitted to the Planning Commission as part of the MEMU Site Plan Review application. The purpose of the Master Sign Program is as follows: a. The primary purpose of a master sign program is to provide a mechanism by which the sign regulations established in the SAMC can be modified to ensure that signs for a uniquely planned or designed development are most appropriate for that development or area. b. A master sign program may include sign regulations that are, at the same time, both more restrictive in some respects and less restrictive in other respects than the regulations established in the SAMC. Less restrictive provisions in a master sign program may also include signs that are otherwise prohibited by the SAMC. c. Each master sign program application shall show to the Planning Commission's satisfaction why the modifications requested are warranted and how the total sign proposal for the development meets the general purpose and intent of the SAMC. Secondary access sign d. The Planning Commission shall approve, conditionally approve, or disapprove any application for a master sign program based on the signage and its compatibility with the proposed development project based on the following findings: 1. Compliance with the objectives of the MEMU Overlay Zone as specified in Section 1.2. 2. Compliance with the purpose and objectives outlined in the Citywide Design Guidelines; and 3. Compliance with the purpose and intent of Section 41-860 et seq. except for the variations specified in the Master Sign Program application. e. Applications for a Master Sign Program that are denied by the Planning Commission may be appealed to the City Council. Appeals from decision of the Planning Commission shall be processed and considered consistent with SAMC Chapter 41, Article 5. 7.0 Compatibility/ rational Standards The following standards are intended to ensure the compatibility of the mix of residential and nonresidential uses that may occur within one building or on a development site in the MEMU Overlay Zone. These standards are intended to mitigate the potential impacts that may occur as a result of the interface between nonresidential and residential uses within one project. 7.3 LOADING AND UNLOADING Every building involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity shall provide adequate area for the loading and unloading of vehicles, include moving vans, garbage trucks, and other delivery vehicles. residential uses on top 7.1 SECURITY Residential units shall be designed to ensure the security of residents through the provision of secured entrances and exits that are separate from the nonresidential uses and are directly accessible to parking areas. Nonresidential and residential uses shall not have common entrances that provide direct access to residential units. The separation of entrances shall be shown on the development plan and the separations shall be permanently maintained. 7.2 RESTRICTION ON ACTIVITIES Commercial uses shall be designed and operated, and hours of operation limited, so that neighboring residents are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries, or late night activity. There shall be no loading or unloading of trucks between the hours of 9:00 P.M. and 9:00 A.M. 7.4 VIBRATIONS AND ODORS No use, activity, or process shall produce vibrations or noxious odors that are perceptible without instruments by the average person at the property lines of the site or within the interior of residential units on the site. 7.5 LIGHTING Outdoor lighting associated with commercial uses shall not adversely impact surrounding residential uses, but shall provide sufficient illumination for access and security purposes consistent with the lighting standards in Chapter S of the SAMC (Security Ordinance). 7.6 WINDOWS Residential windows shall not directly face loading areas and docks. To the extent windows of residential units face each other, the windows shall be offset to maximize privacy. 8.0 Implementation This Division includes development Standards and design principles that are designed to work in concert to facilitate the vision for the long-term development of the MEMU Overlay Zone. Successful implementation of this Division requires effective and coordinated administration of these required standards and principles by professional staff on a cooperative basis with developers and property owners with the goal of expediting the entitlement/permit process for projects consistent with the plan. 8.1 MEMU SITE PLAN REVIEW BY PLANNING COMMISSION A. Any application for development subject to the provisions of the MEMU Overlay Zone shall require filing an application with the Planning Manager for approval of a MEMU Site Plan Review by the Planning Commission. The application and development plan shall contain the materials outlined in the Planning Division's Development Review Committee Checklist which includes but is not limited to the following materials that shall demonstrate conformance with the provisions of this section and other required sections of the SAMC: 1. A site plan consisting of architectural drawings or sketches and plot plans, all to a workable scale and fully dimensioned, showing the elevations of the proposed building or structure, off-street parking and other physical features such as trees, hydrants, poles, and other installations, and any other such information as determined necessary by the Planning Manager to fully evaluate any requirement of a building permit. 2. A landscape design plan, pursuant to the requirements of Section 41-1507, showing fully dimensioned private, common, and public open space areas. will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the MEMU Overlay Zone. Depending on the level of conformance with the findings of the MEMU Overlay Zone, the Planning Commission may take any of the following actions: 1. Approve the development plan 2. Approve the development plan with conditions 3. Deny the development plan 8.2 FINDINGS FOR GRANTING A MEMU OVERLAY ZONE SITE PLAN REVIEW APPROVAL The Planning Commission may grant a MEMU Overlay Zone Site Plan Review approval subject to finding the following: a. That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU Overlay Zone. b. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU Overlay Zone. c. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU Overlay Zone. d. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU Overlay Zone. 3. A master sign program, pursuant to the 8.3 CONDITIONAL USE PERMITS, VARIANCES requirements of Section 6. AND MINOR EXCEPTIONS B. Upon receipt of a MEMU Site Plan Review application, the same shall be reviewed by City staff to determine conformance with the provisions of the MEMU Overlay Zone and referred to the Planning Commission for review and recommendations. The Planning Commission shall review said plans for the purpose of ensuring that buildings, structures, and grounds will be in keeping with the compatibility standards and design principles of this division, and Conditional use permits, variances and minor exceptions in the MEMU Overlay Zone shall be processed and considered pursuant to SAMC Chapter 41, Article 5. 8.4 TIME LIMITS MEMU Site Plan Review shall automatically become void after two (2) years from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the MEMU Site Plan Review. City Council may, by resolution, extend the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three (3) years in total beyond the date it would otherwise become void. Acceptable action shall be considered to be actual construction, alteration, repairs and use of the structures and land. Preparation of plans, financial negotiations, or change of property owners are not considered sufficient evidence of action. 8.5 DEVELOPMENT CAPACITY MONITORING AND ENVIROMENTAL REVIEW In order to maintain conformity with the provisions of the environmental analysis completed for this project under the California Environmental Quality Act (CEQA), development capacity within the MEMU Overlay Zone shall be limited to 1.27 million gross square feet of commercial (retail and service) and 3.41 million gross square feet of office space. This corresponds to a potential net increase of 963,000 square feet of commercial, and 690,000 square feet of office space, and the potential for 5,551 residences above existing development constructed prior to March of 2007. When new development within the MEMU Overlay Zone reaches 80 percent of the allowable increased capacity, iment shall be entitled until an environmental review, including a traffic study, has been completed pursuant to CEQA. These development capacity "triggers" are as follows: a. Commercial -770,400 square feet b. Office 552,000 square feet C. Residential -4,440 units 75A-269 75A-270 i Fable of Contents jIntroduction.':................................................................................... 2 Site and Planning Context 3 Metro East Public Realiri ' Ainchity''Plin,' 4 i Existing Conditions - :' Photo Survey.......................................................5 Existing Conditions . `- Base Map ..............................................................14 Street Trees Locations and Types 15 i Street Lights. Locations and Types 21 -.:' •':Existing Streetscapes . ' Typical Plans and Sections .............................. 23 i AIEAIU-0veilay- DevelopmentZone.................................................................................. 28 Metro.East Public Re.ihn AmenityConcept........................................ ............................... ..... 30 Prop osed-Easetnetits- 31 Street Trees 32 :'Pedestrian Street -Lighting 33 Improved Streetscapes' ' Typical Plans and Sections .............................. 34 i CostEstimate . ..:•...................................................................................41 I I I \Metro:East Public Reale} Amenity Plan : 1 75A-271 Introduction c The Metro East Public Realm Amenity Plan is an outline of streetscape and open space improvements that reinforce the new uses proposed for the Metro f East Mixed Use Overlay Zone. The improvements of this Plan are in addition to the normal infrastructure improvements that are consequent to new development. These improvements are proposed to ensure that the public realm complements and 4 supports the introduction of residential uses into this formerly commercial area. Additional street trees, p' pedestrian scale lighting, district identity signs, water features, improvements to the character of Golden Circle Drive, and the acquisition of new open space amongst other improvements are all proposed to q establish the amenities required to both attract and support quality residential and mixed use development. The goal of this public realm plan is to i ensure that appropriate high quality streetscape and open space improvements are realized as this area emerges as a mixed-use urban village. r L L. f. C: r:�-ufSun naau \•Ietto East Publie Realni rl i enity Plan 75A-272 Site and Planning Context Bounded by the Santa Ana Freeway to the East and the Costa Mesa Freeway to the West, the Metro East district covers approximately 147 acres of land in the north-eastern corner of the City of Santa Ana. m a' > a m J C7 �S m Santa Ana RegionalLLL .P Transportation Center o a> e ey ` - t.• T �. h 1 114 mde _ _ - J -_ �1 •J` Fourth St. 1 V2 mHe First St. 1 1 mile 1 . 1 I 12 mil Key N — - — Sfndy Area 0 500 i000 Fr CD ---- Ciry•Boundan 1 "1 Sam, 1 . \ k do Laat P111)li( Rt jini AnICniIN Plaut 3 75A-273 r L Metro East Public Realm In conjunction with the Metro East Mixed -Use Overlay F Amenity Plan Zone, this amenity plan provides a framework from L which to build a clear identity for the district. CABAILL O PARK Y11 r L 00••g090rN 001 66600:9- I i—^' N,�. �, ♦�A , O*JOo000e1i}r,F,r [O!I �! _ r' :rr PARKCOCATPI� `0rrr-_.wc spyWANK Og0060e 60600900 \ 1� Iiri i -.--.aDOom�oeeoe®ew� I w2ic%L�S�Y>Ffb*irilc-Yd-ra�iP`� - tr _. ort®o �ae cuw �DDooe1,� ..- \,-r \r 060660 rt D=.. , - ' - 9006096 D O 016000;, . l`%' 9'.c�'fi: zY9 ti4_ ut �` 111 ' pJ '2s.� 3'� yuh_•&•- .¢+ �+y�' .4tE,sH.iS�a+Y _tf_lt I 1 1 �i r K%7d N t't � ! � —. MI_ r- a i;t•— T. 0b60� .�p._._ --- FIRST ST " v 609600 0 'e- est 3CC1'�(.�faL .6G6136tbPSZe-O; -wS: 00 -- - `� 06, `7 f Key N e -- Slrrrh•: Lvn %' Public O/trn.Slwcc u Iso ;oo r-rED r --- Citt•lioundan• 0 l]Flsling Shovel rivet' �— L. —•— Pxisfing Parrel Lines ® P_Visfing Palaf Tams Setback Liomy ® Neu• Sn•eet•1•mes F.risling,Slavis (Gf� t\elr PetlesiNan Sheet Lights u' ® : I dditional Setback raseurrnls L C. GtrnrSanfad�m ---- )—_—_ — I \•Ietro East I ublic Re.}Im Amenity 1 hill !,. 75A-274 1. Existing Conditions Urban Studio documented conditions in the field, Photo Survey Locations the streets, sidewalks and open spaces that define the areas public resources. In general, district open space character has an incomplete sense of place with few fully realized streetscapes and little connectivity to the surrounding area. 32 Cabrillo Park �.,. 14 4 15 Key Sradt- Area -- 00, Boanda N o ±sa 111Fr (D i ''' � � - \leuo Caa Puhlii Rcalni-lnunih Plan - --- -- - ---- -- — -- -- - - ----- — --- ----- - - -- - - - - I 75A-275 Existing Conditions First Street is automobile oriented. There is.no First Street sense ofarrival or signage that marks theAistrict. Street tree plantings are inconsistent and in many locations non-existent r L r' L C` L First Street and Cabrillo Park Drive Looking Wesl to East L �� First Streel and Golden Circle Drive Looking North F L. r' I L. r �� First Streel and Tustin Avenue Looking North fL _ L c� °fs°m° An..NIctro East Plr_blic Realm Amenity -Plan" 75A-276 C` Existing Conditions The -First Street'erivirohment mainly addresses the •First Street furictional Yeguirements of.the automobile. (continued) r F �� First Slreet View East First Street and Freeway Looking First Street View West to Freeway 5 East 6 2 First Street Panorama South Side �c1 First Street South Side l� Flrst Street Sauth Stde 10 F(rst Street South Side "r4•"f"'°^"" DIc[roTast Public'Realrri tCmeniLy. Plan - - 7:,,: 75A-277 r• L Existing Conditions Fourth Street is the central east-west street that Fourth Street bisects the district, but has missed median opportunities and-ho sense of arrival from the surrounding area. L. r rr ;rga' - i' . •v li a 4�rr in 1�lt>>t A I r ��1 Fourth Street and Cabrillo Park Drive Looking East to West L. r i t Fourth Street and Golden Circle Drive Looking North t . C. r' fl . Ms�nmr i � Fourth Street and Tustin Avenue Looking West to East i L. IvIctro East Public Realm Ain mity Plan 75A-278 _ �" Ddstln*g' Conditions Inconsistent street tree plantings: along Fourth Street .Foiziith St- and underutilized landscaped`medians provide.little sense of identity (continued) '.. Fourth Street Looking East to Fourth Street Looking South at Fourth Street Looking West to 14 District 15 Freeway 16 Freeway Overpass Fourth Street Looking South to Fourth Street and Park Center Fourth Street Looking Nofro 17 Commercial Building 18 Drive Looking East 9 Intersection on Golden Circle Drive =Streetand Tustin Avenue Fourth SVeet Looking Southeast at Fourth Street Locoking East Towards 2� Looking West to East 21 Golden Circle Drive 22 Tustin Avenue 'Alctca1 '* Public'Rcalm=ttmenrty.Plan ;9 75A-279 Exist'mgConilitions Golden -Circle Drive Golden Circle :Drive is the main centrally located, north -south street that serves the district. Fourth Street Looking North at The Theme Building Looking The Theme Building from the 23 Golden Circle Drive 24 North at Golden Circle Drive 25 Southwest L r e. r' . LL. , G' I 5 I: n' I Golden Circle Drive: Western Golden Circle Drive: Northern Fourth Street Looking Northwest from l - 26 Section Looking Norlh 27 Section 28 Intersection with Golden Circle Drive r' c. L: G. �� Golden Circle Drive West Side �n1 Golden Circle Drive East Side �1 Golden Circle Drive East Side U CiijrofSa,Na:ina : ._ �dctro Past Public 6t 75A-280 l' Existing Conditions Cabrillo Park Drive connects the existing.uses to tthe Cabrillo.Park Drive. -. _ major public;amenity in. the area, Cabrillo Park.. 32 Cabrillo Park 33 Cabrillo Park Drive and Park Court Place Cabrillo Park Drive 34 East Side U Cabrillo Park Drive View to Freeway �a1 Cabrillo Park Ddve and First Street Golden Circle Drive 37 East Side EStj ufsanm;p,a. -. i\leliv� East Public R"m_tlinenil��Plan, 441 75A-281 Existing Conditions ` Tustin Avenue, provides a connection to the public , Tustin Avenue bus transportation lines running north and south L through Orange County. P I Tustin Avenue and East 6th Street Looking North to South i i L I �• tlilT' Esta f — f �� y �e1 Tustin Avenue East Side 4l) Tustin Avenue East Side ^ i Tustin Avenue Eas[ Side � , U ,r r^ r V. M 1.. �. Tustin Avenue West Side Tustin Avenue West Side Tustin Avenue West Side{ °�=°�� "'"'"° i�fetro:East Public:Realm tGincrut} Plain- 12' 75A-282 Existing Conditions -Tustin Avenue (coritiiiued) Street lights along .the eastern.side of Tustin Avenue are infre " h-ly,pIa d �� Tustin Avenue East Side 48 Tustin Avenue East Side AletroCisCPublicRe<ilmari�enity.P4zii 13 75A-283 Existing Conditions The existing conditions of the Metro East district Base Map include limited street tree plantings, a lack of distinctive markers, and lighting oriented towards the automobile. Ott" CABRILLO PARK —_ --- i U JI --------- -- --- T- ----- -- }tlp S , aPARKCOORT PL moa i J utj! F a r Yj o o � Z- dip �¢ � �C 8 Y MT if o � a � — LEE!] _ FIRS T.- Ilki Key. N Shrdy Area Q Existing Street Lights o tso loo FT(D ---- City Boundary Q Existing Slreel Trees ® i ® Bus Stops (Routes 64 & 71) ® Existing Pa1nr Trees Sigrurlized Intersection j b I Notes • Existing bus stops along 1st Street and Tustin Avenue. L • Existing street trees vary in distance. � • Only existing street lights; no pedestrian lighting. L r L aj.ofsnnm,lnu Nfetio East Public Realm -rhe'nity Plan lit 75A-284 Existing District. The existing trees along Tustin Avenue vary widely in Street Tree Types species. CABRUO PARK - I N - ----•=gq©�-�-,- -ter �, g o[ 0 0 C PARkUOUWT PL tt+a,I� 77 2 , � U I 0 V�VV\ 15, pTl�- g aJ 14 r%� 12f 10 �'� 9 8 7!6, A Key - — 'Shrdy Area --- CifyBoundwy Eristing Sh-ee(Trees ® ETisting Pahn Trees N 0 n0 300 FT QPyrus Kawakamii )Ligustrum Lucidum @Liquidambar @Syagrus Romanzoffianum Gp fwa,aAga NQetro Last Public kc alm AmeaityPlan 13 75A-285 r Existing District Along First Street, the predominarit-type of street tree Street Tree Types is the-Leptospermum. r I \ l 1 t 4•� I @ff Brahea Edulis ( Leptospermum 07J Leptospermum @Leptospermum ° l L I -.:,. I � ,•;� I �,:;1. N� It I . €9+ LeptospermumCOI Leptospermum (1.—I, Leptospermum t12 Leptospermum f� l react 1 rV, 13 Callistemon Citrinus 1`4 Callistemon Citrinus @ Callistemon Citrinus C, G4j,°Isa"'oal": Maro'Eaet Public Realn�;Amenity;Flan 75A-286 �` Existing District_ _ Pinus Canariensis and the Ficus tree occur primarily Street •Tree Types ,along the existing medians LLJ b v CABRUO PARK !'' p Plo a i=roPARKII011HT PL 3s^*w r�lI rf .• ^� 1 E3 ��i LSI o 1 �_ ►��:� �.�� o� Key &o Area CityBoundary 0 Existing Street Trees Existing Palm 7Y-ees 04 N a 1e goo Fr TT9 50 @Pinus Canadensis Ficus @ Ficus cy-o/sewaa�a ..• .; \�[etio East Ptiblic Realni;Ai ici iLy.. Plan,: - - : 17•� 75A-287 r L Existing District Long portions of sidewalk along Fourth Street contain r> Street Tree Types little or no landscaping. r.' i s ' Pinus Canariensis t`55 Ficus U6 Magnolia Grandiflora ,• �' i—x''a'Fia� s' :' 1 ' iY- I 3 _ V. 0Callistemon (8)Washingtonia/Queen 9 Washingtonia 1Q} Magnolia Grandiflora Palm ' L, 1 1;1 Magnolia Grandiflora @ Platanus 13, f C: Mr.°fs°"'°^"°'` : ' INIctro Gast Public RealmA nenityPlap:' 18. 75A-288' Existing District Lagerstroem'ia Ihdica is the existing mediah tree: Street Tiee'Types along Cabrillo O*k brise _ 7 �PARKCOCRT PL -a Key Strndy Area ---- CifyBoaadmy 9 UOPARK jrc N 15 17. I!1 =1' GJI N 1 7M Q Existing Street Trees ® Existing Palm Trees 11 ra■� ,u E:1 7 N o Iso - 100 rT @King Palms DLagerstroemia Indica OLagerstroemia Indica L4 Existing District Platanus and Liquidambar trees define the street Street Tree Types along Cabrillo Park Drive. _ F ,1H R s •y 'A> 'tr.,y�rS�;y��v��`�Sst"..'yF��yt`, 3i' 9°" - `" y, ,v''�' L. Y J _- L f:,4D: Lagerstroemia Indica b@Platanus @Platanus f` La ♦ `yZa� Y 1 r< !ti I v i i F C u � � ip+"Y,1 rr"�2J�2 `r+• ''s s.l" 'R�� , �,' 4 c •'. L. ■ ,i r Platanus (8^)Lagerstroemia Indica Pinus Canadensis 110) Platanus 9 C_ I i. � S ya: 1 } lC3c,. wiwiMw�e yjP i1 tr _ 11 Olea Eoropaea @ Liquidambar Q Liquidambar 14 Liquidambar �J \4etro East Publie kealm lliienit} 'Plan 70' _ 75A-290 Existing Street" Lights ' _ All of the street light, types in the area are cobrahead Locations and Types:. variants. cA98LLLOPARK —•— — — _o. ---- -- — •— —• — — III u esxr,sr..- oppgKY9tlgT PLS \ �l �Iw' 3 r FFM Sfder, Jul 11 O Iw 54 �'�e —i •�— -Q I Key i Study Area -- CityBoundmp ® Existing Sheet Lights Signahzed Litersection � � O N 0 150 300 Fr (D cirofSoiArsAna y \.(ctm East Public Rcalm rlinemh- Plait 21' 75A-291 Existing Street. Lights Street lights along the First Street corridor are Locations and Types: irregular. ' 61 7 0. r C� CW.fSuam dna ..-. . ilfetio Eas[ Pulilic.Realui,Ameuity Plan 22 75A-292 �: 0 Main Traffic Corridor Scale: 1"=25' r"J5°at°Ana..AIetio last Public Re11m Aincruty.Plan 75A-293 r Existing Streets The existing rredians and sidewalks along Fourth Street ares arsel landscaped and make little use of r Typical Plan and Section sparsely p L the potential gateway qualities of this major street. 8'-0-I 42'-0' 42'-0' �l r, 42 -0 - Central Street Corridor Scale: 1"=25' cq-oJsn�ma a - \'tetro East Public Realm Arh6niLi Plait 1241 C. 75A-294 Existing Streets :' Cabrillo P.ark'briv6.,mainiains 6'fairlyu6iform row of Typical Plan and SeChom street tree plarihhg'north of Fourth Street; However, the southern portion.of the-streeYbreaks With the regularity.. 32'-0" W -V �� Typical Local Access Street Scale: 1"=25' �+�'�Isn�+a^^^ \-faro l;ast'PuUlic Realrri,�imenity Plan 2� 75A-295 i� Existing Streets Golden Circle Drive is a narrow two lane street Typical Plan and Section providing access from First tofourth Street. �1 20.0- 22-0' t i s a 30.0° 22'il' °Y, i A2-0 e �i - � a i :2Z -O': � t �S k pp7 D Typical Main Street Scale: 1"=25' c:� uJsouluAno �(ctro, Eas[ Public Realmtlinemty Plan 26's 75A-296 �' 18r -P I 22'-0' 1 22-0' 1 8'•0° I 30'-04 30'-0" Secondary Local Access Streets Scale: V=26 Mcu-0EastPublic Realni ineiniiy_Plan' 27 75A-297 r MPMU Overlay Development r. Zone Districts t r Key N L . — - — Study Area District 1: Neighborhood Transitional -- City Boundary ® District 2: Village Center r Existing Parrel Lines - District 3: Active Urban ❑ ❑ ❑ ImprovedPedestrian and Bicycle Corridor Pedestrian -Oriented Uses on Ground Level 40=1 Pedestrian Linkage 0 Evisting Office Uses C . o zso 50D FT �) 1,500n. Radius Walking Distance Metro Past Public Realm Arnen4.Plan 28.` 75A-298 n,." 75A-299 District 1 Neighborhood Transitional District 1 is intended to provide opportunities for low -intensity development that acts as a transition between the single-family residential to the north and the adjacent high-intensity Active Urban District. District 2 Village Center District 2 is intended to serve as the focal point and central gathering place in well-designed highly connected development sites and public sites. District 3 Active Urban District 3 is intended as the location for well-designed high rise mixed-use developments in a highly urbanized environment. r i Pedestrian -Oriented Uses on Ground Level Pedestrian -oriented uses are intended to generate pedestrian activity and provide uses that are neighborhood serving and contribute to an active street life. Existing Office Uses Existing office uses include low and high rise office development along Tustin Avenue and the Santa Ana (1-5) Freeway Corridor. c±qo/so on�e Ttetm last Public Realm rlinenity,Plan . 29 75A-299 Public Realm Concept The proposed public realm amenities will enhance the pedestrian scale and quality of living in the area. L b l Key — - — Study Area District 1: Neighborhood Transitional N q ---- City Boundivy ® District 2: Village Center . — Existing Parcel Lines ® Mirict 3: Active Urban Gatnvay Opportunities J Pedestrian -Oriented Uses on Ground Level ' El EJ C:) Main Traffic Corridors 0 Existing Office Uses " M W IN Local Access Streets (existing & nm) SEM E Central Street Con-idor Open Space/Pedestrian Linkage Component ' M Main Street J 1,500 ft. Radius Walking Distance o 250 eoo Fr 0 0. ■ Alley Street with Pedestrian Orientation C� _ GtyufSantaAna �'iCCl-O )✓:1st Public Realm amenity Plan _ 75A-300 _ Proposed Easements By allowing for greater easements, this plan provides ! an opportunity to create a walkable environment and a friendly pedestrian atmosphere. T. CAFMILLAPARK 77 I� r a r7 jI� fl_ II E5 HST�II - —PAARRJK,06X�iT PL // '� �. i ;.-•III —,i�/ /— 1C 1 �I_ \II jo71J -- - r - - 1 11i T r'I OF - I �_ SLI Key Setback Lines ---- 0111•Iinnlydrn,• - rxisting Sbrefs —•— Gdisffng1lairel Lines ® :It/llli1011nl SC IGOC'k rr6ventems Pithlic O/It'll $/MCe Notes . Minimum 35.000 SF of public open space including roads shall be created within this . NEW and EXISTING Dimensions from Center r \ ci of Right -of -Way. an,fsN::a^^ Nleiro Easf Public Realm AmL•nin• Plait 75A-301 N a t:o ;nI PI' Improved Condition Consistent street tree plantings throughout the district r Base Ma provide a coherent visual identity and an attractive Map Street Trees streetscape for visitors, workers, and residents. ` r Key N L — - — Study Area Existing Street Dwes o 150 300 Fr . ---- CityBoundwy ® Exisfing Palnr Trees l ---- Setback Lines ® New Street Tires L Notes: r • New street trees should average 30' on center. • Flowering trees at medians create seasonal color. ij L' cq- fsar,mn�a 14ctro East Public Realm :fiieidty Plan 31 _ 75A-302 Improvied Condition' -, ped 6d . strian. . street ligthroughout the e lighting Base.Maj� Regular district i.ficreases, night-time visibility and safety. for pedestrians.. Ped.estrian'Streei Lighting I L F .PARKP.X1t1RTPI Ir Key Study Area QyBoundwy Setback -Lines MU LO PARK s'—%- -- -- -1 M] Bits Stops (Routes 64 & 71) (0 New Pedestrian Sheet Lights Notes 0 Pedestrian lightpoles in the Central Area every 60 ft. r hRS N 0 150 300 Fr (D Nfrtro Public Realm Ant nim P] an 33' 75A-303 ImproVed Streetscape Typical Phin and Section Improvements --:- I Disirictslgn&gi6,8�Iildnfiity.'l ' Jvith flowering trees at,.,.7 rerhaifidO of,median - ■ 5,par a at cu M Inflll _' q ;4Magnblla'Wandifloiaib . r similar at ± 30',d.b, alo'n -.,Sidewalk ■ Pinus rie'n`sis or shnilar-.. ■ P-kfiis KaWikariM6 r, similar at *AO'oc.on, median;. , -71 District signage and flowering trees. mark Fourth Street as the major gateway into the district. 42'-0' 42'V 15--W 6 -itis K, ka Gateway Condition Scale: 1"=25' C, A. Mu'Ec-o. astPLi,bli,tRbdni.AxheiiityPLin 3'4. 75A -3Q4 Improved Streetscape,'' :, ' _ Wider sidewalks in conjunction with, the parkway . Typical Plan'and Section enhance the overall quality of,the urban environment for both pedestrians and automobiles. Improvements... _ . 1 ■ 10':vs.8'iidewalk ■ V:parkwAy, at curb ■ New pedestrian light poles'at + 60' o c along sidalk f ew ■ Magnolia Graiidiflora or 1 similar at t 30' o c along,, �:,_� As Pinus Cananensis or similar j _',aft 30 o c ,on median ,, I ' h ~ I YV y 7 Ijf �r�•f -' +� - 57''0" I. I ; 1 I I 5r, -o- 1 4270'- 4 I I' er ; LI Magrroha GrandrJlora I r i $ , Pedestrian Light Poles': ! ltenralrve`I 1V -0I 13-0 ;�! 1T4Y 1,111'-0^ 4 11-0 l,i 71'-0 : 73'-0' l 1_ Central Street Corridor Scale: 1'=25' It -f S., aAno .' AfetrbTw t Public RealrtiArrrehita'._Plan 75A-305 Improved Streetscape Typical Plan and Section Improvements:'- . p`bne lane."rn'each direction with'parking.on both sides • . _ 8'.sidewalk ■. 4'-p'6rkwayat curb,. ■ Pedesthan light. poles at t t.: 6tT o,c, in line,with :tr`ees' 'Infill•"' •` - !: Ligidainbar orsir ri l it a(±. 30;0:0: along sidewalk; WVP.._Z • i .I�cw£ i Decorative paving and pedestrian scaled lighting place an emphasis on the walkable nature of the district. C 124r 22-0• 22V 124- Secondary Local Access Streets Scale: 1"=25' ':Cig�ufSanmAna - ' Amenity\'tetinl;asl Public Rcalrri Amenity Plait - _ - I3�;'I 75A-306 L'. L. c 9 L- P' L r,• 11 . f' I L. L ti I -Proposed Streetsicaipe Greater albWanbiis for the parkWay provide a,physical buffer betWe6ribetweenis buffer increases e comfort pedestrians drid'abitornobile.- traffic. In Tir ical Min and Se6tibn -tu " -th 6s; th', 'iorf level for - pedestrians . Improvements.:,j oLP4ijestdahilig6i'poles .at;±- 60'Vcin line with trees' Infill ! r u ep ygpermiqn Main Traffic Corridor Scale: 1"=26 U�t Public Rea nyAh 'L Nfetro-I ieni y. Plan pn %W 75A-307 Proposed Streetscape Plan and Section Imorovemerits: i'■`e' sidewalk 1,111 4"par6ay at curb .: .; New;pedesirian-light poles at: 160 , 60' o,c`in'lin e with.trees 4r'..Infill: .':._:.�'._�,•.: - F.Platanus orsimilar at t 30 �o(d. along sidewalk i ■ .Pyfus Kawakamu or similar -' :'`'at t 30' o.b. along `median , - e Lagerstroemia Indict or � ' similara_ t t 201. o.c.,along 1, meiian = . P}nrs'Kalrakanrii I I �- Pedestrian Ll' ht Poles: -- . ;- ;j AGerrraive I r 'I ,lltenmfne2 ; cT°f Canon"° Metro -East Public Realm Amenity Plan, A variety of trees located at the curb and the median give the street a diverse range of colors and textures as the seasons progress. s I 12b' 3Z -W J, 32•-0' I 12'-W Typical Local Access Street Scale: V=25' 75A-308 r L. n' i L r r' fl r sidewalk 3 K I i { I i ' J } i 15w° 22'-0° I� 22'-0° , 13-0° ... II ams. • 4a�n=ri" 6:; 22' iso' I� B V '114 , B -P 9 (�.Typical Main Street , Scale: 1"=25' EiipujsaneaMa = - Dtctro Gast Eublic Rcalni-rleneiuq .Plan - - 3J.' 75A-309 I Proposed Streetscape Typical Plan and Section • Improvements::'-.' - Q'37'.decorative pavedIstreet with:pedestdan"orientation= . :. Bollards _5' from one-way -alley.at.±'10''o.c. Pedestrian light poles; at 4- 60'.-o:c°in7ine'with trees ■ KoelreuteriarBlpinnata-21' from;curli.t30`oic., Pedestrian•Llaht Poles: Located between First and Fourth Street, the pedestrian -oriented street creates a natural gathering place for the community. 37"-0` I 26'-0° I s" Y a 37'-0" 0 Pedestrian -Oriented Street Scale: 1"=25' Metro GaSL Public Realm Amenity Plait, 75A-310 Metro East Public Realm Amenity Plan - Cost Estimate 01 BAST PUB(3C RF/d.f/ •ME1dTy PLW 510296500 kdtlos CmdradmOSF Contlwenoyw 2096 52049300 COST ESBIMaIE FOq NNENOy 03Pg0yEaffN3S S% 5619790 CmvWdim 14sup...1, 13614,790 S.hutd Who E PuEBc Rad /Mardty Cast. NmriEe; e/ ImP t 20% 152,70S,076 Tie Cbrt f1623095fi Cert Notes (N) Rpadwaya Iscma ltwl) rmt Of devebpnrent (NJ Roadway. (wiuw .) ust Oftlrvebiment OO Stlasmiks (.gddtlen) most of demob of IN) SiftIoI h (wnrtwtlOn) most of de.e4gmsnt (N) paved SWew 0 Qli OLo!o Ddw sgimn feet 336 3S,OOD 3560.000 (N) P.wd Sulfa. at H AOry - cost orde.bpment (N) NEB. Open Spa.(.gwgu.) pose hat $125 43.500 55,432,500 mo. prshese of epptoaFu[eyoM ave al rep opm spxeI. drtrid (fO P.M. Open Spa. (h o&vI" aM wfucepe) so. feet S20 43,500 5020.000 meurca kWmement of one acre of new open spew (N) P.Ik3 (ands ®pa Ellpape oou) - =al deeeklpnent m". Ourds.pe arc f.Go bo,m.manu) wtlara foot 96 23,500 5141,000 fta*n K. feet $3 23.500 520.500 elbwa�¢e (N) T... (averyrean, JIda-w, wN n .Mg) each S1.000 BOO Sam.= (N)Tm (.lurch esA $I.0o0 IW $100,000 Golden title Dm ody (N) T.. Gmtn each 51,000 100 5100,000 Golden tide O o oNy (N) Pedewuw Sheat UgWm / piles eaN 53,500 225 5962,500 (N) RWaM. eatli 5250 200 $150,000 (N) Trash ROwpt%M. each 5250 100 3251OW (2O Bendw] each 51,250 100 SI2S,000 (N) Blcyda Wcks eaN $1,250 100 51251000 (N) Newspaper Rech exh 51,000 20 520,000 (N) Bus STdte. ea $301000 T S210'm amwawa (N) Wey0Mln0 / UWd IdwEty ead 5250,000.00 5250,000 dooa o Gatatmy Mo...0 e h S25.000.DO 2 $50.000 xb rce Watu F%hoo / Fouot ftI each SSO,wO.w 4 Szw.m eBo a SWutal wt Dert. 510296500 kdtlos CmdradmOSF Contlwenoyw 2096 52049300 FnwtuWw nq pulOn B S% 5619790 CmvWdim 14sup...1, 13614,790 S.hutd Who E PuEBc Rad /Mardty Cast. SIS 525300 Ahspn. E1Batbn Uvkw Pro).d DumOen 0 20% 152,70S,076 Mat. an 1{tl51e Red. mI.nity Costa f1623095fi \4etro-Ew t Public Realr)i Amenity Plan 41 75A-311 75A-312 /� _/+O� Imagine it. 401 W A St. Suite 1200 NE` Delivered. San Diego, CA 92101 Qualitative Assessment of the Net Fiscal Impact Metro East Mixed Use Expansion This memo contains a qualitative review of the potential net fiscal impacts that might result from an extension of the Metro East Mixed Use (MEMU) Overlay Zone. It is understood that the proposal would expand the MEMU by approximately 33 acres and extend the existing development capacity of 5,551 new residential units, 963,000 square feet (SF) of new commercial'space, and 690,000 SF of new office space over the newly reconfigured area. The total developmenrcapacity will not change, but the land area footprint would increase, resulting in lower flooi-area ratios (FARs) needed overall to accommodate this capacity. A portion or all of the existing development on the 33 -acre extension might eventually be replaced as some of the existing MEMU development capacity shifts. Extension of existing development capacity to a new area"without an increase in overall citywide capacity would be expected to transfer net fiscal impact at buildout from one area'of the city to another. In other words, no meaningful additional costs or benefits would tie expected because the development potential is simply being spread out over an extended adjacent area. An initial review of this proposal suggests that this would appear to be the most likely outcome of the exfension. There are some factors that could lead to a different outcome upon further evaluation. These include: 1. Development potential in the;existing MEMU — If buildout of the allowable land use capacity in the existing MEMU is not physically or economically feasible, the opportunity to develop that capacity in the existing MEMU_ is diminished, and the transferto an expanded MEMU may be an enabler rather than a transfer. 2. Development potential in the extended MEMU —The fiscal benefits and costs of development in the extended MEMU is only realized if the development is physically or economically feasible in the extension area. 3. Redevelopment of current land uses in the extension area —Consideration of the fiscal revenues and costs of existing development in the extension area that would be redeveloped and subtracted from the City's inventory, less what is preserved in the existing MEMU, would have to be deducted to determine the net benefit. If an evaluation of these factors suggests the long-term allowable development would occur with or without the extended MEMU then no substantial change in net fiscal costs/benefits would likely occur. However if the opposite is likely, and the extension of the MEMU would make buildout more or less likely, then net fiscal costs/benefits would be expected to change. Additionally, as noted in bullet 3 above, redevelopment in the extension area of the MEMU could impact fiscal revenues and costs dependent on whether existing residents, tenants, and owners remain long-term. Net Fiscal Impact EXHIBIT E 75A-313 The net fiscal impact to the City General Fund would consist of costs and revenues resulting from buildout and stable occupancy of the different land uses on an annual basis. Fiscal Costs Standard fiscal analysis methodology estimates General Fund costs based on the estimated per service population costs at buildout. In this case, the service population is based on residents per unit and employees per square feet of the office and commercial uses. As a result, the service population and service costs of the existing MEMU and the extended MEMU are assumed to generally be the same since the allowable land use for each category is fixed; however, as already noted an evaluation of the development potential of the exiting and extended MEMU would be needed to conduct a full evaluation. The cost per service population is estimated from an analysis of the City's General Fund costs, including fire, police, public works, parks, recreation, and community services among others. The redevelopment of existing uses in the extended MEMU area could have positive or:negative net fiscal cost impacts. Fiscal Revenues Fiscal General Fund revenues are contingent on multiple factors. The' bulk of fiscal revenues would consist of general property taxes generated from the various land uses. Other select General Fund taxes and fees such as sales and use taxes, property transfer taxes, property tax in lieu of Vehicle License Fees (VLF), business license taxes, and franchise fees comprise'the components of the fiscal revenue estimate. The majority of revenues will be contingent on an estimate of the valuation of the built out allowable land uses and the associated property tax, minus the development that is removed through redevelopment. These valuations must be estimated through analysis of market factors such as supportable rents and/or for sale costs of the different land uses over time and at buildout. Other revenues such as sales tax are linked to factors such as household, expenditures captured locally, sales Per square foot of retail space supported by,non-residents (which may vary depending on the retail development's location and market orientation), and spending in the community by residents, employees, and visitors. Again, a preliminary evaluation of the proposal suggests that an extension of the MEMU would generally result in similarfiscal revenues. Substantial variations in fiscal revenues would likely only result if the extension of the MEMU made achieving full buildout more or less likely, and at a low opportunity cost. Additionally, redevelopment of existing uses in the MEMU extension area could result in net fiscal costs or benefits in comparison with new uses depending on their current economic performance and value. Preliminary Fiscal Net Impact Assessment Summary There is a reasonable probability that the MEMU extension would not create a meaningfully different net fiscal impact in comparison to the current MEMU. Further assessment of the general feasibility of the allowable development capacity potential of the existing MEMU versus the proposed extended MEMU would be necessary to arrive at a quantitative estimate of the net fiscal impact. 75A-314 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 TITLE: PUBLIC HEARING: ESTABLISH HEARING DATES AND HOLD FIRST OF FOUR PUBLIC HEARINGS TO MODIFY THE WARD BOUNDARIES (STRATEGIC PLAN NO. 5, 1) RECOMMENDED ACTIONS: CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Establish the following Public Hearing dates of September 4, September 18, October 16, and October 30, 2018, and the adoption of new boundaries at the Regularly scheduled City Council Meeting on November 20, 2018 to consider Ward Re -boundaries. 2. Open and Close the first Public Hearing that will explain the re -boundary process, review the criteria used to modify Ward boundaries, and allow residents to submit their ideas for potential "communities of interest" to consider in the new boundaries. DISCUSSION By certified letter received on March 14, 2018, the Asian -Americans Advancing Justice advised the City that it believes the City's current at -large method of electing City Councilmembers violates the California Voting Rights Act ("CVRA"). On April, 17, 2018, staff received Council direction to prepare the necessary resolutions to place a Charter amendment before the voters at the November 6, 2018 General Municipal Election to transition from at -large to By -Ward Election of Santa Ana City Councilmembers. The Public Hearings scheduled on September 4, September 18, October 16, October 30 and November 20, 2018 are required pursuant to Elections Code Section 10010. Staff has scheduled two Hearings to receive input from the community about their ideas for potential "communities of interest" and to provide criteria for mapping of new Ward boundaries. The culmination of these two Hearings will result in the development of proposed new Ward map(s) for consideration at the subsequent Hearings scheduled on October 16 and October 30. The Hearing on November 20, 2018 will be for the City Council to consider adoption of ordinance setting new Ward boundaries. A timeline of events is attached as reference in Exhibit 1. The City Charter requires new Ward Boundary Map to be approved by a 2/3 affirmative vote and at least 120 days before an election, which will be November of 2020. 75C-1 Public Hearing: Ward Re -Boundary September 4, 2018 Page 2 Staff has hired the firm of Redistricting Partners to assist the City in conducting the community meetings and public hearings and preparing the maps for consideration that will comply with the Federal and California law, including, but not limited to, the CVRA. Also, the firm ESRI will provide a web -based platform for residents to review proposed maps and engage the community throughout the process. Background The City of Santa Ana received a certified letter on March 14, 2018 from Asian Americans Advancing Justice threatening litigation under the CVRA if the City does not change to By -Ward Elections. The letter asserts that the City's current practice of nominating by Ward and electing at - large dilutes the ability of Asians (a protected class) to elect candidates of their choice or otherwise influence the outcome of Santa Ana's council elections. Below is information about the California Voting Rights Act (CVRA) and the provisions in the City Charter as related. The CVRA was signed into law in 2002. The CVRA prohibits an at -large method of election that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election. The law's intent is to expand protections against vote dilution over those provided by the Federal Voting Rights Act of 1965 (FVRA). The law was also motivated, in part, by the lack of success by plaintiffs in California in lawsuits challenging at -large electoral systems brought under the FVRA. The passage of the CVRA made it much easier for plaintiffs to prevail in lawsuits against public entities that elected their members to its governing body through "at -large" elections. A plaintiff need only prove the existence of "racially polarized voting" to establish liability under the CVRA. Proof of intent on the part of voters or elected officials to discriminate against a protected class is not required. California Voter Rights Act Reform (AB 350), a "Safe Harbor" On September 28, 2016, the Governor signed AB 350 into law, codified as Elections Code section 10010 (effective on January 1, 2017). The legislation attempts to provide a "safe harbor" from CVRA litigation for cities. If a city receives a demand letter, such as in Santa Ana's case, the city is given 45 days of protection from litigation to assess its situation. With respect to the re -boundary process, the City Charter provides that census data be analyzed to account for shifts and changes in the population. According to the 2010 Census, Santa Ana's population was 324,528, a decrease of more than 13,400 residents from the 2000 Census. The population shifts within each Ward were significant enough that required new boundary lines to be redrawn. The City Council approved the existing Ward Map boundaries in January of 2012, Exhibit 2 and 3. This proposed re -boundary process is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15320 — Class 20 (Changes in Organization of Local Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, since it involves a proposed reorganization of the City Council Wards and does not change the geographical area in which previously existing powers are exercised. 75C-2 Public Hearing: Ward Re -Boundary September 4, 2018 Page 3 What is Re -boundary and why do it? Re -boundary is the redrawing or adjusting of Ward lines to ensure that legislative representation is fair and balanced. It is done every ten years, after the census data is compiled, to account for population shifts and growth over the last decade. The purpose is to bring Wards back into compliance with equal population representation. The number of Wards in the City are to remain the same. Re -boundary Standards When deciding upon a proposed map, the City Council must keep in mind certain standards in order to comply with the law, Exhibit 4. The following are mandatory for any proposed map: • The Wards must be as nearly equal in population as may be (Elections Code § 2 1601). Exact equality of population is not required for the Wards, but they should strive to create Wards that have a total population deviation of no more than 10% between their, most heavily populated Ward and the least populated Wards. Gaffney v. Cummings, 412 U.S. 772 (1973). • Current Councilmembers shall not lose their current seat or allow a term limit reset for members that have served three consecutive terms of four -years each. • The City Council may also rely upon the following "traditional' re -boundary factors when deciding upon a map: • Cohesiveness, continuity, integrity, and compactness of territory (Elections Code § 21601) • Community of interest (Elections Code § 21601) • Finally, the following are additional criteria which are also acceptable to consider: • Traditional boundaries • Preservation of core of prior Wards • Race may be a factor considered in establishing the districts, but it may not be the predominant motivating factor in creating the districts. Miller v. Johnson, 515 U. S. 900, 916 (1995). Race is a predominant factor if the legislature "subordinate[s]" other factors—compactness, respect for political subdivisions, partisan advantage, what have you—to "racial considerations." Id. Santa Ana, like most communities have taken a phased approach to implementing Ward -based elections. 75C-3 Public Hearing: Ward Re -Boundary September 4, 2018 Page 4 The City Council encourages the community to be engaged in the process. Comments may be sent to Ecomments@santa-ana.org prior to each hearing to be considered during the deliberation process. STRATEGIC PLAN Approval of this item allows us to meet Goal #5. Community Health, Livability, Engagement & Sustainability, Priority #1, Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities. FISCAL IMPACT There is no fiscal impact associated with this action. The contract to conduct outreach and development of Ward maps with Redistricting Partners has been previously approved and executed accordingly. Maria D. Huizar Clerk of the Council Exhibits: 1. Timeline: Ward Re -boundary Process 2. Current Ward Boundary Map 3. City of Santa Ana Charter Provisions 4. Elections Code Provisions 75C-4 EXHIBIT 1: TIMELINE OF EVENTS WARD -RE -BOUNDARY PROCESS 75C-5 DESCRIPTIONOF ACTION DATE Published Notice of Community Meetings and Public Hearings in English, Spanish, Vietnamese, Chinese and Korean. August 27 Notices sent to religious organizations, Neighborhood Associations, a City Press Release and website developed with information COMMUNITY MEETING #1 - Thursday, August 30, 2018 at 10 August 30 a.m. at Iglesia De Dios Pentecostal, 1025 W. Memory Lane, Santa Ana, CA September 4 PUBLIC HEARING #1 — City Council Meeting COMMUNITY MEETING #2 - Thursday, September 6, 2018 at 6 September 6 p.m. at Southwest Senior Center, 2201 W. McFadden Ave., Santa Ana, CA COMMUNITY MEETING #3 - Monday, September 10, 2018 at 6 September 10 p.m. at Delhi Community Center, 505 E. Central Ave, Santa Ana, CA COMMUNITY MEETING #4 - Saturday, September 15, 2018 at 10 September 15 a.m. at Salgado Recreation Center 706 N. Newhope St., Santa Ana, CA September 18 PUBLIC HEARING #2 - City Council Meeting. (Pre -Map Formation) Publish Public Hearing Notice MUST be published at least 7 days September 19 before Hearing. (To be published on ??? for Hearings on October 16 and October 30th) PUBLIC HEARING #3 — (Map Development Session) • Review Proposed Maps as published. If any changes, will need to October 16 republish (NOTE: requires 7 days of publication prior to Hearing and adoption) • Adjourn Hearing #3 to Hearing #4 for further consideration. PUBLIC HEARING #4 — Tuesday, October 30, 2018 at 5:45 p.m. (Map Development Session Cont.) • Review Proposed Maps as published and considered at previous October 30 Meeting. If any changes, will need to republish (NOTE: requires 7 days of publication prior to Hearing and adoption) • Approve first reading of Ordinance and authorize publication of Ordinance (Requires five affirmative votes.) 75C-5 October 31 Send Publication of Ordinance, including map(s) with new Ward boundary lines to OC Register for publication November 20 PUBLIC HEARING #5 - Adoption (2nd reading) of Ordinance establishing New Ward Boundaries. Effective Date of Ordinance establishing New Boundary Wards (MUST be adopted before 120 days pursuant to Charter and 125 days per AB1730). 75C-6 EXHIBIT 2: CURRENT WARD BOUNDARIES City of Santa Ana Council Wards N Adopted January 17, 2012 0.0 0.5 7.0 1.5 Mlles 75C-7 75C-8 EXHIBIT 3: CITY OF SANTA ANA CHARTER PROVISIONS Sec. 101.1. - Wards of the city. Prior to the general election in 1988 the City Council shall divide the City into six (6) wards by ordinance according to the following formula: Each of the wards is to be as nearly equal in population as possible. The wards shall be composed of contiguous and compact territory and bounded by natural boundaries of street lines wherever possible. Any territory hereafter annexed to or consolidated with the City shall become a part of the ward to which it is most contiguous, pending any redistricting necessary to promote equality of population among the wards. (Prop. of 4-9-57, approved on 4-16-57; Prop. of 2-4-63, approved on 4-2-63; Res. No. 63-027; Ord. No. NS -1316, 8-24-76, approved at election 11-2-76; Ord. No. NS -1521, 3-17-80, approved at election 6-3-80; Ord. No. NS -1864, 8-19-86, approved at election 11-4-86) Sec. 101.2. - Wards, boundary changes. Ward boundaries shall not be altered except as reasonably necessary to promote greater equality of population among the wards when such necessity is shown by the most recent federal decennial census, or by more current census data certified by the City Council as sufficiently reliable and detailed to serve as a basis for ward boundary alteration, or by annexation or consolidation of territory. Such boundary alteration shall be made only by ordinance adopted by affirmative vote of at least two-thirds ( 2/3 ) of the full membership of the City Council in accordance with section 101.4. Any such ordinance adopted within one hundred twenty (120) days immediately preceding any election of council members shall not become effective until the day following such election. (Prop. of 4-9-57, approved on 4-16-57; Prop. of 2-4-63, approved on 4-2-63; Res. No. 63- 027; Ord. No. NS -1316, 8-24-76, approved at election 11-2-76) Sec. 101.4. - Same—Notice and public hearing. Before making any change, modification or realignment of ward boundaries or numbers of wards, the City Council shall pass a resolution declaring its intention to make such changes. Such resolution shall set forth a convenient day, hour and place when and where any persons having any interest therein, or any objection to the making thereof, may appear before the City Council and be heard thereon. The City Council shall direct the Clerk of the Council to give notice by publishing said resolution once a week for two (2) weeks in the official newspaper prior to the date set for hearing. Said hearing in the event of increasing the number of wards shall be held not less than sixty (60) days prior to the succeeding general municipal election. In any event, not less than thirty (30) days prior to the general municipal election, publication shall be made by map diagram in the official newspaper showing the new boundary lines of each and every ward. 75C-9 75C-10 EXHIBIT 4: ELECTION CODE 10010 Requirements: Before Maps Drawn - Two Public Hearings required before drawing boundary districts to seek input regarding the process of the districts — explain the process and encourage participation. After Maps Drawn — Publish draft map and hold two public hearings within 45 dans. Publish at least 7 days before consideration at a hearing. If revised, re -publish before adopting. DIVISION 10. LOCAL, SPECIAL, VACANCY, AND CONSOLIDATED ELECTIONS 110000 - 107351 ( Division 10 enacted by Stats. 1994, Ch. 920, Sec. 2. ) PART 1. GENERAL PROVISIONS 110000 - 100101 ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) CHAPTER 2. District Boundaries 110010- 10010.1 ( Chapter 2 added by Stats. 2014, Ch. 873, Sec. 1. ) 10010. (a) A political subdivision that changes from an at -large method of election to a district -based election, or that establishes district -based elections, shall do all of the following before a public hearing at which the governing body of the political subdivision votes to approve or defeat an ordinance establishing district -based elections: (1) Before drawing a draft map or maps of the proposed boundaries of the districts, the political subdivision shall hold at least two public hearings over a period of no more than 30 days, at which the public is invited to provide input regarding the composition of the districts. Before these hearings, the political subdivision may conduct outreach to the public, including to non -English- speaking communities, to explain the districting process and to encourage public Participation. (2) After all draft maps are drawn, the political subdivision shall publish and make available for release at least one draft map and, if members of the governing body of the political subdivision will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections. The political subdivision shall also hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. The first version of a draft map shall be published at least seven days before consideration at a hearing. If a draft map is revised at or following a hearing, it shall be published and made available to the public for at least seven days before being adopted. (b) In determining the final sequence of the district elections conducted in a political subdivision in which members of the governing body will be elected at different times to provide for staggered terms of office, the governing body shall give special 75C-11 consideration to the purposes of the California Voting Rights Act of 2001, and it shall take into account the preferences expressed by members of the districts. (c) This section applies to, but is not limited to, a proposal that is required due to a court -imposed change from an at -large method of election to a district -based election. (d) For purposes of this section, the following terms have the following meanings: (1) "At -large method of election" has the same meaning as set forth in subdivision (a) of Section 14026. (2) "District -based election" has the same meaning as set forth in subdivision (b) of Section 14026. (3) "Political subdivision" has the same meaning as set forth in subdivision (c) of Section 14026. (e) (1) Before commencing an action to enforce Sections 14027 and 14028, a prospective plaintiff shall send by certified mail a written notice to the clerk of the political subdivision against which the action would be brought asserting that the political subdivision's method of conducting elections may violate the California Voting Rights Act of 2001. (2) A prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028 within 45 days of the political subdivision's receipt of the written notice described in paragraph (1). (3) (A) Before receiving a written notice described in paragraph (1), or within 45 days of receipt of a notice, a political subdivision may pass a resolution outlining its intention to transition from at -large to district -based elections, specific steps it will undertake to facilitate this transition, and an estimated time frame for doing so. (B) If a political subdivision passes a resolution pursuant to subparagraph (A), a prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028 within 90 days of the resolution's passage. (f) (1) If a political subdivision adopts an ordinance establishing district -based elections pursuant to subdivision (a), a prospective plaintiff who sent a written notice pursuant to paragraph (1) of subdivision (e) before the political subdivision passed its resolution of intention may, within 30 days of the ordinance's adoption, demand reimbursement for the cost of the work product generated to support the notice. A prospective plaintiff shall make the demand in writing and shall substantiate the demand with financial documentation, such as a detailed invoice for demography services. A political subdivision may request additional documentation if the provided documentation is insufficient to corroborate the claimed costs. A political subdivision shall reimburse a prospective plaintiff for reasonable costs claimed, or in an amount to which the parties mutually agree, within 45 days of receiving the written demand, except as provided in paragraph (2). In all cases, the amount of the reimbursement shall not exceed the cap described in paragraph (3). (2) If more than one prospective plaintiff is entitled to reimbursement, the political subdivision shall reimburse the prospective plaintiffs in the order in which they sent a written notice pursuant to paragraph (1) of subdivision (e), and the 45 -day time period described in paragraph (1) shall apply only to reimbursement of the first prospective plaintiff who sent a written notice. The cumulative amount of reimbursements to all prospective plaintiffs shall not exceed the cap described in paragraph (3). (3) The amount of reimbursement required by this section is capped at $30,000, as adjusted annually to the Consumer Price Index for All Urban Consumers, United States city average, as published by the United States Department of Labor. (Amended by Stats. 2017, Ch. 561, Sec. 51. (AB 1516) Effective January 1, 2018.) 75C-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 TITLE: PUBLIC HEARING ON ISSUANCE OF TAX EXEMPT BONDS FOR THE BENEFIT OF THE CHRISTIAN AND MISSIONARY ALLIANCE, AND RESOLUTION APPROVING THE ISSUANCE OF BONDS (STRATEGIC PLAN NO. 5,3) Cl*MANAGER APPLICANT REQUESTED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Conduct a Tax Equity and Financial Responsibility Act (TEFRA) Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority (the "Authority') on behalf of Town and Country Manor of the Christian and Missionary Alliance (the "Borrower'), for the benefit of Town and Country Manor (the "Project") for the acquisition, construction, improvement and equipping of certain retirement, nursing, assisted living and parking facilities of the continuing care retirement community owned and operated by the Borrower, located at 555 East Memory Lane, Santa Ana, California 92706. 2. Adopt a resolution approving the issuance of revenue bonds by the Authority in an amount not to exceed $45,000,000 for the acquisition, construction, improvement and equipping of certain retirement, nursing, assisted living and parking facilities of the continuing care retirement community owned and operated by the Borrower, located at 555 East Memory Lane, Santa Ana, California 92706. Town and Country Manor of the Christian and Missionary Alliance, a nonprofit public benefit corporation organized and existing under the laws of the State of California and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the "Borrower"), has requested that the California Municipal Finance Authority (the "CMFA") issue and sell revenue bonds in an aggregate principal amount not to exceed $45,000,000 (the "Bonds") for the purpose of making a loan to the Borrower to enable the Borrower to finance and refinance the acquisition, construction, improvement and equipping of certain retirement, nursing, assisted living and parking facilities of the continuing care retirement community owned and operated by the Borrower, located at 555 East Memory Lane, Santa Ana, California 92706. 7513-1 TEFRA Hearing —Town and Country Manor September 4, 2018 Page 2 Specifically, Town and Country Manor is proposing to construct a two-story, 48 -bed assisted living/memory care facility on their existing campus. This project will replace an eight -story, 156 - unit active senior apartment building that was entitled in 2014 but is no longer being pursued by the owner. The project is currently in development review and is almost ready to complete the review process. As the project is a permitted use within the zoning district, no discretionary approval by the City is needed. However, in order for all or a portion of the Bonds to qualify as tax-exempt bonds, a governmental unit having jurisdiction over the area in which the Project is located must conduct a public hearing (the "TEFRA Hearing") providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the refinancing of the Project. Following the close of the TEFRA Hearing, an "applicable elected representative" of the govemmental unit hosting the Project, in this case the City, must provide its approval of the issuance of the Bonds by the Authority for the financing of the Project. The bonds to be issued by the CMFA are the sole responsibility of the borrower. The City has no financial or legal liability for the project or repayment of the bonds and does not constitute any type of indebtedness for the City. In addition, this TEFRA Hearing and the adoption of the Resolution shall not obligate the City or any department thereof to: (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. In general, this action by the City of Santa Ana will not obligate the City or any department thereof to undertake any discretionary action related to the development of the project. The Housing Element of the City's General Plan contains various goals and policies which are intended to provide a diversity of quality housing, affordability levels and living experiences that accommodate Santa Ana's residents to foster an inclusive community. Additionally, the General Plan encourages development of affordable rental and ownership housing for seniors, people with disabilities, families with children, and people needing emergency, transitional or supportive housing options. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 5 - Community Health, Livability, Engagement & Sustainability, Objective # 3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT The Board of Directors of the California Foundation for Stronger Communities, a California non- profit public benefit corporation (the "Foundation"), acts as the Board of Directors for the California Municipal Finance Authority (CMFA). Through its conduit issuance activities, the CMFA shares a 75D-2 TEFRA Hearing — Town and Country Manor September 4, 2018 Page 3 portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Santa Ana, it is expected that 25 percent of the issuance fee will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City. The CMFA does not receive issuance fees until a bond issuance closes. The fees the CMFA receives are based upon the par amount of the bonds issued. The Borrower ultimately decides when and if the bonds are actually issued and the final amount of bonds issued. The amount granted to the City is to be determined but will not exceed $12,500 under the assumption the entire $45,000,000 in bonds are issued. Upon receipt, the funds will be deposited to the Miscellaneous Revenues, Miscellaneous Recoveries Revenue Account (no. 01102002-57010). Steven A. Mendoza oz Executive Director Community Development Agency Exhibits: 1. Resolution 2. Notice to Applicant APPROVED AS TO FUNDS AND ACCOUNTS: Sergio Vidal s,¢, Acting Executive Director Finance and Management Services Agency 75D-3 75D-4 EXHIBIT 1 RESOLUTION NO. 20184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE PURPOSE OF FINANCING AND REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF CERTAIN FACILITIES OF A CONTINUING CARE RETIREMENT COMMUNITY OWNED AND OPERATED BY TOWN AND COUNTRY MANOR OF THE CHRISTIAN AND MISSIONARY ALLIANCE LOCATED AT 555 EAST MEMORY LANE, SANTA ANA, AND CERTAIN OTHER MATTERS PERTAINING THERETO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act"), certain public agencies (the "Members") have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority dated as of January 1, 2004 (the "Agreement") in order to form the California Municipal Finance Authority (the "CMFA:'), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness. B. The City of Santa Ana, California (the "Citta') is a Member of the CMFA. C. Town and Country Manor of The Christian and Missionary Alliance, a nonprofit public benefit corporation organized and existing under the laws of the State of California and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the "Borrower"), has requested that the CMFA issue and sell revenue bonds in an aggregate principal amount not to exceed $45,000,000 (the "Bonds") for the purpose of making a loan to the Borrower to enable the Borrower to finance and refinance the acquisition, construction, improvement and equipping of certain retirement, nursing, assisted living and parking facilities of the continuing care retirement community owned and operated by the Borrower, located at 555 East Memory Lane, Santa Ana, California 92706 (the "Project"). D. In order for the interest on the Bonds to be tax-exempt, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), requires that an "applicable elected representative" of the governmental unit, the geographic jurisdiction of which contains the site of facilities to be financed and refinanced with the proceeds of the Bonds, hold a public hearing on the issuance of the Bonds and approve the issuance of the Bonds following such hearing. E. The CMFA has determined that the City Council can be the "applicable elected representatives" for purposes of holding such public hearing. Resolution No. 2018-[_1 Page 1 of 3 75D-5 EXHIBIT 1 F. The CMFA has requested that the City Council approve the issuance of the Bonds by the CMFA in order to satisfy the public approval requirement of Section 147(f) of the Code, and the requirements of Section 4 of the Agreement. G. Notice of such public hearing has been duly given as required by the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing or refinancing of the Project and the CMFA's issuance of the Bonds therefor. H. It is in the public interest and there are significant public benefits from the issuance of the Bonds for the financing and refinancing of the Project. Section 2. The City Council hereby approves the issuance of the Bonds by the CMFA and finds the Project will create the significant public benefits set forth in foregoing recitals. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds (a) by an "applicable elected representative" of the governmental unit having jurisdiction over the area in which the Project is located in accordance with Section 147(f) of the Code; and (b) by the City Council in accordance with Section 4 of the Agreement. Section 3. The issuance of the Bonds shall be subject to approval by the CMFA of all financing documents relating thereto to which the CMFA is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, improvement and equipping or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the CMFA; or (iv) take any further action with respect to the CMFA or its membership therein. Section 5. The executing officer(s), the Clerk of the Council and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary to effect the purposes of this Resolution and the transactions herein authorized. Section 6. The Clerk shall forward a certified copy of this Resolution to the CMFA in care of its counsel: Ronald E. Lee, Esq. Jones Hall, a Professional Law Corporation 475 Sansome Street, Suite 1700 San Francisco, CA 94111 Section 7. This resolution shall take effect immediately upon its passage. Resolution No. 2018-[ Page 2 of 3 75D-6 EXHIBIT 1 ADOPTED this [_] day of [ ], 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Ry O. Wdge Assistant City Attorney YES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2018-[I to be the original resolution adopted by the City Council of the City of Santa Ana on [ 1, 2018. Date: [ j, 2018 4150-8103-7589.5 Clerk of Council City of Santa Ana 75D-7 Resolution No. 2018-[ Page 3 of 3 75D-8 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinajero Juan Villegas August 8, 2018 CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.ora Dirk DeWolfe, Executive Director Town and Country Manor 555 East Memory Lane Santa Ana, CA 92706 Subject: Notice to Applicant Regarding Request for TEFRA Hearing Dear Mr. DeWolfe, CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar SENT VL4 E-MAIL This is in response to your request for the City of Santa Ana to conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority on behalf of Town and Country Manor of the Christian and Missionary Alliance, for the benefit of Town and Country Manor for the acquisition, construction, improvement and equipping of certain retirement, nursing, assisted living and parking facilities of the continuing care retirement community located at 555 East Memory Lane, Santa Ana, California 92706. The TEFRA Hearing has been placed on our City Council agenda for September 4, 2018 per your request. This TEFRA Hearing is not being considered by City Council as a recommended action per our staff. Instead this item is being considered as an applicant requested action. In addition, this TEFRA Hearing and the adoption of the Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. In general, this action by the City of Santa Ana will not obligate the City or any department thereof to undertake any discretionary action related to the development of your project. If you have any questions regarding this notice, I may be reached by telephone at (714) 667-2241 or by e- mail at ibrown(a)santa-ana.or¢. Sincerely, Judson Brown Housing Division Manager SANTA ANA CITY COUNCIL Mguel a Pulido Michele Martinez Vicente Sameento Jose Solaria P. David eenavides Juan Villages Sal Tinajero Mayor Mayor Pro Tem, Ward 2 Ward 7 Wald 3 Ward 4 Ward 5 Ward 6 moulido(alsanla-anacra nhaarlinezidsanta-ana.ora vsarmlento(alsanta-anaom olorlobanao dhenavldesAsantaana.ora villeaa 0sanla-ana.om sfinalemAsanla-ma.am 75D-10 REQUEST FOR COUNCIL / SUCCESSOR AGENCY ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2018 TITLE: ADOPT RESOLUTION APPROVING AN AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JANUARY 1, 2019 THROUGH JUNE 30, 2019 AND APPROVE APPROPRIATION ADJUSTMENT (NON -GENERAL FUND) (STRATEGIC PLAN NO. 4, 1) RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing $250,000 in the Housing Successor Agency Fund prior year carry forward account (no. 60718002-50001) and appropriating same to the expenditure account (no. 60718830-66220). SUCCESSOR AGENCY ACTION Adopt a resolution approving the Amended Recognized Obligation Payment Schedule for the period of January 1, 2019 through June 30, 2019 pursuant to Part 1.85 of Division 24 of the California Health & Safety Code. DISCUSSION Pursuant to Part 1.85 of Division 24 of the California Health & Safety Code ("Dissolution Act"), the City Council on January 9, 2012, elected for the City to act as the "Successor Agency' to the dissolved Community Redevelopment Agency ("Agency'). On February 1, 2012, in accordance with the Dissolution Act and the California Supreme Court's decision in California Redevelopment Association v. Matosantos, Case No. S194861, the Agency was dissolved and the City began to serve as the "Successor Agency." The City Council serves as the governing body of the Successor Agency under the Dissolution Act as amended by AB 1484, AB 471, and SB 107, to administer the enforceable obligations of the Agency and otherwise unwind the Agency's affairs. 80A-1 Resolution and Appropriation Adjustment — Amended ROPS 18-19B September 4, 2018 Page 2 The annual Recognized Obligation Payment Schedule ("ROPS") for the July 1, 2018 — June 30, 2019 period (18-19) was submitted to the California State Department of Finance ("DOF") by the statutory deadline of February 1, 2018, with the required approval of the local Oversight Board. DOF issued its final determination letter regarding ROPS 18-19 on May 17, 2018 and the County Auditor -Controller distributed funds for the "A" period (July 1, 2018 — December 31, 2018) from the Redevelopment Property Tax Trust Fund ("RPTTF") on May 29, 2018. During the preparation and submission of the ROPS 18-19, it was anticipated that an outstanding obligation pursuant to a disposition and development agreement with an affordable housing developer would be completed by the end of the 17-18 period (June 30, 2018). Therefore, line item 70 of the ROPS regarding this obligation was "retired" for the ROPS 18-19 period. Due to various delays, the outstanding obligation was not completed nor paid by the June 30th date and the obligation remains unpaid. The developer is expected to complete the final steps necessary to qualify for the total $250,000 fee during the "A" period of the BOPS. This fee is the $50,000 developer fee per affordable unit for the last five units of the development project. DOF has issued an amended ROPS 18-19B template for successor agencies if amendments are necessary for payment of approved enforceable obligations during the second half of the ROPS period, pursuant to Health and Safety Code section 34177 (o)(1)(E). DOF has reactivated line item 70 on the ROPS per staffs request and directed Successor Agency staff to amend it to enable the payment of the obligation during the "B" period (January 1, 2019 to June 30, 2019). The developer has agreed to receive payment during the month of January 2019. The new Orange Countywide Oversight Board (OCOB) was established effective July 1, 2018 per SB 107, upon dissolution of each successor agency's local oversight board. The Successor Agency's resolution, along with the amended ROPS 18-19B, will be submitted for OCOB approval at its next regular meeting scheduled for September 18, 2018. Following action by the OCOB, the ROPS will be submitted to DOF, County Auditor -Controller, and the State Controller's Office as required by the Dissolution Act by the October 1, 2018 deadline. The ROPS will also be posted on the Successor Agency's website. The appropriation adjustment is necessary to carry over the funds from prior year for this obligation as the expenditure was budgeted in FY 17/18. DOF's guidance specifies that their determination will be issued at least 15 days before the date of the property tax distribution, which will be mid-December. In anticipation of DOF's approval, staff requests approval of the appropriation adjustment by City Council to expedite the payment in early January 2019. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #4 - City Financial Stability, Objective #1 (Maintain a stable, efficient and transparent financial environment). 80A-2 Resolution and Appropriation Adjustment — Amended ROPS 18-19B September 4, 2018 Page 3 FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be carried over from prior year in the amount of $250,000 and will be available in the Housing Successor Agency, Improvements Other Than Building account no. (60718830-66220) for expenditure during FY 18/19. The actual payment will be pending DOF's final approval of the amended ROPS 18-19B. Aum G Steven A. Mendoza a� Executive Director Community Development Agency SM/sg AS TO FUNDS AND ACCOUNTS: Assistant Director Finance and Management Services Agency Exhibit: 1. Resolution with Amended ROPS 18-19B • I . EXHIBIT 1 SUCCESSOR AGENCY RESOLUTION NO. 2018- A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING AN AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE 18-19B FOR THE PERIOD OF JANUARY 1, 2019 TO JUNE 30, 2019 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(o)(1)(E), AND PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE ("DISSOLUTION ACT") BE IT RESOLVED BY THE MEMBERS OF THE SUCCESSOR AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The City Council of Santa Ana, acting as Successor Agency, conclusively finds, determines and declares as follows: A. On January 9, 2012, pursuant to section 34173 of the California Health & Safety Code, the City of Santa Ana ("City") elected to serve as the Successor Agency for the dissolved Community Redevelopment Agency ("Agency') of the City of Santa Ana and selected the Housing Authority of the City of Santa Ana to act as "Successor Housing Agency." B. The City Council selves as the governing body of the Successor Agency under the Dissolution Act, as amended by AB 1484, AB 471, and SB 107, to administer the enforceable obligations of the Agency and otherwise unwind the Agency's affairs. C. SB 107 revised the timeline for the preparation of the required Recognized Obligation Payment Schedule (ROPS) from each six-month period to a one-year period beginning July 1, 2016. D. The Successor Agency received and filed the ROPS for the 18-19 period, upon review and approval by the Oversight Board on January 29, 2018 and submitted it to the Department of Finance (DOF) and other required entities by the February 1, 2018 deadline. DOF issued its preliminary decision letter regarding ROPS 18-19 on April 13, 2018, and then subsequently issued its final determination letter on May 17, 2018 after a Meet and Confer session requested by Santa Ana. E. Section 34177(o)(1)(E) authorizes that "[o]nce per period, and no later than October 1, a successor agency may submit one amendment to the [ROPS] approved by the department pursuant to this subdivision, if the oversight board makes a finding that a revision is necessary for the payment of approved enforceable obligations during the second one-half of the [ROPS] period, which shall be defined as January 1 to June 30, inclusive. A successor agency may only amend the amount requested for payment of approved enforceable obligations. The revised [ROPS] shall be approved by the oversight board and submitted to the department by electronic means in a manner of the department's choosing. The department shall notify the successor agency and the county Resoldon No. 2018- Pagel of 3 80A-5 auditor -controller as to the outcome of the department's review at least 15 days before the date of the property tax distribution." F. During the preparation and submission of the ROPS 18-19, it was anticipated that an outstanding obligation pursuant to a disposition and development agreement with an affordable housing developer would be completed by the end of the ROPS 17-18 period (June 30, 2018), and hence, line item 70 regarding this obligation was "retired" for the ROPS 18-19 period. Due to various delays, the outstanding obligation was not completed nor paid by the June 30, 2018 date and the obligation remains unpaid. G. DOF added line item 70 back into the Amended ROPS 18-19B template for Santa Ana to amend the ROPS for the January 1, 2019 through June 30, 2019 "B" fiscal period to enable the Successor Agency to fulfill its payment obligation in the amount of $250,000. H. Successor Agency staff has prepared the Amended ROPS 18-19B with modifications to the "B" fiscal period of January 1, 2019 to June 30, 2019 as to line item 70. Section 2. The Successor Agency approves the Amended Recognized Obligation Payment Schedule 18-19B, attached hereto as Exhibit A and incorporated herein by this reference, determines that the amendment is necessary to pay an enforceable obligation in the ROPS 18-19B period, and authorizes the submission to the County of Orange and Orange Countywide Oversight Board for review and approval. Section 3. Pursuaritto the Dissolution Act, the Successor Agency fu rthe r authorizes the transmittal of the Amended ROPS 18-19B, upon subsequent Orange Countywide Oversight Board approval, to DOF with copies to the County Administrative Officer, the County Auditor - Controller, and the State Controller's Office. Section 4. The City Manager, or his/her designee ("City Manager"), is directed to post on the City's website the Amended ROPS 18-19B in the manner required by law. Section 5. The City Manager and/or the Executive Director of Community Development, or their respective designees, as delegated officials of the City acting as Successor Agency, are authorized to make or accept any augmentation, modification, additions, or revisions to the ROPS as may be necessary and appropriate in their reasonable discretion, based on review or communications from the Orange Countywide Oversight Board, the State Department of Finance or County of Orange. Section 6. This Resolution shall take effect immediately upon its adoption by the Successor Agency, and the Clerk of the Council shall attest to and certify the vote adopting of this Resolution. Resolution No. 2018 - Page 2 of 3 • RM ADOPTED this day of APPROVED AS TO FORM: Sonia R. CAvalho, City Attorney By: ' Q Ryan AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 2018. Miguel A. Pulido Mayor CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018- to be the original resolution adopted by the City Council acting as the Successor Agency on September_, 2018. Date: Maria D. Huizar, Clerk of the Council 80A-7 Resolutlon No. 2018 - Page 3 7f-3- 12 d R In W n M W N r N O n R R M 0 r r W �almlR N E m z N EXHIBIT A c = + Q LL y = C o i x m 0 O m a ! c a. a LL ac dW O O O i d m 2 C p i LL c O d IL 1 m K O Q-' Q ` I U m U 0 W LL (7 2 80A-8 N E m z N EXHIBIT A OR Foorlymul