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HomeMy WebLinkAbout FULL PACKET_2009-12-07 MINUTES OF THE CLOSED AND REGULAR MEETINGS OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 16, 2009 CLOSED SESSION MEETING CALLED TO ORDER POLICE CHIEF'S CONFERENCE ROOM 60 CIVIC CENTER PLAZA, 4T" FLOOR 5:49 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (5:53 P.M.) ABSENT: CARLOS BUSTAMANTE STAFF Present: DAVID N. REAM, City Manager BENJAMIN KAUFMAN, Chief Assistant City Attorney MARIA D. HUIZAR, Clerk of the Council PUBL{C COMMENTS -None CLOSED SESSION ITEM 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organization: Santa Ana Service Employees International Union (SEIU), Santa Ana Police Officers Association, Santa Ana Firemen's Benevolent Association, Santa Ana Management Association (SAMA) ADJOURNED - 6:17 P.M. CITY COUNCIL MINUTES 278 NOVEMBER 16, 2009 10A-1 REGULAR CITY COUNCIL MEETING CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA 6:25 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO (6:30 P.M.) SAL TINAJERO (6:30 P.M.) ABSENT: CARLOS BUSTAMANTE STAFF Present: DAVID N. REAM, City Manager BENJAMIN KAUFMAN, Chief Assistant City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE Mayor Pulido CLOSED SESSION REPORT None PUBLIC COMMENTS None CONSENT CALENDAR MOTION: Approve staff recommendations on Consent Calendar Items 10A through 31A with the following modifications: • Councilmember Benavides abstained on Item 13B due to lack of background information on item; and • Mayor Pulido subsequent to approval of all Consent Calendar Item called for a re-vote on Item 20A and 25A -Item 20A required five affirmative votes, and Item 25A was presented with an amended motion. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Martinez, Pulido (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante, Sarmiento, Tinajero (3) CITY COUNCIL MINUTES NOVEMBER 16, 2009 10A-2 Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent Motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE CLOSED SESSION AND REGULAR MEETING OF NOVEMBER 2, 2009 -Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES/SECOND READING 11A ORDINANCE -ZONING ORDINANCE AMENDMENT NO. 2009-05 TO AMEND ALLOWED USES WITHIN THE BROADWAY CORRIDOR DISTRICT OF THE MIDTOWN SPECIFIC PLAN (SP-3) -Planning and Building Agency Placed on first reading at the November 2, 2009 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on November 6, 2009. MOTION; Place ordinance on second reading and adopt. ORDINANCE NO. NS-2797 - An ordinance of the City Council of the City of Santa Ana amending the Midtown Specific Plan to amend the allowed uses in the Broadway Corridor District 11 B ORDINANCE -ZONING ORDINANCE AMENDMENT NO. 2009-06 TO EXPAND EXISTING STANDARDS FOR GRAFFITI ABATEMENT AND TO AMEND THE CITYWIDE DESIGN GUIDELINES -Planning and Building Agency Placed on first reading at the November 2, 2009 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on November 6, 2009. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2798 - An ordinance of the City Council of the City of Santa Ana amending the Santa Ana Municipal Code to the update the City's regulation of graffiti CITY COUNCIL MINUTES 280 NOVEMBER 16, 2009 10A-3 11 C ORDINANCE -AMENDMENT APPLICATION NO. 2009-02 TO ALLOW A MIXED USE OFFICE AND THREE-UNIT RESIDENTIAL PROJECT WITH SURFACE PARKING LOT - 1331 WEST FIRST STREET -Planning and Building Agency Placed on first reading at the November 2, 2009 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on November 6, 2009. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2799 - An ordinance of the City Council of the City of Santa Ana Rezoning the property located at 107 North Hesperian Street from Two-Family Residence (R2) to Two-Family Residence with "B" suffix (RB-B) (AA No. 2009-02) BOARDS AND COMMISSIONS 13A BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT - APRIL 2009 THROUGH SEPTEMBER 2009 -Clerk of the Council Office MOTION: Receive and file Boards and Commission Biannual Attendance Report for the period of April 2009 through September 2009. 13B APPOINTMENTS MOTION: Appoint Councilmember Vincent Sarmiento as the City's representative and Councilmember Carlos Bustamante as Alternate to the Transportation Corridor Agency Board effective December 31, 2009. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Martinez, Sarmiento, Tinajero, Pulido (5) NOES: None (0) ABSTAIN: Benavides (1)* ABSENT: Bustamante (1) "Councilmember Benavides abstained on Item 13B due to lack of background information on agenda item. CITY COUNCIL MINUTES 281 NOVEMBER 16, 2009 10A-4 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT -None 19B EXCUSED ABSENCES MOTION: Excuse the absence of Councilmember Bustamante from the November 16, 2009 City Council meeting. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT FOR WORKFORCE INVESTMENT ACT CALIFORNIA NEW START GRANT -Community Development Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-044 -Recognizing $62,742 in Workforce Investment Act funds awarded to the Santa Ana WORK Center by the State of California Employment Department fora Prison-to- Employment Program. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Pulido (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante, Tinajero (2) PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD FOR LOCAL STREET SLURRY SEAL (PROJECT N0.106703) -Public Works Agency MOTION: CITY COUNCIL MINUTES 282 NOVEMBER 16, 2009 10A-5 1. Award a contract to American Asphalt South, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $130,150 for construction of slurry sealing of local streets. 2. Approve a Funding Analysis with a total estimated construction cost of $161,900. 23B CONTRACT AWARD FOR MEMORIAL PARK POOL RENOVATION (PROJECT N0.08-6016) -Public Works Agency MOTION: 1. Award a contract to South Coast Pool Plastering, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add-on alternate B in the estimated amount of $255,152.20 for construction of Memorial Park Pool Renovation. 2. Approve a Funding Analysis with a total estimated construction cost of $318,900. AGREEMENTS 25A AGMT NO. 2009-193 -MAINTENANCE OF THE STADIUM AND CIVIC CENTER -Execute an amendment with Merchants Landscape Services in an amount not to exceed $273,976 for a total agreement amount of $858,239 -Parks, Recreation & Community Services Agency MOTION; Authorize the City Manager and Clerk of the Council to execute an agreement, subject to non-substantive changes approved by the City Manager and City Attorney; amend the contract to add one (1) service inspector category 1 position; and have staff bring back to Council for consideration (the contracting of) all 12 parks concurrent with adding an administrator position and another inspector position (in Parks, Recreation & Community Services Agency). MOTION: Pulido SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) CITY COUNCIL MINUTES 283 NOVEMBER 16, 2009 10A-6 CONDITIONAL USE PERMIT /VARIANCES 31A VARIANCE NOS. 2009-03, 2009-05, 2009-06, 2009-07 AND 2009-09 AND CONDITIONAL USE PERMIT NO. 2009-15 TO ALLOW A CHECK CASHING BUSINESS - 1647 EAST FIRST STREET, SUITE A -Planning and Building Agency Recommended action approved by the Planning Commission on October 12, 2009, by a vote of 5-0 (Yrarrazaval absent). Applicant: Maria Guerrero MOTION: Receive and file the staff report denying Variance Nos. 2009-03, 2009-05, 2009-06, 2009-07, 2009-09 and Conditional Use Permit No. 2009-15. **END OF CONSENT CALENDAR** BUSINESS CALENDAR RESOLUTION 55A PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN FOR MANAGEMENT EMPLOYEES (RISK MANAGER) -Personnel Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2009-059 - A resolution of the City Council of the City of Santa Ana to amend resolution No. 91-066 to adjust the salary for the Middle Management classification of Risk Manager (MM) MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Martinez, Pulido (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante, Sarmiento, Tinajero (3) CITY COUNCIL MINUTES 284 NOVEMBER 16, 2009 10A-7 PUBLIC HEARING 75A APPEAL NO. 2009-05 FOR TENTATIVE PARCEL MAP NO. 2009-01 TO SUBDIVIDE A RESIDENTIAL PROPERTY INTO TWO SEPARATE PARCELS AT 1013 SOUTH ELLIOTT PLACE -Planning and Building Agency Recommended Action approved by the Planning Commission on October 12, 2009 by a 5-0 vote (Yrarrazaval absent) Set for public hearing at the November 2, 2009 City Council Meeting by a vote of 7-0. Legal Notice published in the O.C. Reporter on November 6, 2009, and notices mailed. Applicant: Peter Pham Staff presentation given by Jay Trevino, Executive Director of the Planning and Building Agency. Mayor Pulido opened the Public Hearing and acknowledged one written communication received. Public Speakers Peter Pham, Frank Vo, and Dominique Thieu opposed the denial of the proposed subdivision; Debra Zuver, Kathy Larsen, Lola Warren, Joan Todisco, David Lopez, Patricia Young, Vivian Stowers, and Nancy Martin spoke in support of staff recommendation. The Mayor closed the Hearing. MOTION: Adopt a resolution. RESOLUTION NO. 2009-060 - A resolution of the City Council of the City of Santa Ana denying Tentative Parcel Map No. 2009-01 to subdivide an existing parcel into two parcels in order to construct two new Single Family Residences at 1013 South Elliott Place (Appeal No. 2009-05) MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) CITY COUNCIL MINUTES 285 NOVEMBER 16, 2009 10A-8 WORK STUDY SESSION WSA PRESENTATIONS: BRISTOL STREET WIDENING PROJECT BY PUBLIC WORKS AGENCY, AND CENTRAL CORRIDOR STUDY BY ORANGE COUNTY TRANSPORTATION AUTHORITY Raul Godinez, III, Executive Director of the Public Works Agency, introduced Tammy Warren, Program Manager from the Orange County Transportation Authority (OCTA), who provided the Council with an overview of the Central County Corridor Major Investment Study. Highlights of the presentation include: • Study identifies mobility problems, creates a statement of purpose and need, narrows down alternatives, recommends locally preferred strategy, and sets the stage for funding; • Process and status of the various phases; • Detailed the area of study and the next steps in the estimated timeline through Summer 2010. Staff presentation of the Bristol Street Widening Project by George Alvarez, City Engineer, who highlighted the following: • Project scope includes widening between Warner and Memory Lane o Provide regional traffic relief to the Central Corridor County by widening from two to three lanes in each direction and improving intersections o Improve aesthetics by providing linear parks and landscaped medians throughout the corridor o Convert overhead utilities to underground o Construct storm drain and street lighting improvements o Construct sound walls to reduce noise impacts to adjacent neighborhoods • Chronology of Bristol Street Corridor o Planning began in 1984 o Environmental Impact Statement (EIS) certified in 1990 o Bristol Corridor Specific Plan approved in 1991 o July 2006, executed an agreement with OCTA to fund and secure $225 million • Status of Project Phase Status Phase I -McFadden to Pine Under Construction Phase II -Third to Civic Center Acquiring Right of Way Phase III -Civic Center to 17t" Need to update EIS to seek Federal funding Phase IV - St. Andrews to Warner Need to update EIS to seek Federal funding CITY COUNCIL MINUTES 286 NOVEMBER 16, 2009 10A-9 `prior to Phase I, the City received funding to complete the following segments: ¦ St. Andrews Place to McFadden Avenue ¦ Elm Street to Memory Lane ¦ Pine to Third Street • Current Funding Commitment from OCTA o $125 million to fund with Gas Tax for Phases I and II o $100 million to collaboratively seek additional funding for Phases III and IV (Local Funds, State Grants, or Federal Appropriations) for a total of $225 million • Status of OCTA's Project Funding Phase Limits Cost Received Remaining Millions to Date Millions Millions Phase I McFadden to 60 52 8 Pine Phase II Third Street to 47 11 37 Civic Center Drive Total 107 63 45 • Immediate Fiscal Impact of losing Bristol Project funding o Phase I $10.3 million Contractors profit Payment for material purchased Restore street to a safe condition Maintain vacant lots Restart project at a later date Loss of jobs (200) o Phase II $5.5 million Rescind contract to acquire three properties Legal and consultant costs Maintain vacant lots Restart the project • Council discussion ensued. COMMENTS 90A CITY MANAGER'S COMMENTS -None 90B CITY COUNCILMEMBER COMMENTS Councilmember Benavides • Commented on the recent California Endowment meeting he attended; • Looks forward to creative alternatives for the Station District area project; and • Staff to return to a future Work Study Session with the Youth and Family Master plan for discussion. CITY COUNCIL MINUTES 287 NOVEMBER 16, 2009 10A-10 Councilmember Martinez • Wished all a Happy Thanksgiving; • Recently attended tour of Boyle Heights area including the Pueblo Del Sol project with Station District Master Developer; very pleased with developments and expects Santa Ana project to be as impressive; report to Council is forthcoming. Mayor Pulido • Staff to return to a Work Study Session with proposed bus route changes that will affect community. ADJOURNED 7:55 P.M. -The next regular meeting of the City Council is scheduled for Monday, December 7, 2009 at 5:30 p.m. for the Closed Session Meeting, immediately followed to the Regular Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 288 NOVEMBER 16, 2009 10A-11 10A-12 REQUEST FOR COUNCIL ACTIONS ~g J CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended DESTRUCTION OF ? As Amended 5c OBSOLETE CITY RECORDS ? Ordinance on 1 Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO ~L - FILE NUMBER CITY MANAGER ~ RECOMMENDED ACTION ~I Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C-1 19C-2 ~~?P nn^tR ~ ?U ~ 4'"t E~q ~ .7 mod.' a - MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: November 18, 2009 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2009 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence December 7, 2007 and prior Correspondence/ December 7, Chronological Files 2007 and prior Councilmember Self-explanatory Council Requests Mayor Inquiries processed for Mayor December 7, 2007 and prior Wards 1 through 6 Inquiries processed for Councilmembers December 7. 2007 and prior Correspondence General Correspondence Self-explanatory December 7, 2007 and prior Staff Inquiries processed for Staff December 7. 2007 and prior Monthly Status City Manager Self-explanatory December 7, Reports 2007 and prior Payroll Records Council/Staff Self-explanatory December 7. 2007 and prior December 7, Travel Folders Council/Staff Self-explanatory 2007 and prior APPROVE: CONSENT: l ~C4~rtr.~--- David N. Ream Date Joseph W. Fletcher" ' Date City Manager City Attorney RECORDS DESTROYED: AUDITED BY: Volume Weight Mark Lawrence Date in Cubic Feet in Pounds Assistant to the City Manager 19C-4 MEMORANDUM ~`a-_:- ; _ _ To: Cit Attorne Date: November 2, 2009 From: Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency Subject: REQUEST FOR DESTRUCTION OF RECORDS The Parks, Recreation and Community Services Agency requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. r, " Gerardo Mouet ~ - _ Attachment r c_ 19C-5 PARKS, RECREATION AND COMMUNITY SERVICES AGENCY DESTRUCTION OF RECORDS >RECOI~E3 CATEGORY ~ECOR© SERIES RECORl3 17EaCREPTIi©N RECOR€3 DRTE BUSINESS LICENSE Miscellaneous Receipts Receipts for miscellaneous TAX a ments Jul 2006 and rior Generated payment to City Direct Payment Voucher vendor/creditor; used in lieu of PO June 2007 and prior PURCHASING when item & vendor known DOCUMENTATION Material Release Order for item direct from City June 2005 and prior a roved vendor list. Purchase Orders Forms generated from Purchase June 2004 and prior Re uisitions GENERAL LEDGER Expenditure & Revenue Monthly Expenditure & Revenue May 2007 and prior Re orts Re orts - co ies onl BUDGET Bud et Books Co ies of Bud et Books 2003 and rior Contracts entered into by the City Agency/Dept. Head - relating to goods, services,legal AGREEMENTS approved settlements and program 2005 and prios responsibilities; includes joint powers a reements. LABOR Labor Distribution Reports List labor char es - co ies onl 2006 and prior Report of daily revenues received _ TREASURY Daily Treasurer's Reports with detail payment information & June 2006 and prior related workin a ers PREPARED BY: CONSENT: `7 ~ 1~ ~ Li a olis Date Gerardo Mouet, Execu ~ e Director Date Sr. A counting Assistant Parks, Recreation & C mmunity Services Agency PRCSA -Budget & Accounting Section Records Destroyed: _ APPROVED BY: 32 ~ c f, r ~ a j.l t' Number of Boxes Joseph F tcher Da e City Attorney 19C-6 -~-4•. - _ ~~~Sr ~ i ~ J MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Michael Ernandes, Personnel Operations Manager Personnel Services Department, M24 Date: October 26, 2009 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department requests your consent to destroy city records on the attached list, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. ~ ~ 19C-7 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment EE Separated Oct. FORMS forms** 2004 and prior (OFFICIAL) Flexible Enrollment forms for flexible spending EE Separated Oct. Spending, program** 2004 and prior Section 125 Life Insurance Employee life insurance enrollment forms** EE Separated Oct. 2004 and rior Long-Term Employee Long-Term Disability Insurance EE Separated Oct. Disability enrollment forms** 2004 and prior Insurance Medical Employee medical insurance enrollment EE Separated Oct. Insurance forms** 2004 and prior EQUAL Employment and Personnel and employment records, EE Separated Oct. EMPLOYMENT personnel including application forms*, records 2004 and prior OPPORTUNITY records pertaining to promotions*, layoffs*, COMMISSION terminations*, salaries* and training* (EEOC) Involuntary Personnel records of terminated employee** EE Separated Oct. termination 2004 and prior OFFICIAL Certification/ Request for Certification and/or EE Separated Oct. PERSONNEL Reassignment reassignment forms which document and 2004 and prior FILES Forms authorize hiring, reassignment, or other employee actions.* Certificates of Certificates issued to EE which show EE Separated Oct. _ Training completion date of training class(es)* 2004 and prior Commendation Letters of commendation and/or other EE Separated Oct. Letters congratulatory documents received by and/or 2004 and prior issued to EE.* Disciplinary Memorandums, letters, or other records of EE Separated Oct. Actions proposed and/or implemented disciplinary 2004 and prior action(s).* Doctor's Notes/ Notes/medical release forms, etc., submitted EE Separated Oct. Medical regarding employee's medical condition.** 2004 and prior Releases Drug Screen Pre-placement and drug screening EE Separated Oct. Test authorization and acknowledgement form(s) 2004 and prior and results of drug screening.** 19C-8 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class EE Separated Oct. PERSONNEL Medical Leave title, pay rate, hours worked per pay period; 2004 and prior FILES (FML) additions to or deductions from wages). Dates (or hours) FML designated/ taken; FML notices given to employer by employee; documents from employer describing FML policies; records of premium payments of employee benefits; records of any disputed confidential files: records/documents relating to medical certifications.** Job Application Applications for employment and resumes (if EE Separated Oct. any) for hired employees.* 2004 and prior Medical Leave of Leave of Absence forms used in the EE Separated Oct. Absences** documentation of medical leave (including 2004 and prior pregnancy leave and Family and Medical Leave).** Miscellaneous Documents not specifically mentioned but EE Separated Oct. Documents kept in official personnel file.*** 2004 and prior Notice of Form completed by employee and/or EE Separated Oct. Separation department indicating effective date of 2004 and prior separation, last day on the job, reason for separation, etc.** Oath of Office Form completed and signed by employee EE Separated Oct. affirming allegiance to the Constitution of the 2004 and prior United States and the Constitution of the State of California.* Outside Form submitted by employee for apppval for EE Separated Oct. Employment employee to be engaged in outside 2004 and prior employment.* Performance Employee performance evaluation forms EE Separated Oct. Evaluations completed by supervisory personnel re 2004 and prior employees' accomplishment of their assigned duties and responsibilities, etc.* PERS Forms to enroll employees in the Public EE Separated Oct. Enrollment Employees' Retirement System (PERS)** 2004 and prior Pre-Employment Forms completed by employee and medical EE Separated Oct. Medical clinic to assess physical capability of 2004 and prior employee prior to hiring.*'` Security Check Form completed by Personnel Svcs to EE Separated Oct. Form request Police Dept to conduct security 2004 and prior check on employee prior to hiring.* Special Licenses Special licenses issued to employees from EE Separated Oct. DMV, accredited schools, etc., verifying 2004 and prior employee meets certain job-related requirements.* Tuition Copies of applications for training and EE Separated Oct. Reimbursement educational assistance which show EE 2004 and prior Request request, department head approval, and final disposition of request.* 19C-9 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Union Bank Form signed by employee authorizing leave EE Separated Oct. PERSONNEL Donation Form hours be donated to the Union Business 2004 and prior FILES Leave Bank to be used by union leaders for Union Business.* W-4 form Employee's Withholding Allowance EE Separated Oct. Certificate completed by EE authorizing 2004 and prior employer to withhold Federal income tax from employee's pay and/or for indicating exemption.** Please see attached spreadsheet, dated October 26, 2009, listing personnel files to be purged/digitally imaged. * Will be purged Will be digitally imaged If non-medical records, will be purged; if medical records, will be digitally imaged. PREPARED BY: CONSENT BY: Susa then for Date Kathie Gonzalez Date Michael S. Ernandes, Executive Director Personnel Operations Manager Personnel Services Department RECORDS DESTROYED: APPROVED BY: Number of Boxes '-`Joseph Fletcher Date City Attorney 19C-10 ~ ~ ~ ~ ~ ~ ~ ~ s a ~ a• ~ ~ o- o- ~ s ~ o°JC ~ ~ ~ ~ L ~ L L L L L L L Q~ ~ ~ ~ y., C C C C .F, C C C ~ y., y JO C C ~ C O O O C C C O C C O O O p C C J J J J J J J O .o ~ ~ v~ o 0 0 o o 0 o N E E Z v Q- ao fl- Z Z Z fl- o- Q- Z ~ o- Z Z Z o fl- ~ N Q Q ~ Q N N N Q Q Q N O_ Q N N N d Q Q u Q ~ Q O Q V u V Q Q Q v Q Q u u v Q Q ~ O C C •y, C C O O O C ti cn v) C O O O N O O cn C cn ~ C v O p C 'd C O O O O O C Z C O -p -p O -p C C C "p C C~ O -p -p O ~ C C O Q1 O a+ C O_ O_ 41 N v N O_ _O _O 41 O_ _O 0J N 4J ~ O_ O ~ f0 f0 (O f0 N f0 a~+ ~p fp a~+ ~ C C ~ C C a-i N C N ~ ~ ~ ~ a-+ ~ Y N c0 ~ f6 N l0 ~ hA C1A •U CA C7A ~ .V (O ~ L L L ~ L f0 (D fL6 L ~ (0 L ~ L L C L (p [0 C ~ O. fl_ N N L N N Q ~ L Q N Q Q Q N Q Q Q Q Q~ Q Q N L1 Q N > Q Q 'N Q~ x ~ Q~ Q) Q~ Q~ X v ~ x ~ Q) Q~ Q~ Q~ Q~ X X x ~ ~ x X Q~ Q) ~ ~ ~ ~ x x ~ ~n w ~ ~ v~ aC ~ w ~ cn w ~ ~n cn cn ~ v~ W w W N CS w W v~ a ~ ~ ~ Z w W ~ C ~ d' d' ~ V ~ ~ V ~ ~ ~t ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ fit' ~ ~ ~t O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 1 ~ ~ ~ ~ ~ ~ ~ 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ M O ~ Q1 00 N 00 O Ol ~ 00 i~ 00 O1 ~ ~--I O1 O M 00 O N ~ N M rl Ct CD N 00 00 00 Lry ~ O c1 i-i N O N O ci O r1 e-1 ri c-i N N '-I e1 N O r-1 M ~ r-I c-I O O N O N N r-I ~-i Q ~ N Ol O'i O~ O 0~0 O\1 O O\1 Q\i O\i O Q\i O O 00 W 0\0 0~0 Q\i O O O 0~1 O\i O\i O\i W 0\0 O ~ O O O O- ~ O O O O O ~-I 0 0 0~ 0~ c-i O O O O O c-i r-I c-I 0 0 0 0 0 0~ 0~ i-1 c-1 cn ~ N LL a a a a LL~~~ a a~ a a a a a~. a a a a a a a~. a a a a~ a a W a a a~ o v V C on ~ _ ~ ~ C L O O O J C LO Y _ ~ C ~ ~ _O V ~ L O N O L ~ O C ~ i-i -O L U i ~ O ~ ~ N U C>+ L N N v N C f0 (0 41 4J v ~ E d N f0 N 3 ~ L L C C `L° ~ ~ C ~ J J - C ~ C N C i-1 O Q v N - -O - _H W '0 41 v+-'i L 41 L L O O O L 41 C U N L d - L ~ E 41 C 'O 41 N C O C1A ~ ~ - 41 ~ ~ > > C O (O ~ C f0 (0 -O C L "O 'LS o o n- v C O C tin Q u ~ v a 'v °O ~ L L L ~ (a o f0 ~v ro v ~ U W C C ro ro E v ao on v L QJ N~ QJ v L ra w~ ~ ro .L ~ C ~ J J Y ~ O U J O O pp v L J J i N ~ ~ 0 ~ ~ ~ ~ w r_a ~ E ~ _N en N Q ~ E E Q a aL ~ ~ ~ a on v ~ L v N L ~ f0 ~ (C fD C C C L (p L fa fp L L L ~ f0 ~ L ~ lp f0 N D ~ O v v V ~ •qC_A v O C h0 O hA N O ~ O L L O O O~ ~ L O O N L L u _ v o o E O E 'c v ao ~ en ~ N un tin , L Q O N O C Q O L ~ L -O L 'O O O O C - v a v~ a Q a~ w v> U~ a~ a a U Q cn vQi cn a s cn cn cn a a a c`n vii u aL a s O U v v ~ v L F- Q1 t.ry d' ~ 01 ~--I Ql M N 00 Ol 00 M O V1 ~ I~ d N L!1 Q1 rl O O ~ Q~ rl r-1 N O l0 u1 ~ I~ lD I~ N N N M O ~ V1 lD lD rl vl M ~ n ~ N ~ n [t N c1' ~ _ Q ~ lD Ql M O i-i N M 00 ~ I~ ~ W Ol M Ol Ol d' N ci' lD to M Ol ~ ~ Ql ~ N ~--I r-1 Ql Ol N N O ~ O O O O lD c-1 0 0 0 0 0 0 Ol 0 0 0 0 0 0 0 0 0 0 0 0 lD O O O O O r~-I O O w Z ~-i rl r-I O r-I ~-1 rl ei O c-i r-I O r-1 r-1 c-1 f--I O c-1 e-1 e-i r-I M ~-1 r-I ~-i r-I O ~ N O ~ O M N lD ~ N ~ L O ~ V ~ O O V O ~ ~ m c m ~ Q ~ _ ro c ~ -o •c .v ~ C c O L _N L ~ (d N ~ ~ C Q1 - ~ v ~ ~ T 'L ~ ~ N z V L v N C ~ (d L ~ ~ 4J C N C ~ ~ y>j ~ L V ~ ~ V ~ C ~ 'O _O O E ~ ~ ra Q .L ro J ~ N ~ L ~ W C7 O m U' O v N ~ C CO Y O V o w s m ~ O O U N ~ L O O p t 4J ~ f0 ~ N C ~ ~ (6 ~ L U C f0` Q N N N N L V > W N d ~ L - ~ d Q (0 ~ Y 4J ~ N ~ O 4J ~ 4J 4J N f~D (~O LJ ~ - J vi ~ - N O (O CO ~ ~ f6 "a N ~ ~ ~ 7 O ~ C C ~ ~ ~ ~ N L f0 N N N ~ ~ N ~ ..Q N ~ ~ ~ ~ C O ~ ~ > v 7 7 ro ro L O O O • N ~ fl- ~ CA ra ro O O O 7 ~ ~ r9 O ~ a1 lJ ~ Q C~ Q I"- Z Q Q CO CO CO U U U U U U O W W W W W U Vr C,7 V' C„) ~ (7 2 = S ~ J J Jp G 19C-11 ~ -o -o v v -a -p ~ ~ C a' Q' O" 6 O" ~ ~ ~ C ~ ~ ~ ~ L L L L L L. N N O a~+ O r.+ O C ~ C +..I C C C C N O C C O C c c ~ J~ O c O O O O o v v~ E E E E v O~ o~~~ 0 0 0 0~ v z c ~ a a s a s z= z v v o- z z Z Z v ~ L a a v a a a ~t v a v > v Q Q Q~ Q Q Q M T v~~ v~ C N ~ C ~ ~ C O ~ O O O i.,.~ ~ N ~ N .Y O ~ C N N ~ ~ N N i=~ ~ O -p -p O C O C p C C C am- O~ -p 01 N p O O 41 41 'a:+ 'O O 'a-+ O O O O ~ 'r=+ N r6 d1 CC ~ '6 ~ O O 'p "O N ~ O O O N N 'a=~ 4J N ~ O ~ ~ (~6 f6 N c0 ri vii ~ ~ ~ Q1 4J tB (0 r0 t0 f0 t0 O ~ L L ~ ~ f0 C (9 ~ f6 (d f6 ~ ~ s.. L _U u ~ ~ ~ ~ ~ ~ ~ ~ ~ V ~ C cn ~ (p f0 bA dD t- CA ~ L L ~ Clp ~ ~ ~p i- qA C1A ~ ~p G.0 OA ~p rp Q q0 ~ a a 'a 'a o .Q 'a 'a. ~ a a ~ L 'Q a a a a L v v v a~ v v x v 3 x L x x x v~ v a~ ~ v v~ x v v v v v v a v v~ v ~ ~ N N ~ ~ W ~ C~ W d W W W ~ - ~ N- N N N W OC ~ N N ~ CC N N N- ~ O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 l0 O 41 ~ e-i lfl N n M N 00 O 00 O I~ ~ N N N r-1 r-1 d' M Q1 N CO r-1 1~ Q1 Q1 N O N fL6 rl N O N r-1 O N r-I O O i-1 ri r-I ~-i O r-1 r-1 c-i N M M rl e--I N r-I '-I O r-I N N r-I M N ~ v Q~ 00 00 Q1 00 O\l O Q\i Q\l 0~0 O Q~ O 00 Q\1 Q\i O\1 O\1 0~0 0~0 O O\1 W Q\l O Ql O O\i O O O O\i ~ O- ~ 0 0 0 0 0 0 0 0 0 c-I O `-I 0 0 0 0 0 0 0 i-i 0 0 0 ~-i O H O e-i .--I 0 0 to ~ F- F- fU- IU- H H I- ~ H H I- H I- 1- F- H F- F- f- I- H F- f- f- 1- f- f- I- I- 1- H F- F- F- f- H ~ a a a a a o. a a a W a W a a a a~ W a W a W W a W W a a a a a a W W W w _ > N ~ L T C O L ~ d U ~ J ~ L C E ~ 'O ~ L 'D U O 4J U O L N in C _ _ _ 4J C U ~ 41 - (O Vl VI N Q c "6 L C E D E L O J 'O N 'p ~ O a'' N •p N •c CO v v Q v 'D cLa ~ ~ U ~ Q ~ Q~ v ~ ~ Q L U C v > 41 -O ~ 41 0 'O cv c ~ ~ L C U - ro .u p ~ ,y U ~ O p U Q ~ Q L V ~ ~ ~ u L N ~ ~ U - ~ Y ~ ~ Ql - L 'O f0 C J U L > L N tlA O +..I O ~ i O U O C1p F-. L ti O N L ` ~ UJ Q ~ d. L ~ N ~ O ~ ~ C af0- ~ 41 N ~ C t9 ~ L 4J 'C f6 C N U N _N C ~ ~ ~ aJ W a,+ W d p Q C vC O > N Q O ~ 'L N U Q ~ ~ ~ O CUD dA ~ V 'v ~ LM 'v O C U ~ fl- U C V ~ V N U C L C Q- ~ -O C~ W Y co ~ N ~ ra O O p v N O v C (q N L O d O L - O CA ~ L Q N v O -O -O L L O O a L L Q N L ~ ~ L x C N 4J O ~ O C O~ L L L L U 2 U Q~ d d 2~ N ii d N N~ ii ~ w ii ~ w Q U ~ d O I- w U ~ N ii ii N V 4J N ~ 4J L 41 N n N ~ l0 N I~ N N M N lf) e-i M M I~ ri r-1 ~ O ~ ~--I N O N lD lD O rl ri 00 N d' Ql ~ ~--I 00 M M N M O lD N ~ O rl lD M Ol Ql I~ N r-I N Q ~ N M M N Dl I~ 00 07 Ql I~ ~ DD '-i lD N ~--i Ql ~ 00 d' 00 ~ 00 r-1 lD l0 ~ ~ c-i I~ ~ W i--I p M M M i--I N N O M M M M N M I~ Q1 41 N 00 r-1 O N M M Ct N d' N N r1' N lfl W N O 00 O O i-i O C71 0 0 0 0 0 0 0 0 Ql O O O O M~ O O O O O O N O O Ql N Ql ~ ~ w Z O ~ ~ O ~ O ~ ~ N .-i ~ ~ ~ .-i ~ i--I r-I I~ ri O O rl ~ ~ ~ c-1 r-I O ~ I~ n O O O ~ N O ~ o M N ~ v O N .a L O L ~ ~ u O ~ O O ~ L N N ~ L ~ ~ U 7 7 N L ~ N~ N - m ~ L -C N aJ 'L ~ O C O O ~ O ra i C c ~ ~v cc ~ t t ~ nA v = L c ~ cc" ~ Q 'c ro L7 Q ~ ~ v L E 41 L N J G ~ O~ U ~ Q Y L LO ~ •U ~ .L L U G 'c0 C C ~ ~ V ~ O Q O~ ~ a O m 0 rLo vi T ~ C ~ U 2 ~ ~ ~ aj ~ LO Q m ~ O , p ni ~ ~ ~ Y U N N C <D L Y ~ 4! 41 N N N N N N N N O1 f0 f0 ~ tlA O a1 ~ p ~ _ N O] ~ L 'D a' L C C C ~ ~ ~ ~ f0 N 4J N 4J N OA ~ ~ N L L 4J ~ C C ~ L O1 - +J O ro ~ a, v o 0 0 0 0 ~ ~ ~ v v v v a`, a, ~ ~ ~ °J ? ? o o ~ rho ~ r~ v ~ E E Q f- z~~~~~~~~ z Z z a a a a a a a~~~~~~~~ N N N N N N N 19C-12 ~ ~ ~ o- ~ ~ L L Q~ N C C N d-+ C O O C C J J CC N ~ C ~ O O C ~ a.+ C a Z Z v a a y Q v u ~ a Q ~ O C N N 'y., O C O C C C C O 'p -p N C O C O O O v C ~ ~ ~ v ~ co ra rp ~ ~ C L L V ~ C ~ C C C V ~ L ~ a~ r0 (O L UA L t1A Cp hA ~ Q ~ Q Q L L2. N Q vi vi N L O1 X aJ ~ N N Q1 X 4J X N N N v CC W C U In t/i In W K W ~ OC ~ (n 0 0 0 0 0 0 0 0 0 0 0 0 0 O \ ~ ~ \ \ \ ~ 'a=+ 00 tf1 ~ ~ Lf1 r-I O I~ O al 00 n N (L6 ~-I ~ N O N M ~--I N ci N O N O ~ 41 O O 00 0\0 W 0~0 O\1 W O\1 O\1 O\1 0~0 00 Q- ~ 0 0 0 0 0 0 0 0 0 0 0 ~ ~ U V ~ a a a a~ a a~ a~ a~~~~ 0 Q ~ L U C O C ,in Vf L ~ N L ~ ~ ~ J ~ fD C aQ.~ Y Q V ~ C .V 7 N LO 41 C Q 'O N L V ~ ~ U ti W N Q 4J C ~ U ~ U~ V ~ ~ f0 ~ 41 ~ C ~p (6 O J C r/- ram., L c~ v C ~v V v O r L a ~ C a) C~ c ~ as v ~ ° p ~ °1 ~ v v O tlA Q- C U u L d ~ L .a ~ ~ ~ ~ ~ N u 4. aA ~ Q C 6 W aJ Q ~ •N ~ d 4- L C 'L L W w ~ (a L ~ = L p vi O 'v~ ro O_ ra •u a U aJ 'C ~ O_ N ~ ~ ~ L C N Q) a) J L ~ L ~ C O ~ ro v ~ ~ V to = J C/i 0 W V1 W V ~ d OC In O u v v ~ al L v o N ~ m r~ o0 00 o ~ ~n ~ t~ ~ o ~ m ~ m M Q. ~ ~ N N n ~ N Ql lD 01 ~ N 01 I~ p M M M M~ N M I~ M 00 O lD tf1 in ~ p O O O O Q1 ~ O O~ O M O O~ ~ 0 w Z '-i ~ ~ O o0 .--i W e-1 O ~ O ~ O o ~ N NO M C L O lD ~ ..C N ~1 L O N v u -O -Q O ~ L o ~ O ~ ° ~ ~ ~ ~ ra V C C O ra ~ J 'O '6 C aJ 4J t6 O C "_O C a L ~ z C ~ V C« LL C L CD ra C ro Y aJ a) ~ O D v ~ "O ra aJ r0 ti aA V O to CO ~ C C C _ aA ra N ~ ra fa - - v 19C-13 < ~ CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES RECRUITMENTS Background Materials used in the preparation/ Oct. 2006 and prior Materials implementation of recruitments.** Bilingual Forms certifying bilingual capabilities#e~ Oct. 2006 and prior Certification for Forms applicants for recruitments which require bilingual capabiliity.* Ethnicity Stubs From employment applications submitted at Oct. 2006 and prior recruitment time, are kept for outreach purposes.* Examination Examination answer sheets completed by Oct. 2006 and prior Answer Sheets applicants during testing process and other testing materials.* Official Eligible Eligible lists signed by City Manager. Lists of Oct. 2006 and prior Lists individuals placed on an eligible list card for hiring purposes (copies only -original signed eligible lists are with recruitment file folder (according to classification title)).** See attached spreadsheet, dated October 26, 2009, with recruitment files to be purged/digitally imaged. * Will be purged Will be digitally imaged PREPARED BY: CONSENT BY: t Susan Wathen for Date Kathie Gonzalez Da~- Michael S. Ernandes Executive Director Personnel Operations Manager Personnel Services Department RECORDS DESTROYED: APPROVED BY: Number of Boxes .loseph Fletcher ~ Date City Attorney i U 19C-14 ~ o o ~ w ~ 0 m o ~ 0 3 _ ~ cfl o ~ co m ~ co cfl co cfl co cfl m co O co co co co cfl ~ ~ ~ co co co cfl c`"v cfl co co m co Q,- o 0 0 0 0 0 0 0 0 0 o z o 0 0 0 0~ 0 0 0 0 o a o 0 0 0 0 W cB O 'O •a ~ M C ~ t0 1~ T O O ~ 07 ~ ~ T Cp r '6 r T 00 00 aJ T N CO ~ ~ N N O N p O N N N N N N Q N N T T M j~ O N N T T C T T U ~ > > ~ ~ U ~ ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~ ~ ~ C ~ ~ ~ ~ ~ N ~ N W O O O O O X 0 0 0 00 O O 00 O Q O 00 O 00 O ~ ' O M 0 0 0 0 0 0 M M M p~ 0~~ 0 Q T T O O O O O z O T O T Q Q Z O O r r Z 0 r- O O O ~ J Q Q Z z z Q Q Z Z Z z CD Cfl CO CO O O O O O (O CO CO CO CO (O c9 CO Cfl CO (O CO CO CO CD (D CO CD CO CO (D CO (O ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ u7 t0 T~~ T M M M O O O (O O N N~ O O N~ N O M O N O O N (O CO o0 D O T N N T O T M N N N T T O N O M T N O T O O N O N T O N N N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U W O O O O M~ M M O M M M M O O~~ ti O~ M~ W ti N~ O~ M~ ti O O O O O O O O O O O O O O O O r O M O r- 0 0 0 0 0 0 0 0 0 0 0 0 ~ CO CO CO CD CO CO CO CO (O (D CO CO C~ Cfl CO CO CO CO cD CO CO CO ~ CO CO CO CO CO CO CO CO CO CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ cQ N~~~ M V• T O CO r- N T T CO e- N 00 ~ t- N M N O N lf) I~ M A N T N~ O ~ N N N O T O M N M N M M N M N T T M T T T N O N T N N r T M O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ p, f~ o0 0o rn M M O ti r~~ ti N O cD I~ O O~ N rn~~~ M O O O r~~ O O O O O O O O O O O O O O O O O O O T O 0 0 0 0 0 0 0 0 0 0 0 0 Q7 C .N J N ~ ~ N 'D C o cv .c L Q O U ~ ~ (6 ~ _ c U c6 m ~ ~ ~ 7 L U d O ~ m ~ (II i - (Q ~ - - (6 O D7 N N m _ C N .C m U ~ •C N C N to cn cQ L O C ~ N O O - ~ ~ +r (6 (6 p~ ~ ~ Q (6 ~ (II f6 f~Q N (Q m ~ p• U U C L ~ (n 7^ 0 7 3 (n (n O L ~ c a~ a~ = Lm a~ ~ o ~ ~ ~ U cA ~ c~a ~ ~ ~ U _c ~ ~ vii (n m ~ c~a o o °c' ~ - ? ~ C~ C7 ~ ~ o a - oL ~ - m m ~ m m a~ m m- m c ~ E~~~ m o c N L L C C C G +J ~ w C m •O ~ "Q O N C L O N O O L N 0 0 0~ (6 fV tU (0 ,N O Q i ~ f6 III m~ (6 0 0 N rn a~ a~ a> Q U ~ c c c c c6 0 N o g U U U c~ c vi vi U p ~ o c c c a~ m a~ a~ m a~ ~ vi Q Q Q W U O ~ C-~~~ c6 ~ QJ N O d C C C C~ p O N p W L L L N L L U O O~ - rn r W W J~ (6 (A 0 0 (Q m fB f6 U O v~ U o U U c.> Y L c~ U ~C L 0 M ca ~ Op ~ •U U ~ ~ ~ ~ ~ ~ N ~ ~ w w w U O (II c~II O w ~ ~ ~ N N ~ w c~~~~' E c~ m~~ a~~ a U O O O E E U O O a C~ m fn ~ w U O O O Q~ L L L L C Z' C ~ ~ N Q~ U U) N L L L L L ~ O ~ O •N ~ N ~ ~ c c a~ a~ a~ a~ 'in cv Y ° ~ U U U U ~ m a~ .o •0 0 0 o Y N ~ U N~ V1 (n L fn O O N C C C C O L L L C~ C C C C C C O ~ U U fn to N to 0 7 U U L 0 0 0 N 0~ fQ (II N 0 0 0 0 'C 7 N fV N O N N~ O ~ O U QQQQQUUwwi.ic7c7C~C~=~a.aadaaa~d~~cncncncn~N 0 0 U O cv O "O N C ~ N O a C L U N~ -Q ~ ti~~~ ti O~ ti O~~~~ M~ O~ O~ O O O ti~ ti (D I~ O O~~ O ~ 0] O O O O O O~ O O~ O O O O O O N O 0 0 0 0 0 0 0 0 0 ~ 0 0~ Q H m Z ti N~ 07 CD T O T O~~~ M O O r N T M M 0 0 00 In 0 0 CO t- T N M O M M M N N T N N N N N I~ ~ T N T~ 07 00 e- T t- r 0p M T T r 19C-15 19C-16 Pu , !M ; MEMORANDUM a~ Joseph W. Fletcher To: City Attorney Date: October 29, 2009 George Alvarez From: Acting Director, PWA Subject: DESTRUCTION OF PWA PROJECT FILES FOR YEAR 2006 The records listed on the attached pages are obsolete according to the City of Santa Ana Retention Schedule adopted July 2006 by the City Council. Please review this report and return a signed and dated copy of the attached pages approving the destruction of these records. Attachment cc: Teri Cable, Administrative and Enterprise Services Manager 19C-17 2006 Destruction of PWA Project Files ~ George Alvarez Date Acting Director Public Works Agency DESTRUCTION OF THESE RECORDS APPROVED BY: Cz~-r~ l u- ~ ~ ~ czc /3~~ Joseph W. Fletch Date City Attorney ~ DESTRUCTION OF THESE RECORDS VERIFIED BY: Teri Cable Date Administrative and Enterprise Services Manager Upon approval 8 "Banker Boxes" will be destroyed. 19C-18 -a c 0 o 0 N C d _N C U Q `A ~ O ~ ~ y ~ o`. d V ~ W~ Q a ~ ~ ~ ~ ~ N N ~ LL a "a m N ~ ¢ ~ a ~y v ~ v V O ~ x Q N ~w 3 ti 0 c r ~ Q d N ~ N ~ d O~0 to W a o 4~3 ~ ' ~ v~v~ T~ ~ ~l +J^ ~ N D o a M ~ ~ v ~N LL w a V i,~, o on a ~ = v m Q d c ~ 'ae c .Z O ~ ~ ~ ~ O CJ 5 ~ ~ w G ~v C 0~ O ~ u 19C-19 O N U C O ~ Q O c~ O _ _n ~ c0 9 N ~ U 0 .r ~ N N W y Ol O O O C Q. ~ U ~ ~ E L ~ o r ~U O 7 N '1~i • } ` (n fn ~ ~l ~ ~ J LL a N N N ~ f9 fl. z E O~ ~ p w o cTa = i= c i= O O W O ~i q LL lL LL LL LL O 0 O • IV nV O O O 0 p O O rO` N N N N N N N N N V r~ ~ ~ z ~ z ~ o O V ~ ~ ~ ~ ~ z O a ~ O O ~ o = ~ ~ ~0.~, O w w~ w m v v, ~ f~~, N U m Z U ~ f O Z c~ '~1 O Lv ~ Fw- w ui F- W ~ it U LL ~ ~ ~ ~ A ~ W _VVUv Z O 1 O W W W ~ Z ~ ~ J 2' ~ W W ~ ~ ~ i, a s o ~ z w w as z a n¢. ~w a w o ~ ~ mc~ n. ~ w wQ w~ w w~ w •+v w v ~ ~W wa ~ ~W `1.i p~ m ~ v~i c~n~ v~i tn~ z •V z ~ ~ Z ~ ~ _ ° ~O z N ~ Z ~ ~ ~ o o ~ ~ z w ~ ~ ~ ~ ~ z ~ z o N ~ ~ r ~ Y > ~ ~ > ~ a a w O v ~ v ~ > ~ m cwn ~ v ~ u. o cn ~ _ o ~ ~ h h ~ ~ ~ 19C-20 a ~ E ~ w w H N C C C p ~ y ° > N C ~ ~ O C ~ CT) N U y~ V C1 ~ U c~ ~ E E o~Z•°i°= Ecc Vj y ~ ~ a ~yma~'~n dT `Iv ~ E~ w cca m v~Q o.a~i'~ o w= d da v N o'u u ~ p ~i ~ O a ~ N N~ N J m c N 0 li 'C W a N~ ac° ~ cF-?-Q o c cd ~ W E ~ c~n u°w m ~ c Q ~ V w Z ~_>~w~ y~co ~j ~ d c ~ o~ oa 2 ~ d~m~-~° o o O W ~ Q~° ~ a ~ d ~ ina~u.w~a c~a a .N "v O ~ C ~ ~ N N N N O U ~ ~ w z v ~ ~ z = ~ w a a o Z ~ m 4 ¢ m F- Z X Z J 1~~ ~ Z ~ Q Q Z ~ Q si ~C W = ~ ~ Q Q LL ~l O ~'V N ~ ~ ~ 0 ~ w w ~ ~ a0 ao r~ ~ w H 0~ V ~ ~ ~ Z Z W ~ V ~ ~ O ~ WC9 w~ W a d w w v? v t~n `j~1 ti ~ ~ ~ ~ V ~ C.) Z ~ W W W W Um UU ~ ~ ~ ~ 'Al ~ ~ N (n h~h~ r'~J '~1' ~ ~ w ~ J J ~ N ~ ~ > U Q W Q Q LL li. Q ~ a ~ ~ Z Z U = lL J N W Z a a o ~ 0 ~ Z ro u' o a 4 19C-21 ,1 C ~ a.+ rte.. N N T~.~- O N O ~ lE O ~ C ~ U C O n in °2a~ ~ ~ _Q LL ~ d ` ` c ` O ~ ~ ~N ~ U d 'ry OO C LL OO ~ Ol U ~ Q N ` l0 rll. C CC IL W '.i ¢ C W a7.~- N ~y N ~ UlL SNtL W '~1 W O qV ~rl N ~ w LL ~ V u. tL U LL - ~ oc ~ °o °o °c °o u~ r^ ~ o N ~ N N N N ~ ~ ~ V X17 ~ Z w w ~ Z ~ W ~ ~ ~ ~ o ~ ~ o ~ ~ ~ W N ~ Z ~ 4~ p o ~ ~ a m a ~ ~ ~ _ ~ ~ r ~ a4 z V ~ z w w z V ~ ~ ~ ~ c~ w U Z y y ~ ~ ~ WC' w W LL ~ w 0~ •N W V a ~ O LL1 W ~ ~ a °o O ~ o o r' o n w N v ~ ~ ~ ~ - ~ ~ o ~ O ~ b ~ ~ ~ w ` ~ N F = ~ ~ m ~ o c~ ~ z ~ n cn a N 4 ~v b ° n ° ~ °c~° om'-~ 19C-22 0 ~ ~ O C h N N r ~ ~ ~ C V C O N V N O `~.i ~ c • ~ ~ p ~ y c c O ~ ~ y ~ ~ o m 2c ins w ~U ayi y ~ m lx' b c v c w t W cd Ud ~V w ~ V :V ~ "`I ~ v O 1 ~ o 0., ~ o w U r[ Q V ~ ~ Z ti a ~ W~ z a z z ~ C,~ ~ w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~-0 • v ~ > a ?~7, ~ ~ can c~n u~i w ~ ~ _ ~ V ~ ~ > > ~ ~ ~ U w O O ~ ~ ~ ~ ~ E 19C-23 ~ 19C-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended QUARTERLY REPORT OF CONTRACTS ? As Amended ENTERED INTO BY THE CITY ? Ordinance on 15i Reading ? Ordinance on 2"d Reading MANAGER ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER CIT MANAGER RECOMMENDED ACTION Receive and file the Quarterly Report of Contracts entered into between July 1, 2009 and September 30, 2009, valued at $25,000 and less. DISCUSSION On November 7, 2006, the voters approved a Charter Amendment increasing the authority of the City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the Charter requires the City Manager to report to the City Council quarterly on the contracts entered into under his authority for informational purposes. The report is required to include the names of contractors and the amounts of each contract. Exhibit A is a listing of all purchase orders, agreements, and change notices entered into between July 1, 2009 and September 30, 2009 valued at amounts between $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods or services valued at under $500 through either a purchase order or an agreement. Purchase orders and service agreements valued at greater than $25,000 require approval by the City Council. FISCAL IMPACT There is no fiscal impact associated with this action. 19D-1 19D-2 ui rn ~ E 'm > U U N C O fl. O N ~ y ~ •j L ~0 f6 ~ •(0 f6 (0 y N O to ~ a a N_ ~ N ~ to ~ C O- fn f0 ~ C N ~ ~ y O L ~ C C C f6 i ~ C fn ~ otS ti a~ ~ ~ ~ ~ ~ ti Q ~ ~ ~ m a~ L a N ~ a~ Q a Q ~ y otS o o ~ o 'm o c L~~ y N Z N C~~ Q t N~ Q N .O- L L U N U Q N 7 Q 7 Q N . V O~ U. Q. 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L i a o ~ `o H m cn U o •y N ~ > Q ~ U «S ° c~ c~ a = a~ a~ U p>' o a~°i L o d ~ t U~ m T a~ m~ o i° c U fl- c otS ~ a~ c N •y .mac-, o c~ ,C Q c o a~ U t a~ y c_° m~ n 3~ cca m O~ a~ -°a c co ~ 3 L c U U~ a~~i a o C7 voi ~ o Z' U ~ .n r .Q -o m ~ ~ m ~ s g ~ ~ -p c ~ D m O Q o m ° c c cn ~ ° m o ° ccu c F- d o m ¢ o ? o . ` ~ • n ~ o cn >a~ ~ ~ m m L o z ~ O ~ ~ ~ • ~ o ~ ~ ~ c`o ~ ~ C6 E dm~cn0¢~U-»raC9aC~O~aO~cn~~000i->~~~->O~~c~QU~H ~O O NM~tf)Cpl~opp)O NM~lnCO1~aOCAO NM'a'Lf~CpI~GpOOrNM~tC')CpI~OpCnOr ~n~~~~~~^~~~~~~~~CO W aOOOOCA67CAOCAOCAOOOOOOOOOOr N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N M M M M M M M M M M M M 19D-9 19D-10 REQUEST FOR COUNCIL ACTION a CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended COMMUNITY REDEVELOPMENT AGENCY ? As Amended sc ANNUAL REPORT FOR FY 2 0 0 8- 2 0 0 9 ? Ordinance on 1 Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO ~-t~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the Community Redevelopment Agency Annual Report for FY 2008-2009 consisting of: 1. The Annual Audit Report as prepared by Macias Gini & O'Connell, LLP. 2. The Annual Report of Financial Transactions. 3. Housing and Community Development Report of Housing Activity of Community Redevelopment Agencies. 4. Annual Statement of Indebtedness. 5. All other information as required pursuant to California Redevelopment Law. DISCUSSION The California Health and Safety Code, which defines the powers and duties of redevelopment agencies, requires the submittal of an annual report to the legislative body within six months of the end of the fiscal year. The 2008-2009 Annual Report must contain five major components: an independent audit report, a fiscal statement for the year, a description of the Agency's activities affecting housing and displacement, a Statement of Indebtedness, and Agency Time and Financial Limits (Exhibit 1). Following receipt of these documents by the City Council, the report will be submitted to the State Controller's office pursuant to California Redevelopment Law. 1. Audit Report The firm of Macias Gini & O'Connell, LLP has completed the Audit Report, with a separate opinion on compliance. The Executive Director of Finance and Management Services has reviewed the audit 19E-1 Community Redevelopment Agency Annual Report for FY 2008-2009 December 7, 2009 Page 2 and separate opinion on compliance and has determined that financial accounting and State Controller's guidelines have been met. 2. Annual Report of Financial Transactions of Community Redevelopment Agencies The Annual Financial Report delineates the financial activities for all funds within the redevelopment fund. Additionally, the report documents the achievements completed during the fiscal year as a direct result of the activities of the Community Redevelopment Agency. 3. Housing and Community Development Report of Housing Activity of Community Redevelopment Agencies In addition to general Agency financial transactions, the Housing and Community Development Annual Report contains information ~ regarding the low and moderate-income housing fund and a description of the effect of redevelopment activities on housing in general. 4. Annual Statement of Indebtedness The Annual Statement of Indebtedness is the annual report filed with the County Auditor describing Agency indebtedness and a reconciliation statement. 5. Agency Time and Financial Limits In 2007, the State Legislature adopted SB437, which included a provision requiring all redevelopment agencies to incorporate specific information regarding time limits into the Annual Reports. The legislation requires the list of the following time limits: 1) The time limit for the commencement for eminent domain proceedings to acquire property within the project area. 2) The time limit for the establishment of loans, advances, and indebtedness to finance the redevelopment project. 3) The time limit for the effectiveness of the redevelopment plan. 4) The time limit to repay indebtedness with the proceeds of property taxes. 19E-2 Community Redevelopment Agency Annual Report for FY 2008-2009 December 7, 2009 Page 3 In compliance with this new legislation, the redevelopment time and financial limits are included in the Annual Report. The Health and Safety Code mandates that the Annual Report be received by the City Council and filed with the State Controller's office prior to December 31, 2009. FISCAL IMPACT There is no fiscal impact associated with this action. Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency CJN/NTE/kcg H:\ACTION ITEMS\COUNCIL\2009 CC\120709 CRA Annual Report OB-09.doc II 19E-3 19E-4 REQUEST FOR COUNCIL ACTION y~~--~-~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended APPROPRIATION ADJUSTMENT ? As Amended ACCEPTING THE 2009 RECOVERY ACT ? Ordinance on 15~ Reading ? Ordinance on 2"d Reading EDWARD BYRNE MEMORIAL JUSTICE ? Implementing Resolution ASSISTANCE GRANT ? Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing the 2009 Edward Byrne Memorial Justice Assistance Grant in the amount of $203,144 into the revenue account (no.12814002-52001) and appropriate same into the 2009 Edward Byrne Memorial Justice Assistance Grant Expenditure account (no. 12814409-various). 2. Authorize the City Manager, Chief of Police, and the Clerk of the Council to execute an agreement with the County of Orange, Sheriff's Department to transfer the 2009 Edward Byrne Memorial Justice Assistance Grant Program funds in the amount of $203,144. DISCUSSION The 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) program is the primary provider of federal criminal justice funding to state and local jurisdictions. It is a formula grant that blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) programs. JAG requires a single unit of county government to function as the applicant/fiscal agent to apply for, receive, and administer the funds on behalf of the entire county. A memorandum of understanding designated the County of Orange, Sheriff-Coroner Department as the lead agency for this program. For FY 2009, $223,236 has been allocated for Santa Ana. JAG also allows the fiscal agent for each county to use a portion of the award for costs associated with administering the funds. The Orange County Sheriff-Coroner Department will retain $20,091 (9.0 percent) for administrative fees. The remainder of the funds in the amount of $203,144 will be utilized by the Police Department to hire two sworn officers for direct deployment to front line enforcement positions. 20A-1 2009 JAG Grant December 7, 2009 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the 2009 JAG revenue account (no. 12814002-52001) by an amount of $223,236 and increase the same into the Recovery Act 2009 JAG Expenditure account (no.12814409 -various). APPROVED AS TO FUNDS AND ACCOUNTS: ~ i _ Paul M. Walters Francisco Gutierrezf Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 20A-2 • 1 AGREEMENT TO TRANSFER FUNDS 2 FOR 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) 3 PROGRAM 4 5 THIS AGREEMENT is entered into this day of 2009, which date is 6 enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political 7 subdivision of the State of California, hereinafter referred to as "COUNTY", and 8 a municipal corporation, hereinafter referred to as 9 "SUBGRANTEE." 10 WHEREAS, COUNTY, acting through its Sheriff-Coroner Department, hereinafter referred to 11 as SHERIFF, in its capacity as the lead agency on behalf of nineteen units of local government, 12 including SHERIFF and SUBGRANTEE, has applied for, received and accepted the Edward Byrne 13 Memorial Justice Assistance Grant from the U.S. Department of Justice, Office of Justice Programs, 14 Bureau of Justice Assistance (hereinafter referred to as "the grant"). 15 WHEREAS, the purpose of the grant is to supplement the resources available to the multi 16 agency Orange County Pro-Active Methamphetamine Laboratory Investigative Team (PROACT), and 17 to various programs designated to prevent and control crime within the County of Orange that are 18 operated by individual agencies included in the above-referenced nineteen units of local government, as 19 set forth in Attachment A hereto (Program Narrative in the grant MOU), which is attached hereto and 20 incorporated herein by reference. 21 WHEREAS, the terms of the grant require that certain grant funds be transferred to 22 SUBGRANTEE to be used for the grant purposes, which may include local initiatives, technical 23 assistance, training, personnel, equipment, supplies, contractual support, and information systems for 24 law enforcement, as more particularly described in Attachment A hereto. 25 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 26 1. COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to 27 reimburse SUBGRANTEE for reasonable and permissible expenditures for the grant purposes. In order 28 CFDA 16.738 FY2009 JAG Program U.S. Department of Justice 09 Page 1 Of S 20A-3 1 to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all 2 required information and documentation, as set forth in Attachment B hereto ("How to Apply for JAG 3 Grant Reimbursements"), which is attached hereto and incorporated herein by reference. In no event 4 will the total amount of the grant funds transferred by COUNTY to SUBGRANTEE hereunder exceed 5 SUBGRANTEE's allocation, as set forth in Attachment C hereto ("JAG Program Allocation"), which is D 6 attached hereto and incorporated herein by reference. 7 2. SUBGRANTEE shall be reimbursed with said grant funds only for expenditures 8 necessary to acquire personal property or equipment as set forth in Attachment A hereto [hereinafter 9 called "grant property and equipment"] or to perform such other grant functions, if any, for which 10 Attachment A specifies that SUBGRANTEE may utilize grant funds. 11 3. Throughout their useful life, SUBGRANTEE shall use grant property and equipment 12 only for grant purposes in accordance with Attachment A hereto. 13 4. SUBGRANTEE shall exercise due care to preserve and safeguard grant property and 14 equipment from damage or destruction and shall provide regular maintenance and such repairs for grant 15 property and equipment as are necessary, in order to keep said grant property and equipment 16 continually in good working order. 17 5. If grant property or equipment becomes obsolete, SUBGRANTEE shall dispose of it 18 only in accordance with the instructions of COUNTY or the agency from which COUNTY received the 19 grant funds. 20 6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and 21 information in accordance with requirements set out in Attachment D ("Edward Byrne Memorial Justice 22 Assistance Grant Reporting Requirements"), which is attached hereto and incorporated herein by 23 reference. 24 7. SUBGRANTEE shall comply with all applicable terms of the certification(s) that are 25 attached hereto as Attachment E and incorporated herein by reference. 26 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully 27 bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E hereto. 28 CFDA 16.738 FY2009 JAG Program U.S. Department of Justice 09 Page 2 of 5 20A-4 ' 1 SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not abided or no longer 2 will abide by any applicable provision of this Agreement or Attachments A, B, C, D or E hereto. 3 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State 4 Auditor General with respect to this Agreement for a period of three years after final payment 5 hereunder. 6 10. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and the 7 agency from which COUNTY received grant funds, and their elected and appointed officials, officers, 8 agents and employees from any and all claims and losses accruing or resulting to any and all contractors, 9 subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work, 10 services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement, 11 including Attachments A, B, C, D and E hereto, and from any and all claims and losses accruing or 12 resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the 13 performance of this Agreement, including Attachments A, B, C, D and E hereto. 14 11. No alteration or variation of the terms of this Agreement shall be valid unless made in 15 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or 16 agreement not incorporated herein shall be binding on any of the parties hereto. 17 12. SUBGRANTEE may not assign this Agreement in whole or in part without the express 18 written consent of COUNTY. 19 13. For a period of three years after final payment hereunder or until all claims related to 20 this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all 21 documents, papers and records relevant to the work performed or property or equipment acquired in 22 accordance with this Agreement, including Attachments A, B, C, D and E hereto. For the same time 23 period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the 24 agency from which COUNTY received the grant funds or their duly authorized representative(s), for 25 examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon 26 request, during usual working hours. 27 28 CFDA 16.738 FY2009 JAG Program U.S. Department of Justice 09 Page 3 of 5 20A-5 1 14. SUBGRANTEE shall provide to COUNTY all records and information requested by 2 COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be 3 required to provide to the agency from which COUNTY received grant funds or other persons or 4 agencies. 5 1 S. COUNTY may terminate this Agreement and be relieved of the payment of any 6 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained 7 in this Agreement, including the applicable terms of Attachments A, B, C, D and E hereto, at the time 8 and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of 9 termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. 10 16. SUBGRANTEE and its agents and employees shall act in an independent capacity in the 11 performance of this Agreement, including Attachments A, B, C, D and E hereto, and shall not be 12 considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which 13 COUNTY received grant funds. 14 15 16 17 18 19 /1 20 21 22 23 24 25 26 27 28 CFDA 16.738 FY2009 JAG Program U.S. Department of Justice 09 Page 4 of 5 20A-6 ` 1 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, 2 State of California. 3 4 DATED: 1 V ~ ~ , 2009 COUNTY OF ORANGE, a political subdivision of the State of California 5 6 ' By 7 8 Name and itle 9 Sheriff-Coroner Department "COUNTY" 10 APPROVED AS TO FORM: 11 COUNTY COUNSEL 12 13 By i~r C-~ C.~ ~/t1~~ Nicole Sims, Deputy 14 15 DATED: ~C%~~ , 2009 16 17 DATED: , 2009 SUBGRANTEE 18 19 By 20 Name and Title 21 22 City 23 ATTEST: 24 25 City Clerk 26 DATED: , 2009 27 28 CFDA 16.738 FY2009 JAG Program U.S. Department of Justice 09 Page 5 of 5 20A-7 ATTACHMENT A Edward Byrne Memorial Justice Assistance Grant (JAG) Program GMS Application Award No. 2009-DJ-BX-0033 PROGRAM NARRATIVE General Description of Program Activities: The Edward Byrne Memorial Justice Assistance Grant (JAG) funds will be utilized to support a broad range of activities to prevent and control crime within the County of Orange. The County of Orange has been certified disparate; therefore, this joint application includes nineteen units of local government for which the applicant and fiscal agent is the County of Orange. The JAG funds will be utilized for the purpose areas outlined in the grant solicitation. The nineteen units of local government in the jurisdiction will utilize the funds for local initiatives, technical assistance, training, personnel, equipment, supplies, and contractual support and information systems for criminal justice within the following purpose areas: law enforcement, prosecution and court, prevention and education, corrections and community corrections, drug treatment, and planning, evaluation and technology improvement. The expenditure details of the funds for each city are outlined in the following narrative. Multi-Agency Funding: In a collaborative effort to benefit the County of Orange, the nineteen units of local government involved in this grant application have agreed to utilize $29,764.90 (approximately 3.4%) of the total funding to supplement the Orange County Pro-Active Methamphetamine Laboratory Investigative Team, hereafter referred to as PROACT. Problem Statement: Methamphetamine is the primary drug investigated by local, state, and federal law enforcement agencies within the boundaries of Orange County. Successful clandestine methamphetamine laboratory investigations require acquired expertise and are extremely time consuming and labor intensive. Local law enforcement agencies do not have the resources, specialized training, or safety equipment necessary to conduct the specialized investigations required to combat these types of operations. The labs themselves are toxic and explosive in nature. Children of clandestine laboratory operators and meth users are often forced to live in an environment of toxic chemicals with lasting effects on their health. The Team investigates suspected lab incidents within Orange County while maintaining a close liaison with local agencies. These agencies forward intelligence to the team for review, evaluation, and action by the Team. The multi-jurisdictional pro-active Orange County Methamphetamine Laboratory Investigation Team (OCMLIT or PROACT) functions as the sole and highly unique "proactive" effort against the methamphetamine laboratory operators and traffickers within and having a nexus to Orange County. 2009- DJ-BX-0033 Page 1 of 27 20A-8 ATTACHMENT A The OCMLIT integrates city law enforcement agencies, the Sheriffs Department, the District Attorney's Office, the Bureau of Narcotic Enforcement, and the Probation Department to conduct criminal investigations of clandestine methamphetamine laboratory operators and traffickers. The Team initiates investigations based upon intelligence received, conducts covert fixed, mobile and aerial surveillances, prepares and executes search warrants, identifies, arrests, and interrogates criminal suspects. Overall, the Team functions as Orange County's sole and unique proactive effort against methamphetamine laboratory operators with an area of focus on disrupting and arresting individuals responsible for providing the precursor and essential chemicals required to manufacture methamphetamine. Goal: The goal of the PROACT Task Force is to pro-actively seek out and eradicate all methamphetamine labs and methamphetamine in Orange County, thus providing a safer community for the residents, employees and visitors within the County. Objectives: The objectives of the Orange County Methamphetamine Laboratory Investigation Team are to: • Reduce the availability of methamphetamine in Orange County • Improve public safety in Orange County by eradicating hazardous methamphetamine labs • Identify, disrupt and arrest suppliers of methamphetamine precursor and essential chemicals Quantifiable Performance Measures: Project performance will be measured by the number of clandestine laboratory incident seizures, cases initiated, cases completed, arrests, searches, methamphetamine seized, precursor & essential chemicals seized, cases referred for prosecution, cases filed for prosecution, and convictions that are accomplished by the Team or as a result of the Team's activities. Funding: TOTAL PROACT ALLOCATION (approx 3.4%): $29,764.90 2009- DJ-BX-0033 Page 2 of 27 20A-9 ATTACHMENT A County: Orange The County of Orange proposes to use the 2009 justice Assistance Grant funding as follows: Proiect Objectives (Type of programs to be funded and need for the programs; refer to solicitation) Methamphetamine and other narcotic trafficking continue to be an increasing problem. Due to its proximity to Mexico, California remains the primary source state for methamphetamine shipped by Mexican drug trafficking organizations to other parts of the United States. The increase in methamphetamine trafficking from Mexico to the United States poses an immediate need for an increase in highway interdiction to identify and arrest methamphetamine traffickers. Major highways, such as Interstate 5, are used for trafficking methamphetamine from Mexico through Orange County. Through Ca1MMET funding, the Orange County Sheriffs Department developed a Domestic Highway Enforcement Team (HIT) to concentrate on disrupting methamphetamine and other narcotic trafficking into Orange County. HIT consists of two uniformed Sheriffs Deputies and one narcotics canine. In addition to patrolling in marked units and functioning as a Domestic Highway Enforcement Team, they assist the other task forces in combating the ongoing problem of methamphetamine production and trafficking in Orange County. Since 2007, the Domestic Highway Enforcement Team has realized phenomenal successes in combating methamphetamine and other narcotics trafficking in Orange County. The California State budget crisis has resulted in a nearly 50% reduction in Ca1MMET funding for this program. This additional JAG funding will assist in continuing the goals and objectives of this program. Specifically, these funds will be used for overtime expenses incurred by the front line officers involved in this program. The overtime will expand the effectiveness of the program and allow interdiction enforcement at varying hours of the day. In addition, the overtime hours will allow these officers the flexibility to assist other task forces/agencies in combating methamphetamineand narcotic trafficking. Goals o~the project: Specific goals of this project include: Target methamphetamine manufacturers and traffickers who produce or sell significant quantities of methamphetamine, including precursor trafficking; disrupt and dismantle their clan lab organizations (manufacturing and distribution). 2009- DJ-BX-0033 Page 3 of 27 20A-10 ATTACHMENT A Arrest and incarcerate those responsible, and use state and/or federal ]aw to identify and seize assets related to the manufacture and distribution of methamphetamine and other narcotics. Strategies to be used for project: Through highway interdiction, the team works with other narcotic task forces to disrupt major methamphetamine cartels, distributing methamphetamine throughout the State of California and the rest of the United States. The Domestic Highway Enforcement Team concentrates its efforts on methamphetamine highway interdiction and the identification of traffickers who, in an effort to avoid detection are using more sophisticated hidden compartments to conceal large amounts of methamphetamine and proceeds of methamphetamine trafficking Quantij=lable Performance Measures: (Established by the agency to assess whether grant objectives are being met; refer to solicitation) The Domestic Highway Enforcement Team will provide monthly statistical reports that are maintained at the Sheriff's South Narcotics Bureau. Statistics will also be maintained based on the performance measures outlined in the grant solicitation. The Los Angeles County Regional Criminal Information Clearinghouse and Inland Narcotics Clearinghouse provide intelligence reports that are used to identify trends (cost, purity, increases/decreases of "activities") involving methamphetamine. Prosecution statistics are available through a computer database maintained by the District Attorney. Timeline andfor project plan: (Identifying when the goals and objectives will be completed) Established in 2007, the Domestic Highway Enforcement Team has been an effective unit in the area of methamphetamine trafficking investigations. The sole source of funding for the program comes from grants. The objectives and goals of this plan are on-going and funds from this grant will assist in identifying, investigating and prosecuting subjects involved in trafficking methamphetamine and/or proceeds of methamphetamine trafficking. Funding: Total Allocation: $25,601 PROACT Contribution: $0 Administrative Fee (9%): $2,304.09 Funds Retained by City/County: $23,296.91 2009- DJ-BX-0033 Page 4 of 27 20A-11 ATTACHMENT A City: Anaheim The City of Anaheim proposes to use the 2009 Justice Assistance Grant funding as follows: Proiect Obiectives (Type of programs to be funded and need for the programs; refer to solicitation) Range Master We are requesting funds to preserve one Part-time Range Master Position, which otherwise will be eliminated as a result of the current state of our economy. We are required by the State of California and the Federal Government to remain in compliance with gun regulations and without the qualified staff, the department is unable to comply. Tasers Funding for 32 Tasers with air cartridges, batteries, and holsters is needed. Tasers is the first line of defense in a hostile situation. Corrective action may be taken with minimal harm to the perpetrator as well as police officer and public safety. Crime Analysis Software There is a need for two crime analysis computer software systems to manage existing crime troubled areas in our city. Crime View Software is a computer system that takes crime statistics and overlays the information on a map. This program is used to track high crime areas and predict potential crime through offence patterns. Cognos Software uses the Police Departments existing crime analysis software, extracts data through queries and organize the information in a more efficient and effective manner. The departments existing systems are unable to create the information needed to be truly effective in crime statistics and prevention. Report Writing Dictation Software Report Writing Dictation Software allows police reporting to be dictated. Currently, officers handwrite and type reports which is time consuming and entry can be delayed if the officer is called to duty, which could result in less accurate information. AR-15 Rifles The APD requests funding for 10 AR-15 Rifles; currently many of the patrol cars are furnished with shot guns. When used there's a spread of lead pellets that will hit the target but allows risk of hitting innocent bystanders. When using a riffle, this gives the officer distance control and allows a better chance of taking down the threat while protecting citizens. 2009- DJ-BX-0033 Page 5 of 27 20A-12 ATTACHMENT A Goals of the project: To maintain important services with a police experienced Part-time Range Master and enhance the safety of our community effectively and efficiently while using the proper equipment. Strategies to be used for project: To build on our current Crime Analysis Unit by providing more timely and accurate analysis of crime information to patrol and detectives in the street; and to develop strategies to respond to changing economic conditions while maximizing other funding opportunities for needed police equipment and training. Quantitrable Performance Measures: (Established by the agency to assess whether grant objectives are being met; refer to solicitation) The Part-time Range Master would maintain the State and Federal Requirements/Certificates/Compliance/Regulations of all Anaheim Police Officers Fire Range Time and Training. This position is not to exceed 960 hours (Part-time status). Tasers will save lives which under similar circumstances deadly force would be necessary. Crime Analysis Software's information allows the department to conduct strategic planning and target sensitive areas. Report Writing Dictation Software allows the officer, detective, and investigator efficient use of time to process required paperwork in a more accurate, detailed and timely manner. The use of Rifles will minimize casualty while overwhelming and neutralizing the threat. Timeline and/or project~lan: (Identifying when the goals and objectives will be completed) The Part-time Range Master position is to be funded for 2 Years. This position is not to exceed 960 hours per fiscal year. The Crime Analysis and Report Writing Dictation Software, Tasers (with air cartridges, batteries, and holsters), and Rifles will be purchased throughout the life of the grant. Funding: Total Allocation: $175,929 PROACT Contribution: (possible 10%) $17,593 Administrative Fee (9%): $15,833 Funds Retained by City/County: $142,503 2009- DJ-BX-0033 Page 6 of 27 20A-13 ATTACHMENT A City: Buena Park: The City of Buena Park proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives (Type of programs to be funded and need for the programs; refer to solicitation) Law enforcement agencies, regardless of size, are not immune to rising crime rates, staff shortages, and budget restrictions. Rising crime rates can tax the investigative and administrative resources of an agency. More crime may mean that fewer cases are pursued vigorously, fewer opportunities arise for follow-up, or individual caseloads increase from already overworked detectives. Transfers, retirements, and other personnel changes result in investigators originally assigned these to leave and/or move on. The Buena Park Police Department currently has 28 unsolved homicide cases, commonly referred to as "cold cases," some dating back to the year 1970. The Police Department wants to develop a "cold case" program utilizing experienced investigators to pursue leads in these cases and track down possible suspects. The arrest of suspects in one "cold case" may either solve other cases (through new leads and information from those suspects) or prevent new ones (by keeping killers from committing other crimes). Today, homicide investigators have at their disposal technology, investigative methods, and resources that were not available to law enforcement agencies in the past. Goal of the Project: The Buena Park Police Department proposes to use the proposed amount in its 2009 JAG allocation to provide funding for experienced homicide investigators to work and attempt to solve over 25 unsolved homicide cases on an overtime basis. By doing so, we will serve the families or murder victims and, in a broader sense, all of the community by bringing murderers to justice. Strategies to be used for the .pro ject: Investigators will review all unsolved "cold case" homicides and prioritize them according to the likelihood of an eventual solution. The highest priority cases are those in which the murder victim, or even a second surviving victim, has been identified; the death was ruled a homicide; suspects were previously named or identified through forensic methods; an arrest warrant was previously issued; significant physical evidence (such as fingerprints, DNA, or shell casings) can be reprocessed for further evidence; new documented leads have arisen and/or critical witnesses are accessible and willing to cooperate. 2009- DJ-BX-0033 Page 7 of 27 20A-14 ATTACHMENT A Quantifiable Performance Measures: The most visible measure of "cold case" investigations effectiveness is the number of cases it solves by the use of overtime hours paid for using JAG funds. Other internal and external gauges that will be evaluated will be the awareness of and participation in investigations by communities, families, witnesses, and outside law enforcement agencies; the number of investigations handled by the investigators; the number of resolutions (although the < resolution may not result in arrest); and the number of successfully prosecuted cases. Timeline and/or project plan: (Identifying when the goals and objectives will be completed) Unsolved homicide cases will be investigated on an overtime basis with existing personnel on an ongoing basis until JAG grant funds are expended. Funding: Total Allocation: $34,584.00 PROACT Contribution: $0 Administrative Fee [9%): $3,112.56 Funds Retained by City: $31,471.44 City: Costa Mesa The City of Costa Mesa proposes to use the 2009 Justice Assistance Grant funding as follows: Project Obiectives: The Police Department, recognizing the need to utilize valuable new technologies to enhance their performance and deliver mission-critical information to officers in the field, recently researched, selected, purchased, and installed selected broadband equipment for use with the MDCs (mobile data computers). Project completion will require an additional 36 police cars be installed with broadband. The primary project objective in requesting JAG funds is to finance the use of the broadband system for one complete fiscal year, from July 2009 through June 2010. Goals of the project: The goal is to secure the funds for payment of broadband services, so the systems can be utilized by officers in the field to enhance their overall effectiveness. Strategies to be used,for project: The principal strategy is to use multiple applications not available on the MDCs (e.g., mapping, wanted flyer retrievals, crime analysis information, field report-writing capabilities, streaming video, local, statewide and multi-state law 2009- DJ-BX-0033 Page 8 of 27 20A-15 ATTACHMENT A enforcement information-sharing applications such as COPLINK, photo identification capabilities, fingerprint identification capabilities, etc.), to augment standard operations on a routine and ongoing basis. Ouanti~able Performance Measures: The proven measure of this objective will be quantified by the ongoing and consistent use of broadband services during the fiscal year to reduce man hours on calls for service, by accessing quick information via the broadband system (internet). Additionally, handling tasks such as drafting police documents in the field, rather than returning to the station, will have an impact on the number of report- writing overtime hours used. Timeline andfor project plan: The project plan is to requisition the purchase of broadband services and fully implement the project within three months of formal award acceptance. Funding: Total Allocation: $33,543 PROACT Contribution: (possible 10%) $0 Administrative Fee (9%): $3,018 Funds Retained by City/County: $30,525 City: FOUNTAIN VALLEY The City of FOUNTAIN VALLEY proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives (Type of programs to be funded and need for the programs; refer to solicitation) The objective of this program is to assist the Fountain Valley Police Department in coordinating the download, access, and control of digital images taken during criminal investigations. Currently the Police Department's digital imaging management is uneven and requires an upgrade. Goals of the project: The current system places the digital images the officers and crime scene investigators take into various locations which make it problematic and time consuming to research and later retrieve for court or other purposes. A hardware and software solution currently available will allow digital images taken by police personnel to be permanently attached to the existing laser images of the police report itself. This way the police report, the digital 2009- DJ-BX-0033 Page 9 of 27 20A-16 ATTACHMENT A images, and any audio attached to the particular case can be accessed without unnecessary research and loss of information or images. Once approved, the Police Department will contract with this provider for the digital camera interface, software, and software support to install this hardware into our existing system. By utilizing this upgrade, the Police Department will save time and effort in the retrieval of its digital images for use in court or other investigative purposes. By archiving the digital images by attaching them to the case files, will greatly enhance the ability of investigators and court personnel to access this information for prosecutions and other investigations. Strategies to be used for project• Partnering with an establish software company who can provide the required hardware and software. Install and activate the hardware and software. Quantifiable Performance Measures• (Established by the agency to assess whether grant objectives are being met; refer to solicitation) Measures with include the improved efficiency of digital image retrieval. Since these images are retrieved by various personnel, including patrol officers, investigators, or support staff in response to a lawful subpoena, this computes to many hours saved on a monthly basis. Timeline and,[or project plan• (Identifying when the goals and objectives will be completed) This particular hardware and software provider is well established in the industry and the Police Department already has a long standing relationship with the company. Once the program is approved by the Fountain Valley City Council, the purchase and implementation of the hardware and software can occur within about two months. Funding: Total Allocation: $10,757 PROACT Contribution: (possible 10%) $0 Administrative Fee (9%): $968 Funds Retained by City $9,789 2009- DJ-BX-0033 Page 10 of 27 20A-17 ATTACHMENT A City: Fullerton The City of Fullerton proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives (Type of programs to be funded and need for the programs; refer to solicitation) Due to budgetary constraints, the Fullerton Police Department lacks the funds to purchase equipment for patrol officers in the freld. The use of less-lethal weapons (tasers) provides force with more options when an offrcer is faced with a violent situation. It is our intention to use the Justice Assistance Grant allocation to purchase thirty-five tasers and holsters. Goals ofthe project: To ensure public safety by enhancing and upgrading departmental equipment and technology. Taser devices incapacitate dangerous, combative, and high-risk subjects who pose a threat to citizens and law enforcement officers. This weapon is generally recognized as a safer alternative to other uses of force. Strategies to be used for project: • Thirty-five tasers and holsters will be purchased. • Officers will receive training with the device. The equipment will be maintained and stored at the Police Department Facility. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met; refer to solicitation) Yearly audits will be conducted and documented. Timeline and/or project plan: (Identifying when the goals and objectives will be completed) The goals and objectives outlined above will be instituted immediately upon receiving the frnancial allocation. Funding: i Total Allocation: $51,125.00 PROACT Contribution: (possible 10%) $5,112.50 Administrative Fee (9%): $4,601.25 Funds Retained by City/County: $41,411.25 2009- DJ-BX-0033 Page 11 of 27 20A-18 ATTACHMENT A City: Garden Grove The City of Garden Grove proposes to use the 2009 Justice Assistance Grant funding as follows: Project Obiectives (Type of programs to be funded and need for the programs; refer to solicitation) The Garden Grove Police Department has one of the lowest number of officers per capita of any city its size in California. This problem will only get worse as the City's population continues to increase. Unfortunately, the Garden Grove's current financial condition prohibits the Department from hiring additional personnel. The Department, to fulfill its ever-increasing demand for officers, must develop alternative solutions to increase officer time in the field without hiring additional Personnel Goals of the proiect: Create operational efficiencies in Patrol that would generate the equivalent productive hours of up to seven additional Police Officers that could be used to augment patrol operations. Strategies to be used for proiect: Contracting out jail services allows the Police Department to concentrate much more of its efforts on community safety instead of expending energy and resources on jail operations. The jail contract allows sworn police officers to process arrestees and return to their field duties in as little as 15 minutes. This in turn will increase their availability to handle additional calls for services. Quantij'<able Performance Measures: (Established by the agency to assess whether grant objectives are being met; refer to solicitation) The hours saved will be calculated by multiplying the number of arrestees processed in the jail by the average time saved by officers not having to process and transport the prisoner themselves. 2009- DJ-BX-0033 Page 12 of 27 20A-19 ATTACHMENT A Timeline and/or proiect.plan: (Identifying when the goals and objectives will be completed) The jail is a 24/7 operation and operates 365 days a year. The goals and objectives for the program are met on a continual basis, by allowing officers to return to their patrol duties quickly, thus enhancing the policing presence in the City. Funding: _ Total Allocation: $80,388 PROACT Contribution: $0 Administrative Fee (9%): $7,235 Funds Retained by City/County: $73,153 City: Huntington Beach The City of Huntington Beach proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives - We will be using these grant monies for the following: 1) $20,000- To purchase project management software IA Pro and Blue Team, manufactured by CI Technologies Corporation. 2) $23,822 - To provide helicopter pilot training for police pilots. Goals of the project: 1) This software will be the centralized system to monitor reports and respond to police personnel concerns, thus we will be more efficient to manage personnel issues. 2) The proposed training will enhance the overall safety of our flight operations and assist us in providing a safer, more effective service to the community. Strategies to be used for project: 1) Our department currently tracks police personnel issues with written logs. This will allow for an automated and reliable tracking system. 2) Our department currently provides a portion of flight training with in-house personnel. The proposed training, provided by the manufacturer of our helicopters and other airborne law enforcement professionals, will allow our department to receive valuable updated flight training, as well as allow us to validate our current training program. Quantifiable Performance Measures: 1) The number of hours used monthly to log, track and monitor police personnel issues will be reduced with the use of this software. 2) This training will enable our pilots to operate in a safer, more efficient manner as they support police, fire and marine safety operations. Studies have shown that a safe and effective airborne law enforcement program enhances community safety and crime prevention efforts equivalent to 8two-officer patrol cars. 2009- DJ-BX-0033 Page 13 of 27 20A-20 ATTACHMENT A Timeline and/or project plan: 1) We will complete training and implement the usage department wide within 30 days of purchase of the software. 2) We will complete the pilot training by December 2010. Funding: Total Allocation: $48,156 PROACT Contribution: $0 Administrative Fee (9%): $4,334 Funds Retained by City/County: $43,822 City: Irvine The City of Irvine proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives The Irvine Police Department is proposing to use the 2009 Justice Assistance Grant to fund a consultant to perform "Customer Service Training' for professional staff assigned to the Records, Business License and Emergency 911 Dispatch Bureaus, including staff assigned to the Front Desk. Project objectives for improving customer service are as follows: ¦ Provide an enhanced focus on the needs of the residents contacting the Irvine Police Department for a variety of services. ¦ Proactively generate a consistent high level of customer satisfaction with every contact with the public. ¦ Anticipate customer needs. ¦ Build closer ties with the members of the public, other City Departments and outside agencies. Goals of the project: One of the most important customer service skills is the ability to understand and effectively respond to customer needs and concerns. This is especially relevant as it relates to law enforcement and the public sector. As with the private sector, residents have high expectations of services provided by local governmental agencies. To be successful, organizations must constantly evaluate the needs and expectations of their customers. Research has consistently confirmed the importance of enhanced customer satisfaction. As such, customer satisfaction is an important attribute associated 2009- DJ-BX-0033 Page 14 of 27 20A-21 ATTACHMENT A with any successful organization especially police agencies which are customer service driven. Goals for the project include, but are not limited to ensuring: (1) requests for service are handled courteously; (2) requests are addressed in a competent manner; (3) customer inquiries are efficiently handled; and, (4) services meet customer needs and expectations. Strategies to be used for project: Management staff will interview and select the best qualified trainer within the budget parameters to provide enhanced customer service skills to professional staff. The training will be scheduled to ensure all identified staff successfully participate in the program. Quantifiable Performance Measures: 1. Measure the number of professional staff who successfully complete the training. 2. Measure customer feedback positive and complaints. Timeline an~or proiect plan: The project will be completed within the City of Irvine's 2009-10 Fiscal Year. Funding: Total Allocation: $16,193 PROACT Contribution: (10%) $1,619 Administrative Fee (9%): $1,457 Funds Retained by City of Irvine: $13,117 City: La Habra The City of La Habra proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives (Type of programs to be funded and need for the programs; refer to solicitation) The City of La Habra will use 2009 JAG funds to enhance and improve its technology program in the area of radio communications. 2009- DJ-BX-0033 Page 15 of 27 20A-22 ATTACHMENT A Goals of the project: The goal of this project is to purchase and program 24 new portable hand-held 800 MHz radios for issue to each La Habra Police Officer, thus enhancing the department's technological and radio communications capabilities. Strategies to be used for proiect: The total cost of purchasing and programming 24 hand-held 800 MHz radios is approximately $100,000. The department will use all of the JAG funds that are retained by the city to purchase the radios (approx. $20K). The department will provide the additional funding (approx. $80K) beyond JAG funds to complete the purchase of the radios for issuance to each officer. The purchase of radios will be in the United States of America. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met; refer to solicitation) The department will monitor the purchase of the specified radios, program the units, add the radios to the Department inventory and issue the items directly to the field officers, thereby enhancing technological and radio communications capabilities. Timeline andfor proiect plan: (Identifying when the goals and objectives will be completed) The expected time line for completion is during the 2009/2010 fiscal year. Funding: Total Allocation: $22,401.00 PROACT Contribution: (possible 10%) $ 0 Administrative Fee (9%): $2,016.09 Funds Retained by City: $20, 384.91 City: Lake Forest The City of Lake Forest proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives: The City of Lake Forest (Police Services) will use the appropriated JAG funds to improve officer safety and enhance policing operations through the purchase of tactical flashlights, breeching tools, and other related equipment to be utilized in the field. Goals of the proiect: The goal of the project is to purchase equipment that will improve our officer's safety and/or enhance policing operations. 2009- DJ-BX-0033 Page 16 of 27 20A-23 ATTACHMENT A Strategies to be used for project• Evaluate current operational needs and identify deficiencies; determine methods to improve deficiencies; conduct analysis to determine the optimal return on investment to meet program goals; implement the strategy. Quantifiable Performance Measures• Performance will be measured by: 1) the amount of funds expended towards the project goals; and, 2) the average daily utility of purchased equipment Timeline and~or project plan• Evaluation, methodology, and analysis to occur period between 0-30 days from grant approval; implementation from 30 days on (program may be ongoing if funds remain available beyond initial implementation). Funding: Total Allocation: $11,991 PROACT Contribution: (possible 10%) $0 Administrative Fee (9%): $1,079 Funds Retained by City/County: $10,912 City: Mission Viejo i The City of Mission Viejo proposes to use the 2009 Justice Assistance Grant funding as follows: Proiect Obiectives Uniformed personnel in the City of Mission Viejo often work in low light conditions. In order to be safe and effective in the performance of their duty, they must have a compact and reliable light source for use in these low light conditions. Uniformed personnel have expressed a desire to be equipped with a reliable light source that is compact, can be worn on their duty belt, and that is uniform in appearance and consistent with all uniform personnel. The purchase of (70) lights and belt holders are needed to maintain a high level of officer safety and proper uniform appearance. Goals of the proiect: The goal of this project is to enhance and maintain a high level of officer safety and effectiveness while working in low light conditions. Additionally, all uniformed personnel wearing the same lighting equipment on their duty belts will create a more consistent uniform appearance. Strategies to be used for proiect• Distribute the purchased lights /holders to all uniformed personnel so they may be immediately put into use to achieve the anticipated goals 2009- DJ-BX-0033 Page 17 of 27 20A-24 ATTACHMENT A Quantifiable Performance Measures: A majority consensus among all uniformed staff using the purchased equipment indicating that the equipment has been a benefit to their overall officer safety and effectiveness during work in low light conditions. Additionally, an improved outward uniform appearance of consistency with respect to equipment on the duty belt should be apparent once the program is put into operation _ Timeline andfor project plan: Purchase of the new lighting equipment can be made in the next 60 days and the equipment will be distributed to all uniformed personnel in Mission Viejo once it has been delivered. The performance measures can be examined after the lights have been in use for a period of 6 months. Funding: Total Allocation: $10,102 PROACT Contribution: 0% $0 Administrative Fee (9%): $909.18 Funds Retained by City/County: $9,142.31 City: Newport Beach The City of Newport Beach proposes to use the 2009 Justice Assistance Grant funding as follows: Proiect Objectives (Type of programs to be funded and need for the programs; refer to solicitation) Maintaining the high level of crime prevention that resulted from the establishment of a Crime Prevention Program under the Justice Assistance Grant program. Goals of the project: The goal of the program is to maintain a highly visible program dedicated to 1) Preventing Crime, 2) Disseminating correct and realistic information about criminal activity and crime prevention, and 3) Enhancing the perception of security within the community. Strategies to be used,for project: Conduct Neighborhood watch meetings, crime prevention meetings and the distribution of community crime alert bulletins to keep the community informed of current crime trends in an effort to better prepare the community to take crime prevention measures. 2009- DJ-BX-0033 Page 18 of 27 20A-25 ATTACHMENT A Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met; refer to solicitation) Conduct six Neighborhood Watch meetings, Six Crime Prevention meetings, and three Community Crime Alert distributions. Assist with the presentation of an annual "Keep Your Teen Safe" community program offered in conjunction with the Newport Mesa Unified School District. Timeline and/or,proiect plan: (Identifying when the goals and objectives will be completed) This Crime Prevention Specialist position will be continually funded throughout the life of the grant. Funding: Total Allocation: $16,348.00 PROACT Contribution: $ 1,634.80 Administrative Fee (9%): $ 1,471.32 Funds Retained by City: $13,241.88 City: ORANGE The City of Orange proposes to use the 2009 Justice Assistance Grant funding as follows: Project Obiectives (Type of programs to be funded and need for the programs; refer to solicitation) Digital Sic~nage and Messaging Svstem: This project would begin implementation of technology improvements through equipment purchases to enable sharing of timely crime data, or trends and up-to-date information with law enforcement employees. The Orange Police Department has implemented a CompStat program to respond to crime trends and quality of life issues. To that end, there is a need for delivery of relevant information on a continual basis. Technological advances in software based, content display monitors allow for rapid dissemination of information that is far superior to a paper and bulletin board system. A continued expansion of the proposed system would eventually expand the functionality of the Emergency Operations Center, allowing for information to be disseminated into other parts of the facility forgroup, divisional, or unit level functions. 2009- DJ-BX-0033 Page 19 of 27 20A-26 ATTACHMENT A Goals of the project: Improve the efficiency and effectiveness of communication regarding crime trends and quality of life issues by communicating information through enhanced technology on a 24/7 basis. This project will improve the flow of information and aid in the presentation of training for department employees. This project will improve the level of service provided by the department and enhance safety through a more efficient use of resources. Strategies to be used,for proiect: Installation of video monitors allowing display of crime trends and crime mapping data to facilitate deployment of resources. Installation of software content manager and video channel player to transmit current data and information. Allow joint utilization of the monitors for interactive training presentations to include daily briefings, and periodic trainings. uanti 'able Per ormance Measures: Established b the a enc Q h f to assess whether ran ( Y g Y g t objectives are being met; refer to solicitation) The Digital Signage and Messaging System performance can be measured in terms of the number of information content uploads and changes to information displayed. The number of meetings, training sessions and activities making use of the system can also be documented. Timeline and/or proiect plan• (Identifying when the goals and objectives will be completed) Once the funds are received and made available through the City's normal approval process, it is anticipated that bidding and equipment ordering can be completed in eight to twelve months. Once the equipment is delivered and installed, it will be put to use immediately. Funding: Total Allocation: $30,420 PROACT Contribution: $0.00 Administrative Fee (9%): $2,738 Funds Retained by City/County: $27,682 2009- DJ-BX-0033 Page 20 of 27 20A-27 ATTACHMENT A City: Placentia The City of Placentia proposes to use the 2009 Justice Assistance Grant funding as follows: Project Ob "ec~ Lives (Type of programs to be funded and need for the programs; refer to solicitation) To purchase new Taser X26 electronic devices for deployment to Patrol . Officers. We believe the Taser X26 devices will reduce the potential for injury to both officers and the public during criminal arrests and taking into protective custody of violent persons. Goals of the.project: Enable all on-duty officers and supervisors assigned to Patrol Division to be able to carry Taser X26 devices on-duty at all times. Original quantity of devices purchased enabled only some of the on-duty patrol officers to possess and deploy these devices. There are not currently enough to equip all uniformed personnel assigned to some shifts. Additionally, new deployment policy created a third watch for overlap coverage and increased the number of officers working between 1530 hours and 0330 hours nightly. More Tasers need to be purchased to equip all of these personnel. Strategies to be used .for project: Simply, acquire enough devices to equip the maximum number of patrol officers deployed on any given shift. Night Watch Friday, Saturday and Sunday staffing in Patrol Division is presently eight personnel. Secondly, train all officers in the use and deployment of X26 Taser devices for deployment. Available funding can purchase 12 new Tasers X26 XDPM devices. Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met; refer to solicitation) Require shift Watch Commanders to document number of officers deployed with these devices, once all sworn officers are trained. (Currently, approx training 90% compliance.) Supervisory reports will be sent to training compliance officer for accounting. Training compliance officer will identify any officer requiring training and schedule immediate training during duty. Timeline and/or project plan: (Identifying when the goals and objectives will be completed) Within one month of purchase and receipt of Taser Devices, all remaining personnel will be trained and full deployment is anticipated. Funding: Total Allocation: $12,299 PROACT Contribution: (possible 10%) $0 Administrative Fee (9%): $1107 Funds Retained by City/County: $11,192 2009- DJ-BX-0033 Page 21 of 27 20A-28 ATTACHMENT A Santa Ana City: The City of Santa Ana proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives: The City of Santa Ana is the county seat and the largest and most densely populated municipality in Orange County. Its residents are overwhelmingly Latino and its population is the youngest of any city of its size in the nation with a median average age of 26.1 years. Census data reports 14.1% of all families and 16.5% of all individuals are at or below the poverty level as compared to the national averages of 9.8% and 13.3%. The housing foreclosure rate is 6.52%, compared to the national average of 1.84% and the State of California's Average of 3.47%. Unemployment in January 2008 was 7.2%, and in January 2009 it is 12.0%. During the last decade the City made great strides in reducing crime and disorder in the community through collaborative community partnerships, technological advancements (including crime analysis) and carefully targeted enforcement efforts. However, the City has disproportionallysuffered the consequences of the current recession and has been forced to make draconian cuts to its current and future budgets, thus significantly reducing the number of sworn officers. There are fewer officers now than in 1985. and budget deficits will further reduce their ranks as early as this year. Due to the current recession and financial crisis the gains from the last decade are in jeopardy and the well being of the community is threatened. The Department employs 1.02 officers per 1,000 population which is dramatically below state and national averages. This ratio is based on 42 unfunded sworn officer positions, more than 10% of total strength. Crime, which had been on a steady long-term downward trend, is rising in many categories. The Santa Ana criminal street gang population of approximately 6,900 which accounts for less than two percent of the City's population, this criminal element constitutes a significant impact on fear in the community and threatens the safety and stability of our neighborhoods. It is our belief that Gangs in Santa Ana are responsible for a disproportionate amount of the crime being committed. Through the use of grant funding the City of Santa Ana will augment its Gang Enforcement Units with front line suppression units working overtime to target enforcement of gang members involved in violent behavior. The Department currently lacks the man power and fiscal resources to address this problem, these officers will be deployed directly into the neighborhoods being most affected by the current state of affairs and will be funded for the three year grant period. This funding will equate to 3,125 hours of additional law enforcement presence on our streets. Goals: The goal supplementing the Gang Enforcement Units efforts is to decrease gang related crime in the city of Santa Ana to create a safe environment for residents and visitors alike. 2009- DJ-BX-0033 Page 22 of 27 20A-29 ATTACHMENT A Activities: • Contact gang members to gain intelligence and investigative information for prosecutorial purposes • Increase the number of arrest and prosecution of gang members • Reduce the fear gang members evoke in the community through high visibility police presence and enforcement activates. Quantifiable Performance Measures: Grant performance will be measured through the following • Number of gang related calls handled • Field Interview Cards completed on gang members • Number of gang members documented in compliance with California Penal Code Section 186 • Number of assists provided to Field Operations Bureau on gang calls for service and number of weapons recovered • Number of Gang Members arrested • A weekly After Action Report will be generated to monitor the activity of the Officers working the suppression efforts in order to make enhancements or adjustments as necessary Time Line: Month 1: Gang Enforcement Initiated Month 2-36: Gang Enforcement continues throughout the life of the grant Funding: Total Grant Allocation: $223,236.00 PROACT Contribution (00%): $.00 Administrative Fee (9%): $20,091. Sworn Law Enforcement Salary: $203,144.76 2009- DJ-BX-0033 Page 23 of 27 20A-30 ATTACHMENT A City: Stanton The City of Stanton proposes to use the 2009 Justice Assistance Grant funding as follows: Project Objectives (Type of programs to be funded and need for the programs; refer to solicitation) The City of Stanton is a diverse community presenting unique challenges for law enforcement. A large Mexican immigrant population and the resulting language barrier can cause a gap between residents, businesses and law enforcement providers. In many cases immigrant residents are fearful of police due to their immigration status. Stanton is home to several active criminal street gangs which use fear and intimidation of residents as a method for ensuring many crimes are never reported to police. T hrou him lementation of g p community policing practices we intend to increase awareness and positive interaction among residents, business owners and law enforcement in a community effort to reduce crime. Reducing crimes against persons and businesses will help ensure that the City of Stanton has an active and flourishing business community supported by its residents. It is a commonly recognized fact that public support is necessary for business to flourish. This is also the case for police effectiveness in accomplishing their core mission of preventing crime. Building relationships with the public increases police legitimacy and affects how well they can control crime. Goals of the project: To increase interaction between law enforcement and the community by the use of overtime to place personnel into problem areas of the City, either on foot, bicycle or patrol car and supplement the Neighborhood Watch Program. Their efforts will be directed to combat a growing graffiti and gang problem. These will be done in an effort to build a better partnership with the community and in helping to reduce crime and blight in the City of Stanton. Strategies to be used, or project: Staff will determine target areas for which personnel will utilize crimes and calls for service data and work with the OCSD Crime analysis unit to patrol during times that have higher activity levels. The target areas will be chosen based upon level of calls for service, citizen complaints, Part I and II crimes. The type of area will also determine the type of patrol to be used, certain high density housing areas will use either foot or bicycle patrol. Larger sprawling gang areas may require a vehicle. 2009- DJ-BX-0033 Page 24 of 27 20A-31 ATTACHMENT A Quantifiable Performance Measures: (Established by the agency to assess whether grant objectives are being met; refer to solicitation) 1. Number of personnel and hours of overtime spent working in the community patrolling the target areas. Specifying the type of patrol whether it be foot, bicycle or vehicle. 2. Number of neighborhood meetings held /attended. s - 3. Number of arrests and citations issued. Timeline and/or project plan: (Identifying when the goals and objectives will be completed) Community policing efforts are already underway in Stanton. Previous JAG and other grant funding has allowed us to implement a gang education and prevention program in our local schools and to conducted limited neighborhood and business watch activities. Currently funds are limited for targeting specific areas that are experiencing increased vandalism/graffiti and increased complaints. It is our intent to approach every community in Stanton in the next 12 months and direct personnel to combat or eliminate their specific problem(s) whether it is graffiti, loitering, illegal drug activity, public alcohol consumption or otherwise. We are also working with the City of Stanton to determine enforcement and presence needs during their upcoming community events. Funding: Total Allocation: $18,005.00 PROACT Contribution: (possible 10%) $1,800.50 Administrative Fee (10%): $1,620.45 Funds Retained by City/County: $14,584.05 City: Tustin The City of Tustin proposes to use the 2009 Justice Assistance Grant funding as follows: Proiect Obiectives The City of Tustin Police Department intends to utilize JAG funding to purchase Crime Scene Investigation quality digital cameras for the Crime Scene Investigation Unit. Crime ~ scene photographs, which are routinely enlarged for trial purposes, lose a great deal of clarity and create the need for the purchase of high resolution equipment. 2009- DJ-BX-0033 Page 25 of 27 20A-32 ATTACHMENT A Goals of the proiect: Equip the Crime Scene Investigation Unit with high resolution digital camera equipment to enhance the quality of crime scene photos when enlarged for court purposes. Strategies to be used for proiect: Purchase six high resolution camera kits to be utilized for crime scene photos. Utilize Crime Scene Investigation Unit for majority of photographic responsibilities rather than . patrol officers who are not equipped with high resolution cameras. Quantifiable Performance Measures: Produce photographic evidence that maintains clarity when enlarged for court. Increased patrol availability by eliminating case photography by patrol officers whenever possible. Timeline and/or proiect plan: Purchase will proceed immediately upon approval of funding; project plan will begin upon receipt of equipment. Objectives and goals will be measured by quality of photographic court evidence when enlarged and increased patrol officer availability by eliminating responsibility for routine photography from patrol unit. ' Funding: Total Allocation: $20,049 PROACT Contribution: (10%) $2,005 Administrative Fee (9%): $1,804 Funds Retained by City/County: $16,240 City: Westminster The City of Westminster proposes to use the 2009 Justice Assistance Grant funding as follows: Proiect Objectives (Type of programs to be funded and need for the programs; refer to solicitation) TechnoloQV to enhance investigations will be the overall goal for the use of these funds This includes: • Providing annual support costs for extant projects, like Crime Mapping in vehicles/station & presenting/mapping crime data relations software; • Procuring hardware and software, such as long range surveillance video & undercover wires, to enhance detective investigative efforts. 2009- DJ-BX-0033 Page 26 of 27 20A-33 ATTACHMENT A Goals of the project: • To maintain current svstems that provide investigative support and leads for line level officers and detectives. • To provide hardware and/or software svstems capable of supplementing surveillance and investigative documentation of potential and actual cases - Strategies to be used for project: We will determine those software systems requiring ongoing annual support and are being consistently used by officers and investigators and financially support them without supplementing other funds. We will meet with investigators and field personnel to determine surveillance system needs, and then procure those products which should have the most widespread use throughout the department and will enhance field surveillance and investigations efforts. QuantiFable Performance Measures• (Established by the agency to assess whether grant objectives are being met; refer to solicitation) ~ 1. Determine and document those systems requiring annual financial support and provide appropriate purchase orders by January 2010. 2. Meet with detectives and patrol supervisors to determine hardware/software systems that address most pervasive needs for surveillance and suspect tracking & investigations by January 2010. 3. Purchase and train in those surveillance systems within the first half of 2010, as recommended by the police department. 4. Track the number of cases in which these surveillance and investigation enhancing devices are used during the course of the funding cycle (2 years overall). Timeline andfor project plan • (Identifying when the goals and objectives will be completed) (Performance measures include project milestones 1 Funding: Total Allocation: $39,327 PROACT Contribution: $0 Administrative Fee (9%): $3,540 Funds Retained by City/County: $35,787 2009- DJ-BX-0033 Page 27 of 27 20A-34 ATTACHMENT B HOW TO APPLY FOR JAG GRANT REIMBURSEMENTS 1. A letter on vour letterhead that includes or states the following_• A. Your agency's request for reimbursement in the amount of $ ; B. Against Grant Award# 2009-DJ-BX-0033; C. Certification that you complied with all procurement procedures outlined in your agency's procurement manual and financial and administrative requirements set forth in the current OJP Financial guide. D. Name of payee and address of where payment is to be sent E. Letter is to be signed by the person authorized in the JAG Program MOU. 2. Required attachments to the letter: A. Your agency is required to submit quarterly Financial Status Report (FSRs) using a Standard Form 269A (SF-269A). This report reflects the actual federal monies spent, unliquidated obligations incurred, and the unobligated balance of federal funds. The FSR is due at the Sheriffs Department Financial Division no later than 15 days following each calendar quarter, even if you don't have any reimbursement claims. The reporting quarter end dates and due dates are as follows: Qtr. ending 03-31-YY due no later than 4/15 Qtr. ending 06-30-YY due no later than 7/15 Qtr. ending 09-30-YY due no later than 10/15 Qtr. ending 12-31-YY due no later than 01/15 A helpful hints guide for completing FSRs is available at the DOJ-OJP website at: http://www.ojp.usdoj.govjfundingfforms htm B. All invoices and relevant purchase orders pertaining to federal monies spent. C. Time Sheets and part of payroll register showing personnel name or other individual identifier and details of payroll costs claimed, if any. D. Copies of signed check(s) for purchase(s); All of the above documentation must be provided or vour claim cannot be processed. If you have any questions please call Yumi Leung at (714) 834-6674. Send your claim to the Attention of Yumi Leung at 320 North Flower Street Suite 108, Santa Ana, Calif. 92703. 20A-35 ATTACHMENT D 2009-DJ-BX-0033 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM REPORTING REQUIREMENTS The Office of Justice Programs (OJP) has established new permanent reporting periods and due dates for all JAG reports. Refer to Attachment B for ro ram re orts d p g p ue dates and for uidance in g reporting. The reporting requirements are designed to provide the grantor agency with sufficient information to monitor grant implementation and goal achievement. The reports must be keyed to your problem statement, goal, objectives and quantifiable performance measures. SPECIAL REQUIREMENTS Special reporting requirements or instructions maybe prescribed for categorical projects in certain program or experimental areas to better assess impact and comparative effectiveness of the overall categorical grant program. These will be communicated to affected grantees by the agency. Please submit all Program Reports via e-mail and direct any questions regarding the grant program reporting to Susie Cabrera. (714) 935-6869 scabreraC~ocsd.org 431 The City Drive South Orange, CA 92868 20A-36 A'T'TACHMENT E 2009-DJ-BX-0033 Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all ~ Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR 1 of 5 20A-37 ATTACHMENT E 2009-DJ-BX-0033 investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (ESOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part- time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an ESOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an ESOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http: //www.oj p.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination [n the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-0690 or visit our website at htt~/~www.ojp.usdoj. ov ocr/. 2 of 5 20A-38 ATTACHMENT E 2009-DJ-BX-0033 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds maybe withheld, or other related requirements maybe imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotlineC~usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj,gov/oig. 6. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally orhistorically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic 3 of 5 20A-39 A'1<'TACHMENT E 2009-DJ-BX-0033 prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at ' - http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 7. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 8. To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit http://www.niem.gov/implementationguide php. 9. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Financial Status Report (SF-269). 10. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed bylaw and detailed by the BJA in program guidance for the Justice Assistance Grant (JAG) Program. Compliance with these requirements will be monitored by BJA. 11. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 12. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.oip gov/defaultaspx~area=policyAndPractice&page-1046. 13. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to 4of5 20A-40 ATTACHMENT E 2009-DJ-BX-0033 fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or asub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faithbased organizations may, in some circumstances, consider religion as a basis for employment. See http://www.oip.gov/about/ocr/equal fbo.htm. 14. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must ` conform to the grant program requirements as stated in BJA program guidance. 15. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 16. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 17. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 18. The grantee agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online (internet-based) task force training to be provided fi-ee of charge through BJA's Center for Task Force Integrity and Leadership. This training will address task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.ore). 19. The recipient agrees to submit to BJA for review and approval any curricula, training materials, proposed publications, reports, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. Any written, visual, or audio publications, with the exception of press releases, whether published at the grantee's or government's expense, shall contain the following statements: "This project was supported by Grant No.2009-DJ-BX-0033 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and the Office for Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United State Department of Justice." The current edition of the OJP Financial Guide provides guidance on allowable printing and publication activities. 20. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received documentation demonstrating that the state or local governing body review and/or community notification requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special condition 5 of 5 20A-41 20A-42 REQUEST FOR COUNCIL ACTION ~ { CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended CONTRACTS RENEWAL FOR ? As Amended sc ? Ordinance on 1 Reading FIRE DEPARTMENT UNIFORMS ? Ordinance on 2"d Reading (SPEC . NO . 0 6 -16 8 ) ? Implementing Resolution ? Set Public Hearing For CONTINUED TO r,,,, FILE NUMBER CITY MANAGER RECOMMENDED ACTION Renew the contracts with Carmen's Uniforms, Inc. and Galls, An Aramark Co. LLC, for Fire Department uniforms for a one-year period in an annual aggregate amount not to exceed $120,000. DISCUSSION The Fire Department requires uniforms to outfit new personnel and to provide replacement uniforms when necessary for approximately 225 employees. Uniforms identify department personnel by assigned duties and provide a professional appearance. In addition, other agencies provide uniforms, shirts and miscellaneous items such as belts and boots for their normal operations and to comply with safety requirements. On December 4, 2006, the City Council awarded a contract to Carmen's Uniforms, Inc. and Galls for a three-year period with provision for two one-year renewals. The vendors have performed satisfactorily during the past contract period and have agreed to renew the contract without an increase in pricing. Staff recommends the first renewal of the contract. The annual amount is based upon past usage and staff's projection for the next year. FISCAL IMPACT Funds are available in the Fire Department Uniforms & Tools account (no. 01115360 63100) for $100,000 and various departmental Miscellaneous Office Expenses account (no. 63001) for $20,000. APPROVED AS TO FUNDS AND ACCOUNTS: Marc Martin ~ Francisco Gutierrez Fire Chief 22A_~Executive Director Finance & Mgmt Services Agency ..,,R 22A-2 REQUEST FOR ~ COUNCIL ACTION ~ r CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended CONTRACT AMENDMENT FOR ? As Amended sc ? Ordinance on 1 Reading MISCELLANEOUS ELECTRICAL ? Ordinance on 2nd Reading SUPPLIES ? Implementing Resolution (SPEC . NO . 0 9 - 0 56 ) ? Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Amend the contract with Curley Wholesale Electric for miscellaneous electrical supplies by $25,000 for an annual amount not to exceed $50,000. DISCUSSION The City establishes an annual list consisting of vendors that provide supplies and services that are required on a consistent basis. Curley Wholesale Electric has been a provider of miscellaneous electrical supplies, such as circuit breakers, fuses, relays and tools, for the maintenance of City facilities. Curley Wholesale Electric, a Santa Ana vendor, offers reliable service, competitive pricing, and has consistently been the lowest responsive bidder on low cost items. Due to an increase in demand for electrical supplies and special purchases of motor lead wires and fuses for the Public Works Agency's Water Resources Division, the contract exceeds the $25,000 aggregate limit and requires City Council approval. The recommended action will allow for the uninterrupted purchases of electrical supplies while staff solicits bids for future electrical supply needs. FISCAL IMPACT Funds are available in the various departmental Operating Miscellaneous Office Expense accounts (no.63001). 't Francisco Gutierrez Executive Director Finance & Management Services Agency W° 22B-1 22B-2 REQUEST FOR Q _ COUNCIL ACTION ~ ~ ~ ' CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended CONTRACT AWARD FOR PREPAID ? As Amended sc ? Ordinance on 1 Reading GASOLINE CARDS ? Ordinance on 2"d Reading (SPEC . NO . 0 9 - 0 51) ? Implementing Resolution ? Set Public Hearing For CONTINUED TO ~ FILE NUMBER CI Y MANAGER RECOMMENDED ACTION Award a contract to SVM, LP for the purchase of prepaid gasoline cards for a two-year period, with provision for two one-year renewals, in an annual amount not to exceed $85,000. DISCUSSION The Community Development Agency's Santa Ana WJO/R/K Center manages several programs including Workforce Investment Act (WIA), American Recovery and Reinvestment Act (ARRA) and special projects. Participant clients are offered a variety of supportive services including gasoline vouchers to facilitate their ability to find and retain employment. The prepaid gasoline-only card program enables clients to purchase competitively priced gasoline at their local neighborhood gas stations as opposed to a single station. Based on the receipt of the ARRA Workforce funds, the number of prepaid gasoline cards issued to eligible clients has increased. Approval of the contract will allow the City to continue to provide gas cards to program participants. SVM, LP, a provider of major brand gift and theater discount cards, is the sole source provider for Chevron prepaid gasoline cards. Chevron was selected based on their low surcharge fee and numerous locations throughout Orange County. Personnel Services Agency also purchases various gift cards from SVM as employee incentives for the Ride Share Program. Other departments may also opt to purchase gift cards from SVM for various incentive programs. 22C-1 Contract Award for Prepaid Gasoline Cards December 7, 2009 Page 2 FISCAL IMPACT Funds in the amount of $80,000 are available in the Community Development W/O/R/K Center Orange County Green Jobs Grant account (no. 12418738); DOL Literacy Grant account (no. 13218742); CA New Start Grant account (no. 12318759); ARRA SAY Program account (no. 12318736); ARRA Adult account (no. 12318737); ARRA Dislocated Worker account (no. 12318738); WIA Adult 09-10 account (no. 12318753); and WIA Dislocated Worker 09-10 account (no. 12318754); and additional agency accounts as authorized for an amount up to $5,000. APPROVED AS TO FUNDS AND ACCOUNTS: Cynthia J. Nelso Francisco Gutierrez Deputy City Manager for Executive Director Development Services Finance & Mgmt Services Agency Community Development Agency Kathie S. nzalez Executive Director Personnel Services CJN/KM/09-051 22C-2 REQUEST FOR COUNCIL ACTION . CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED CONTRACT AWARD FOR RESIDENTIAL ? As Recommended STREET REPAIR PHASE 10 (PROJECT ? As Amended ? Ordinance on 1 S' Reading NO. 106707 ) ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO ~i•;r L~`~~+^T. FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Award a contract to R.J. Noble Company, the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add- on alternate one in the estimated amount of $3,707,956.48 for construction of Residential Street Repair Phase 10. 2. Approve a Funding Analysis with a total estimated construction cost of $4,448,000. DISCUSSION This project is part of the City's $100 million investment to rebuild neighborhood streets throughout the City. Segments of local streets located south of McFadden Avenue and east of Bristol Street have been identified as a high priority for rehabilitation in the City's Pavement Management System (Exhibit 1). The pavement is deteriorating due to weather, age and heavy usage. Some of the adjacent curbs, gutters, sidewalks, cross gutters and wheelchair ramps are also in various states of disrepair and require replacement. The project provides for recycling of existing asphalt pavement with the cement treated base process and replacement of damaged concrete curbs, gutters, sidewalks, and curb ramps. Once completed, these improvements will enhance the ride quality, surface drainage and visual appearance of the neighborhood. The Notice Inviting Bids was advertised on October 28 and 30, 2009, and bids were opened on November 9, 2009. A summary of the bid invitations mailed, the bids received, and the bid results follows. 23A-1 Contract Award For Residential Street Repair Phase 10 December 7, 2009 Page 2 Santa Ana Contractors receiving notices: 14 Contractors requesting bidding documents: 7 Bids received: 5 Bids received from Santa Ana Contractors: 1 BID AMOUNT NAME OF RESPONSIVE BIDDER CITY PLUS ADD-ALT1 1. R.J. Noble Company Orange $3,707,956.48 2. Hardy & Harper, Inc. Santa Ana $3,805,735.00 3. All American Asphalt Corona $3,873,818.00 4. Elite Bobcat Service, Inc. Corona $4,152,994.80 5. Excel Paving Company Long Beach $4,243,277.76 A total of five bids were received and all were responsive. The lowest base bid plus add-on alternative one was submitted by R.J. Noble Company, for $3,707,956.48, which is below the Engineer's estimate of $4,673,390.92. PNVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2009-168 will be filed for the project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $4,448,000 for the project (Exhibit 2). Funds are available in the Public Works Account for Residential Street Repair (accounting unit05817661-66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godine II Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency K:\Construction\RFCA-draft\12-07-09 ResStRepair Ph10 rjnoble 100WD ET.docx 23A-2 ~ are. iLJ LLI LL"7 W U U U U IwvEnrtlLJ U UU l~J raLr R ~ ~l ~ ~I ~w ~ r YCRADOBI A r pro - ~ ~ ~a R ~ooo aoo ~ 00000000 a~~®~~ ~ 3 lob WO .r •r a v ' ~ O r t ~1116Er ST~ r 11 ~ ~®~aao ao ~ ~ ~ R J a~~""'~ K ~al r l s•~r 3 ~ ~ 9 ! ~ ~ ~ !•IIT R R p a ~ ~ m~~aaaoaao •r ~ . r o®a ~~a~oaa .r ~Aw~ AY *srrrr ~ E ® ~ p~~d GGG T y ` A'yydy r 1 f ti d a y ~ ~ l r ~ ~ ora eo ' ~ ~ r' o~ v ~ 9 1.... p~ 9 ~ I ~'v 6 •r d w` ~ V. ~ laEn •r y ~ ~ ~ r •r y E..EL .r ~ Q3> ~q O, r Elur[ w ~ ~ ! J` ~ J • ~ aR w ~ 4T y \ r TELL •r ~ ~ 4 ~ J r 1 777 w ~ tw •Lwl •r rrrE •r fi 6 r ~ a llErfl6 •Y ' s'' Tel AIAlLO~l11 AY ~ / l7 / ~ @3 - PROJECT LOCATION ~oJC,pT~oN ~'Qsa EXHIBIT ~ CITY OOl~1CIL CONTRACT AWARD FOR ~ ~ ¦ ; ' ; ~ AOENDA DATES LOCAL STREET PAVEA~NT REFiABLfTATiON DF_CR 7, 2009 RESIDENTIAL STREET REPAH - PHA8E 10 ~ r~:~,~ ~ ~ (PRO.IECT NO.106707) FUNDING ANALYSIS PROJECT NO. 106707 RESIDENTIAL STREET REPAIR - PHASE 10 Construction Contract $3,707,957 Contract Administration $170,566 Inspection and Testing $198,682 Contingencies $370,795 TOTAL ESTIMATED CONSTRUCTION COSTS 4 448,000 I' Exhibit 2 23A-4 w REQUEST FOR COUNCIL ACTION ~ ~ ~.;'F*F CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED CONTRACT AWARD FOR RECYCLED ? As Recommended WATER CONSERVATION PROJECT ? As Amended (PROJECT NO . 0 9 - 3 215 ) ? Ordinance on 1 s, Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO F - f FILE NUMBER CITY MA AGER RECOMMENDED ACTION 1. Award a contract to Guerrero Backhoe Service, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $195,240 for construction of the Recycled Water Conservation Project. 2. Approve a Funding Analysis with a total estimated construction cost of $253,800. DISCUSSION This project will convert irrigation systems from potable water to recycled water at Griset Park, Carl Thornton Park, Centennial Park, and the median islands on MacArthur Boulevard and Bear Street (Exhibit 1). The project is part of the City's water conservation efforts to reduce our dependence on imported water. The Notice Inviting Bids was advertised on October 9 and 12, 2009, and bids were opened on November 5, 2009. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 7 Contractors requesting bidding documents: 14 Bids received: 6 Bids received from Santa Ana Contractors: 0 23B-1 Contract Award For Recycled Water Conservation Project December 7, 2009 Page 2 NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. Guerrero Backhoe Service, Inc. Ontario $195,240 2. Yakar San Dimas $280,760 3. Mariposa Landscape, Inc. Irwindale $305,047 4. Atlas Allied, Inc. Anaheim $334,875 5. Garcia Juarez Construction, Inc. Brea $339,685 6. Belaire-West Landscape, Inc. Buena Park $410,000 A total of six bids were received and all were responsive. The lowest bid was submitted by Guerrero Backhoe Service, Inc., for $195,240, which is below the Engineer's estimate of $300,000. gNVIRONMTNTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption, ER #2009-169 has been filed. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $253,800 for the project (Exhibit 2). Funds are available in the Water Utility Capital Projects Fund (accounting unit 06617647-66301). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez I Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency K:\Construction\RFCA-draft\12-7-09 RecycledWtr 09-3215 SOWD WA.docx 23B-2 FUNDING ANALYSIS PROJECT NO. 09-3215 RECYCLED WATER CONSERVATION PROJECT Construction Contract $195,240 Contract Administration $9,274 Ins ection and Testin P g 20 000 Contingencies $29,286 TOTAL ESTIMATED CONSTRUCTION COSTS 5253,800 Exhibit 2 23B-3 m ~ ~ EDINGER AVE CENTENNIAL N T S PARK WARNER AVE PT ~RTON SEGERSTROM BEAR sTREET MEDIANS W HARBOR BLVD O ~ CONNECTION = J ~ Z NE~ANPARK ~ ~ W Q CONNECTION W ~ ~ = MACARTHUR m m BLVD ~ BEAR + TOWNER STREET CONNECTIONS VICINITY MAP EXHIBIT 1 SANTA ANA Title RECYCLED WATER pJ`AY,o~,~''p~p n City Council CONVERSION PROJECT ~ P. W /-1 . Agenda Date (PROJECT 09-3215) x, ~,~~~~~s DECEMBER 7, 2009 i } 2 - ~.o~ REQUEST FOR "~~~~s COUNCIL ACTION ~ . ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED CONTRACT AWARD FOR CABRILLO ? As Recommended TENNI S CENTER CLAY COURT ? As Amended ? Ordinance on 15t Reading (PROJECT NO . 10 2 6 0 2 ) ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO / , l ~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Award a contract to Saviano Company, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add- on alternate three in the estimated amount of $133,605 for construction of Cabrillo Tennis Center Clay Court. 2. Approve a Funding Analysis with a total estimated construction cost of $170,000. DISCUSSION On December 16, 2008, the Orange County Board of Supervisors approved an agreement with the City for the addition of a tennis court at the Cabrillo Tennis Center in the amount of $170,000. The project includes construction of a single red clay tennis court at the Cabrillo Tennis Center at Cabrillo Park (Exhibit 1). Improvements also include lighting, fencing and a subsurface irrigation system. Once completed, the project will enhance recreational opportunities for children and adults in the adjacent neighborhoods. The Notice Inviting Bids was advertised on October 9 and 12, 2009, and bids were opened on October 29, 2009. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 19 Contractors requesting bidding documents: 11 Bids received: 4 Bids received from Santa Ana Contractors: 0 23C-1 Contract Award For Cabrillo Tennis Center Clay Court December 7, 2009 Page 2 BID AMOUNT NAME OF RESPONSIVE BIDDER PLUS ADD-ON CITY ALT III 1. Saviano Company, Inc. Mountain View $133,605 2. Y&M Construction, Inc. Gardena $138,910 Westlake $182,350 3. Malibu Pacific Tennis Courts, Inc. Village 4. Court Concepts, Inc. Santee $251,513 Four bids were received and all were responsive. The lowest bid was submitted by Saviano Company, Inc. for $133,605 which is below the Engineer's estimate of $292,350. After the bid opening, Malibu Pacific Tennis Courts, Inc. sent a letter protesting Saviano's bid. They stated that Saviano's bid was not responsive because Addendum No. 2 had been submitted by fax and not in a sealed envelope as required by the bidding instructions. After reviewing all relevant documents and upon consultation with the City Attorney's Office, Public Works has determined that Saviano's original bid was submitted in a sealed envelope and that faxing addendum No. 2 to the City was a minor irregularity. Further, it did not change the amount of the bid nor did it give Saviano an advantage or benefit not allowed other bidders. Accordingly, Public Works staff recommends the contract be awarded to Saviano. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption ER No. 2009-165 was filed for this project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $170,000 for the project (Exhibit 2). Funds are available in the Public Works account for the Cabrillo Tennis Center Clay Court Project (accounting unit 16117266-66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Francisco Gutierrez Executive Dire for Executive Director Public Works Agency ~ ~ C ~l~nance & Mgmt. Services Agency Contract Award For Cabrillo Tennis Center Clay Court December 7, 2009 Page 3 u Gerardo Mouet ' Executive Director Parks, Recreation, and Community Services Agency K:\Construction\RFCA-draft\12-07-09 Cabrillo Tennis Saviano 100WD ET.docx 23C-3 ~ ~ i i J I FRUIT STREET , _ I _ ' i l ~ I ~ I i ' ~ I i l! I I I I I ~ I I I~ XISTIN~ TENNI~ COURT j j i l~ I I I I I I I ! I I - I I j D i I I I I I i~ i i Ill II I IIl irr-I I I I IEXISTI II TENNISI COURTSII I I C I "19 I I; , ~ I'I II I I;I Iii I I I II i~~ Z I I I I oo I I I I i m l I J I I I I I ~ I I I I I ~ i I ; I C RI LO ~ ; ; I I I T N S ~ i i l ~ C N I I I I I l i I I' ~ I I i I i ! ~I I~~ I i I I I _ ? I ' i i l' I I I I I; I ~I i! I! I I I I I ~ i i I i (EXISTIr~9 TENN151 COURTSI i ;1 i I.I II I I ~ ~ I i ~1 I I 'll i ! I ' i I I l i ~ I i i i I. 1~ i ! ~I ~I 6TH STREET I I ~ I ; - ~ ~ I .________,______I PROPOSED CLAY TENNIS COURTS I ~ I I I G p,T 1 Oly EXHIBIT 1 ~°J ~s~ SANTA ANA ~ ~ crrY couNa~ CABRILLO TENNIS CENTER P W A DE MBERD7A2009 CLAY COURT PROJECT (PROJECT NO. 102602) PUBLIC MURKS AGENCY FUNDING ANALYSIS PROJECT NO. 102602 CABRILLO TENNIS CENTER CLAY COURT Construction Contract $133,605 Contingencies $36,395 TOTAL ESTIMATED CONSTRUCTION COSTS $170,000 Exhibit 2 23C-5 23C-6 REQUEST FOR e1:E: COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: ~ DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended AMENDMENT OF MAINTENANCE ? As Amended AGREEMENT FOR SIMPLEX/GRINNELL ? Ordinance on 152 Reading ? Ordinance on 2"d Reading LP ? Implementing Resolution ? Set Public Hearing For CONTINUED TO l 7 r . f f°~fii ~ FILE NUMBER CITY I~/IANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to amend the existing agreement with Simplex/Grinnell LP, for an additional $14,024.40 bringing the total agreement amount to $74,024, for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On July 6, 2009, Council approved the agreement with Simplex/Grinnell LP, to provide inspection, testing, and maintenance of the city Fire Alarm System for an amount not to exceed $60,000.00. The Santa Ana Police Department requests an amendment to the existing agreement adding the annual service and maintenance of the Electronic Door Access System in an amount not to exceed $14,024. This system is proprietary and can only be serviced by Simplex/Grinnell LP. The one year service agreement will provide basic service and maintenance as described in the agreement. FISCAL IMPACT Funds are available in the Police Department's Computer Services fund (account no. 01114425-62300}. APPROVED AS TO FUNDS AND ACCOUNTS: j Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 25A-1 25A-2 FIRST AMENDMENT TO CONSULTANT AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, is entered into this l5c day of October, 2009, by and between Simplex/Gi7nnell LP, a California corporation (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. City and Consultant entered into Agreement #N-2008-160, dated December 1, 2008, for the service and maintenance of electronic door access systems (hereinaftex "sand Agreement"). i B. In accordance with the terms and conditions of said Agreement, the Parties desire to amend the scope, increase compensation, and extend the term of said Agreement for an additional one-year period, i NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: I . Section 1, SCOPE OF SERVICES, shall be amended to provide system testing and maintenance services as set forth in Exhibit A to this Amendment to Agreement. 2. Section 2, COMPENSATION, shall be amended to increase compensation to $14,024.40, plus any applicable tax, to pay for the additional services as set forth in Exhibit A to this Amendment to Agreement. 3. Section 3, TERM, shall be amended to extend the term of said Agreement for an additional one-year period through September 30, 2010. 4. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. 25A-3 IN WITNESS WHEREOF, the patties hereto have executed this First Amendment to Agreement the day and year first above written, ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Ryan O. Hodge Deputy City Attorney RECOMMENDED FOR APPROVAL: SIMPLEX/GRINNELL LP PAUL M. WALTERS (Name} Chief of Police (Title) II I I 2 5A-4 EXHIBIT A SCOPE OF SERVICES 25A-5 A Tyco /r~ternationa/ Car~»pany Safeguarding your occupants and p~ope~ty from fire ~ ~ . a~~ I j~ ~4 ~a; ~a _ ~w..lw -i City of Santa Ana Ma~•k Watson Inspection Plus Proposal i ®2009 SimplexGrinnelI LP. All rights resenxd. Page I of 8 25A-6 S~mrs/exGrinnel7 arESa~e. Pricing Summary/Scope of Work Ci#y of San#a Ana Location :See Scope of Work on Special Provisions Page. Santa Ana Police Administration Building and the Detention Facility. Access Control Systems [Test and Inspect + Labor {2417~j Quantity Freauencv Magnetic Lock 14 Quarterly Electric Door Strike 60 Quarterly Request to Exit Sensor 33 Quarterly Keypad 6 Quarterly Card Reader 60 Quarterly Card Reader Keypad Combination 14 Quarterly Door Contacts 60 Quarterly Total Annual Investment : tPiasAnyApplicableTax) $14,024.40 i Pricing. The pricing set forth lit this Agreement is based on the cumber of devices to be installed as set forth in the Scope of Work. If the actual number of devices installed is different than the number set forth in the Scope of Work, the price will be adjusted accordingly. ®2009 SimylcaGrinriell LP. All rights rc~enz3. Page 2 of8 25A-7 SPECIAL PROVlS10NS See Scope of Work on Special Provisions Page. Santa Ana Police Administration Building and the Detention Facility., Solution 1 Santa Ana Police Departmcrrt, Santa Ana Municipal Jail, Santa Ana City Hall; DIVISION 17. This agreement provides for the follow'sng and it will supersede associated Language within the agreement. This is a full service agreement. The equipment covered is the C-Cme 9000 System and the field devices that are listed on Pricing Summary page of this agreement. Also included is replacement of the ISC Controllers in the event of card failure. Services include: Battery Replacement and Software upgrades and Software Support Agreement. EMERGENCY SERVICE CALL AND LABOR: For products specified within this provision 24-hour/7-day Service (Provided 24 hours a day, 7 days a week, including holidays). This provision includes labor, travel and mileage charges for repairs associated with normal equipment failures. Emergency service response time shall be provided within 24 hours. This provision provides labor to troubleshoot and diagnose system problems, and the labor to replace failed devices. Phone response to service request shall be within hvo hours. On-site response shall be within six Erours for critical system service. SimplexGrinneli wiliprovide asite box (22W x lOH x B.SD) to store spare parts to support the system. The box is to be mounted on the wall in a space designated by the City of Santa Ana. x2009 Simp[eaGrinntll kP. AI I righa resm'rd. Paga 3 of S 25A-8 SERVICE AGREEMENT This agreement is made by and between City of Santa Ana ('Customer') and SimplexGrtnnell lP {'Company) and is effective as of 10/01/2009 to 09/30!2010. Customer agrees to purchase and Company agrees to provide the Services, as defined herein, and materials as set forth in this Agreement subject to the terms and conditions of this Agreement. SCOPE OF WORK Services v4tl ba provided at the following locations: See Scope of Work on Special Provisions Page. Santa Ana Police Administration Building and the Detention Facility. Service(s) and pricing: TOTAL ANNUAL PRICE (Plus Any Applicable Tax) Fourteen Thousand Twenty--Four Dollars and 40 Cents 014,024.40). Payment Terms: Payment is due upon receipt of Invalce. Payment far Service(s) shall fie tolaE contract CUSTOMER ACCEPTANCE to accepting this proposal, Customer agrees to iha terms and conditions contained herein and any attachments or riders attached hereto that contain additional i terms and conditions. It is understood that these terms and conditions shall prevail over any variation in terms and conditions on any purchase order or other document that the Customer may issue. Any changes In the system requested by ttte Customer after the execution of this Agreement shall be paid for by the Customer and such changes shall be authorized in writing. ATT@NTION IS DERECTED TO THE LIMITATION OF LIABILITY, WARRANTY, iNDEMNiTY AND OTHER CONDITIONS CONTAINED IN TIi1S AGREEMENT. CUSTOMER City of Santa Ana SIMPLEXGRINNELL LP 60 Civic Center Plaza 1701 West Sequoia Santa Ana, CA 92701 Orange, CA 92868 By: By: Print Name: Mark Watson Print Name: Danny Beck TIUa: Title: Contracts Administrator Phone#:714-245-8042 Phone Number:714-870-1010 Fax#:714-245-8098 Fax Number:714-939-9104 Customer email : mwatson@santa-ana.org E-Mail Address: danbeck@simplexgrinneil.com PO# : License Number {if app[igble): {Customer)# : Date Date Authorized Manager Terms and Conditions 1. Term. The initial term of this Agreement shalt increased accordingly. Company may increase with laws or regulations unless specifically stated in commence on the Effective Data and continue for prices upon notice to the Customer or annually to the Scope of Work. Customer acknowledges that one (f) year (the "Initial Term"). Atthe conclusbn of reflect Increases In material and labor costs. the Authority Raving Jurisdiction (e.g. Fire Marshal) the Initial Term, this Agreement shalt automatically Customer agrees to pay all taxes, permits, and may establish additional requirements for extend for successive terms equal to the initial other charges, inGuding but not Ilmited to state and compliance with local codes. Any additional Term unless either party gives wdtten notice to the total sates and excise taxes, installation or alarm services or equipment required will be provided at other parry at least thirty (36) days prior to the end permits, false alarm assessments, or any charges an additional cost to Customer. ofthathen-current term. 'smposedbyanygovernmentbody,however 8. Llmitatlon Of Lfabliity; Llmitafions Ot 2. Payment. Payments shalt be invoiced and due in designated, levied or based on the service charges Remedy. It 3s understood and agreed by the accordance wish the terms and conditions set forth pursuant to this Agreement. The Customers failure Customer that Company is not an Insurer and above. Work performed on a lima and material to make payment when due is a material breach of that lnsuranee coverage, if any, shall be basis shall be at the then-prevailing Company rate this Agreement. obtained by the Customer and that amounts for material, labor, and related items, in effect at the 4. Alarm Monitoring Services. Any reference to payable to company hereunder era based upon time supplied underlhisAgreement. alarm monitoring services in this Agreement is the value of the services and the scope of 3. Pricing. The prlcing set forth in thlsAgreement is Included for pricing purposes only. Alarm monitoring liability sat forth in this Agreement and are based on the number of devices to be installed and services are performed pursuant to the terms and unrelated to the value of the Customer's services to be performed asset forth In the Scope conditions of Company's standard alarm monitoring property and the properly o(others Located on of Work. If the actual number o€devlces Installed or services agreement. the premises. services to be performed is greater than that set 5. Code Compliance. Company does not Customer agrees to look exclusively to the forth in the Scope of Work, the price will be undertake an obligation to inspect for compliance Customefs insurer to recover for }nJuries or 97009 SimplexGrinnell CP. All righ~rarnrd. SG4269R6 (Rev. 01109) 337780t06S Page5of8 25A-9 t r ~ SERVICE AGREEMENT (continued) damage in the event of any loss or injury and against, response to, or recovery from such Act of and monitoring services, of scheduled testing that Customer releases and waives all right of Terrorism. and/or repair of systems; recovery against Company atising by way of 8. General Provisions. Customer has selected the Provide a safe work environment; subrogation. Company makes no guaranty or service level desired after considering and In the event of an emergency or Covered warranty, Including any Implied warranty of balancing various levels of protection afforded, and System(s) failure, take reasonable precautions to merchantability or fitness for a particular their related costs. Customer acknowledges and protect against personal injury, death, andlor purpose that equipment or services supplied by agrees that by this Agreement, Company, unless property damage and continue such measures until Company will detector avert occurrences or the specifically stated, does not undertake any the Covered System(s) are operational; and consequences therefrom that the equipment or obYigatiort to maintain or render Customer's system Comply with all laws, codes, and regulations service was designed to detector avert. or equipment as Year 2000 compliant, which shall pertaining to the equipment andlor services Il is impractical and extremely difficult Eo fix the mean, capable of correctly handling the processing provided under thisAgreemenL actual damages, It any, which may proximately of calendar dates before or after December 31, 10. Repair Services {lf Selected by Customer). result €rom failure on the part of Company to 1999.. All work to be performed by Company will Where Customer expressly irtciudes repair, perform any of Its obligations under this be performed during normal working hours of replacement, and emergency respanse services in Agreement. Accordingly, Customer agrees that, normal working days (8:00 a.m. - 5:00 p.m., the Scope of Work section of this Agreement, such Company shall be exempt from IEabillly for any Monday through Friday, excluding Company services apply only to the components or equipment loss, damage or tnJury arising directly or holidays}, as defined by Company, unlessadditfonal of the Covered System(s). Customer agrees io indirectly from occurrences, or the Company will perform the services described in the promptly request repair services In the event the consequences therefrom, which !ha equipment Scope of WorK section {°Services") for ono or more Systom becomes inoperable or otherwise requires or service was designed to detect or avert. system(s) ar equipment as described in the Scope repair. The Agreement price does not include Should Company be found liable for any loss, of Work section or the listed attachments ("covered repairs to the Covered System(s) recommended by damage or tnJury arising from a failure of the times are speclf:cally described in this Agreement. Company during the Initial inspection, forwhlch equipment or service in any respect, Company's All work performed unscheduled unless otherwise Company will submit independent pricing to liability shall be limited to an amount equal to specified in thfsAgreemenl. Appointments customer and as to which Company will not the Agreement price (as increased by the price scheduled for four-hour window, Additional charges proceed anti! Customer authorizes such work and for any additional work) or where the time and may apply for spacial scheduling requests, e.g. approves the pricing. Repair or replacement of materlai payment term is selected, Customer's working around equipment shutdowns, after hours non-maintainable parts of the Covered System(s) time and material payments to Company. Where work. Including, but not limited to, unit cabinets, insulating this Agreement covers multiple sites, iiabitity System(s)"}. UNLESS OTHERWISE SPECIFIED IN material, electrical wiring, structural supports, and shalt be limited to the amount of the payments THIS AGREEMENT, ANY INSPECTION (AND, iF alt other non-moving parts, is not Included under allocable to the site where the Incident SPECIFIED, TESTING)PROVIDEDUNDERTHIS this Agreement. occurred. Such sum shall be complete and AGREEMENT DOES NOT INCLUDE ANY 11. System Equipment. The purchase of exclusive. Ii Customer desires Company to MAINTENANCE, REPAIRS, ALTERATIONS, equipment or peripheral devices, (including but noT assume greaterliabllity,thapartiasshallamend REPLACEMENT OF PARTS, OR ANY FIELD IEmtted to smoke detectors, passive infrared this Agreement by attaching a ridersetting forth ADJUSTMENTS WHATSOEVER, NOR DOES IT detectors, card readers, sprinkler system the amount of additional liability and the INCLUDE THE CORRECTION OF ANY components, extinguishers and hoses} from additional amount payable by the Customer for DEFICIENCIES IDENTIFIED 8Y COMPANY TO Company shall be subject to the terms and the assumption by Company of such greater CUSTOMER. COMPANY SHALL NOT 8E oondiltonsofthfsAgreemenl. If, in Company's sole liability, provided however that such rider shall RESPONSIBLE FOR EQUIPMENT FAILURE Judgment, any peripheral device or other system In noway be Interpreted to hold Company as an OCCURRING WHILE COMPANY IS IN THE equipment, which is attached to the Covered insurer. IN NO EVENT SHALL. COMPANY BE PROCESS OF FOLLOWING ITS INSPECTION System{s), whether provided by Company or a third LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR TECHNIQUES, WHERE THE FAILURE ALSO party, interferes witfi the proper operation otthe ANY OTHER CLAIM ARISING FROM ANY RESULTS FROM THE AGE OR OBSOLESCENCE Covered System(s), Customer shelf remove or SERVICING, ALTERATIONS, MODIFICATIONS, OF THE ITEM OR DUE TO NORMAL WEAR AND replace such device or equipment promptly upon CHANGES, OR MOVEMENTS OF THE COVERED TEAR. THIS AGREEMENT DOES NOT COVER notice from Company. Failure of Customer to 3YSTEM(S} OR ANY OF ITS COMPONENT SYSTEMS, EQUIPMENT, COMPONENTS OR remove or replace the device shall constitute a PARTS BY THE CUSTOMER OR ANY THIRD PARTS THAT ARE BELOW GRADE, BEHIND material breach of this Agreement. if Customer PARTY.COMPANYSHALLNOTBELIASLEFOR WALLS OR OTHER OBSTRUCTIONS OR adds any third party device or equipment to the INDIRECT, INCIDENTAL OR CONSEQUENTIAL EXTERIOR TO THE BUILDING, ELECTRICAL Covered System(s), Company shall not be DAMAGES OF ANY KIND, INCLUDING BUT NOT WIRING, AND PIPING. responsible for anydamage to or (allure of the LIMITED 70 DAMAGES ARISING FROM THE 9. Customer Responsibilities. Customer steal! Coveted System(s) caused in whole or in part by USE, LOSS OF THE USE, PERFORMANCE, OR promptly notify Company of any malfunction in the such device or equipment. FAILURE OF THE COVERED SYSTEM(S) TO Covered System(s) which comes to Customer's 12. Reports. Where inspection andlor test services PERFORM. The limitations of tlab111ty set forth in attention. This Agreement assumes any existing are selected, such inspection andlor test shall be this Agreement shall inure to the benef(t of all systems} are in operationa4 and maintainable completed an Company's then current Report form, parents, subsidiaries and affiliates of company, condition as of the Agreement date. If, upon initial which shall be given to Customer, and, where whether d#rect or Indirect, company's inspection, Company determines that repairs are applicable, Company maysubmitacopythereofto employees, agents, officers and directors. recommended, repair charges will be submitted for the focal authority having jurisdiction. The Report 7. Reciprocal Waiver of Claims (SAFETY Act). approval by Customers on-site representative prior and recommendations by Company are only Certain of SimpfexGrinnail's systems and services to work. Should such repair work be declined, advisory in nature and are intended to assist have received Certification andlor Designation as Company sha[I be relieved from any and all Liability Customer in reducing the risk of loss to property by Qualified Anti-Terrorism Technologies {°QAT7") arising Eherefrom. ind[cating obvious detects or impairments noted to under the Support Anti-terrorism by Fostering Customer further agrees to: the system and equipment inspected andlor lasted. Effective Technologies Act of 2002, 6 U.S.C. Provide Company clear access to Covered They are not intended to imply that no other defects 441-444 (the `SAFETY Act"). As required under 6 System{s} to be serviced including, if applicable, I€ft or hazards exist or that all aspects of the Covered C.F.R.25.5{e}, to the maximum extent permitted by trucks or other equipment Headed fa reach System(s), equipment, and components are under law, SimpiexGrinnellend Customer hereby agree to inaccessible equipment; control ai the lime of inspection. Final responsibility waive their right to make any claims against the Supply suitable electrical service, heat, heat for the condition and operation of the Covered other for any losses, Including business interruption irar,Ing adequate water supply, and required system System(s) and equipment and components ties with losses, sustained by either party or their respective schematics andlor drawings; Customer. employees, resulting from an actlvlry resulting from Notify elf required persons, including but not an °ACt of Terrorism` as defined in 6 C.F.R. 25.2, limited to authorities having jurisdiction, employees, when QA7T have been deployed In tlefense a20e9 SimpiexGritmelt LP. All rights resenrd SGd269R6 (Rev.OIlA9) S327S01063 Page 6 of 8 25A-10 Ill~flfli~~ SERVICE AGREEMENT (continued) 13. Confined Space. If access to confined space tosses, damages, costs, including expert tees and responsible for delays or failure to render services by Company is required for the performance of costs, and expenses Inctuding reasonable defense dus to causes beyond its control, including but not Services, Services shall be scheduled and costs, arising from any and alt third party Gaims for limited to material shortages, work stoppages, fires, performed in accordance with Company's personal injury, death, property damage or civil disobedience or unrest, severe weather, lire or than-current hourly rate. economic loss, including specifically any damages any other cause beyond the oontroS of Company. 14. Hazardous Materials. Customer represents resulting from the exposure of workers fo 21. Termtnatiort. Company may terminate this that, except to the extent that Company has bean Hazardous Conditions whether or not Customer Agreement immediate[y at its sole discretion upon given written notice of the following hazards prior to pre-notifies Company of the existence of said the occurrence of any Event of Default as the execution of this Agreement, to the best of hazardous conditions, arising in any way from any hereinafter defined. Company may also terminate Customers knowledge there is no: act ar omtsslon of Customer or Company relating in this Agreement at its sofa discretion upon notice to • 'Permit confined space; asdafinedbyOSHA, anyway to this Agreement, including but not limited Customer if Company's performance of its • Risk ofinfeGiousdisease, tofhaServicesunderthisAgreement,whethersuch obligations under this Agreement becomes • Need for air monitoring, respiratory protection, or claims era based upon contract, warranty, tort impracticable due io obsolescence of equipment at other medical risk, (including but not limited to active or passive Customers premises or unavaifabilityof parts. Asbestos, asbestos-containing material, negligence), strict liability or otherwise. Company 22. No Option to Sollelt. Customer shall not, formaldehyde or other potentially toxic or otherwise reserves the right to select couasel to represent it in directly or indirectly, on ifs own behalf or on behalf hazardous material contained in or on the surface of any such action. of any other person, business, corporatbn or entity, the floors, walls, ceilings, insulation or other 17. insurance. Customer shall name Company, its solicit or employ anyCampany employee, or induce structural components of the area of any building officers, employees, agents, subcontractors, any Companyemptoyee to leave his or her where work is required to be performed underthis suppliers, and representatives as additional employment with Company, for a period of two Agreement. insureds on Customer's general liability and auto years after the termination of this Agreement. All of the above are hereinafter referred to as liability polldes. 23. Default. An Event of Default shall be 1) falfure 'Hazardous Conditions". Company shall have the 18. Exclusions. This Agreement expressly of the Customer to pay any amount within ten (10) right to rely on the representations listed above. excludes, without limitation, testing Inspection and days after the amount is due and payable, 2) abuse If hazardous conditions are encountered by repairof duct detectors, beam defectors, and UV/tR of the System or the Equipment, 3) dissolution, Company during the course of Company's work, the equipment; provision of fire watches; clearing of ice termination, discontinuance, insolvency or business discovery of such materials shall constitute an event blockage; draining of improperly pitched piping; failure of Customer. Upon the occurrence of an beyond Company's control and Company shall batteries; recharging of chemical suppression Event of Default, Company may pursue one or have no obligation to further perform fn the area systems; reloading of, upgrading, and maintaining more of the following remedies, 1) discontinue where the hazardous conditions exist until the area compulersothvare; making repairs or replacements furnishing Services, 2) by written notice to has bean made safe by Customer as certified in necessitated by reason of negligence or misuse of Customer declare the balance of unpaid amounts writing by an independent testing agency, and components or equipment or changes to due and to become due under the this Agreement Customer shall pay disruption expenses and Customer's premises, vandalism, corrosion to ba immediately doe and payable, provided that re-mobfllzation expanses as determined by (irtciudtng but not limited to micro-bacterlal3y all past due amounts shag bear interest at the rate Company. induced corrosion ("MIC"}}, power failure, current of 1 % per month (18% per year) or the highest This Agreement does not provide for the cost of fluctuation, failure due to non-Company installation, amount permitted by law, 3) receive immediate capture, containment or disposal of any hazardous lightning, etecUical storm, or other severe weather, possession of any equipment for which Customer waste materials, or hazardous materials, water,accident, fire, acts of God or any other cause has not paid.4)proceedatlaworequitytoenforce encountered in any of the Cavared System(s) externs! to the Covered System{s}.This Agreement performance by Customer or recover damages for andior during performance of the Services. Said does not cover and specifically excludes system breach of lhisAgreement, and b) recover all costs materials shall at all times remain the responsibility upgrades and the replacement of obsolete systems, and expanses, including without limitation and property of Customer. Company shall not be equipment, components or parts. All such services reasonable attorneys' fees, in connection with responsible for the testing, removal or disposal of may be pravided by Company at Company's sole enforcing or attempting to enforce this Agreement. such hazardous materials. discretion at an additional charge. If Emergency 24.One-Year Lfmitatlon On Actions; Choice Of 15. Limited Warranty. COMPANY WARRANTS Services are expressly included in the scope of law. It is agreed that no suit, or cause of action or THAT ITS WORKMANSHIP AND MATERIAL work section, the Agreement price does not inGude other proceeding shall he brought against either FURNISHED UNDER THIS AGREEMENT WILL travel expenses. party more than one (1) yearaiter the accmat of the BE FREE FROM DEFECTS FOR A PERIOD OF i8. Availability and Cost of Steel, Piastres cause of action or one (1) year after the claim NINETY {80) DAYS FROM THE DATE OF & Other Commodities. Company shall not be arises, whichever is shorter, whether known or FURNISHING. Where Company provides responsibieforfalluretoprovidesarvices,deliver unknownwhaniheclaimarisesorwhetherbasad product or equipment of others, Company wilt products, ar otherwise perform work required by this on tort, contract, or any other legal theory. The laws warrant the produat or equipment only to the Agreement due to tack of available steel products or of Massachusetts shat) govern the validity, extent warranted by such third party. EXCEPT products made from plastics or other commodities. enforceability, and interpretation of this Agreement. AS EXPRESSLY SET fORTH HEREIN, (ijtntheeveniCompanyisunable,afterreasonable 25.Assignment. Customer may not assignthts COMPANY DISCLAIMS ALL WARRANTIES, commercial efforts, io acquire and provide steal Agreement without Company's prior written EXPRESS OR IMPLIED, INCLUDING BUT NOT products, or products made from plastics or other consent. Company may assign ibis Agreement LIMITED TO ANY IMPLIED WARRANTIES OF commodities, if required to perform work required ,,vithout obtaining Customer's consent. MERCHANTABILITY OR FITNESS FORA by this Agreement, Customer hereby agrees that 28. Entire Agreement. The parties intend this PARTICULAR PURPOSE WITH RESPECT TO Company may terminate the Agreement, or the Agreement, together with any attachments or THE SERVICES A E R F O R M E D O R 7 H E relevant portion of the Agreement, at no addhianai Riders (collectively the 'Agreement") to be the final, PRODUCTS, SYSTEMS OR EQUIPMENT, IF ANY, cost and without penally. Customer agrees to pay complete and exclusive expression of their SUPPORTED HEREUNDER. COMPANY MAKES Company in full for all work performed up to the Agreement and the terms and conditions thereof. i NO WARRANTY OR REPRESENTATION,AND tfrneofanysuchtermination.{ii)ifCompanyisable This Agreement supersedes all prior UNDERTAKES NO OBLIGATION TO ENSURE BY to obtain the steel products or products made from representations, understandings or agreements THE SERVICES PERFORMED UNDER THlS plastics or other commodities, but the price of any between the parties, written or oral, and shall AGREEMENT, THAT COMPANY'S PRODUCTS of the products has risen by more than 10% from constitute the sole terms and conditions of sate for OR THE SYSTEMS OR EQUIPMENT OF THE the date of Iha bid, proposal or date Company all equipment and services. No waiver, change, or CUSTOMER WILL CORRECTLY HANDLE THE executed this Agreement, whichever occurred first, modification of any terms or conditions of this PROCE5SlNG OF CALENDAR DATES SEFORE then Company may pass through that increase Agreement shall be binding on Company unless OR AFTER DECEMBER 37,1989. through a reasonable price increase to reflect made in writing and signed by an Authorized 16. Indemnity. Customer agrees to indemnify, hold increased cost at materials. Representative of Company. harmless and defend Company against any and all 20. Farce Majeure. Company shat l not be 27. Severabillty. IE any provision of this Agreement i~2004 5implesGrinnell LP. Afl rigAts ztsend. SG4269R6 tRev. 01 rD9) 4327801063 Page 7 of 8 25A-11 SERVICE AGREEMENT (continued) is held by any court or other competent authority to be void or unenforceable in whole or in part, this Agreement will continue to be valid as to the other provisions and the remainder of the affected provision. 28. Legal Fees. Company shall be entitled to recover from the Customer alt reasonable legal fees incurred in connection with Company enforcing the Corms and conditions of this AgreemenE. 29. License Information (Security Systom Customers): Al Alabama Electronic Security Board of Licensure 7956 Vaughn Road, PMB 392, Montgomery, Alabama 36116 (334j 264-9388: AR Regulated by: Arkansas Board of Private invesltgators and Private Security Agencies, #1 State Police Plaza Drive, Little Rock 72209 (501)818-860D: CA Alarm company operators are licensed and rogulated by the Bureau of Security and Investigative Services, Department of Consumer Affairs, Sacramento, CA, 95814. llpon completion of the installation of the alarm system, the alarm company shall thoroughly instruct the purchaser in the proper use of the alarm system. Failure by the Licensee, without Segal excuse, to substantially commence work within 20 days from the approximate dale specified in the agreement when the work will begin is a violation of the Alarm Company Act: NY Licensed by the N.Y.S. Department of the State: TX Texas Commission on Private Security, 5805 N. lamer Bivd., Austin, TX 78752-4422, 512-424-7710. license numbers available at www.simplexgrinnetl.com or contact your focal SimptexGrinnelluffice. 'I~ L20W SimplezGrinneil S.P. Ail righa rcsenrd. SGi269R6 (Rev.Ofl09} 41278e106g Page Sofa 25A-12 REQUEST FOR . COUNCIL ACTION ,=T~~ ~-v~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED AGREEMENT WITH SIEMENS ? As Recommended ? As Amended BUILDING TECHNOLOGIES FOR ? Ordinance on 15` Reading PREVENTIVE MAINTENANCE AND ? Ordinance on 2"d Reading REPAIR OF THE FIRE ALARM ? Implementing Resolution SYSTEM AT THE POLICE ? Set Public Hearing For ADMINISTRATION AND HOLDING FACILITY CONTINUED TO ~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached agreement with Siemens Building Technologies for the maintenance and repair of the fire alarm system at the Police Administration and Holding facility for one year, with provision for two, one-year renewals, in an annual amount not to exceed $38,000 subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Administration and Holding facility is equipped with a sophisticated fire monitoring and alarm system that protects the property and personnel who work and visit the facility. The agreement provides for annual maintenance and repair of the system, which includes materials, skilled labor, technical supervision, tools, supplies, and testing equipment. In addition, statutory inspections will be performed in order to maintain the fire alarm system in first class operating condition. The inspections will ensure operation of the system that meets all applicable laws and regulations. On October 1, 2009, requests for proposal were mailed to four vendors. On November 2, 2009, two proposals were received, (one vendor declined the invitation, and one did not reply to the proposal). The proposal from Siemens Building Technologies was responsive to the specifications and meets the City requirements. A contingency of $5,000 is included. 25B-1 Agreement for Fire Alarm Maintenance December 7, 2009 Page 2 FISCAL IMPACT Funds are available in Police Maintenance Other Contractual Services account (no. 01114403-62300). APPROVED AS TO FUNDS AND ACCOUNTS: _ ~ a ~ Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Finance & Mgmt. Services Agency 25B-2 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this 7t" day of December, 2009 by and between Siemens Building Technologies, Inc. (Fire Safety Division), a California Corporation (hereinafter "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 (hereinafter « qty RECITALS A. The City desires to retain a Contractor having special skill and knowledge in maintenance and repair of fire alarm systems. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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 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 Contractor shall perform fire alarm maintenance and repair services for the Police Administration and Holding Facility, as set forth in Exhibit A, attached hereto. City may require additional services or parts, which may be approved by a writing executed by the Executive Director of Finance and Management Services or his designee. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its test and inspection services, an annual fee of $28,975.00, payable in quarterly payments of $7,243.75. If additional parts or services are necessary, said services shall be provided at the rates set forth in Appendix A "Discounted Labor & Material Pricing (Active Service Agreement Customers). Additional parts shall be priced pursuant to Contractor's Parts Price List on file with the City's Building Maintenance Superintendent. The total sum to be expended under this Agreement shall not exceed $38,000.00, annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not i 25B-3 be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on January 1, 2010 and terminate on December 31, 2010, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for up to two additional one-year terms, at the option of the City, exercisable by the City Manager. 4. INDEPENDENT CONTRACTOR 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. 5. 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. Consultant shall maintain commercial general liability insurance which 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. 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 provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against 2 25B-4 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. 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 furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. £ 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 effect 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. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor 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 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 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. 3 25B-5 7. 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. 8. CONFLICT OF INTEREST CLAUSE Contractor 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. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.~. BOX 1988 Santa Ana, CA 92702-1988 (714) 647-6956 (telefacsimile) With courtesy copies to: Finance and Management Services Agency Building Maintenance Division City of Santa Ana 20 Civic Center Plaza (M-20) Santa Ana, California 92702 telefacsimile (714) 647-5421 4 25B-6 and: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. BOX 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Siemens Building Technologies Mr. Bob Bernstein 10775 Business Center Drive Cypress, California 90630 Fax: (714) 908-1619 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 telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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, that terms and conditions hereof, shall not bind or obligate Contractor nor 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. 11. 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. 5 25B-7 12. 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 and the City shall pay Contractor 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. 13. DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall I 6 25B-8 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: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney SIEMENS BUILDING TECHNOLOGIES, INC. By: Laura Sheedy Assistant City Attorney (Name) (Title) Tax ID# 25B-9 EXHIBIT A SCOPE OF SERVICES s 25B-10 1 Overview 1.1 Executive Summary You have made a significant investment in your facility and its complex technical systems which are critical to the profitability and productivity of your overall business. This proposed service solution, our Service Agreement, will proactively serve to protect that substantiaE investment through a program of planned service tasks by our trained technical staff. This Service Agreement has been specifically developed to support your unique facility, and the services provided herein will help you in achieving your facility goals. 7.2 Customer Objectives To have fire alarm system tested per customers RFI' 1.3 Current Situation Siemens has been doing the testing and customer needs to put it out to bid. All testing will be done during normal business hours Monday -Friday 7:00 am to 4;00 pm. Any programming wilt need to be done by others as the fire alarm system is a proprietary system. 1.4 Siemens Capabilities & Commitment to Our Customers Siemens Industry, Inc, is the leading single-source provider of cost-effective facility performance solutions for the comfort, life safety, security, energy efficiency and operation of some of the most technically advanced buildings in the world. Siemens is pleased to offer this proposal for technical support services to your facility. For more than 150 years, Siemens has built a culture of long-term commitment to customers through innovation and technology. We are confident that we have the capabilities to meet your critical facility needs today and in the future, and we look forward to the opportunity to serve yau. Siemens Industry, Inc. 90/26/2009 Page 3 25B-11 2 Service Solution 2.1 FIRE ALARM & LIFE SAFETY SERVICES 2.1.9 Customer Support Services Life Safety Log Book; We wilt provide a life safety log book containing information and guidance on the management of the Life Safety System. All service records shall be recorded and kept within the tog book. This log book shall serve as a reference for local authorities, insurance carriers, and Siemens technical personnel. Written Report of Ali Services Performed: We will complete a service report for each visit detailing the purpose of the tali and summarizing the work that was performed. Annual System Configuration Audit & Report: We wil! verify and compare the system configuration to the existing records during the annua! test and inspection. Any changes to the system are checked and documented. 2.1.2 Technical Support Services Emergency Onsite Response: Monday through Sunday, 24 kours per Day: Emergency Onsite Response will be provided to reduce the costs and disruptions of downtime when an unexpected problem does occur. Siemens will provide this service between scheduled service calls and respond within 4 hours for critical emergencies, or within 8 hours for non-emergency conditions, Monday through Sunday, 24 hours per day, including Holidays, upon receiving notification of an emergency. Critical emergencies, as determined by your staff and Siemens, are failures at a system or panel level that would result in the loss of the operation of an entire section of a building or place the facility at high risk. Non-emergency conditions, as determined by your staff and Siemens, are failures at an individual component level resulting in minimal impact to the overall operation of the facility. Non-emergency conditions, as determined by your staff and Siemens, maybe incorporated into the next scheduled service call. Fire Alarm System Testing & Inspection: We will perform an annual test of all covered fire systems by certified specialists using testing protocols specified by NFPA as well as any local guidelines that are required for your facility. In addition, we will perform sensitivity testing of ai! smoke defectors to ensure that the equipment is operating within the proper UL-specified sensitivity range. Necessary documentation detailing the results of the Siemens Industry, Inc. 90126!2009 Page 4 25B-12 inspection, incfiuding a list of deficiencies, will be provided upon completion of the test to satisfy the AH1 and to maintain your Certificate of Qccupancy. The equipment included as part of this service is listed in the list of Maintained Equipment section of this service agreement. Smoke Detector Sensitivity Testing: Smoke Detector Sensitivity testing will be performed, in accordance with NFPA guidelines, using the manufacturer's recommended test methods and a U!. approved testing device. We will provide an analysis of the test results along with recommendations for detectors that require either cleaning or replacement Repair & Replacement Services: To reduce the unexpected costs of unbudgeted repairs, Siemens will provide labor and 1 or materials to repair or replace failed orworn components. Components that are suspected of being faulty may be repaired or replaced in advance to minimize the occurrence of system interruptions. Equipment covered under this agreement is itemized in the List of Maintained Eouipment unless otherwise noted. Items not covered will be brought to the owner's attention. 2.7.3 User Defined Services Cleaning of Smoke Detectors Siemens Industry, Inc. 10/26/2005 Page 5 25B-13 3 Service Implementation Plan 3.'i Maintained Equipment Table SIEMENS Siemens Industry, inc. Service Agreement Detectors Detectors Addressable Duct 82 Detector Seivfces (Times pefryear) x R';& R Labor Only (N/A~ =~Sensitvif~i Tasting Manual (0:6} Test ands ins action. 1 , ~ Detectors Detectors .Addressable Heat 57 Detecfor Seri~lces r:'1'imes ~er~+ear'p R & R~Labor Only (NIA) ~ Te,~t and lnspe~tion (1}'` ~ Detectors Detectors Addressable Smoke 817 Detector Seryicea (~Ftetes per year= R & R. Lagos d'~(y, (NJA) *Serjs~t,~iif~,Tesfing M~r}uat (U Test ~~d` tris action 1 . E .,r ~ ,r4 s~~ 1 ~ t ,,.t,° ~ 3 ~ s ~ ~ r _ + ' Fietd Fteld Peripherals Addressable Puil ~ 88 Peripherals Station `,'$e~ylceg (Times per year} R & R Labor bnly~;(N/A) ~Tes{ and, lt~sp8ction ~ Field Field Peripherals Door Holders 20 Peripherals Services (Times per year) R & R Labor Only"(NIA}.Test arid~ Inspection (1)` Field Field Peripherals Phone Jack or 5 Peri herals Warden Stations Services (Times per"year) R & R. Labor Only (NIA) .Test and inspection (1) Field Field Peripherals Speakers or Horns 79 Peripherals Siemens Industry, Inc. 10/26/2009 Page 6 25B-14 ~ Services (~`imes per,jrear): R & R Labor Only {NIA} -Test and inspection {1) Field Field Peripherals Speakers or Horns 104 Peripherals with Sfrobes Services (Times per year): R & R Labor Oniy (N1A) -Test and inspection {1) Field Field Peripherals Strobe 68 Peripherals Se)'++ices (Times per year)~R & R Labor Ortly'(N/A),- T@st and inspection. (1)' Field ~ Tamper Switch Peripherals ;Field Peripherals Monitor Module 52 ~v ~Se~!~csasj(Times per year} Ft~& R Labor Only (NIA): ~7est and lnspect~on (2j: Feld Waterflow Switch Field Peripherals 31 Peripherals Monitor Module `ServfCet!~(Tir`r>,e~' er'ye~r) R& R Labor Only` {NIA) Test aril (nspectton (2j' • Control & Control & Digital i]ialer 2 Annunciation Annunciation 4 , (TSiYi s per far} R & R Labor Only (N!A} :7"est and Inspec#[on {1), Control & Control & NCCNT Computer 2 Annunciation Annunciation $eiv[ces (Times per year) R R Labor Only (N/A) -Test and Inspection {1)• ` - , Control & Control & Remote Annunciation Annunciation ControUAnnunciator 3 Panel -Services (Times per year}: R & R Labor Only (NJA} ..Test and inspection (1) 3.2 Additional Material List s . . ~ Siemens industry, inc. 10/26/2003 Page 7 25B-15 Edwards iRC 3 Fire Alarm Panels 3 Field Transponders 3 Voice -com g Power Boosters g Remote Graphic Panels 1 Printers 1 Parts • llp to $ 500.00 per Device Siemens Industry, Inc. 1 012 6/2 0 0 9 rage g 25B-16 3.3 Service Team An important benefit of your Service Agreement derives from having the trained service personnel of Siemens (ndustry, inc. familiar with your building systems. Our implementation team of local experts provides thorough, reliable service and scheduling for the support of your system. The foilowing list outlines the service team that will be assigned to the service agreement for your facility. YourAssigned Team of Service Professionals will include: Sob Bernstein -Sales Account Representative manages the overall strategic service plan based upon your current and future service requirements, Judy Bejines -Service Account Engineer or Team Leader is responsible for ensuring that our contractual obligations are delivered, your expectations are being met and you are satisfied with the delivery of our services. Primary Service Specialist is responsible for performing the ongoing service of your system. Secondary Service Specialist who will be familiarized with your building systems toprovide in-depth backup coverage. Vishal Gupta - Service Operations Manager is responsible for managing the delivery of your entire support program and service requirements. Richard Rivera -Service Coordinator is responsible for scheduling your planned maintenance visits, and handling your emergency situations by taking the appropriate action. Mike Reing -Service Administrator is responsible for afl service invoicing including both service agreement and service projects. i Siemens Industry, Inc. 1 012 6/2 0 0 9 Page 9 25B-17 Appendix A. Discounted Labor & Material Aricing As a Service Agreement customer with an active contract, you will receive the benefit of a discount from our standard labor rates and material prices. Standard rates and preferred customer rates are documented below. Siemens Industry, Inc. Rates effective from January 1, 2009 through December 31, 2009 Please note; Rates spawn are for the period referenced above and are subject to change. Standard Straight T#me Regular Overtime Sundays & Holidays Labor Rates: {M-F 8 AM to 5 PM) {M-F 5 PM to 8 AM, & Sat) excl. Holida s excl. Holida s Automation $182.00 $273.00 $364.00 S ecialist Fire Safety 68.00 $252,00 S ecialist $336.00 Security $172.00 $258.00 S ecialist $344.00 Mechanic $164.00 $246.00 $328.00 { !us$49.50truck char e) (lus$49.50truck char e) (lus$49.50truckchar e) Customers with an active Service Agreement will be eligible for the preferred customer labor rates listed below. Preferred Customer Straight Time Regular Overtime Sundays & Holidays Labor Rates: (M-F 8 AM to 5 PM) (M-F 5 PM to 8 AM, & Sat) excl. Holida s excl. Holida s Automation $145.00 $189.00 $233.00 S ecialist Fire Safety $134.00 $174.00 S ecialist $214.00 Security $137.00 $?78.00 $219.00 S ecia#ist Mechan#c $130.00 $170.00 $210.00 ( lus$49.50truck char e) (!us$49.50truck char e) (lus$49.SOtruckchar e) Mtnlmum Charge: Service involving travel to the customer site will incur atwo-hour minimum labor charge and $0.60 per mile one-way vehicle charge. Material Rates: Customers with an active Service Agreement will benefit from a discount percentage off the standard pr#cing for Siemens Industry, Inc. products. Customers without a Service Agreement wil! pay standard pricing for Siemens Industry, inc. products. Siemens Industry, Inc. 10/26/2009 Page 15 25B-18 ~ REQUEST FOR COUNCIL ACTION ~ T'~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED AGREEMENT WITH OTIS ? As Recommended ELEVATOR COMPANY FOR ? As Amended PREVENTIVE MAINTENANCE AT ? Ordinance on 1St Reading ? Ordinance on 2"d Reading THE POLICE ADMINISTRATION ? Implementing Resolution AND HOLDING FACILITY ? Set Public Hearing For CONTINUED TO ~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Otis Elevators for preventive maintenance for a two-year period with options for two one- year renewals, in the annual amount not to exceed $60,880. DISCUSSION The Santa Ana Police Administration and Holding Facility was completed in 1996. The facility operates eleven elevators in a 24-hour, 7-days-a-week environment. In order to comply with regulations from The State of California Department of Industrial Relations, Division of Occupational Safety and Health(Cal OSHA, regular preventive maintenance and periodical testing is necessary Cal-OAHA inspects all elevators and escalators at least once a year. Upon successful inspection, a Conveyance Permit for each piece of equipment is issued. Elevators can be serviced only by specifically trained and certified elevator operator technicians. The service contracted for includes: regular lubrication, adjustment and replacement of all major and minor parts, prompt and efficient repair of elevator trouble, as well as the rewind of burned motors and replacement of electric coils. On October 1, 2009, requests for proposal were mailed to five vendors. Two proposals were received and evaluated for technical expertise, strength of the firm, proposal completeness, references submitted, and labor cost. The proposal from Otis Elevator, the current service provider and the vendor who submitted the proposal with the lowest labor cost, was responsive and meets the City's requirements. A contingency of $10,000 is included for responding to state-mandated adjustments and unforeseeable repair costs. 25C-1 Agreement for Elevator Maintenance December 7, 2009 Page 2 FISCAL IMPACT Funds are available in Police Maintenance Other Contractual Services account (no. 01114403-62300). APPROVED AS TO FUNDS AND ACCOUNTS: ~ , Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Finance & Mgmt. Services Agency 25C-2 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this 7~' day of December, 2009 by and between Otis Elevator Company, a wholly owned subsidiary of United Technologies Corporation (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of elevator repair and maintenance services. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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 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 Contractor shall perform elevator maintenance and service, as set forth in City's Request for Proposals to Provide Elevator Maintenance Services for the City of Santa Ana Police Administration and Holding Facility, attached hereto as Exhibit A and incorporated by reference. Such service shall be provided in conformance with Contractor's Proposal, attached hereto as Exhibit B and incorporated by reference. The Executive Director of Finance and Management Services may request, in writing, that Contractor provide additional services including state- mandated adjustments and unforeseeable repair costs. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, including OT calls, a monthly rate of $4,240.00. The total sum to be expended under this Agreement shall not exceed $60,880.00 during the first one-year term of this Agreement, which amount includes a $10,000 contingency for additional required services. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not 1 25C-3 be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on January 1, 2010 and terminate on December 31, 2011, unless terminated earlier in accordance with Section 12, below. City shall have the option, exercisable by the City Manager, to extend the terms and conditions of said Agreement for up to two one-year periods. 4. INDEPENDENT CONTRACTOR 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. 5. 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. Consultant shall maintain commercial general liability insurance which 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. 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. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the 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. 2 25C-4 c. 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 furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. 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 effect 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. 6. INDEMNIFICATION/ FORCE MAJEURE Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor 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 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 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. Under no circumstances shall either party be liable for any loss, damage or delay due to any cause beyond either party's reasonable control, including but not limited to acts of government, strikes, lockouts, labor disputes, fire, explosion, theft, weather damage, flood, earthquake, riot, civil commotion, war, mischief or act of God. Under no circumstances shall either party be liable for special, indirect, or consequential damages of any kind including, but not limited to, loss of profits, loss of good will, loss of 3 25C-5 business opportunity, additional financing costs or loss of use of any equipment or property, whether in contract, tort (including negligence), warranty or otherwise, notwithstanding any indemnity or other provision to the contrary 7. 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. 8. CONFLICT OF INTEREST CLAUSE Contractor 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. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. BOX 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Finance and Management Services City of Santa Ana 20 Civic Center Plaza (M-11) P.O. BOX 1988 4 25C-6 Santa Ana, California 92702 telefacsimile (714) 647-5008 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Otis Elevator Company 711 E Ball Road, Suite 200 Anaheim, CA 92805 Telefacsimile (714) 758-9658 Attn: Jason Kornmueller A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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, that terms and conditions hereof, shall not bind or obligate Contractor nor 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. 11. 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 5 25C-7 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. 12. 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 and the City shall pay Contractor 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. 13. DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURI SDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 6 25C-8 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney OTIS ELEVATOR COMPANY (NAME) (Title) Tax ID# 13-5583389 7 25C-9 EXHIBIT A SPECIFICATIONS FOR SERVICES 8 25C-10 Otis Elevator Company North American Area 711E 8afl Road / O~~s Suite 200 Anaheim, CA 92805 A United Technologies Company November 4, 2009 Mr. Mario Ghizzi Building Maintenance Superintendent City of Santa Ana 20 Civic Center Plaza M-11 Santa Ana, CA 92702 Reference: Santa Ana Police Administration and Bolding Facility Dear Mr. Ghizzi: Thank you for the privilege of allowing us to submit our proposal to furnish Otis Maintenance on the elevatoxs at the City of Santa Ana Police Administration and Holding Facility. We can provide maintenance on the elevators in accordance with the specifications Laid out in the Request For Proposal for the following pricing: $3,740.00 per month for the base bid cv Alternate #1: OT Calls included, add $S00 to base bid for a total price of $4,240.00 per month. Submitted by; Otis Elevator Company 711 East Ball Road, Suite 200 Anaheim, CA 92805 Federal ID#; 13-5583389 Conhactors License 7031 Sincerely, Otis Elevator Company o'n Kornmueller Account Manager ~XH~~~~ 25C-11 Otis Elevator Company North American Area 713 E Ball Road ~~15 Suite 200 Anaheim, CA 92805 A United Technofogles Company November 3, 2009 Mr. Mario Ghizzi Building Maintenance Superintendent City of Santa Ana 20 Civic Center Piaza M-11 Santa Ana, CA 92702 Reference: Technical Experience Dear Mr. Ghizzi: Otis Elevator is the largest elevator manufacturing and service company in the world. Otis has been in the elevator industry since 1853. As such, we draw on a wealth of technical resources and experience to better serve our customers. 1. Our route technicians in the Orange County area each have an average of over 20 years of experience in the service and repair of elevator and escalator systems. 2. Otis has troubleshooting specialist technicians in the area that are available for higher level or intermittent issues that arise. 3. The technicians also have engineering and technical support available 24f7. I have enclosed a fact sheet describing Otis ROLE (Remote On-Line Engineer) to illustrate the value of this service. 4. In addition to a local warehouse of parts; the Otis Service Center, located in Bloomfield, CT, has a massive warehouse of parts available for overnight shipping. They will also support our technicians in locating hard to find or out of production parts as well. S. The Otis Maintenance Management System (OMMS} is a system of preventative maintenance that Otis employs using technology and experience to provide the best passible maintenance to your elevators. I have enclosed a fact sheet describing OMMS more in depth. Sincerely, ason Kaxnmueller Account Manager I 25C-12 ' ` ' ~T~S Remote 4n-Line Expert Another Way We Keep Your Elevators Up and Running ExPERr iECHMICAt StJPPORr Wtth OtisROLE support, Otis Elevator Company has expanded a tMME03A7ECY computer-Industry mainstay to the high-tech world of elevators. Our°Remote a,ooo Field Technicians On-Line Expert` hotline provides a quick, easy way forour army of field 60 Specialists technicians in the U.S. and Canada to call for backup white troubleshooting Tott•Free Number complex repairs. This suppotf network helps our customers continue fo gel Automatic Routing to Appropri- the last dependable service for which Otis has always been known. ate Expert While oiherelevatorservice companies send their mechanics outon Timely Resolution their own to navigate an array of problems, Otis has recognized the value of Expertise to Otis and Non-Otis specialized expertise. ]f orie of our technicians runs Into a situation he orshe Equipment can't immediately diagnose, atoll-free number connects him orher tothe PROVER TRACK RECORD appropriate expertto assist in resolving the Issue quickly. 30,000 Calls Handled Annually With one simple phone call, our Ot(s technician can speak with a Operating Since 1999 practic(ng specialist-a fteki engineer, who could be located anywhere in RESUt.rs NorthAmerlca, fo answer the mechanfe's questions, whether they concern Consts#entiy Reliable Service door adjusfinentorflne-tuningsoftware. Ourskillmappingsystemmeansthe Significantly Reduced mechanic is automaficaliy routed to the expertwho can best resolve the Downtime problem, whetheriYs in Vancouver, Kokomo, New York, orAnchorage. shared and Expanded Network Our field engineers also have the enQre Otis library ofwlring diagrams, procedure! instructions, and parts Infomratlon at thelrfrngertips. Together, the technician and the field engineercan troubleshoot a repairin a fraction of the time ftwould otherwise have taken. With OtIsROLE support, problems that used to take days to resolve when the technician worked on his own, are often resolved now in as little as ten minutes, Naturally, that means. consistently reliable vertical transportation systems for ourcustomers. Ot1s ROLE-a concepf so slmpleand effecfive-another reason why Otis is the leader in elevator and escalaformaintenance. r!• - I 4 : jai 4 `rti `'k Fleldanglnesrtroubleshootingacail. ~ Web•enabfad honehelpsexpedfle Fareground:Otiswldngdtagrams. OSsROLE calPs. OUs on the intemet www.o8s.com ® Otts Elevator Company 2003 MNT 8509 (tt/03) 25C-13 ¦ oTts OTlS MAINTENANCE MANAGEMENT SYSTEMS"` A preventive maintenance program that redefines reliab[lity. USAOE•DRIVEN. STANDARD PROCESSES ' Otis Maintenance Management Systemw Is a dynamic program that Latest toots, equtpment and fakes intoaccount your elevators' maintenance needs, use and componen# procedures life. Otis can tailor inspections and maintenancescheduies, based on your east available certified methods elevators' use, for up to 12 years or 5 million trips In advance. Otis examiners plan mslnte- OMMS9procedures are performed on your equipment at predetermined Hance visits based upon intervals. Components are replaced before theirnormal life cycle ends and elevator use to Identify and thefrpertormancedeterlorates,Althou hwecannot uaranteethatno correct problems 9 9 malfunction will occur, OMMS procedures greaftyminlmtzeshutdowns. OTIa SERVICE CENTER Ninety-six percent of ell orders In addition, Otiscontinually re-evaluates and improves these proce- are shipped same day from the dares. Engineering testing is constantly underwayto update and Improve largest Inventory in the Industry OMMS maintenance techniques and OMMS materials. >;~sERVt_ cE ` Internet•based matntenance To ensure maximum in-service time, maintenance qualityand responsiveness, Information and tracking service OMMS monitors key aspects of your extended maintenance program. Qvves you the ability to make yye rrronttor your equipment and use this data to schedule procedures and osts irte Ica calla vie the Internet ensure your maintenance remains on schedule. We monitorthe effectiveness Otis' communications center of our scheduled procedures to minimize callbacks and unplanned repairs. provides dispatching service 24 We monitorttte Llfe Cycle Rates of your elevators' components. Field service hoursaday,365daysayear. andsupportteamsmalntalncontactwitheachotherandwithOTiSi.ME®, our includes free elevator phone ~q-houraommunications center, using ttte la#esttelecommunlcattons technof- monttoring. ogy for accurate, up-to-tha-minute commun[cations at every level of the system, from your Incoming calls to documentation of matntenance activities. REMa 5.0 Otis REM, an on-sits monitoring system available on many Oils elevators, enables your examiner orrepair technfctan tostay up-to-the-minute on dally schedules and procedures. Examiners have dfrectaccess toroot-cause data on performance degradation toassist in troubleshooting. e''Sarvfce e•Sarvice provides a direct link from Otis.com to your building's specific maintenance program, Place a service call, see whatwork has been completed and have direct access Into your elevator's service and pertor- mance history. Itgives you information asweli as confidence In yourservice provider and your building's elevator equipment. Reliability The Otis Maintenance Management System Is the single most advanced and effective building support system available in the elevator industry. It is a system tailored specifically #o your environment, equipment and needs. Its standardized work practices and predetermined task scheduling ensu re the right matntenance at the right time- today and for the extended life of your equipment. It is based not only on engineered, certified bast methods, but on constant analysts of the work pertormed, to ensure consistent, high quatitymatn#enance. Thtsultimate~y protects your etevatorinvestmentand ensures satisfied tenants. Otls on the Internet: tiwrw.otis.com ® Otts Elevator Company 2000 A~SP1T-8506 (t0100} 25C-14 Otis Elevator Company NorthAmerlcanArea ~fIS 71 t E bap Road / Suite 200 Anaheim, CA 92805 A United Technologies Company Noverrtber 3, 2009 Mr. Mario Ghizzi Building Maintenance Superintenden# City of Santa Ana 20 Civic Center Plaza M- I 1 Santa Ana, CA 92702 Reference: Customer Service Program Dear Mr. Ghizzi: Otis Elevator is the largest elevator manufacturing and service company in the world. Otis has been in the elevator industry since 1853. As such, we draw on a wealth of technical resources and experience to better serve our customers. 1. You are assigned an account manager from the local office to handle all sales, service and contractual matters. Jason Kornmuelier will be your personal account manager. 2. You also are assigned a Service Supervisor that manages the rou#e technicians and repair crews. Your Service Supervisor will be Vic Camarena. He has aver 20 years of elevator experience and is also available at any time to discuss field, maintenance or technical matters. 3. The Anaheim Branch Manager is also available to discuss any service related matters also. The Anaheim Branch General Manager is Bob McLeese. 4. Otis Line is out• 24/7 customer service/dispatch center. We have representative available at all times ready to field your service requests. I have enclosed a fact sheet describing Otis Line in mare depth. 5. We will give you access to our e-Service system which can provide you with customized reports, service call history and a wealth of other information regarding your specific elevator systems and our maintenance program. You also have the ability to place service calls directly through the e-Service system. I have enclosed a fact sheet with more information on e-Service. Sincerely, ason Kornmueller Account Manager 25C-15 ' ~ OTIS SERVICE Around-the-clock response because problems don't keep office hours. Annual number of Incoming No matterwhere you are in the U.S. orCanada, you can Galt OTiSLINE® telephone calls forinqulries, service when ouhaveanelevatororescatator roblem.Acustomerservice messages and service Y p 1.2 M{LLlON representative is ready to respond quickly to yourproblem. Average wart time before Within minutes, a customerservice representative can have a speaking to a customer service mechanic on fhe way to your building. Our service professionals are on call representative 24 hours a day, seven days a week to ensure a prompt professienal 9SECONDS response. Average Ume from customer cau Ifyou have an Otis HANDSOFFm emergency telephone, you can until the elevator or escalator is program it tocallOTISLlNEautomaticallyinemergencysifuations.Our back In service customer service representatives are lralned to respond professionally. For 2 ff2 HOURS maintenance customers, no third party phone service is needed, saving you Telephone numbers the cost of an additional service and related fees. English: (800} 233-8897 In addition, OTISLtNE togs alt service Gaits into its database. You oryour French: (800 238-5847 Otis representative can refer to this valuable building-history information at Spanish: {800} 872-6847 anytime. RENtH Mare and more Otis elevators are equipped for REMaon-site monitoring. REM equipment, located fn file machine room, continuously monitors yourelevator's performance. If it detects a need forservlce, fhe REM system automatically sends a service request to OTISLINE's REM Center.An OTISLINE representa- tive wlllrespond according to fhe terms ofyour Otis maintenance contract. e*Service e*Service gives you immediate information about the elevators and escalators !n your building, With a*Service, you can access your building's elevator and escalatorperformanced~ta and place service calls to OTISLINE through the infemet. Web-enabled Phones CellularphoneswithinternetaccessenableyourOtlsmechanlctabein constant communication with OTISLINE. YourOtis mechanic can respond to a ~Y page right away with the web-phone. , Formore tnformatton on these and otherservices, please tog onto www.otis.com or call us at (800} 441-6897 For an 01is office near you. AI j fy f 4: ~y Ri, 1 L:, . I Otis on the Internet www.otis.com ® OUs Elevator Company 2003 bStJT--8502 {0303} 25C-16 ese 1"V'1ee Otfs' eSeroice provides around-the-clock access to critical elevator performance and service data, customized to meet yoar information needs. a~ eService performance dashboard Easy-to•use, customizable Convenient eecess to equipment A quick overview of performance and service data, eService web site and service data easily customized to meet your needs Designed with your needs in mind, While you can access the Customizable reports the eService web site makes getting eService site at any time io review Performance, availability, maintenance histo equipment Information both key equipment information, you rl/ simple and intuitive, After logging also have the opportunity to reports and more -all available to your in, you wi11 immediately see the download this data and register preferred format eService performance dash- for regular a-mail updates, ' board - a customizable overview Download service data of performance and service data. While logged Into the eService Quickly download critical service information for site, you can customize service the date range and in the level of detail needed From availability reports to sereice data and quickly download to your } tali and maintenance details, a preferred format, The eService Automatio updates variety of reports are available system also offers the opportunity Select performance and service reports to receive using the drop-down reports menu. to receive automatic e•mal) updates. regularly via a-malt Within reports, you can adjust the These updates can be either ""-"-~~---w°~---~~-°~ level of detaq provided, whether detailed reports found on eSetvlce Event Notifications a portfolio of buildings, a single or summary notifications of events Event-driven a-mails sent to alert you of work building or a single unit.ln that happen in your buildings. You done in your building addition, reports can be s€mpiy select the reports you would - generated fora specif[c date liketo receive and set the frequency range and a summary chart, a from month to annually. trend line or complete details can be viewed, ~~s ~.ta,a;:c•,iccml, 6$et'VICe fag ai ( [il1n~YW,n,e~. { RrrwRatlR FMliRab[A. . OOiN„3 R. .w Gib I AOd C0epa1[ NiII MOl JOW19MlM D~6eServtce parlor - hr9altl~!.m.aioD{iN[}rt mancedashboard ~'•~•~mel Phs ?t,nru w automatically displays ~i o.rroa,ri ~ s.iF i ~ [aa _q a cric.<.u, R ~y~ key equipment and sec ~ • _,c~~a. """1'i vice fnformaUon upon Hl9x.a weaaiD logging into the Sffe iirD,.y + tAlGare[C, . HOWS'p uwe - u c9ta"[. Perrormance Dashboard ~ ©Select from a IISt Of 1101ki4" ~ Ryrn0[RWSy reports using this _ ' 0&L1/2ppT•67A]/100aW Orubrw ![e,rARgrR ''l+5•+rn9cD>n drop-down menu `"'t' ©Screens Can be cur ~ ® tomized to display the preferred level o! detail GxR+,R IFwnytt MWaW.kp19 hfbT,n R9M•I~Nal13 Telal R[N iMJN R[N IR•b At .Lal~ Iuvy,llx.3 Dew a law iw[[a ciL, caw m.i.a.i oDC..a.i R~..a to°Do e~.toDm~ ©G@nerate reports for the exact date range saatIIizK .,ry:< . ~:s>x desired GR f6.R[ .Ni..~~~--' ~ i~ --~'x i 'a w~ itip It : ~ ~ , iq - li . ~ ' i`° "s ©By clicking on the Ifnks aesntRtt » plj iu ~ y,i 11 ~ j1w " ; _ in data taws, additional ~ - ` > i?A' <-~u - - details can be viewed !l89wv[ u - ;;tr ~ - ~ JR u- u20:. awr l~.t s 1° ° " It 13O ':SD ©eService allows z ' - a ;''7caD - ° l,.x R f subscription to automatic .a ~ 4 , u ~ 3 .00 39,o updates and/or event g xas ~ 4 h0', li" notHicaUons dlrecty ~ 7bT8R02( t 1Gf.A i ? a 3 A o ° . A9w,wP,(wY9 i+A ~ iii tQ your Intwx. -3H RI I: •9DDr 33 nr~nc»n 0 esirr4M1i t°e+. Uai p,..4r eOmPl^, hN,[y Pli[7 FDris!.mr rRh ,9lrmuifu..tae[ptl t l-.•Jt•---.i ~ r3 N 0 E 0 u N O oT~s 25C-17 25C-18 REQUEST FOR COUNCIL ACTION ~~~~.'T CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED As Recommended LEASE AGREEMENT AMENDMENTS As Amended sc WITH TOWERCO ASSETS LLC FOR Ordinance on 1 Reading Ordinance on 2"d Reading INSTALLATION OF EQUIPMENT AT Implementing Resolution HERITAGE, ROSITA AND WINDOR Set Public Hearing For PARKS f, CONTINUED TO FILE NUMBER IT MANAGER RECOMMENDED ACTION 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute the attached lease agreement amendment with TowerCo Assets LLC for the installation of communications equipment at Heritage Park, subject to non-substantive changes approved by the City Manager and the City Attorney. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute the attached lease agreement amendment with TowerCo Assets LLC for the installation of communications equipment at Rosita Park, subject to non-substantive changes approved by the City Manager and the City Attorney. 3. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute the attached lease agreement amendment with TowerCo Assets LLC for the installation of communications equipment at Windsor Park, subject to non-substantive changes approved by the City Manager and the City Attorney. 4. Approve an appropriation adjustment recognizing $10,800 in the Capital Outlay Fund revenue account (no. 05102002-57010) and appropriate same to the Capital Outlay Fund expenditure account (no. 05113263-66220). DISCUSSION On June 3, 2002 the City Council approved site license agreements with Sprint for the installation of cellular communications equipment at Heritage and Windsor parks. The City currently receives $1,476 monthly for each of these lease agreements. On July 6, 2004 the City Council 25D-1 Lease Agreement Amendments with TowerCo December 7, 2009 Page 2 approved a similar site license agreement for the installation of cellular equipment at Rosita Park. The City receives $2,319 per month for the lease of this space. On September 23, 2008, Sprint assigned tower rights to TowerCo Assets LLC. TowerCo is proposing to amend these three site license agreements to allow Clear Wire LLC (Clearwire) to sublease space at these sites. Clearwire will be using the existing equipment buildings and towers to install dish antennas and will not be occupying any additional park property. TowerCo has agreed to pay an additional $300 per month for each sublease, or $10,800 annually. The Clearwire sublease fee will increase by 3% annually, consistent with the base TowerCo site license agreement. The sublease fee shall terminate on the date the Clearwire sublease terminates or expires and the rent thereafter shall be reduced by an amount equal to the sublease fee. FISCAL IMPACT This appropriation adjustment will recognize $10,800 in the Capital Outlay Fund revenue account (no. 05102002-57010) and appropriate same to the Capital Outlay expenditure account (no. 05113263-66220. APPROVED AS TO FUNDS AND ACCOUNT: 7/~- Gerardo Mouet, Francisco Gutierrez, Executive Director Executive Director Parks, Rec. and Com. Svcs. Finance and Mgt. Svcs. Agency 25D-2 AMENDMENT TO LAND LEASE AGREEMENT THIS AMENDMENT TO LAND LEASE AGREEMENT ("Amendment") is entered as of the latter of the signature dates below by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Lessor") and TOWERCO ASSETS LLC, a Delaware limited liability company ("Lessee"). RECITALS A. Lessor entered into that certain Land Lease Agreement dated June 3, 2002, with Sprint P.C.S Assets, L.L.C., a Delaware limited liability company ("Sprint/Nextel") (the "Agreement"), for certain real property and easements (collectively, the "Premises"), which are a portion of that certain parcel of real property located at 2915 West La Verne Ave., Santa Ana, CA 92704 (the "Land"). B. Sprint/Nextel assigned all its right, title and interest in, to and under the Agreement to Tower Entity 4 LLC ("Tower Entity"), by that certain Assignment and Assumption of Ground Lease dated September 23, 2008 (the "Assignment"). Thereafter, Tower Entity was acquired by and merged into Lessee. C. The Assignment was recorded in the Official Records of the County of Orange, State of California, as Document No. 2009000020370, on January 16, 2009. B. Lessee desires to sublease space at the Premises to Clear Wireless LLC ("Clearwire"), and Lessor agrees to consent to such sublease, all in accordance with the terms and conditions as set forth below. NOW, THEREFORE, for and in consideration of the promises and mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. Sublease. Pursuant to the requirements of the Agreement, Lessor hereby consents to Lessee entering into a sublease with Clearwire ("Clearwire Sublease") to allow for the co- location of Clearwire equipment in conformance with the site plan, equipment plan and antenna configuration approved by the City. 2. Rent. As consideration for Lessor's consent to the Clearwire Sublease, the Rent shall be increased by the sum of Three Hundred and no/100 Dollars ($300.00) per month effective as of the first day of the month following the commencement date of the Clearwire Sublease and continuing through the term of the Clearwire Sublease (the "Sublease Fee"). The Rent, as increased hereby, shall continue to increase pursuant to the terms of the Agreement. The Sublease Fee shall terminate on the date the Clearwire Sublease terminates or expires and the Rent thereafter shall be reduced by an amount equal to the Sublease Fee as of the date of such termination or expiration. CA2930 -Windsor Pazk First Amendment DM# vl 25~-3 3. Notices. Notwithstanding anything to the contrary in the Agreement, facsimile notices shall not be permitted. The Lessee notice address set forth in Section 26 of the Agreement is hereby deleted and replaced with the following: LESSEE: TowerCo Assets LLC 5000 Valleystone Drive Cary, NC 27519 Attn: Property Management TowerCo ID: CA2935 4. Agreement in Full Force. All terms and conditions of the Agreement not expressly modified by this First Amendment shall remain in full force and effect, and, in the event of any inconsistencies between this First Amendment and the terms of the Agreement, the terms set forth in this First Amendment shall govern and control. Except as expressly amended hereby, the Agreement shall remain in full force and effect as of the date thereof. 5. Counterparts. This First Amendment may be executed in one or more counterparts which shall be construed together as one document. 6. Defined Terms. Unless otherwise defined, all defined terms used in this First Amendment shall have the meanings ascribed to them under the Agreement. 7. Successors and Assigns. Upon full execution by Lessee and Lessor, this First Amendment (i) shall be binding upon and shall inure to the benefit of each of the parties and their respective successors, assigns, receivers and trustees; and (ii) may be modified or amended only by a written agreement executed by each of the parties. 8. Non-Binding Until Fully Executed. This First Amendment is for discussion purposes only and does not constitute a formal offer by either party. This First Amendment is not and will not be binding on either party until and unless it is fully executed by both parties. 9. Recitals. The recitals at the beginning of this Amendment are incorporated in and made a part of this Amendment. [SIGNATURES APPEAR ON THE FOLLOWING PAGES.] CA2930 -Windsor Pazk First Amendment DM# vl 25P~-4 IN WITNESS WHEREOF, the parties have executed this First Amendment as of the latter of the signature dates below. LESSOR: CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of ATTEST: California By: MARIA D. HUIZAR Clerk of the Council Name: DAVID N REAM Approved as to Form Its: City Manager Joseph W. Fletcher Date: City Attorney Bv: Laura Sheedy Assistant City Attorney LESSEE: TOWERCO ASSETS LLC, a Delaware limited liability company By: Name: Michael P. MacPherson Its: Vice President /General Manager Date: CA2930 -Windsor Park First Amendment DM# vl 2~~35 25D-6 AMENDMENT TO LAND LEASE AGREEMENT THIS AMENDMENT TO LAND LEASE AGREEMENT ("Amendment") is entered as of the latter of the signature dates below by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Lessor") and TOWERCO ASSETS LLC, a Delaware limited liability company ("Lessee"). RECITALS A. Lessor entered into that certain Land Lease Agreement (A-2004-140) dated July 6, 2004, with Sprint P.C.S Assets, L.L.C., a Delaware limited liability company ("Sprint/Nextel") (the "Agreement"), for certain real property and easements (collectively, the "Premises"), which are a portion of that certain parcel of real property located at 706 North Newhope St., Santa Ana, CA 92703 (the "Land"). B. Sprint/Nextel assigned all its right, title and interest in, to and under the Agreement to Tower Entity 4 LLC ("Tower Entity"), by that certain Assignment and Assumption of Ground Lease dated September 23, 2008 (the "Assignment"). Thereafter, Tower Entity was acquired by and merged into Lessee. C. The Assignment was recorded in the Official Records of the County of Orange, State of California, as Document No. 2009000088777, on February 26, 2009. B. Lessee desires to sublease space at the Premises to Clear Wireless LLC ("Clearwire"), and Lessor agrees to consent to such sublease, all in accordance with the terms and conditions as set forth below. NOW, THEREFORE, for and in consideration of the promises and mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. Sublease. Pursuant to the requirements of the Agreement, Lessor hereby consents to Lessee entering into a sublease with Clearwire ("Clearwire Sublease") to allow for the co- location of Clearwire equipment in conformance with the site plan, equipment plan and antenna configuration approved by the City. 2. Rent. As consideration for Lessor's consent to the Clearwire Sublease, the Rent shall be increased by the sum of Three Hundred and no/100 Dollars ($300.00) per month effective as of the first day of the month following the commencement date of the Clearwire Sublease and continuing through the term of the Clearwire Sublease (the "Sublease Fee"). The Rent, as increased hereby, shall continue to increase pursuant to the terms of the Agreement. The Sublease Fee shall terminate on the date the Clearwire Sublease terminates or expires and the Rent thereafter shall be reduced by an amount equal to the Sublease Fee as of the date of such termination or expiration. CA294'7 -Salgado Center First Amendment DM# vl 25P~e-7 3. Notices. Notwithstanding anything to the contrary in the Agreement, facsimile notices shall not be permitted. The Lessee notice address set forth in Section 26 of the Agreement is hereby deleted and replaced with the following: LESSEE: TowerCo Assets LLC 5000 Valleystone Drive Cary, NC 27519 Attn: Property Management TowerCo ID: CA2935 4. Agreement in Full Force. All terms and conditions of the Agreement not expressly modified by this First Amendment shall remain in full force and effect, and, in the event of any inconsistencies between this First Amendment and the terms of the Agreement, the terms set forth in this First Amendment shall govern and control. Except as expressly amended hereby, the Agreement shall remain in full force and effect as of the date thereof. 5. Counterparts. This First Amendment may be executed in one or more counterparts which shall be construed together as one document. 6. Defined Terms. Unless otherwise defined, all defined terms used in this First Amendment shall have the meanings ascribed to them under the Agreement. 7. Successors and Assigns. Upon full execution by Lessee and Lessor, this First Amendment (i) shall be binding upon and shall inure to the benefit of each of the parties and their respective successors, assigns, receivers and trustees; and (ii) may be modified or amended only by a written agreement executed by each of the parties. 8. Non-Binding Until Fully Executed. This First Amendment is for discussion purposes only and does not constitute a formal offer by either party. This First Amendment is not and will not be binding on either party until and unless it is fully executed by both parties. 9. Recitals. The recitals at the beginning of this Amendment are incorporated in and made a part of this Amendment. [SIGNATURES APPEAR ON THE FOLLOWING PAGES.] CA2947 -Salgado Center First Amendment DM# v 1 Page 2 25D-8 IN WITNESS WHEREOF, the parties have executed this First Amendment as of the latter of the signature dates below. LESSOR: CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of ATTEST: California By: MARIA D. HUIZAR Clerk of the Council Name: DAVID N REAM Approved as to Form Its: City Mana>;er Joseph W. Fletcher Date: City Attorney By: Laura Sheedy Assistant City Attorney LESSEE: TOWERCO ASSETS LLC, a Delaware limited liability company By: Name: Michael P. MacPherson Its: Vice President /General Manager Date: CA2947 -Salgado Center First Amendment DM# vl Page 3 25D-9 AMENDMENT TO LAND LEASE AGREEMENT THIS AMENDMENT TO LAND LEASE AGREEMENT ("Amendment") is entered as of the latter of the signature dates below by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Lessor") and TOWERCO ASSETS LLC, a Delaware limited liability company ("Lessee"). RECITALS A. Lessor entered into that certain Land Lease Agreement (A-2002-095-01) dated June 3, 2002, with Sprint P.C.S Assets, L.L.C., a Delaware limited liability company ("Sprint/Nextel") (the "Agreement"), for certain real property and easements (collectively, the "Premises"), which are a portion of that certain parcel of real property located at 4815 West Camille St., Santa Ana, CA 92704 (the "Land"). B. Sprint/Nextel assigned all its right, title and interest in, to and under the Agreement to Tower Entity 4 LLC ("Tower Entity"), by that certain Assignment and Assumption of Ground Lease dated September 23, 2008 (the "Assignment"). Thereafter, Tower Entity was acquired by and merged into Lessee. C. The Assignment was recorded in the Official Records of the County of Orange, State of California, as Document No. 2009000088780, on February 26, 2009. B. Lessee desires to sublease space at the Premises to Clear Wireless LLC ("Clearwire"), and Lessor agrees to consent to such sublease, all in accordance with the terms and conditions as set forth below. NOW, THEREFORE, for and in consideration of the promises and mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. Sublease. Pursuant to the requirements of the Agreement, Lessor hereby consents to Lessee entering into a sublease with Clearwire ("Clearwire Sublease") to allow for the co- location of Clearwire equipment in conformance with the site plan, equipment plan and antenna configuration approved by the City. 2. Rent. As consideration for Lessor's consent to the Clearwire Sublease, the Rent shall be increased by the sum of Three Hundred and no/100 Dollars ($300.00) per month effective as of the first day of the month following the commencement date of the Clearwire Sublease and continuing through the term of the Clearwire Sublease (the "Sublease Fee"). The Rent, as increased hereby, shall continue to increase pursuant to the terms of the Agreement. The Sublease Fee shall terminate on the date the Clearwire Sublease terminates or expires and the Rent thereafter shall be reduced by an amount equal to the Sublease Fee as of the date of such termination or expiration. CA2935 -Heritage First Amendment DM# vl Page 1 25D-10 3. Notices. Notwithstanding anything to the contrary in the Agreement, facsimile notices shall not be permitted. The Lessee notice address set forth in Section 26 of the Agreement is hereby deleted and replaced with the following: LESSEE: TowerCo Assets LLC 5000 Valleystone Drive Cary, NC 27519 Attn: Property Management TowerCo ID: CA2935 4. Agreement in Full Force. All terms and conditions of the Agreement not expressly modified by this First Amendment shall remain in full force and effect, and, in the event of any inconsistencies between this First Amendment and the terms of the Agreement, the terms set forth in this First Amendment shall govern and control. Except as expressly amended hereby, the Agreement shall remain in full force and effect as of the date thereof. 5. Counterparts. This First Amendment may be executed in one or more counterparts which shall be construed together as one document. 6. Defined Terms. Unless otherwise defined, all defined terms used in this First Amendment shall have the meanings ascribed to them under the Agreement. 7. Successors and Assigns. Upon full execution by Lessee and Lessor, this First Amendment (i) shall be binding upon and shall inure to the benefit of each of the parties and their respective successors, assigns, receivers and trustees; and (ii) may be modified or amended only by a written agreement executed by each of the parties. 8. Non-Binding Dntil Fully Executed. This First Amendment is for discussion purposes only and does not constitute a formal offer by either party. This First Amendment is not and will not be binding on either party until and unless it is fully executed by both parties. 9. Recitals. The recitals at the beginning of this Amendment are incorporated in and made a part of this Amendment. [SIGNATURES APPEAR ON THE FOLLOWING PAGES.] CA2935 -Heritage First Amendment DM# vl Page 2 25D-11 IN WITNESS WHEREOF, the parties have executed this First Amendment as of the latter of the signature dates below. LESSOR: CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of ATTEST: California By: MARIA D. HUIZAR Clerk of the Council Name: DAVID N REAM Approved as to Form Its: City Manager Joseph W. Fletcher Date: City Attornev Bv: Laura Sheedy Assistant City Attornev LESSEE: TOWERCO ASSETS LLC, a Delaware limited liability company By: Name: Michael P. MacPherson i Its: Vice President /General Manager Date: CA2935 -Heritage First Amendment DM# vl Page 3 25D-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended SECOND AMENDMENT TO CONTRACT FOR ? As Amended Sc STEAM CLEANING SERVICES FOR SOUTH ? Ordinance on 1 Reading ? Ordinance on 2nd Reading MAIN, TRANSPORTATION CENTER AND ? Implementing Resolution PUBLIC PARKING LOTS ? Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with TSCM for steam cleaning services for a one-year period in an annual amount not to exceed $72,000. DISCUSSION Steam cleaning services are required at various locations throughout the City, including the South Main corridor, transportation center and various public parking lots. The program on the South Main corridor allows for quarterly cleanings of the sidewalks on Main Street from First to Warner. The steam-cleaning program at the transportation center provides for monthly cleaning of the bus bays, boarding areas, and main entrances; quarterly cleaning of the stairways, pedestrian bridge and platforms; and semi-annual cleaning of the parking garage, flag and concrete drive areas in front of the building. In addition, the agreement will allow for semi-annual and quarterly steam cleaning of various public parking lots. Staff recommends a second amendment to be executed with TSCM Corporation for the annual amounts stated below: South Main Street $ 26,780 Transportation Center $ 26,000 Public lots $ 9,185 Contingency for additional services $ 10,000 Total annual expenditure not to exceed: $ 72,000 TSCM has provided steam cleaning services for the past five years and has continued to perform at a level that meets or exceeds the 25E-1 Amendment for Steam Cleaning Services December 7, 2009 Page 2 requirements. The original agreement provided for steam cleaning services in the Downtown; however, this service will be assumed by Downtown Inc. effective January 1, 2010 and will be excluded from this contract. The 12-month term for this amendment will be effective from January 1, 2010 to December 31, 2010, in the amount of $61,965 plus a $10,000 contingency for an annual total of $71,965. FISCAL IMPACT Funds are available in the various departments' Other Contractual Services accounts (object code 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Cynthia J. Nelson Francisco Gutierrez Deputy City Manager for Executive Director Development Services Finance & Management Services Agency Community Development Agency Raul Godinez Executive Director Public Works Agency CJN/GL/kg 25E-2 SECOND RENEWAL OF AGREEMENT WITH TSCM CORPORATION THIS SECOND RENEWAL OF AGREEMENT made and entered into this 1St day of January 2010, by and between TSCM Corporation ("Contractor"), and the City of Santa Ana, a municipal corporation of the State of California ("City"). RECITALS A. The City and Contractor entered into Agreement A-2006-325, dated December 4, 2006, hereinafter referred to as "said Agreement", in which Contractor agreed to perform steam cleaning and power wash services for the City. The parties exercised the first one-year renewal period of said Agreement in January 2009. B. In accordance with the terms and conditions of said Agreement, the parties wish to renew the Agreement for the second one-year renewal period and amend the term, compensation and scope of services. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all the terms and conditions of said Agreement, as hereby amended, the parties hereto do hereby agree as follows: 1. The Scope of Services shall be amended pursuant to the attached amended Proposal and Fee rates as set forth in Exhibit A-1, attached hereto and incorporated herein. 2. Section 2, Compensation for the extended period shall not exceed $72,000. 2. Section 3, Term, shall be extended through December 31, 2010. 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. 1 25E-3 IN WITNESS WHEREOF, the parties hereto have executed this Second Renewal of Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: TSCM JOSEPH W. FLETCHER City Attorney By: Lisa E. Storck Frank Pappano Assistant City Attorney President 2 25E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended COOPERATIVE AGREEMENT WITH CITY OF ? As Amended ? Ordinance on 15f Reading IRVINE AND ACQUISITION OF RIGHT- ? Ordinance on 2nd Reading OF-WAY FOR THE DYER/REDHILL ? Implementing Resolution ~I INTERSECTION WIDENING PROJECT ? Set Public Hearing For CONTINUED TO ; ~"~M~~7,/~,~~t;c~:..~-~-~_ FILE NUMBER s CITY MANAGER RECOMMENDED ACTION 1. Authorize the City Manager and Clerk of the Council to execute the attached cooperative agreement with the City of Irvine for widening of Dyer/Redhill intersection, subject to nonsubstantive changes approved ~I by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute the attached purchase and sale agreements, subject to nonsubstantive changes approved by the City Manager and City Attorney, with the following: • CFRI/Greenlaw Dyer Road L.L.C., a Delaware Limited Liability Company for $1,079,606. • DRSS-I, LLC, a California Limited Liability Company for $4,257,880. DISCUSSION The intersection of Dyer Road/Redhill Avenue encompasses the cities of Santa Ana, Irvine and Tustin (Exhibit 1). The widening of the intersection was identified as a required mitigation measure in the 1992 Irvine Business Complex (IBC) Rezone Environmental Impact Report (EIR) prepared by the City of Irvine. Improvements include widening Dyer from six to eight lanes from the Burlington Northern Santa Fe (BNSF) Railroad to Redhill and Redhill from six to eight lanes between Deere Avenue and north of Dyer Road in Santa Ana. On November 24, 1992, Santa Ana and Irvine approved a cooperative agreement to widen the intersection. The cooperative agreement stipulates that Irvine is the lead agency for the design, right-of-way, and construction phases and is responsible for all costs related to the project. The intent of the attached agreement is to clarify the roles and responsibilities during the construction phase of the project. 25F-1 Cooperative Agreement with City Of Irvine and Acquisition of Right-of-Way for the Dyer/Redhill Intersection Widening Project December 7, 2009 Page 2 To accommodate the widening, partial acquisitions of several properties in Santa Ana are required. The 1992 cooperative agreement stipulates that Irvine is responsible for identifying right of way impacts and Santa Ana is responsible for negotiating any acquisitions with the affected property owners. The costs for the acquisitions are part of the project and will be paid for by the City of Irvine. Partial acquisitions of 17,981 square feet of the property at 2001 E. Dyer Road (an industrial facility operated by General Electric Aviation), and 22,398 square feet at 2040 E. Dyer Road (an industrial warehouse operated by Terry Bowman Warehousing) are required (Exhibit 2). Each acquisition impacts only a portion of the property, with no impacts to the existing buildings. Included in the acquisition of both properties is the area needed for a temporary landscape easement. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared EIR approved by the City of Irvine in 1992. FISCAL IMPACT There is no fiscal impact associated with this action. The City of Irvine is responsible for the total cost of the project per Agreement A- 1992-164. APPROVED AS TO FUNDS AND ACCOUNTS: f Raul Godinez I Francisco Gutierrez Executive Di ctor Executive Director Public Works Agency Finance & Management Services Agency 25F-2 PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS (Commercial) THIS AGREEMENT, entered into this _ day of , 2009, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City" or "Buyer"), DRSS-I, LLC, a California Limited Liability Company (hereinafter called "Seller"), regardless of number or gender; WITNESSETH For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property (hereinafter referred to as "said real property") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE ATTACHMENT 1, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as a portion 2040 East Dyer Road, Santa Ana, CA) (APN 430-181-25) Said purchase and sale of said real property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement (but in no event later than December 31, 2009). Seller understands City will not approve this Agreement until it has approved the preliminary title report referenced in Section 2 below. 2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in the preliminary title report to be delivered to Buyer by Seller as soon ar reasonably possible after execution of this Agreement (in no event shall title be conveyed subject to monetary liens other than the liens of non-delinquent taxes and assessments). Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. (b) Seller does hereby convey to City a temporary landscape easement as described in greater detail in Attachment 2, attached hereto and by this reference made a part hereof. Page 1 of 18 25F-3 3. Title Insurance. Seller agrees (at City's expense) to cause First American Title insurance Company to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of FOUR MILLION TWO HUNDRED FIFTY-SEVEN THOUSAND EIGHT HUNDRED EIGHTY AND NO/100 Dollars {$4,257,880) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting those items shown in the preliminary title report referenced in Section 2 above or specified in paragraph 15 of this Agreement or such specific ones as City may hereinafter expressly agree to take subject to. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within 90 days of the City's execution of this Agreement- but not later than December 31, 2009 The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Attachment 3 attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Attachment 3 of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. Page 2 of 18 25F-4 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of FOUR MILLION TWO HUNDRED FIFTY-SEVEN THOUSAND EIGHT HUNDRED EIGHTY AND NO/100 Dollars ($4,257,880). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Relocation. In addition to the compensation outlined in this Agreement, the City (at the closing of this Agreement) will pay to Seller the sum of $60,000 to defray the costs of Seller in relocating their existing signs, outside the area identified in the Attachment 1 of this Agreement. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors in Interest. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Permission to Enter on Premises. Subject to the rights of Seller's tenant, Seller hereby grants City, and its authorized agents, permission to enter upon said real property at all reasonable times prior to close of escrow for the purpose of making necessary inspections. 13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: Grubb & Ellis Attn: Gary Allen 4675 MacArthur Court, Suite 1600 Page 3 of 18 25F-5 Newport Beach, CA 92660 15. Exceptions. City agrees to accept title to said real property subject to items 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 described in the preliminary title report, prepared by First American Title Company, O-SA-1782120, dated May 20, 2009. 16. Entire Aareement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of said real property by City. 17. Hazardous Waste. Except as described in the documents: Semi-Annual Groundwater Monitoring Report Second Half 2008, dated April 13, 2009 2008 Semi-Annual Groundwater Monitoring Report-First Half ,dated August 4, 2008 2007 Semi-Annual Groundwater Monitoring Report, dated March 18, 2008 2007 Semi-Annual Groundwater Monitoring Report, dated September 19, 2007 2006 Annual Groundwater Monitoring Report, dated March 7, 2007 Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Except as described in the documents above and except as permitted under the existing lease of the Property,_Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sec,. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seg. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. Except as described in the documents referenced on Paragraph 17 above (or in other documents referenced in such documents), to the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, Page 4 of 18 25F-6 but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservaticn Recovery and Comprehensive Environmental Response Compensation and liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Intentionally Deleted. 20. Contingence. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 21. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 23. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 28. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 29. Authority to Execute Agreement. 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 each undersigned the other fully, including reasonable costs and attorney's fees, for any injuries or damages to the other in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. Page 5 of 18 25F-7 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. The parties have executed this Agreement as of the date written below. SELLER: DRSS-I, LLC, A California Limited Liability Company Its: ~ i C.~~ ~ ~ 1 CITY/BUYER: CITY OF SANTA ANA BY: David N. Ream City Manager ATTEST: BY: Dated Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Jo Sandoval C f Assistant City A orney Page 6 of 18 25F-8 Attachment 1 Fxrtitirl' roc ~ t,f 1 LTri::11, T)l•:SCR1Y'1'It)\ :~1' V(J. 430-t81-23 1)YE:R RC),~U All R[iD I1ILL :~~L+'VIF: (ORBS-1, 1.LC) [hat crrtain pan.cl of land siittated in the City of Santa Ana, County of Urange, State of California, beta;; that portion cif Parcel 1 of Parcel Vt;tp Nn. 9X-137 tts shown nn a map thereof tiled in 13octk 3t)G, Pages 47 and 48 of }'arcrl \•laps in the Office of the County Itet:nrcier of said Orange Courtly, described as fullo~a•s: CUh1;~9EIVCif~'r rte the most soutlrcrly corner ut'said P:trcol I; theucc along the southeasterly lino of said parcel North 40'36'36" rest 2R.75 feet to the norA~easterly line of that certain parcel c+f I~nxl described in a Aced to the Atchison, Topeka Ind Santa Fc li;tifway Ct>rnpany recorded June 15, 19GG in Book 7062, Page G2 of OiTicial Records in said office of the County Recorder of ()range County; tlicrtcc ak?ng said northeasterly line Not•tlt 4t)'20'S3" West 13..16 feet to the '1'RIJI: rOIVT OiF !3L•'C;111NINC; thence worth 39°39'19" Last 128,2h feet to a lint parallel with anti 11.50 feet north?aesicrfy of the southeasterly line of said Parcel l; thence along said parallel line hurtit 40`36'36" East 471.06 feet; thence North 04°2l'S8" 1~~est .18.17 feet to a line parallel with attd I0.b7 feet southwesterly of the northeasterly line of said Parcel 1; Ihenco along said parallel line Notch •i9°20'32" Gt-cst 5(13.04 feet; thence: worth 49''30'32" ~~'cst 204.03 feet to a line parallel with and soutlytivcster[y 11?G feet from the noc•tha~sterly line of said parcel; thence along said parallel line forth 49`20'32" Wcat 4lt).20 feet to the southeasterly line of that certain parcel of Iantl de:scribt:d in a detxl Io the Atchison, Topeka and Santa fe Railway Company recorded June I5, 196b in Book 7)63, Pubs 57 of Official Records in said C)fGcc of the Ct)unty Recorder of Urange County; thence along said southeasterly line hot2h 40°3746" East ! t.2£ feet to the northcastcrly tine oi'said Parcel 1; thence along the northeasterly Ind southutstcrly lines of said Parcel 1 through the t~tllowing courses: South 4y°20'32" East 12t)3.7G 1'ect, thcnc+; South 04''21'58" East 35.34 feet; thence South 4U93G'3G" West G 12.00 feet to said northeasterly tine pf' that certain parcel of fund described in a decd to the Atchison, Tol~t:ka anti Santa Fc Railway Company recorded Jwte I5, l96G in Book 796?, Page G2 of Official l~ccords in said Office of the County Recorder of Ornngr ('aunty; tht;ncc along said northeasterly line: North 49"20'53" Wesl 12,36 feet to the'f1tGC 1'O1N'1' ()F 81;C1wtY11\'G. CO~iTAI:~I\(;: 22,398 Square ['eel. SUBJEC 1' TO all CavenanW, Kights, Rights-of-lt,'ay and Easements of Record. RXHII3IT "li" attachccl and by this reference rn:uic a part hereof. ~~~o SAND S~~GF C,,~' K1JRT ~i. p 2 Z s~axEU. ~ Kurt It. '1'roxcll, L.S. 785=1 lla ,k 1t?pda::ntgt:?.1?a I'•Admin'•kSa1s~A031•t.Gl; U'l.:tnt yt~ 7~d p0 Tp r2/3112~ q~~f CAG~f~ Page 7 of 18 25F-9 Attachment 9 • T ~.E: ( ) Iht?I~?TE:i ?ECCRG J4'A ~5' P.U. `J0. 9-IH1, P.N.S. 3^til4r-e8, C,T'' tiP~:>2Y. DYER ~ i ~ ~ t "f r, 1, v ROAD G: iv a,w~;• _.L...__ (Vd9'21'Ot~$ LJia.fi5'j _ .~..,~~1~.. ~f ?~/lta. :v ^1 `~J.11.ut,.,A 1i,b °3~ 1 +.F"!'r ,q_ fi ~ ~f ~ s` N-'2 ~ 1 i ctg'2C'.47" 12C~, ,6. Pf:l,. ~ ~ 55.34' s2" - ~ ( ~tiiy'ZO'.;2"'N X33.1:.4' E -"''j i . a j o f J ~ ~o' ~ ~o'' cc~' j AP N0.430-181-2~ `L~~ Z201v' EAST OYCR 1?CAL`) ~ 4 • _ I P~aRC~L l ~ I r' ~ rn ui 1~ I:a r ~ I t) ~ ~ 4'ii Icl f I K Il fV•1 ' ~~p N 1 b ~ 1~ 'i•'] i W C7 oC1 ' ~ ~ IU W t i.i ~ v ' Q, V .Hp `F ~ '''R Z ~ '1 S 10 G (ff ~ W Nag"7~'S3 N t a `v ri ~ 1"~i ~ 1'L.J6' ~ 'n ~ ...i ~ ' n I ~ I J UJI rf'LY LNE t).R. `/962/62 ~ . M._ o ~ ~ ter; Q" 1 I J_ 17. Lao' "I l .'.r / t ~ ~0' z r,s~ 1i.l5' / 28.75' r I ~ SW' LY L 14F ~ 5.25' I'~ ss ~J j ~I s;y c`~ DETAIL ~T ~ ~ ~ ~ ~ " SF.E GETA 1L N.t.s. AT LEFT ~ Try N tr~ U NE'LY LIi~ r~ r°i d.i. k S.i. ES~Ifr. 4.R. 7962/62 i ~ T.P.C3.8. EXHIBIT Mgr P.o.c. ~nesc~u~~~ PAZC~L 2 i~sr si.r cc_.~.. AP N0.430-187-25 PCT.. t SHEET t OF 2 SHEETS PIANNINA ~ CL~ICN / p(,.V FYN II IS YIUN DYER ROAD AND RED HILL AVENUE was ti.*~« ~..»Iwar (DRSS-1, LLC) a ¦ • sn++e cwJ«c~x slay-aa~ C O N `3 U l.T f N G ws.vzaws • Fix ala A7tpra • ..wsmr•~.. CONTAINING: 22,398 SQUARE FEET w ~ 1 •+osp~i~ ,~o .zoo- i't13?IIARY ;1, 2".G8 J.Y, tU-1>i4C41 S\41x1-L%-D..D'AG Ss~FP.RI ~jl//Ufl ;'0 a-1 Page 8 of 18 25F-10 At#achment 1 a`'~ , ~ y ~y i 5' J Sb ~ '196 r, ~ .o, AP NQ. 430-981-25 {2Q4~J LAST DYER ROAp) ,p ~ \ U P~RC;EL i,J1/1 P N0, ~~-187 r'' a t' . r' C' C3 ~ ,p D O~, , p ~ CJ ~ C`~ !y -t1 s ~ LA \ ~ / I)A TA il'~f3LE ~ ° , car n P10. ?3iZNG/DELTA RADIUS LsIG74 .v 1 N4~3' 37' 46 °E 1.20' ~d~ 1` \ ~T~.L ( ) tI~1CATC5 RECCRD DATA FER Y.M. N0. 88-197, P.M.B. 3~/4?-49. ~0°~4,, g2 c~,°~ 92 rz a 11 EXHIBIT B ~ SI~TC11 TO ACCOAiPAHNA ` 1 LEGAL OESCA~710M FOR AP N0.430-151-25 SHEET 2 OF 2 SHEET'S r\AwIVINO ~ Af NYliw ¦ COM5S 4l.GT10N DYER ROAD AND REO HILL AVENUE (DRSS-I,LLC) r ¦ ¦ Norsk-«,rwcrar CON 3 U L71 N 6 o+±ozuue . r•.u ~wg2p~;y~,~,,,~, CONTAINING: ?2,388 SQUARE FEET H:V'unTh ~no.a.~ ens tt~,~cxr.~e„s +oa-cc- ~"PiZL4\nY It. 2~L~R J.A. lCr?OtCat ~ 03.0"~' S~4w'vey 7!17/03 4.6 am Page 9 of 18 25F-11 Attachment 2 '?•/hen recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Ptaza, M-36 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL AGENCY(IES) APPROVED BY DESCRIPTION DESCRIPTION A.P. RNV MAP PROJECT TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED•O.K. NUMBER NUMBER NUMBER 430-181-25 Portion of 2040 E D er Road, Santa Ana, California TEMPORARY LANDSCAPE EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DRSS-I, LLC, a California limited liability company Does Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, easement for public right-of-way purposes for the right to plant, maintain, replace, or remove landscaping in, upon, over and across that certain real property in the City of Santa Ana, County of Orange, State of California, located at 2040 E. Dyer Road, Santa Ana„ legally described as follows: SEE ATTACHMENT 2, EXHBIT "A"and "B" -LEGAL, ATTACHED HERETO; AND BY THIS REFERENCE MADE A PART HEREOF: This permission is granted subject to the following conditions being fulfilled by City: ~A~ Improvements will be constructed in the areas as shown in Attachment 2, Exhibit B, attached hereto and made part hereof. Landscape improvements will be constructed in the area that is shown in Attachment 2, Exhibit C. ~B~ During construction of driveway approaches, access to the business will be maintained at all times. In some cases, construction of one-half of a driveway approach at a time may be required. In this case, the contractor shall provide a temporary asphalt driveway to the business until a permanent concrete driveway is constructed. At no time, the contractor shall block access to the business during construction. ~C~ City shall indemnify the undersigned against and hold the undersigned harmless of any loss of or damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of City or its contractors or by any act or omission for which the City is liable in the exercise of the rights herein granted. It is understood that the period of use of said easement shall exist for a period of no more than 12 months and shall commence with the first entry of owner's property by City's contractor. Upon completion of street widening work, Easement Area shall be maintained in compliance with City ordinances as applicable to this site. This easement shall terminate upon completion of said construction and in any event shall cease and terminate not later than December 31, 2011. DRSS-I, LLC, a California limited liability company By: Date: , 2009 Its: STATE OF CALIFORNIA }ss. COUNTY OF ? On ,2009, before me, personally appeared 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/their authorized capacity(ies), and that by hislhedtheir signature(s) on the instrument the person(s) or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature SIGNATURE OF NOTARY PUBLIC PLACE NOTARY SEAL ABOVE Page 10 of 18 25F-12 Attachment 2 FXI{IRIT ":4'' fags: 1 al' 1 LEGAL DI•:SC:RIPTIO\ :41' `U. 430-181-?S F012'1'EAIPOR41.2Y L:4aVllSC::4PF: F:1S[:~l1\'1' 1)YLI2 ROAD ~4~iD 121ll HILL :4VE~CJC 'That certain parcel of land situattYE itt the City of Santa Ana, County of Orange, State oi' Califoa~+ia, being that portion of Parcel 1 of l'arccl ~iap 1\0. 98-187 as shose~n nn a map thereof fitcd in Book 3pG, Pages 4? and ~f; ~~f Parcel ~teipy in the Ot7ic;e ul'thc; Cuuuty It~corcler of said Orange County, described as follows: CO\11~IEN'CIN(: at the most southerly corner ol'said P~+rccl thence alum the southeasterly line: of said parcel North 4U°3ti'36" Fast 28.75 feet. to the nothcasterly line of that cc[•lain parcel c7f tantl clescribcd in a dccsl to the Atchison, "Topeka and Santa I~c Railway Company rccarticd Jut+c 15, l966 in 13ook 7962, Pate G2 ul' Ollicial Records in said UI'lice of the County 12ccordcr of Orange County; thcncc along said tx~rthcasterfy fine Korth 49'20'53" West 12.3h feet to the '1'12L'l POINT OF B>;CINYI\G; thence North 39"39't9" Fast 128,29 t'ect to a line parallel with and 14.5() feet northwesterly of the sauthcastcrly line fsl' said ['arcel I; (hence along said parallel line Itorth 4U°36'36" East 471.Ub fel; thence Notch U4°21'58" West 33.1' feet to a line p;+rallel with acrd lU.E,7 feet south«•csterly of tl+c nc~rthcasterly line of said Parcel I; thence along said parallel line 1\utKlt 49" 20'32" \lr'est 563.(}4 feet; tltenee tiurth 4)°30'32" West 204.03 feet to a line parallel with and southwesterly 11.26 fief fioan the northcastcrly line of said parcel; thence along said parallel line NnrtJt 49" ZU'32" 6Vcst 419?0 feet to the southeasterly line of chef certain parcel of land described in a deed to the; Atchison, '1'upeka antl Santa Pe Railway Company recorded June l 19Gfi in 13ook 7962, 1'agc 57 of Official RccorcL•s in sand Of~ficc of the Ccsunty Recorder of Orange County; thcncc a[ong said suutheastcrly line South 40°37'46" Vl'cst 1$.00 feet; thence having said southeasterly line South 4}°20'32" IvasE 419.24 feet; thence South 49°30'32" Last. 2{)3.99 leaf; thence South 41)°20'32" East 4fi5.60 feet; thcncc South 4U°39'28" West 15,QU fe>s;t; thence South 49°20'32" East 35,88 text; thcncc South 4U°39'28" West 17.OU feet; thcncc South 49'20'32" !'vast 73.58 f+;et; thcncc South aU" 3G'3fi" \Vest 451,18 feet; thcncc South 39°39'l9" West 128.16 fca;t to said northeasterly line of tflat certain part:cl of land described in a deed to the rllchison, Topck;t ar?d Santa l~e Railway Company recorded June I5, 1966 in i3ook 7962, 1'agc G2 of UfGcia] Rc;cords in said Office of the County Recorder of Orange County; thence along said nc~riheastcrly line South 49"30'53" 1~~:'est t S.UU feet to the TRUE• POI~iT OF BECt\N li~l(;. COhITAfN1YC: 29,8119 Syuare I'ect. 5L'B.IF.CT TO all Covenants, Rights, Rights-of-Way and !~asemcnts of Rccnrd. EXITTBI`1' "13" attached and by this rcfcrence made part hereof. ~~~Q LANp SU~GF ._-_-..7i_~7i ZDp$ KURT R. o hurt 12. 'lroxcil, [..5.734 ate TNOXEtt. ~ H:.t~lnta+1~J10•t04f`,Adminle};ats:~A3I.1.(iL•US.d~w * Ta54 1k 0 J'~' r2~s~~'~ ~~Q 9~aF CAS-\F~ Page 11 of 18 25F-13 Attachment COTE: i ) Il•13I^..~Tf.3 R=C^~.J DA-~. 'E~ i ~I"Y g'di:kY. P.U. V0. •35...18', N.O. 3Cti~dr-44. ~ i( C:~Y_~f' T'•.'V t~ DYER READ ;--i' ~ I,~ ~,~..i~ tr~.9'zt.GS,..n 132i.fi') - ~~;Y tM;r>,F - _ _t.._ JlI {~t!fq'L 1'V i•~ i.:uo, o~' 1 ~ ~ ~tl~. W ~ ~ J -~`f_ `W3'ID'32"tr iz35.75~ L__} f'€:L: -_~~_i - ~ = ~ ; w ~ 4:S ~ 5~5' 20' 32"1: 465.60' _ ` ~ ? f ; (7 , / m !fi f ,'t0('t'1~D R%ii _ ° N S ~ II 30' ~ 30' 6G' J r~ ~~~r 11,,~~ i5' ' I t20' I i1!'i~f..,~ IY?r~ll )~t~. ijl id.50' 1 ' _..-..rl IJ ~ I ~ G ~ N T.~P _D.B. N ~ ~ P C f 1 ~ _ ~ q~, ^ Nl ~J ~ ~ I r~ n Ip'1 ..J .r ~ I r~- ~,0 1 1 2 x ~ ~..1 M I{I NE'lY L::E \ ~ ,L J ~ O.R. 7962/62 "'t c~ o x p o r7 ~ L w1 _ i7.co' - z AP N0.430-1$1-25 w' ~ vW ; r~ { i t .75' (2040 EAtiT f.YcR r'7;:d0} N ~ <T _ ~t ~ I Z _ 44G•3G'36"E SM'LY t.I\E~ 5.2~ 29.75' I ;t4~ ~ ~ ' tl, 1 -SI(~.iT 5 l.Y 29'.'x'- It`s Cam. pa., , DETAIL N.T.S. cs c:.f ~ t5' ~i~ # !Y D:tTA iA:3Lr - ~ ~ m~a~ F~tJS/D_LTA 4AOIt;S t.EhGTH s N49'20'S3"N 12.36' ~tS' 2 S49'20'S3"E" fS.CO' ~ . 3 $49'20'32"E - 73.58' A,T. k S,F. E9dT. °'.0 1 4 540'59'29"W t7.C4' - ~ ~ F 5 S49"20'32"F. 35.88' f'ER C.R. 7962/62 n oa `"J s saa•3s•za"w ~ i5.00' T.PYQB. ~ ^ ! 7 NC4'?.i"59"'~1 38. i7' / SEE OE?All ~ i 8 N39'39' 19•E 128.29' / - ~ ~ ABOVE-- - - ~ ~ - - - -'1 ~ ~ zo l ~ so~ EXH(B(T SBA __1 P.o.c. 1 ~ 1~ SXEiGFITOACCOMPANYA r^f-1~~! 1, ~ ~~'t.Y LL•OAI.DE8CRIpTiONFOR CCR. PCL,. i ~ 430-181_$5 S?iEET ! OF2 SHEEfS Pl.~NNINp ¦ DCpIDa1 ¦ OON ¦~MUDTIpN FOR TEMPORARY UWDSCAPE EASEMENT DYOER~+ROAD AND RED MiLL AVENUE ~ ~ ~ urn u.Tw P,uacxAY (DRSS•I~ i.Lri~ IT+MC CI:f'CMNA97c71.1C77 CON 5 W LTI N G D+x~».xsns • rnX u9uxu>J . wwr•/P,orr. CONTAINING: 29,889 SLIUARE FEET 2 i-~ruar tt, zrn~ ~.rt. ID-to4o4i ~ r. n r n ,r u , cm Page 12 of 18 25F-14 Attachment 2 ~ ~ r c A.?. 'i . EStiT. ` l 1 L'd9a~{iF.'i F~;;C~C !iA'A "r'_R 'Ef2 O.Z. 7J6jSi.\\ ~ \ 1`\, l I'.!d. X10. 55-1A'•. P.SA.9..i~i~J#749. t , ~ ~ s~ \ 'Y~ ~e ~o ~ .a ~ ,y ~ ~y o o A AP N0.430-189-25 ' ~ 99 " 2- Q {204Q E:,ST CYER Rt?Ai;) . 0 ~ d i ~ ' 1, ~l~.l. ~ ~ .-n ~ o OATA TAI,1,> w ,s, °~s 15i ~ - ~ ~ ©ItrxhE! TA RAflIIS LEkG`M .c- ~~.oo' .~o 2 N49'20'32"V1 L~3.04' ~ R 1~ y2 r~, 5Z g 2 ~ EXHIBJT nB~ SI~7CtI TO AC~COAIPAHV A ,y ~ ~z AP N0.43Q-181.25 SHEET 2 QF 2 SHEETS FORTEMPORARY LANDSCAPE EASEMENT ~ ~~.,R~ • DYER ROAD AND RED HILL AVENUE (DRSS-I, LLC) • K7?SALTON?NKWAY CONTAINING: 29,889 SQUARE FEET c a ~ s u Sri N a „0..7:,~ . ~A~"~,;,~"'`„ ;'a;;~„' y: ruA,rA\~oiaa+ CA:^.C\~.~?ItiL•CiM~~:IS ~O~S-_X-!6A~G sun.~s ~!•i~ce iw~c «n fEORW~Y 11. 2IX)8 J,M, t0-iPf011 Page 13 of 18 25F-15 Attachment 2 Exhibit "C" -000'OG©O,O3n ~ i ~ O i I i o ~ ~ , a ~ Z ` ; ; ~ ~ s a a l~d.~.l~ ° r e aC . ~'a~~ ~ ' ' ~J a. rr~ 1 eo .l.L._. Z _e 1 Ma' ~ a ~ ' ~ ® ee 8a ; i _ a:a aaasaa ~ ~ oY..YYRYAAR' E" ~ S~ I a ~ i ~ ~ i ii ~:1~ iI, ~ r ~ , L 1 . i N li ~ t: r ~ Qm r r i `~g ~ ~ ~ ~ j 1 + ~ i~ y p ty is ~1, ~ ~'i~ it u': ~ 1 ? fff a Q ~ ~ i r k w ,rasa n ~ ~ i~ i 9 ' i i ; cZii'~~ wlv~ ~ i i' ~ i 1 b 9~~a N ~ i i i r < . 1 5 , m s °w a ~ . ~ ; ; I ; ~ ? ~ ; e ~ e b r'~.___~__-r- 11~~ MA7CHLINE SEE SHEET LP-OZ »~......sariw...,.......s...a~ v wrn~w . i.re, ..w Page 14 of 18 25F-16 Attachment 2 Exhibit "C" NATCHl1NE SFE SHEET 17-0~ I~~_. - - _ _ I t ° oio 00 op'o 0 0~ g ~ , - ta~a x ~ 9 g~9 i ~ § f N z tl~ O1` V 1r` g a s s a~~ s F."9 N r, ~ ~9 ~ a i ~ ~ , ~ i ~ ,v, 1, ~ ~ S ~`6 i _ f N ~ w ~ a I _ o` I , 00 A~ \ , I ~ f' a ~ ; ~ ~ ~ f,a i i ° . 3 ~ a° ~ ;'i I i ~x ~ f i i 3 i Y 7 ~ ~ f a'~.:, ~ ° ' r j ' ° ' ' _ , ~ ~ ~ ~ ~wf , I i ~ I L tiff ~ ~ ~O ~ ~ ~ 3x aT"` ~ ~ . . m or - - Rf~D HILL of o~.--h~ L ~-----lf I9 ° F•'_'..a an,STArnn t ~ ~ .~5'TdATARC. ~1 9 _ ~ O V R ~ ~ ~ MATCHLWE SEE SHEET 1P-03 ~ _ , Page 15 of 18 25F-17 Attachment 2 Exhibit "C" oooooe©oi~ o _ - - ~ - S~ ~ C~ c I I DEERE AVENUE i z 8~ ~ is ° ~ ~ ~ I f i . y n f ~ I jar,aa asas I~i ~ ~ ~ ~ ; p.'.' 9 I N~ yi 1 i X~ . i ililild~l ~ f i ~ .'sil ~ ~ ~i I I ~ - :j....., p • I I i ~ I ! ~ ` iid .i _ ~ i I iii c Il t I ~ ~P ~ I f t I i ~ f. f_ f i I 8 I ~ l 1'i ~ ¦ ~ A, I ~ i F I i n 9 ~I k 7a p ~ ~ ~ ~ tIi f~ ' m $ ~ I ~ s~ i d• ii 1• , _..t..~ ~ ~ ~ ~ ~ - - - ~IMTCHUNE SEE SHEET LP-06 ' _ - - _ Page 16 of 18 25F-18 Attachment 2 Exhibit "C" MATCNLINE SEE SHEET LP-OS yy~]NN ~ ~~i ~ ~ F: ~i min ~ ~ i ; ; _ ~ ' ; S~ - 0 01010 00 0 7 no r - I i d r ~ 9 Y { ~ ~ _ . 1 - z w~ ~ g a S o iEi 31 ~ y~ X39 I I $ I I ` , I~I~~,~i~ ~ ff ~ a~~a j i _ ~ i I t ®6 A'® 's ! ` ~ I ~ n ~ I , " I I sRX~AA7:ii3 ~ ~ ! J 1 ~ I i I I = j F~ I 1 i ~ ~ ,a , , ( E} I a~ ' +a 111 if ~ ~ ~ I ~ I li ~ ~ I Q ' CCCC ~ ~ ':i :~i L;~ Z , j ti1e:,~..,.ki Y DTI I ~ ~ ! ~ I k n k ~Y 1 i y y I 1 4 1 T y ~ ~ ~ I o~ ; ~ ~ I Y i' V a~ g ; _,1~. m ~ ; I r J I 1 1 ty~ ~ ~ • P I ' ~ ~~y~~~?t7iT~- = g Y , ~ MATCHUNE SEE $MEEf lP OS - ~ 'MATCNLINE SEE SHEET LP-02 .....~r..w~~uw...+..Mw..w..+..~ ~.uin ur. . Page 17 of 18 25F-19 Attachment 3 GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of andlor supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. Page 18 of 18 25F-20 PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS (Commercial) THIS AGREEMENT, entered into this _ day of , 2009, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City" or "Buyer"), CFRI/Greenlaw Dyer Road L.L.C., a Delaware Limited Liability Company (hereinafter called "Seller"), regardless of number or gender; WITNESSETH For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain unimproved real property (hereinafter referred to as "said real property") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE ATTACHMENT 1, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF AND A5 DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as a portion of 2001 E. Dyer Road, Santa Ana, CA} (APN 430-221-13) Said purchase and sale of said real property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company (the "Title Company), 2 First American Way, Santa Ana, California, within ninety (90) days from and after the date on which the City has executed this Agreement. 2, Title to be Conveyed, (a) Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all liens recorded against the real property by or with the consent of the Seller, except those exceptions shown in the Title Report and described in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. (b) Seller does hereby convey to City a temporary landscape easement as described in greater detail in Attachment 2, attached hereto and by this reference made a part hereof. 3. Title Insurance. Following execution of this Agreement, the Title Company shall deliver to City a title report (the "Title Report"). Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued b the abov e Y mentioned title company, with the City therein named as the insured, in the amount of ONE MILLION SEV ENTY NINE THOUS D AN SIX HUNDRED SIX AND NO/100 Dollars $1 079 606 ( ) insuring the title of the City subject to the Permitted Exce tions noted in r 1 p Pa a ra h 15 at no 9 P additional cost to the Seller. Acceptance by City of an such olic of insurance whether such Y N Y , Page 1 of 27 25F-21 insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller. Seller shall not be required to remove any exceptions from the Title Report other than monetary liens recorded against said real property by or with the consent of Seller. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, Attention: Robert Benavente (the Escrow Agent) within five (5) days from and after the date on which Seller has executed this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of Seller's counterpart shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within 90 days of the City's execution of this Agreement. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Attachment 3 attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, including any endorsements to Seller's title policy requested by Seller and approved by Buyer, which approval shall not be unreasonably withheld, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Attachment 3 General Escrow Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said unimproved real property, and severance damages, the total sum of ONE MILLION SEVENTY NINE THOUSAND SIX HUNDRED SIX AND NO/100 Dollars ($7,079,606) (the "Purchase Price"). Upon the opening of escrow (described in Paragraph 4 above), Purchaser shall deposit into escrow cash or other immediately available funds in the amount of Fifteen Thousand Dollars ($15,000) (the "Deposit"). The Deposit shall be applied to the Purchase Price at Closing. Upon delivery of the Deposit in escrow, the Deposit shall be deemed earned by Seller and non-refundable to City unless the real property is not conveyed to City as a result of a default under this Agreement by Seller. City agrees to deposit the remainder of said Purchase Price and all costs to be paid through escrow by City In escrow: with the Escrow Agent within Ninety (90) days from and after the date on which the City .has approved this Agreement, Page 2 of 27 25F-22 and the Escrow Agent is hereby authorized to pay the same to Seller upon and after. (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. If the foregoing is not completed within ninety (90) days after the City has approved this Agreement, Seller may, but is not obligated to, cancel this Agreement and the Purchase Price, less the Deposit, if any, shall be returned to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. Seller may, but shall not be required, to remove any improvements or trees or plants, located on said real property prior to the closing. 8. Condition of Property. City agrees that City has performed all inspections of said real property as it deems necessary and is satisfied and accepts said real property in its present condition. City acknowledges, agrees, represents and warrants that City is acquiring said real property on an "AS-1S WHERE IS" basis and with all faults as of the date of recordation of the Deed conveying said real property to City. 9. Waivers. The waiver by either party of any breach of any covenant or agreement herein contained on the part of the other party shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs. Assigns, Successors in Interest. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12.Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to enter upon said real property, following no less than twenty-four (24) hours notice to Seller, at all reasonable times prior to close of escrow for the purpose of making necessary inspections. In accordance with, Government Code §990, et. seq., the City acknowledges that they are self-insured for liability up to $1,000,000.00 per occurrence. Specifics as follows:.01$ to $1M Self Insured Retention (SIR); $1M to $2M risk shared by 5 Big Independent Cities Excess Pool (BICEP) members; $2M to $10M reinsurance of BICEP Master Memorandum of Liability Coverage by Everest Reinsurance Company; $10M to $12M excess insurance by Everest National Insurance Company; $12M to $27M excess insurance by North American Specialty Insurance Company. 13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and severance damages. Page 3 of 27 25F-23 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: CFRI/Greenlaw Dyer Road, LLC c/o Greenlaw Partners, LLC ATTN: Wilbur H. Smith III 4440 Von Karman Avenue, Suite 150 Newport Beach, CA 92660 15. Exceptions. City agrees to accept title to said real property subject to the following exceptions listed on the September 28, 2007 Preliminary Title Report prepared by First American Title Company: #4 through #21 ("Permitted Exceptions"), described in greater detail in Attachment 4, attached hereto and by this reference made a part hereof. 16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of said real property by City. 17. Hazardous Waste. To the best of Seller's knowledge, Seller has not used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about said real property, or transported any Hazardous Materials to or from said real property in violation of any law. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to ar from, said real property in violation of any law. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), in defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) asbestos, (vi) polychlorinated biphenyls, (vii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (viii} designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (ix) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. S6903) or (x) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. a, To the best of Seller's knowledge, Seller has not received any notices that said real property does not comply with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous Pnge d of 27 25F-24 waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents constitutes said acceptance and approval and that the City accepts the Property "as-is". 20. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. 21. Partial Invaiidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 22. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 23. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 24. No Reliance By One Party On The Other Each party has received independent legal advice from its attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 25. No_Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 26. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 27. Applicability of Aareement To Assianees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 28. Authority to Execute Aareement. 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. 29. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 30. Driveway Ingress/Egress Clarification The City and Seller acknowledge that ingress and egress rights for the real property, to and from Dyer Road and Redhill Avenue, will not be modified Page 5 of 27 25F-25 due to the conveyance of a portion of the real property contemplated by this Agreement to the City. The City will allow a minimum of one (1) driveway on Red Hill Avenue and a minimum of two (2) driveways on Dyer Road to access the real property located at 2001 Dyer Road, Santa Ana, California (APN 430-221-13). This provision shall survive the Closing. 31. Remedial Work. The parties acknowledge that the City's purpose for acquiring said real property is to (1) widen streets adjacent to, and (2) remove and replace landscaping on said real property, as more particularly described herein and in the Temporary Landscape Easement Deed attached hereto as Attachment 2 (collectively, the "Project"). In connection with the Project, certain remedial work will be required to be performed on said real property. Such remedial work is detailed on those certain plans prepared by RBF Consulting bearing a Drawing Revision Date of July 31, 2009 (the "Remedial Work"). City agrees, at City's sole cost and expense, to complete all Remedial Work. This provision shall survive the closing. This provision shaA survive the Closing. The parties have executed this Agreement as of the date written below. SELLER: CFRI/Greenlaw Dyer Road, L.L.C., a Delaware limited liability company By: CFRI Dyer Road, L.L.C., a Delaware limited liability company, its Managing Member By: CRI P pert Tr s ``~a . a land real state i e tr t, its s le man em er By: Nam Title: CITYlBUYER: CITY OF SANTA ANA BY: David N. Ream City Manager ATTEST: BY: Dated Maira Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: ' Jose Sandoval Chief Assistant City Attorney Page 6 of 27 25F-26 Attachment 1 l:xxrsrr ?'n~e I or 2 L[GAi, DTSCRII''I'ION AI'N d30-221-13 DYER ROr1I) AND .RIND BILL AVENI:IF, rArlcl:L I: That certain parcel n( land situated in the City of Santa Ana, County of Orzurgc, State of California, being that portion o'f P:uccl 2 of Lal l..inc~ Adjusunent No. LL. 97-0?3 recori.lnd June 11, 1998 ns Instrument No. 199803G8U21 of UI'licial Records in the QClice of the County Recorder ofsaid Orange County, desc[ibal t[s follows: C014•I6'IIsNCING nt the inler:5ection of the centerline of Dycr Rond with the ccnlerfinc of Red 1-1{11 Avenue as sho4vn on u map (sled in hook 48, Page 1~l of Parcel Maps in said Office ol'tlte County Recorder of Orange County; thence along the ccntcrlinc of bycr Road as shown on said parcel map Nm'th 49°2U'32" 1Vest 375.S5 feel to the southwesterly prolongation q1' the southeasterly line of said Parcel 2 oi' Lot Line Adjustment No. LL 97-021; thence along said prolongation and said southeasterly line North 40°39'23" Last 73.33 feet to the TRUE PO[[V`1' Or 13EC[NN[NG; thence leaving said southeasterly line North 50°09' 19" W[st 721.01 feel to a line peirallel with and G3.10 feet northeasterly of said centerline of Uycr {loud; thence along said pur;[Ilel line North 49°2U'32" 4Vest 143.5( feet; thcncc North 49°19'41" ~Vcst 33.04 feat; thence South 40°39'30" Nest [ 1.11 feet to the northeasterly right-of--way of Dycr Road as describal in that certain deed to the City of Sanl.a Ana recorded June 11, 1995 as Instrument No. 199803b5023 of Ofliciul Records in said OI'[ice of the County Recorder of Orange County; thcncc. along snirl right-of-nary South 49°26'32" East 313.77 fact to an angle; point therein; thence continuing along said right-of-way North 40°38'18" Last 2.UO legit and South 49"20'12" L-,usl 53.77 feet to the southeasterly lint of said Parcel 2; thence North 40°39'?.8" Gast 19.3.; leel to lhe'I'RUL YOII\''I' ON 6ECINNI[~IG. C0~1TA[NINCi: 13,434 Square 1=cct, more or less. PARCF.1., 2: 'that certain parcel of land situated in the City of Sunla Am[, County of Orange, Slate of California, being that portion oC Parcel 2 of Lol Line rltljustrnent Nn. LL. 97-023 recorded 7unc 11, 1998 as Inslrumenl No. 199S0365021 of Official Recar•ds hi the Oflce o['the County Recorder of said Orange County, desa•ibal as foilotvs: COY[i~[tiNCiNG al the intersection of the ccntcrlinc of Dycr Rood n~ith the centerline of Red IGII tlvenuc as shown on a map filed in Annk Oft, 1'al~c 34 of 1'tu•cel Adnps in said Office e,f tlw County Recorder of Orange County; thence t[long the centerline of Red I-till Avenue ns shown cm said parcel map North CIO°3G'3G bast 30.00 feet to the southwesterly line of Lot 105 oi' h ~~inc's Subdivision as shown on said parcel nurp; thence continuing along said centerline of Iled Eiill Avenue North 40°37'53" L-'usl 457.UU feel to the southeasterly prolongation of the soulhweslu•ly Page 7 of 27 25F-27 Attachment 1 AI'N 431}-221-CT Page 2 ul'2 Dyer Rond :urrl Reel i-1111 ~\~•enuc Exhibit "r~" t,egnl Description line of said Parcel ? of Lot !..ine Adjustment No, l,l. 97-07.3; thence along said prolongation and said southwesterly line North 4)'20'32" Wcst 74.5 feel to the `t'RUI: PAIN"I' O1~ BECINNIYC; thcncc leaving staid soulh4vcstcrly line North 40°2T49" bVcst 100.OU fc~l to the norlheastcrly }ine oi~ said Parcel 2; thcncc along said northeasfcrly line South 49'21)'32" Last } 5.43 feel to a point in the norl.hwcstcrly right-oJ=way of Red 11111 Avenue as dcscrihec.l in tr deed to the City of Santa Ana rcc~rded December } I, 1972 in E3ook 104~i=1, Page 9S3 oi' pfticinl Records in said plrce of the County Recorder of Prange Count}; thcncc along said northwesterly right-of-way South ~t0°1T53" West 30O.OU ('ect 1o said southwesterly }ine of Parcel 2; lhcnee nlrnig snarl southwesterly line North 49°7.0',2" bt'esl id.55 feet to Ihe'1'12UI? PUIN`f Oh iTLGINNINC, CONTATNiNC: 4,497 Square I'cel, more or less, SUli,1EC"I' "1'U al} Covcnanis, Rights, Rights-of-~Vay and Easements of ftccord. FtI-TCT3I"1' "i3" nttachcd and by this reference made a part hereof ~5~p ~ AND SURGF KURT R. p TRpXELL ~ _ t _L LD/ ~ * ~ # Kurt R.'Croxcil, L.S. 735 i Date ~~F+A 765400 q~, • !2/911 Q~ FOF CA~~~~ Page 8 of 27 25F-28 Attachment 1 i nnT,\ r•nrn ( ) IPID(L'ATES RECORD DATA PER L.i_.A. N0. LL 97-07.3, C~> f321~1G/ULLTd. Ft,10!US l.FP1:;TH i NSTRl9,lENT M0. 199803fi8O21 , O. R . Cdr,,, 2 uaa'39'2a"F Y9,;+1' ' ~ N•19'2D'JZ"'N 1.45.`6' d ta79'19'dl"8' 33.04' I S S•10'39'30"'N 11.11' I \ G H40'SB'18"~ 2.00' ~ % 549'20'32"c 8;.77' I ( I i \ f'.M. N0. 85-320 I P.M.Q,I Z3o/37-33 I PARCEL 4 I Fl•IRCcL 2 i I I ` ~ I I - - I - - - I I SEE SHEET 2 I°(~~ PA~2CLL 2 7 I ~,..,I I i I I PARCEL2 •~.__-`j_-;-- ~.I111 4,4f37 SU.FT.i I _ I -I ~ P1tRCEL 2 ~ ~ I l n ~ S t. ~r 1 I w N LD-C LINE' ,QDJU:iIMEI`Il" No. LL 97-UL3 \ ~ I ~ 1N57. No. i 993D36c5021, O.R. ~-I>-I I o nr~i`I Sao-2z I ~ ~ 3 I~ I I I (,~j tai I e J ~H) I `a CC a ~ PARCEL 1 ~ ~ IrI 13,484 Sf~.fT.t (i=; ~ I ~ SF.f Dc TA 1 L ~ ° T.P.O,B, I 4 ~ PIZOPOSL"D R/L4 BELUI? ~~~`-I'~'PCL. 1 13'_IGO' N5o'aa'1<.1"w n4.o4' t- T1.13' iti Sag 20'32 E 813.77 , r" I 1 ~ IJ,,y'!0 J2"N _ I(,_ T a9' '3z"w 2 -EXfST. R/'ll~l J ~~"~a~_--~ s7s.as' - 1 { PIa9 z0 3z'H-'1321. 7. PId9 2i )6"W 1;37.1,58 - CE DYER ROAD - - tdE'LY R/'ri P[R I~ / . WST . P:0 . h~ cam/ 19sbosfisoz3, a,R. P.O.C. - T.P.0.9. 8r °•/p%' a'cls. I ~ 2 z ~ ~ `:,I PARCEL 1 1 ~ e~~~ 'r''. N49'2(1'32"W EXHIBI " " - - _.U~- -Y4i~375.65' TB -C DYER ROAb \ SKETCH To ACCOMPANY A 'C /1 LEGAL DESCRIPTION FOR N~ ' L'f R/'N PER 1 NST . sHeET t DF 2 sHEETs ND. 1998036807.3, O.R. ,~,w,.,,,, o~~l~w APN 430.221-13 DETAIL DYER ROAD AND RED HILL AVENUE r4.T.`°• ~ ~ L.,zel.,o•IpnuvNnY m•.eE, C.1'1fOY111A 926N~ 1U:1 ?ON6UL'C1N[t wa.rg25e~ pnrpapwn~~a .".elw.w." HF41Sfi) .IJN~ I8, 2C{a1 /A%,Iif9~l2fi, !lh]S ,1.N. 10-I(1dU~1 ,I: \pOAIA IO1p10~1 CIU7 4AVP11C ;%hptlllti 1011- Y••02.0 SIIA p15 III Otl 2;52 pm Page 9 of 27 25F-29 Attachment 1 P.rn. ,~io. as~aza ,.~,<<,_ ~.In.e. zasiar-,aa C3 ~su'~:,o_ i PARCEL 2 O irlulCArE; r,ccRO u;,Tn PER L.L.A. nC. LL 97-r-,2,1, -(Ni9 21' 16 N 799.55'.)-- ~ - j ` 1 I I 5O' IFiST. nYl. 199,91?'!6802?, tLK. FE'I_Y LINO PCL. 7. F'cR _ ? -I I_,L.A. n0. LL 97-023. 60 1 pgTA TABLE. PARCE~2 ---_110' I no-----rnaly;jCEi.iA---RAO.Iih_.. _LEPK~TI-'. 4,497 SO.FT.t g g ~ I r;a9'zc'sz"~at Go ac' ~A1~CEt. 2 ~g z rcaa'zc'3z"w 14.5:,' k•~, ~ I 3 S<EI'20'32nL 15.4.',' A°N 430--2?-113 0~ I v1 •r ~n CJ N M o 60' In Lor Liri>r ~,o~us-rr~~rrr n~o. s-r-oza ~ N i S'N'LY LINE PCL. 2 PER T.P.O.B. ~ { L.L.A. N0. LL 97-0231 PARC~ E~\ ` I •`3. _ V ~'l•1f'~~. (N49'21'16"'A 315.72') - - ~ , I INST. I Md. 199a036ao?1, O.K. ~I ~ r; <I • ~ ~ C ti ~ v IJJ ao Z i PARCEL ( 1r~j ~ ~ n Q ~ a ~ y., t~l ~I 8 ~ I til ~ 41 - 1- ~ V4I ~ lU~~ ~ 133' w 54'!'LY L[NE LOT 105 I ~j~ 60' N IRVINE'S SUB. , M.dl. 1/88 ~it cv (.!40'3!1' 1:~1"E) a9.2Q_32"W "'132],1L LN49~L.1.6"IY ~ 30.00' EXHfBIT nB° ~~DYERROAD ,N ~ P.O.C.i BIa:TGI TO ACCOAIPAM' A - LEOAL DE8CRIPSIONFOR - I ~ /._`A'_ ~ 1 SHEET 2 OF 2+SHEETS APN 430.221-13 DYER ROAD AND RED HILL AVENUE ~ ~ ~ u:.sAUCrlru•Knn• • nine. cAl.lxaupn n:cA-xu; C~NSUI.TINO 9~JFJ2JA5 • PAx v19A7707T] • .~..vPM,ooe RwlsEO JU1;E 10, zcaa uARCr1 zr,, zDDa ~ rl. 1o-ioaoal 1: • AAA !1 I , Y • • - , -II. IANNI:i 6 111 08 31 iJ pn Page 70 of 27 25F-30 Attachment 2 When recorded, please mail this histrwnonl and lax statements lo: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL AGENCY{IES) APPROVED OV DESCRIPTION DESCRIPTION A.P. R!W MAP PROJECT TAXES PUBLIC WORKS DIRECTOR WRITTEN RY CHECKEO.O.K. NUMBER NUMBER NUMBER _ 430-221-13 Portion of 2001 E. Dyer Road Santa Ana, California TEMPORARY LANDSCAPE EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CFRI/Greenlaw Dyer Road L.L.C., a Delaware limited liability company Does Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, easement for public right-of- way purposes for the right to plant, maintain, replace, or remove landscaping in, upon, over and across that certain real property in the City of Santa Ana, County of Orange, State of California, located at 2001 E. Dyer Road, Santa Ana„ legally described as follows: SEE EXHBIT "A" and "B" -LEGAL, ATTACHED HERETO; AND BY THIS REFERENCE MADE A PART HEREOF: This permission is granted subject to the following conditions being fulfilled by City: (A) Improvements will be constructed in the areas as shown in the Attachment 2, Exhibit B, attached hereto and made part hereof. Landscape improvements and ingress and egress driveways will be constructed in the area that is shown in the Attachment 2, Exhibit C. (B) During construction of driveway approaches, access to the business will be maintained at all times. In some cases, construction of one-half of a driveway approach at a time may be required. In this case, the contractor shall provide a temporary asphalt driveway to the business until a permanent concrete driveway is constructed. At no time shall the contractor block access to the business during construction. (C) City shall indemnify the undersigned against and hold the undersigned harmless of any loss of or damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by City or by any act or omission for which the City is liable in the exercise of the rights herein granted. Page 1 I of 27 25F-31 Temporary Landscape Easement Page 2 !t is understood that the period of use of said easement shall exist for a period of no more than 12 months and shall commence with the first entry of owner's property by City's contractor. Upon completion of street widening work, the Easement Area shall be maintained with landscaping in compliance with City ordinances as applicable to this site. This easement shall terminate upon completion of said construction and in any event shall cease and terminate not later than December 31, 2010, unless extended in writing by owner of the real property. SELLER: CFRI/Greenlaw Dyer Road, L.L.C., a Delaware limited liability company By: CFRI Dyer Road, L.L.C., a Delaware limited liability company, its Managing Member By: CRI Property Trust, a Maryland real estate investment trust, its sole managing member By: Name: Title: STATE OF CALIFORNIA )ss. COUNTY OF t On ,2009, before me, personally appeared ,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/herltheir authorized capacity(ies), and that by hislherltheir slgnalure(s) on the Instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is true and correct. Signature SIGNATURE OF NOTARY P11B1_IC PLACE NOTARY SEAL ABOVE Page ]2 oP27 25F-32 Attachment 2 L\H16('1' "A" 1'asc 1 of• 2 LEGAL, DGSCRII'I'ION AI'N d3(1-221-13 1)Y1;R ROAD AND RED MILL AV1sNilE 1':1L2CE:L, f: That certain parcel of land sil:uuled in the City of Santa Ana, County of nr,inge, Slate ol• California, being that portion of Parcel 2 of Lot Line Adjusunent No. C.L. 97-023 recorcicd June 1 t, 1993 as Instrument No. 199303Ci3021 of Official Records in tl,e Office of the County Recorder of said Orange County, describal as fitllows; COi1~LNTf;11'C[1VC. at the intersection oP the centerline of Uycr Road with the centerline. of Rrzl Hill Avenue as shown on a m~tp filc;d in Dook 43, Page 34 of F'arcc) Ivfaps in said Officu of the County Recorder of Orange County; thence along the centerline of Dycr Road as shown on said parcel trap North 49°20'32" West 375.S5 feet to the southwesterly prolongation of the southeasterly line of said Parcel 2 of Lot Line Adjustment No. LL 97-073; thaicc along said prolongation and said southeasterly line North 4(1°39'23" East 73.33 I'ecl to the TRUF. PO1N'i' OF I3:GG1NNlNG; thence IeavinS said southeasterly line North 50°09'19" West 72l .Ol feet t„ a line parallel with and 03.1(1 feet northeasterly of said uenterline of Uyer Road; thence ,Tong said parallel line North 49°20'32" bVcst 143.56 feet; thcncc North 49°19'41" West 33.04 feet; thence. South 40°39'30" Wcst 1 I.I 1 feet to the norlhenstcrly right-of-wny of• Uyer koac3 as described in that certain decd to the City of Santa Ana recorded lone II, 1995 as Instrument No. 19930363023 of Official Rceot•ds in said Oflice of the County Rec<ardcr of Orange County; thcncc.. along said right-of=wny South 49°20'32" Fast 813.77 feel to nn ansle point therein; thcniec continuing along said right-of-way North 40°33'18" East 2.00 feel and South 49°20'~~" east 33.77 feet to the southeasterly line of said Parcel 2; thence North 40°39'28" East 19.3; Icc;t to the •1"RU13 1'U il~''I' OF SECINNING. CO.NTAINiNG: 13,434 Square I'cct, more or Icss. PARCF,L 2: 'J'hat certain parcel o(' land situated in the City of 5unla Ana, County of Orange, State of California, being that portion of Parcel 2 of Lot Linc Adjustment Nn, 1, L. 97-023 recorded June l 1, 1993 as instrument i~lo. 199S03fi3021 of Official Records in the (.)i•(ice of the County Recorder of said Orange County, described as follows: COMiV~1LNCINC at Chc; intersection of llle centerline of Dyer Ltnad with the centerline of Red I-till Avem,e as shown on map fled in Bonk X13, l'nge 34 of Parcel A-fops in said UI'}icc of the County Recorder of Orange County; thcncc along the ccnlerlinc of Rcd l till i\vcnuc cis shown on said parcel mop North CIO°36'36 Last 3{1.00 feet to the southwcalcrly line of Lot 105 of Irvine's Subdivision iIS ShOWn Olt SitlCl pal'Cl;l Intlp; Ihencc canlinuing ;,long said centerline of Red f-{ill Avenue Nc,rth 40°37'53" Last 457.00 feet Io the southcatiterly prolongation of the soutlna•esterly Pose 13 of 27 25F-33 i I Attachment 2 APN 431)-221-13 Pxgc ? ul' 2 Dyer Ilaad and Recl Ilil1 Avenue Exhibit "A" I,egnl Description line of said Parcel 2 of Lot Line rldjushnen[ No. LL 97-023; thence SIOng 58111 hT0I0tl~illfOn and said southwesterly line North 49°20'32" W'ost 7},55 ('cot to the 'CRUD p01NT' OF BECINNCNC; thence leaving said southwesterly line North 40°27'49" \•Vcst JOO.UU l'cet In the northeasterly line of Said Parcel 2; thence along said northeasterly line South 49'~p'1~" Cast 15,13 feet to a point in the northwesterly right-of=wny oi'Red Hill rlvenuc as dcsuribed in a decd lu the City of Santa Ana recorded December I I, 1972 in Gook ]01G4, Page 9S3 e, l' Ufliciul Records in said Ufiice o(' the County Recorder of Orange County; thence along said northwesterly right-of-tvay South CIO°3T~3" 1Vcsf }00,00 lect to said southwesterly line of Parcel (hence alnng said southwesterly line North 44>°?.U'32" \Vesl 14.55 feet to the: 'CR[Jh: POT\"I' Oh iiLCINN']NC. CONTAINING; 4,17 Square Feet, more: or less. SUBJrC'I"I'U all Covenants, Rights, !tights-of-~Vay and fascmenis of Record, EtHIB11' "I3" attached and by this reference made a part hereof, 1. ~5~0 SAND SU~~F ti =,4' KURT R. d Kurt R.'Croxell, L,S. 7854 Date ~ ~ 7854 m J,f, +A boo ~~Q 9~. ' 1213H FOf CAS\~~ Page 14 of 27 25F-34 Attachment 2 NOTE nnra rnnl.t: ( ) INDICATES RECORp DATA F'ER L.L.A. ND. LL 97-023, ~trr,;/UCLIA RAOfU 1.=N,",TH IiISTHl.61Eh1T NU. 199803[1307.1, O.R. ' ?190' 39' Z&"C 5•I . W' ~~r` 2 d190'39'2t1"E IS,;I:S' 3 Ifs;)' 2(1' 32°'N 1 •i3. ~E' d N49'19'41"'N' 33.OM1' I i \ 5 5.10'39'30"'N 11.11' 0 N9U'3E1.18"c 2.u0' I \ ~ I 7 S98'20'3Z`= 83.77' I ~ P.I+f.IND. 35-320 I I P.1vLE3. 23>/37-33 I I PARC[:L 4 I PARCEL. ? 1; I I _ - I - - - _ 7 I I SLE S'rICE l" 'L I'OR PARCEL 2 ~ I \ I f i PARCEL 2 I,~ I1 I 34' 4,497 Sq.F'T.:i 1 ~ I I - I-- YI~RCRL 2 F-r I a~ 1 I ~Iri 1 z I w ~ LOT LINT' ADJUS"f,41L'N7 NU. LL 9%-023 1 11..:n r-----i--alums INST. N0, 1992(J368t)21, O.R. ~I~I ~ I Ny ( °'l o Af'N 430-?..21 ~ 13 ~ I I ~1 IR I ~ PARCEL I [ • c_ ~ , ~ c; z % I`~~ Lt` ~ ? I ,-PARCEL 1 r ~I;- I _ 13,484 $q.fT.t I1~ I v<_,I 1 I ° SEE DETnII_ II° T.P.O.B. 51 C ~ PROPOSED R/W BELOW `I~^ PCL. ~ 73'~6O'I NriO'00'19"'N 721.01' L' /.~,-:.~133_I- -'l+~ 1 l` N 549 20 32 E 813.77' 1 I ~ NA9' 2(l 37."N !49' 3z"'N Exisr. R/rr N J - o. ._I.,-?U, ~J 07' In ~ 7~~ Ir-- i 37:1.85' In 1 ' w T- 1199 20 J2 W 1321.72 H40 21 Ifi"M `137.1.68 _ ~ I ~ ~ DYER ROAD hlE'LY R/vr PER ~ ~I I t., ~ INT. k0. I• ~ Qv`•':~ 199803Ei8023, O. R . - P.0_C_ T,P.0.8. ,n~' PCLS. 1 F• 7 POI.. 1 ~ o~ '1 2 • V~'a _ EL 1 ~ c~~ - ~ It-- ' n IVA9~2U:32"'N EXHIBIT ~Bn t~ 375.85' 9KETCN TO ACCOMPANY A Z ~ DYER ROAD LEGALDESCRIP110NFOR N~'l_Y F/'N PER IIJST. fvG. 19980368023, O.R. SHEET10p2SHEETS APN 4~az21.19 DETAIL DYER ROAD AND RED HILL AVENUE N.T.S. ~ ~ ~ Icu.t,cvrA,vwAv tp5„l. Cti~!'Uf1M 0:4:b~]U]I C?NLiUL't'IND ~<ab], ]^es ~ cb[nabn»x,71 , .."vpuF <nn FEYIEEiI .UI~F_ 18, 2fti0 IANiY:H 2G, 2CQH J,N. 1(1-1(14gA1 /1: POA ]A 10 UbU+1 CA i,I /IPFiVO ::(Ili(Il lti /OAI-t"t~•OR. 'M: u11A.~11(I:i 4 1!I UO 2:5t W„ Page 15 of 27 25F-35 i Attachment 2 P,MI. ~Ib. 8:i--32U P.M.U. 236/37--iii 3 I30'I3()_I~ ±t~;~r - _ PARCEL 2 _ (1 1{rolcnrrs rt:ccr+n u;,rn (Ih 9 21' I6"W 799.55) I ! r^ik L.I_A. KC. I_L 9i [P?S, 50~ INST, t,~, 199t!(.`,6ii021, C, R. rr'L•r ~lu_ PCL. z Pea ~ ~ ~ I _I L.L.A. 1,17. LL 97-0'LS. 60 ~ Darn rne'_F 110' PARCEL2 [>Illr,/I:e[:[n Rnolus ~_Incrr, 4,'397 SO.FT.t - g g I Ita9'2C'3z"[v 64l.ua' PARCEL. Zr_ s3 ~ I 2 1•;•19'241']2"M 14.55' a{ ! } Srg'24S'32"E - 15.43' APN G30-7..21-13 o;-I ! u°r' .n ~yy ni Mi _ (L ~ ~ ' LOT LIPlE AUJUSTMEPI-f {~lU, LL ~7-t723 I I 'fir SW'LY LINE PCL. 2 PFR T.P.O.B. ~;I L.I_,A. N0. LL 97-023-1 PARCEL 2 - ~ I ,A`b• rte. a7N49'2.1' IG"N 315.72') - ~ 1--' _ 2 / INST. Nb. 1 ssaba6ao21, o.s;. / _I ! ---~I - O Z I G a ~ W PARCEL I ~ m ~ I;,; z ~ ~ I- ai v I u i~ ~ J m _ Wo ~l~~o ~ N~ ] lu u n / o L , ! 133 r ( i tI.~~ SW' LY L f I~IE LDT i05 73' 60' u'S -y- IRVINE'S SUfi., M.bl. 1/88 -11 - ~ - - I - ~n ~ v _1140'36'3&°E N49' 2C~T2"W 1~ LJ?.I 11 IC149 ~ z1' I6"H' ~o IJ fiFJ,-._._ . i/ :YJ.CO' n n EXHIBIT B ~DYERROAD ~ I p.o.C. BKETCFI TO ACCOMPANY A LEGAL DE9ORIPTICN FOR - ~ ~ I I - SHEET 2 OF 2 SHEETS APN 430-221-13 'u"~u' DYER ROAD AND RED HILL AVENUE IU2f Al l0.14A"e'NAf • ¦ ¦ {hllf CA~ILlylU p96Y~]e)] CON3IJ LTING giAaR 7:05 • FPM FtgA]]e]:5 • .w,rlQin,arn Rtv[s~_n JU;E I6, zc~a w , e NFR:FI N, 2008 ,1.11, 10-IO~D41 uev r, xul ~-t..-n.oxc iuums ale oe am Page iGof27 25F-36 i Attachment 2 Exhibit "C" a , - =~oyc~c~~c~o~F~ j f F a b ~ ~ j ~ ~ , ! ~ ~ ' ~ ~ /j~'r 94 i M/' ff'"~~ 11 ' u n~~ ~ ~ h pp I ~1 I Yt~ ~ ~ 4~ti u ~ C7 ~ G~ G7f7 ty 3~ F ~i i~ ' i ~,IS ~ I rl ~ s ~ y ' I I~ j I i. ' la R I I I ~ t ~ ~ 1 [G {v .i b ~ ss S a~ ~ ~ S t I iy r t^. , ~ ~YYiYYYRY II ` ~I ti d~ ~ ~ 'I 3m 'G !I p1P P P ~~0 P P..~ ' + j ~ GGGy F ~ ~ ~ 1 { u. pR~ }~l ~ Fj ri*~C_ - + ' 'iE d. Y 4 i S~ IIiJ~ i I j ~.~i ~i ; c~ u i rn i,. F t1 ~ T ; ~ ; ~ ~ ; i ~ S:sa s-: i i ' f `i ,S u~ik ~ 1YyL9~ ~ ~t . ~ ! i , r: 7<54~~ Imo: ~ F } .'{~'~I ~ ( 1~ t1_. . Z D I Ill I N [ I U' ~ ~ l' i I! ~ ~ ~ i ! i r ~ `i:; ~ ~J s e~~ t i - ~F Page 17of27 25F-37 i i i i Attachment 2 Exhibit "C" i _ unuvunr. sn: sulu n'-or I _~a o'-~ J ! A. _ Jni)ir lijrl r~C h_ ~ ` i ' e( lut `I ~ ry ~ r ~ t ~ a ~ 1 rii ~ I ~ ~ nr ,I s .o ~ C ~'y `I 1li~o~~e d ~ ~ ~ . ~ a n C` { " S r u CI o ~ ry E L, ~ 1. I-~.~~) / ~ 'vv1 ia1 i ' 7 2 4r ,1 j 6~ 1'Jr ~LdJ 4~U :~F ' t iSlg1 0~' ' ~ / ~ I ~ I 7~ ~j ~ t 3 H ~ ~tr. 3~ I I ~ - r I ~ I '')Ir .I ' ~Z 4 ~ d. ~ it ~~~a~l. aA ' ~ t k c!r I ~ ~I ~}j li S i ~ E'( 4 1 ' _i~ [r rrrr a t ~ i-~ b ~ ~i...; 4 ~ I' I i I H9 ~Sp ~-~G~~ ~ t~ ~I I FLa ~ ~ x s~ , m el AEU Iuu - - ^F _ ii ~ _ ~o- ~ - ~ ~ r vetcirtr~c st[ •rr r y ' ~{e a ~[c u'-oa ~ Page Y8 of 27 25F-38 I i Attachment 3 Exhibit "C" V+111:1 rlrkf. 5(L ;rrlC7 ll'I>.1 4'AI(:111.1r;1. SCL `;r ills 11'-!p -)f9UOClU Ca EJUx(~ I Y Il 33 ~$22a'z9~~ i.Kf ~~;t t: a a y ~ ~ J~ 1 ~,p~;~-1~ i,11 r.i17r . 1 i , fi ~~~a - ~ ; a I ~ ~ ~~A~~~~A~~4~d I.I ,s~~~: as ~ ~ ~ I IV - - - - _ I, ,I~ r~4 T ~~~~~~~39Y i~ ~;I a y~ i ~ sR~~~x~~d~ i' ii~ aF~; .1. ii'i' w" m».---- z ~:1 ~ . _ e ~ yyaR k51 R'1 1 ;r;r:js ~ ? p , ~ i o~~ s~ qI' ~ ~ ;I 11 i i i j ~ ? f, 'r ~~J ~ 1 ~ f i I 1 ;;rj,l f _n ~ a I ~ ' 4.x.1;+~_.1 5 ~O x83 r ~ B n N` R y~~~ , I J I d 11/3u ±t~i)II ~ r m u.lru~' f. I ! Ira k - ~••Cf~ ~ I' r Page 19 of 27 25F-39 i Attachment 3 GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents .deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or .proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully 'i released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof, These escrow instructions, and amendments hereto, maybe executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. Page ZO of 27 25F-40 I i Urder Nur v': O-5A-17II2127 (Df3) Page Number: 1 t ~ t~ Uptlatetl ~N _ ~ rr. ~~~.te~yyJ~~~i First American Title Company 2 First American Way Santa Ana, CA 42707 Tim Kirkham City of Irvine 1 Civic Center Plaza/PO Box 19575 Irvine, CA 92606-5207 Phnne: Fax: Customer Reference: 430-221-13 Order Number: O-SA-17f32121 (OS) Title Officer: Jce Gallagher Phone: (714)250-3975 Fax No.: (714)913-6387 E-Nlail: jagallagherral Firstam.com Buyer: Property; 2001 East Dyer Roacl Santa Ana, CA PRELIMINARY REPORT In ru~;ponx to the above referentt~rl applicalkm fnr a pulpy o! Illlu brsurancc, Ihls cwnpany hereby report. that it I ,prepared to Issue, or cause to be Issucvl, as of fix elate hereof, a Policy a Potldts of Title Insurmxe descrlbiny Ihu Inrxl and the estate or Interest therein hereMrafler sal lath, brwring apnlnst bss which may be srntained by « asar d any defect, Ilea ar uHUUnrbran[e nnl shame w referred to a, an ExcepLiar Ixalav a not exchxled from coverage Ixrrsumrt to the prlnlc~i Schedules, Caxlilkx rs and Suixdatbns of saki Paltry forms, 71re prlntcd Exceptions and Exclusions from lbq coverage of said Pollry or Polkl~.: am set forth In ExhNrp A attached. Ctyricw of the Policy fa•nts should be read. ThuY are aval4Vrle Fran ItM offke vrhich Issex!tl lids r¢lx»t. Please read rho oxceptians shown or retorted to below and the exceptions and exclusions wt forth in Exhibit A of this report carefully, The exceptions and exclusions arc meant to provide you with notice of matters whidr are not covered under the terms of the title insurance policy and should be carefully considered. it Is important to note that this preliminary report Is not a written representation as to the cnnditlon of title and may not Ilst all (lens, defects, and encumbrances affecting title to the land, lids refxxt (and arty supplemerds or arnendnxatLS hereto) Is I!sutd solely for the punwsu of facilitating the is:.uance W a policy of title 6eainnce ilod 110 Ilabilgy I5 aSS1anCCl Ik"feby, If II IS dcsllCd that hilhlllly Ix! a55a111EY1 pr'lof to diu 195Ua1H:e Of 1 Ix)II(y of IIIIC In.UI:l11CC, a binder rx [omndunent shard lx requested. Ficsf<1me~ican Title Page 21 of 27 25F-41 i I i order Ntn. ~r: o-sn-nll2lzl (of1~ Page Number: 2 Dated as of September 28, 2007 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: Standard Loan n specific request should be made If another form or addlCional coverage is desired. Title to sold estate or hiterest at the date hereof Is vested in: CFRI/GREENLAW DYER ROAD, L.L.C., A DELAWARE LIh1TTED LIADILfII' COI~IPANI' The estate or interest fn the land hereinafter desa•Ibed or referred to covered by this Report is: A fee. The Land referred to herehi is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition fo the printed Exceptions and Exclusions in said policy farm would be as follows: 1• Tntentionally Deleted 2. General and special taxes and assessments For the fiscal year 2007-2008. First Installment: $206,743.39, OPEN Penalty: $0.00 Second Installment: $ZOE,743.39, OPEN Penalty: gD.00 Tax Rate Area: 11-019 A. P. No.; 930-ZZ1-13 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4• Water rights, cialnts or tlUe to water, whether or not shown by the public records. 5• An easement for pipe lines and Incidental purposes in the document mcorded December 11, 1958 In Book 4513, Page 75 of Official Records. G. An easement for pole lines aril Incidental purposes in the document recorded in 13cmk C(85, Page 911 of Official Records. FirstArncrirrn 7if/e Page 22 of 27 25F-42 i I I I Order Nui,.._ ~r. U-SA-17B212I (OQ) Page Number: 3 7• An easement for conduits and Incidental purposes fn the document recorded In Book 668;, Page 921 of Official Records. 8• An easement fa' avigation and inddenlal purposes, recorded tlarch 1.7, 1964 In Book 6965, Page 72.1 of Official Records, In Favor of; The County of Urange Affects: Sdid land 9• The terms and provisions contained In the document entitled "An Industrial Planned Community Ordinance" recorded January 20, 1965 In Book 7385, Paye 9l5 of Official Records, 10. Covenants, conditions, resbldia~s and easements in the document recorded In Book 7529, Page 600 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of Gust made in good faith and for value, but deleting any covenant, condition or restdcYlon indicating a preference, limitation or discrimination based on race, color, refiglon, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or dlsabiHry, to the extent sorb covenants, condlllons or restrictions violate Title 42, Section 3604(c}, of the United States CcxJes or Sec3ion .!2955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants In senior housing or housing for alder persons shall not be construed as restrictions based on familial status. Document(s) declaring modlficatlons thereof recorded tgay 30, 1989 as Instrument No. 89- 285371; Nlarch 2, 1990 as Instrument No. 90-112441; October S, 1990 as Instnnnent No. 90- 535152; January 1D, 1991 as Instrument No, 91-014595; )anr.rary !0, 1991 as Instrument No, 91-014596; September 2G, 2002 as Instrument No. t12-87.7184 and December 1 B, 2006 as Instrument No. OG-846883 all of Official Records. 11. An easement fw• street and inddental purposes in the document recorded f~1ay 9, 1966 in &rok 7925, Page 979 of Official Records. 12. An easement for rail road and incidental purposes, recorded June 15, 1966 in Book 7962, page 57 of Offirlat Records, In Favor of: The Atchison, 'Copeka and Santa Fe Railway Company, a Y,ansas Corporation Affects: Said land 13. An easement for street, highway and incidental purposes in the document recorded in Book 8276, Page 896 of Official Records. 1•I. An easement for aerial and underground Imes, conduik, and incidental purposes in the document recorded In Sook 9358, page 339 of Officlai Records. 15, An easement for road, public utllilies and Incidental purposes in the document recorded December 11, 1972 In Book 10464, Page 953 of Official Records. 1G. The fact that the ownership of said land does not include any rights of Ingress and egress to or from Red HIII Avenue, except at street Intersections and Dyer Road, and at the following driveway locations: The Southeasterly 30 feet of lhr; Northwesterly 79 feet of said lot, and tl~e Northwesterly 30 feel of the Southeasterly 658.50 feet of said lot, Said rights having been FirstAnreric,~n Tif/e i'abe 23 of 27 25F-43 i i I ~ Order Mur, .r: O-SA- 178212 I (OQ) Page hlumiaer: 9 reilnquished by deed to the City of Santa Ana recorded pecember 11, 1972 in Book 10964, Page ! 953 of OFfid<ii Records. i 17. An easement Rx underground lines, conduits and incidental purposes In the document recorded in Book 10678, Page 60 of Offlclal Records. 18. An easement for an underground storm drain to be used for flood control and wafer catservalfon and incidental purposes in the document recorded in Book 11335, Page 12fi7 of Official Records. 19• An easement for construction and incidental purposes in the document recorded In Book 1.1335, Page 17.71 of Official Records. 2U. Covenantr, conditions, restrictions and easements in the document recorded October 13, i97B in Book 12881, Page 184 of Official Records, which provide that a v(olation thereof shall not defeat or render Invalid the lien of any first rnorfgage or deed of trust made in good filth and for value, but deleting any covenant, condition or restriction Indlcatiny a preference, limitation or discrimination based on race, color, religion, sex, handicap, fantillal status, national orlgDt, sexual orientation, marital status, ancestry, source of income or disabliity, to the extent such covenants, conditions or restrictions vldate Title 42, Sedion 3GO4(c}, of the Unitr:.d States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for alder persons shall not be construed as restrictions based on famlllal status. 21. Easements, covenants and conditions contained in the deed h•om 7-eno Table Co. loc., a C<ilifornla Corporation, as Grantor, to Candlewood Orange County, CA-Airport, LLC, It's successors and assigns, as Grantee, recorded June 11, 1998 as Instrument No. 19980368022 of Official Records. Reference being made to said document For full particulars, I 22. Riyhtr aF parties in possession. 23. A deed of trust and financing statement to secure an original Indebtedness of $37,200,OOU.00 recorded Auyust 9, 2007 as Instrument No. 07-498482 of Offldal Records. Dated: August 9, 2007 Trustor: CFRI/Greenlaw Dyer Road, L.L.C., a Delaware Limited Liability Company Trustee: First American Title Insurance Company, a California Ca poratlon beneficiary: Anglo Irish Bank Corporation PLC The Perms aril provisions contained in the document entltled Asslgmnent of Leases, Rents and Profits recorded August 9, 2007 as Instrument No. 07-498983 of Official Records. 24. A financing statement recorded August 9, 2007 as Instrument No. 07.498489 of Offical Records. Debtor: CFRI/Greenlaw Dyer Road, L.L.C. Secured party; Anglo Ir•Ish Bank Corporation PLC 25. With respect to CFR[/Greenlaw Dyer Road, a Itmlled liability canpany: a. A copy of Its operating agreement and any amendments there Ur b . If it is < ~ California Ihnited liability company, that a certified copy of its articles oP organization FieaAnrcrican Title Pace a~f c,ra~ 25F-44 i Order Nur~ _r: O-SA• 1782121 (08) Page Number: (LLC-1) and any certificate of mrrectkm (LLC-11 certtflcate of amendment (LLG2), or restatement of articles of organization (LLC-1(1) be recorded in the public records; c. If It is a foreign Ilmlted I1a6111ty company, that a certified copy of its application For reyistraUon (LLC-5) 6e recorded in Lhe public records; d. With respect to any deed, deed of h ust, lease, subordination agreement or other document or Instrument executed by such Ilmited Ilabllily company and presented for recordation by lhe• Company or upon which the Company Is asked to rely, that such document nr instrument be executed in accordance with one of the following, as appropriate: (q If the Ilmited Ilabllily company properly operates through officers appointed or elected pursuant to the terms of a written operating agree+nenl, such document must be exearted by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, asslstartt secretary, the chief financial officer or any assistant treasurer; (li) If the Ilmited Ilabllily company properly operates through a manager or managers identified In the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by rxre manager If the Ilmlted Ilabllily company properly operates with the existence of only one manager. e. Other regulrernents which the Company Wray impose fallowing its review of the ntaferial required herein and other information which the Company Wray require. first ~meric<3n Til/e I'a6e 25 of 27 25F-45 i OrderNui~._.r: O-SA-.l7F1ZIZl (08) Page Number: G INFORMATIONAL NOTES 1. Taxes for proration purposes only for llie fiscal year 2007-2008, First Installment: $0.00, NOTAXDU[ Second Installment: $0.00, NOTAXOUE Tax Rate Area: 11-019 ANN: 430-221-01 2. Supplemental taxes for the fiscal year 2006.2007 assessed pursuant to Chapter 3.5 conmrenriny with Section 7; of the California Revenue and Taxatlrni Code. First Installment: $44,653.65, PAID Penalty: $0.00 Second Installment: $44,653.66, PAIp Penalty: $0.00 Tax Rate Area: 11-019 A. P. No.: 430-221.13 3. According to the latest available equalized assessment roll in the office of Ifie county tax assessor, there Is located on the land a(n) Commercial Land kno4vn as 2001 East Dyer Road, Santa Ana, California. 4• According Co the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as folloevs: A document recorded December 7, 2006 as Instrument No. 06-820157 of Official Records. From; Rack-Valencia, LLC, a California Limited Liability Canpany To: FR/CAL Dyer Road, LLC, a Delaware Limited Liability Company A document recorded August 9, 2007 as Instrument No. 07.498481 of Official Records. From: FR/CAL Dyer Road, LLC, a pelaware Limited Liability Company To: CFRI/Greenlaw Dyer Road, LL.C., a Delaware Limited Liability Company 5. This preliminary report/commitment was prepared based upon an application for a policy of title Insurance that identified land by street address ar assessor's parcel number only. it is the responsibility of the applicant to determine whether the land referred [o herein is In fact the land that is to he described In the policy or policies to be issued. We find no open deeds of trust. Escrow please conftrm before closing, The map attached, If any, may or may not be a survey of the land depicfied hereon. First American expressly disclaims any liability (or loss or damage which riiay result from reliance on this reap except to the extent coverage fur such loss or damage is expressly provided by the tr_rms and provisions of the title insurance policy, i(any, to which this map is attached. first Arnericvn Title Page 2G of 27 25F-46 Order Nur~,...x: O-SA-1782121 (118j Page Number: 7 LEGAL DESCRIPTION keal properly in the City of Santa Ana, County of Orange, State of California, cfescribcd as Follows: PARCEL 2, AS SHOWN ON EXHIBIT "B-2" A-Il'ACHED TO LOT LINE ADJUSTh1ENT LL 97.023 RECORDED ]UNE J.1, 1.998 AS INSTRUMENT N0. 19980368021 OF OFIICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING ALL OIL, UIL RIGFfTS, MINERALS, MINERAL RIGFTTS, NATURAL GAS RIGHTS AND OTHER hiYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WiTI-i1N OR UNDER l'HE PARCEL OF LAND HERE[NABOVE DESCRIBED, TOGETFIER N/ITFI THE PERPf_TIIAL RIGFff OF DRILLING, h1INING, EXPLORING AND OPERATING TFIEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LANG OR ANY OTHER LAND, INCLUDING TFIE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN TfiOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM Sl1CH WHIPSTOCKf:D OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND 51-IAf-TS UNDER AND BEfJEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, h1AINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR h1INE5 WITHOUT, HOWEVER, THE RIGHT TO DRILL, M[NE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND FIEREINA80VE DESCRIBED, AS RESERVED BY THE IRVINE COMPANY IN DEED RECORDED OCTOBER 14, 1977 IN BOOK L2415, PAGE 997 OF OFFICIAL RECORDS, AND THE IRVINE INDUSTRIAL COMPLEX IN A DEED RECORDED DECEMBER 29, 1972 ]N BOOK 10489, PAGE 291 OF OFFICIAL RECORDS. ALSO EXCEPTING FROh1 TI1AT PORTION INCLUDED W1ThfIN PARCEL 4, AS SH04VN ON A MAP FILED IN BOOK 48, PAGE 34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDf_R OF ORANGE COUMY, CALIFORNIA, ANY AND ALL WATER RIGHTS OR INTERESTS IN WATCRS RIGHTS AND ANY AND ALL GEOTHERMAL RIGhR'S OR INTEREST'S IfJ GEOTHERMAL RIGKT'S, NO MATTER hiOW ACQUIRED BY GRANTOR, AND OWNED OR USED BY GRANTOR IN CONNECIlON WITH OR WITH RESPECT TO THE LAND, WHETHER SUChi WATER RIGHTS SHALL 8E RIPARIAN, OVERLYING, APPROPRIATNE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL, BUT WITHOUT, IiOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RTGHTS, AS RESERVED BY THE IRVINE COMPANY IN DEED RECORDED OCT08ER 13, 1978 IN BOOK 12881, PAGE 18•I OF OFFICIAL RECORDS. APN: 430-22]-13 and 430-221-01 Finnt~Utreiic~n Title Page 27 of 27 25F-47 25F-48 AGREEMENT BETWEEN CITY OF SANTA ANA AND CITY OF IRVINE FOR THE DYER ROAD/BARRANCA PARKWAY/RED HILL AVENUE INTERSECTION IMPROVEMENT PROJECT THIS DESIGN AND CONSTRUCTION AGREEMENT ("Agreement"), is made and entered into this day of , 2009, by and between the CITY OF SANTA ANA, a California charter city ("Santa Ana"), and the CITY OF IRVINE, a California charter city ("Irvine"). In this Agreement, Santa Ana and Irvine may each be individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS: WHEREAS, Irvine has initiated and is proceeding with the Dyer Road/Barranca Parkway/Red Hill Avenue Intersection Improvement Project ("Project"), which includes the design and construction of additional through lanes in each direction along Dyer Road/Barranca Parkway and Red Hill Avenue, the addition of eastbound and westbound left-turn lanes on Barranca Parkway, and the addition of a westbound dedicated right-turn lane on Barranca Parkway and Red Hill Avenue; and WHEREAS, the Project involves Santa Ana and Irvine because the common city boundary line exists through the intersection of the Project; and WHEREAS, some of the Project includes work within Santa Ana; NOW, THEREFORE, based upon the foregoing Recitals, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by all Parties, the Parties agree as follows: 1. In accordance with the existing Agreement dated November 24, 1992 and Letter of Understanding dated January 6, 2006 between Santa Ana and Irvine, Irvine will act as lead agency for the design and construction phases of the Project. Irvine is responsible for funding the Project within the Santa Ana and Irvine city limits. Pursuant to the agreement, Irvine is responsible for "Total Cost" of the project. Total Cost includes the design, design administration, materials testing, site construction survey, inspection, construction engineering, construction management, as well as construction for the entire Project at no cost to Santa Ana. 2. Santa Ana will review, approve and sign the final design drawings for the improvements within the City limits of Santa Ana prior to bid advertisement. 3. Santa Ana will issue a no fee permit and inspect the improvements for general conformity to the plans and city standards within Santa Ana. 4. Santa Ana will coordinate the relocation of all affected utility company facilities within the City limits of Santa Ana in a timely manner. 25F-49 5. Irvine and Santa Ana shall extend cooperation to each other and proceed under this Agreement in good faith during all phases of the Project to facilitate timely completion of the Project. The Parties agree that when any component of this Project is subject to the approval of Santa Ana, such approval shall not be unreasonably withheld. 6. Santa Ana will be notified as to the official advertising dates, bid opening date, construction start date, and overall construction schedule. Also, a representative from Santa Ana will be invited to attend pre-construction, Project status, and final walk through meetings. 7. Change orders for work within Santa Ana must receive the written approval of the Executive Director of the Public Works Agency of Santa Ana or his designee prior to implementation. Irvine will notify Santa Ana of any potential change orders immediately and will furnish a copy of any proposed change order affecting Santa Ana within ten (10) days. Santa Ana will review and respond to the proposed change order(s) within five (5) working days of receipt by Santa Ana. 8. The following staff members, or as otherwise designated in writing by the Director of Public Works of Irvine or the Executive Director of Public Works of Santa Ana, shall be the selected representatives of each City to act on each respective City's behalf with respect to this agreement. Any notices, requests, approvals, plan submittals or communications shall be provided to each representative noted below: City of Santa Ana: City of Irvine: ATTN: Souri Amirani ATTN: Mark Carroll Deputy City Engineer City Engineer 20 Civic Center Plaza, M-36 P.O. Box 19575 Santa Ana, Ca 92701 Irvine, CA 92623-9575 Phone: (714) 647-5640 Phone: (949) 724-7556 E-Mail: Samartai~ir"a~s4~nta-<sn<z.~~r~~ E-MaiL• mearrc~ll~u~ci.irvine.ca.us 9. Irvine shall provide Santa Ana final Record Drawings for the Project on mylar and in pdf format as well as electronic CADD files in Microstation format within 120 days of the completion and acceptance of construction. lO.Irvine shall cause its contractor for the Project to guarantee the Santa Ana improvements against defects in workmanship and materials for a period of one (1) year from the date of acceptance by Irvine. It is further agreed that Irvine shall assume the responsibility for causing the Santa Ana improvements to be brought or restored to full compliance with the requirements of the Plans and Specifications, including any test requirements, for any portion of the Project which during said one (1) year period are found not to be in conformance with the provisions of the Plans and Specifications, to the extent such failure to conform results from actions or inactions resulting from the City's negligent work. This guarantee is in addition to any and all other warranties, expressed or implied, from Irvine contractors or material manufacturers with respect to the Project. The guarantee and obligations under this section shall in no way be -2- 25F-50 relieved by Santa Ana inspection and/or approval of the Project. This section sets forth the entire agreement of Irvine with respect to guarantees and warranties of the Project, but this section shall in no way limit any expressed or implied warranties of other persons with respect to the Project. 11. This Agreement contains all of the agreements of the Parties regarding the Project and all previous understandings, negotiations and agreements regarding the Project are integrated into and superseded by this Agreement. 12. Irvine shall indemnify, defend and hold Santa Ana, its officers, agents and employees, harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen during construction of the Project and prior to acceptance by Santa Ana, resulting from any negligent work or action performed by Irvine or on behalf of Irvine, save and except to the extent such death, injury, loss, damage or expense is determined by a court of competent jurisdiction to have been proximately caused in whole or in part by any negligence or willful misconduct of Santa Ana, its officers, agents or employees or by any act or omission for which Santa Ana, its officers, agents or employees are liable without fault.. 13. Santa Ana shall indemnify, defend and hold Irvine, its officers, agents, and employees, harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen either (i) as a result of any act performed by Santa Ana, its officers, agents, or employees, with respect to the construction of the Project, or (ii) following Santa Ana acceptance of the Project, with respect to maintenance and operation of the Santa Ana improvements, save and except to the extent such death, injury, loss, damage or expense is determined by a court of competent jurisdiction to have been proximately caused in whole or in part by any negligence or willful misconduct of Irvine, its officers, agents, employees or contractors, or by any act or omission for which Irvine, its officers, agents, employees or contractors are liable without fault. 14. Irvine shall cause its contractors for the construction of the Project to obtain insurance coverage sufficiently broad to insure the matters set forth in this Agreement and to include Santa Ana as an additional insured on all insurance policies that Irvine requires its contractors to provide. As evidence of such insurance coverage, Irvine shall, prior to commencement of construction of the Project, provide Santa Ana with certificates of insurance and insurance endorsements in forms that are acceptable to Santa Ana. 15. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties. 16. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, -3- 25F-51 paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder. 17. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement. 18. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors, and assigns. 19. This Agreement may be executed by the Parties and counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 20. This Agreement is to be governed by the laws of the State of California. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day and year first written above. "Santa Ana" "Irvine" CITY OF SANTA ANA CITY OF IRVINE By: BY~ David N Ream, City Manager Sukhee Kang, Mayor APPROVED AS TO FORM: APPROVED AS TO FORM: By: BY~ Joseph W. Fletcher Philip D. Kohn City Attorney City Attorney ATTEST: ATTEST: By: BY~ Maria D. Huizar Shari Apodaca Clerk of the Council, City of Santa Ana City Clerk of the City of Irvine Recommended for Approval: George Alvarez, Acting Executive Director City of Santa Ana Public Works Agency -4- 25F-52 LEGEND PROJECT LIMITS i~ _ ~ ~l \•,~~F9 DYER~AD p O Q~. \~q~ r G ~~Q .ii ioFF~E' / C' ~ ~ ~ s~ti .,>F. pRAJyGfi ~4 EXHIBIT 1 0~ ~ a o ~ ~ -c SANTA ANA 1 ~ ~ cITY couNCIL COOPERATIVE AGREEMENT WITH CITY OF AGENDA DATE IRVINE AND ACQUISITION OF RIGHT-OF- P W A DECEMBER 7 2009 WAY FOR THE DYER/RED HILL PUBLIC WORKS AGENCY INTERSECTION WIDENING PROJECT 25F-53 LEGEND SUBJECT PROPERTIES i~ _ ` ~ 7 o ,i ~`O ~ y CGS • f~` , GFi1 ~ ~ ~n~~ otxA~vc~o ~'Z' ~G EXHIBIT 2 ~ ' ~ n° ' ~ 1 ~ SANTA ANA CITY couNCIL COOPERATIVE AGREEMENT WITH CITY OF P W A AGENDA DATE IRVIN~EpAY DoRCQ E D ER/RED IHILL-OF- DECEMBER 7 2009 INTERSECTION WIDENING PROJECT PUBLIC WORKS AGENCY 25F-54 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ENERGY PARTNERSHIP AGREEMENT WITH ? As Recommended SOUTHERN CALIFORNIA EDISON TO ? As Amended DELIVER ENERGY EFFICIENCY PROGRAMS ? Ordinance on 15t Reading ? Ordinance on 2id Reading AND EDUCATION ? Implementing Resolution ? Set Public Hearing For f ~ CONTINUED TO ~ ~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Southern California Edison in the not-to-exceed amount of $1,513,163 to implement energy efficiency programs in the community, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The California Public Utilities Commission has authorized Southern California Edison (SCE), in partnership with cities, to deliver energy efficiency programs to utility customers in SCE's service area. Staff applied for and the City was awarded a partnership with Edison for 2010- 2012 to jointly deliver energy efficiency information, training and materials that would benefit Santa Ana's customers. The partnership will optimize the City's opportunities for achieving short- and long- term energy savings and reduced utility bills, and will assist City residents and businesses in understanding, managing and reducing their energy use and costs. Moreover, the program will show that Santa Ana has made a commitment to energy efficiency and being a leader in energy management practices. SCE has allocated a maximum of $1,513,163 to a three-year partnership with Santa Ana that begins in 2010. The City seeks to leverage existing SCE energy efficiency strategies and programs and to increase participation in those programs. The City's initial focus is expected to include multifamily and business retrofits, bulb and lighting exchanges, community events, training and workshops and building retrofits. It is anticipated that the City will offer and promote energy efficiency activities throughout the City. The exact scope, timeline and working plan of the partnership will be defined once the agreement is in place . 25G-1 Energy Partnership Agreement with SCE December 7, 2009 Page 2 The partnership will begin January 1, 2010 and will end on December 31, 2012. This is the City's second partnership with Edison in delivering energy efficiency information and programs to the community. Due to the success of our initial partnership, the partnership monies have been made available in this funding cycle. ENVIRONMENTAL IMPACT There is no environmental impact to adopting the proposed resolution and in approving the energy efficiency partnership agreement. However, the implementation of energy efficiency programs will enhance our environment by improving air quality, reducing pollution and conserving natural resources. FISCAL IMPACT The Public Utilities Commission has approved a not to exceed allocation of $1,513,163 over the next three years to the partnership agreement. This money will remain with SCE and program costs will be the responsibility of SCE. Raul Godinez Executive Director Public Works Agency 25G-2 AGREEMENT TO JOINTLY DELIVER THE 2010-2012 ENERGY LEADER PARTNERSHIP PROGRAM BETWEEN THE CITY OF SANTA ANA and SOUTHERN CALIFORNIA EDISON COMPANY Dated: , 200 I This program is funded by California utility ratepayers and administered by Southern California Edison under the auspices of the California Public Utilities Commission. ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 25G-3 THIS AGREEMENT TO JOINTLY DELIVER THE 2010-2012 ENERGY LEADER PARTNERSHIP PROGRAM (the "Agreement") by and between SOUTHERN CALIFORNIA EDISION COMPANY ("SCE") and the City of Santa Ana (the "City"), which Agreement shall be effective as of January 1, 2010 ("Effective Date"). SCE and the City may be referred to herein individually as a "Party" and collectively as the "Parties." WHEREAS, on July 21, 2008 (and as amended on March 2, 2009), SCE submitted its 2009-2011 Application for Approval of its Proposed Energy Efficiency Program Plans and Public Goods Charge and Procurement Funding Requests to the California Public Utilities Commission (the "Commission"), which application included the Energy Leader Partnership Program in which SCE will partner with cities, counties, and other local government organizations that have a vision for energy efficiency sustainability and a desire to provide energy efficiency leadership to their communities; WHEREAS, on July 2, 2009, SCE amended its aforementioned application to the Commission, requesting approval of an extended 2010-2012 Program cycle for its proposed plans and funding requests, including the Energy Leader Partnership Program; WHEREAS, on September 24, 2009, the Commission authorized certain energy efficiency programs, including the Partnership's Energy Leader Partnership Program for the 2010-12 program cycle (the "Program"); WHEREAS the City has expressed a commitment, and has qualified, to participate in the Program, allowing the City to demonstrate energy efficiency leadership in its community while helping residents and businesses achieve sustainable reductions in energy use within SCE's service territory; WHEREAS, the City, on November 5, 2007, passed, approved and adopted a Resolution supporting and endorsing the Program, approving the City as a Program participant with SCE, and authorizing execution of a Partnership Agreement, in substantially similar form as this Agreement; and WHEREAS, the Parties desire to enter into an agreement that supersedes any and all previous agreements, and sets forth the terms and conditions under which the Program shall be implemented with respect to the Parties. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 2 25G-4 1. DEFINITIONS All terms used in the singular will be deemed to include the plural, and vice versa. The words "herein," "hereto," and "hereunder" and words of similar import refer to this Agreement as a whole, including all exhibits or other attachments to this Agreement, as the same may from time to time be amended or supplemented, and not to any particular subdivision contained in this Agreement, except as the context clearly requires otherwise. "Includes" or "including" when used herein is not intended to be exclusive, or to limit the generality of the preceding words, and means "including without limitation." The word "or" is not exclusive. 1.1. Agreement: This document and all exhibits attached hereto, and as amended from time to time. 1.2. Authorized Budget: The Commission approved maximum budget for funding the performance by both Parties of the Program, as set forth in the Program Implementation Plan attached hereto as Exhibit C. 1.3. Authorized Work: The work authorized by the Commission for the Program as set forth in this Agreement and as more fully described in the Program Implementation Plans attached hereto as Exhibit C, and as mutually agreed hereinafter by the Parties to be performed. 1.4. Business Day: The period from one midnight to the following midnight, excluding Saturdays, Sundays, and holidays. 1.5. Calendar Day: The period from one midnight to the following midnight, including Saturdays, Sundays, and holidays. Unless otherwise specified, all days in this Agreement are Calendar Days. 1.6. Contractor: An entity contracting directly or indirectly with a Party, or any subcontractor thereof subcontracting with such Contractor, to furnish services or materials as part of or directly related to such Party's Authorized Work obligations. 1.7. Customers or Eligible Customers: Those customers eligible for Program services, which are SCE customers located in the City. 1.8. Energy Efficiency Measure (or Measure): As used in the Commission's Energy Efficiency Policy Manual, Version 4, August 2008 . 1.9. EM&V: Evaluation, Measurement and Verification of the Program pursuant to Commission requirements. 1.10. Incentive: As used in the Commission's Energy Efficiency Policy Manual, Version 4, August 2008. 1.11. Partner Budget: That portion of the Authorized Budget, which represents the maximum budget and maximum allocation by period, for funding the ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 3 25G-5 performance of the Program by the City and as set forth in Exhibit B, subject to amendment by SCE consistent with the terms of this Agreement. 1.12. Program Expenditures: Actual (i.e., no mark-up for profit, administrative or other indirect costs), reasonable expenditures of the City that are pre-approved, directly identifiable to and required for the Authorized Work in accordance with Section 10.3. 1.13. PIP or Program Implementation Plan: The implementation plan specific to this Partnership, together with the Energy Leader Partnership Master PIP, which include the anticipated scope of the Program in SCE's service territory, approved by the Commission and attached hereto as Exhibit C. 1.14. Public Goods Charge (PGC): The funds which make up the Partner Budget and which are collected from electric utility ratepayers pursuant to Section 381 of the California Public Utilities Code for public purposes programs, including energy efficiency programs approved by the Commission. 2. PURPOSE The Program is funded by California utility ratepayers and is administered by SCE under the auspices of the Commission. The purpose of this Agreement is to set forth the terms and conditions under which the Parties will jointly implement the Program. The work authorized pursuant to this Agreement is not to be performed for profit. This Agreement is not intended to and does not form any "partnership" within the meaning of the California Uniform Partnership Act of 1994 or otherwise. 3. PROGRAM DESCRIPTION 3.1. Overview. The Energy Leader Partnership Program is designed to provide integrated technical and financial assistance to help local governments effectively lead their communities to increase energy efficiency, reduce greenhouse gas emissions, protect air quality and ensure that their communities are more livable and sustainable. The Program provides aperformance-based opportunity for the City to demonstrate energy efficiency leadership in its community through energy saving actions, including retrofitting its municipal facilities as well as providing opportunities for constituents to take action in their homes and businesses. By implementing measures in its own facilities, the City will lead by example as the City and SCE work together to increase community awareness of energy efficiency and position the City as a leader in energy management practices. The Program will provide marketing, outreach, education, training and community sweeps to connect the community with opportunities to save energy, money and help the environment. Delivering sustainable energy savings, promoting energy efficiency lifestyles, and achieving an enduring leadership role for the City through this Program design is rooted in an effective relationship between the City, its constituents, and SCE. ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 4 25G-6 3.2. Energy Leader Partnership Level. The Program offers a tiered Incentive structure through achievement of four separate levels of participation: "Valued Partner," "Silver," "Gold" and "Platinum." The City will enter the Program at the level indicated on Exhibit A hereto, which has been determined by the City's past participation in SCE energy efficiency and demand response programs both at the city level and at the community level. Exhibit A further explains each level and the energy savings requirements for moving to the next Energy Leader Partnership level. SCE will track the City's performance under this Agreement against the goals and objectives set forth herein, and will notify the City when it has achieved the next incentive level. 4. AUTHORIZED WORK 4.1. Scope. The work authorized by the Commission is set forth broadly in the PIP (Exhibit C) and shall be performed pursuant to the terms of this Agreement. The Parties shall collaborate and mutually agree upon specific Program implementation, consistent with the PIP, and the Parties shall document such details in a "Planning Document" which is intended to evolve throughout the term of the Program. For the avoidance of doubt, the City shall have no obligation to implement solar projects under this Agreement. 4.2. Objectives. The Program is designed to meet the specific goals and milestones set forth in Exhibit B of this Agreement, while implementing the Program strategies and meeting the general objectives and goals set forth in the PIP, attached hereto as Exhibit C. 5. LIMITATION ON SERVICE TERRITORY -The Parties agree that Authorized Work shall only be performed in SCE's service territory, with energy savings and demand reduction claims applicable solely to SCE's utility system. No Authorized Work shall be performed for any customers that receive electricity from a municipal utility corporation or other electricity service provider or that do not directly receive electricity service from SCE. 6. OBLIGATIONS OF THE PARTIES 6.1. Obligations of SCE and the Citv 6.1.1. Each Party will be responsible for the overall progress of its Authorized Work, to ensure that the Program remains on target (including but not limited to achieving the Program's specific energy savings and demand reduction goals as set forth in Exhibit B). 6.1.2. The Parties shall jointly coordinate and prepare all Program-related documents, including all required reporting pursuant to Section 9, and any such other reporting as may be reasonably requested by SCE. ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 5 25G-7 6.1.3. To the extent practicable and with coordination by SCE, the Parties shall use the Program as a portal for other existing or selected programs that SCE offers, including programs targeting low-income customers, demand response, self-generation, solar, and other programs as described in the PIP, with a goal to enhance consistency in rebates and other Program details, minimize duplicative administrative costs, and enhance the possibility that programs can be marketed together to avoid duplicative marketing expenditures. 6.1.4. Consistent with those contained in the PIP, SCE and the City will work together to develop and accomplish additional mutually agreeable goals. 6.2. Obligations of the City. 6.2.1. The City will appoint an "Energy Champion" who will be the primary contact between the City and the SCE Energy Efficiency Representative (defined in Section 6.3.1), and who will be authorized to act on behalf of the City in carrying out the City's obligations under this Agreement. Such appointment shall be communicated in writing to SCE within 10 Business Days following execution of this Agreement. The City shall communicate regularly with the SCE Energy Efficiency Representative in accordance with Section 7.2 and 7.3 hereof, and shall advise SCE immediately of any problems or delays associated with its Authorized Work obligations. 6.2.2. The City shall perform its Authorized Work obligations within the Partner Budget and in conformance with the schedule and goals associated with such Authorized Work as set forth in this Agreement, and shall furnish the required labor, equipment and material with the degree of skill, care and professionalism that is required by current professional standards. 6.2.3. The City will be actively involved in all aspects of the Program. The City will use its best efforts to (a) dedicate human resources necessary to implement the Program successfully, (b) providing support for the Program's marketing and outreach activities, and (c) working to enhance communications with SCE to address consumer needs. 6.2.4. The City shall obtain the approval of SCE when developing Program marketing materials and prior to their distribution, publication, circulation, or dissemination in any way to the public. In addition, all advertising, marketing or otherwise printed or reproduced material used to implement, refer to, or that is in any way related to the Program must contain the respective name and logo of SCE and, at a minimum, the following language: "This Program is funded by California utility ratepayers and administered by Southern ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 6 25G-8 California Edison under the auspices of the California Public Utilities Commission." 6.2.5. The City shall obtain the approval of SCE prior to conducting any Program public outreach activities (exhibits, displays, public presentations, canvassing, etc.) and any marketing materials used in connection with such outreach activity shall comply with the requirements of Section 6.2.4. 6.2.6. The City shall submit to SCE, upon its request, all contracts, agreements or other requested documents with the City's Contractors (including subcontractors) performing Authorized Work in connection with the Program. 6.3. Obligations of SCE. 6.3.1. SCE will appoint a Partnership representative ("SCE Energy Efficiency Representative") who will be the primary contact between SCE and the City, and who will be authorized to act on behalf of SCE in carrying out SCE's obligations under this Agreement. Such appointment shall be communicated in writing to the City within 10 Business Days following execution of this Agreement. 6.3.2. SCE will oversee the activities and implementation of the Program, in accordance with this Agreement. 6.3.3. SCE will be actively involved in all aspects of the Program. SCE will use its best efforts to add value to the Program by (a) dedicating human resources necessary to assist the City in implementing the Program successfully and providing and maintaining an SCE !i presence in the City, (b) providing support for the Program's marketing and outreach activities, and (c) working to enhance communications with the City to address consumer needs and provide SCE information and services. 6.3.4. SCE shall provide, at no cost to the City, informational and educational materials on SCE's statewide and local energy efficiency core programs. 6.3.5. SCE shall work with the City as requested to help identify cost- effective energy efficient projects in the City's qualifying municipal facilities within SCE's service territory. 6.3.6. SCE shall administer the PGC funds authorized by the Commission for the Program in accordance with this Agreement, and SCE shall reimburse the City for Program Expenditures in accordance with Section 10 below. ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 7 25G-9 6.3.7. SCE shall be responsible for coordinating and ensuring compliance with all reporting and other filing requirements. 6.3.8. SCE shall be responsible for tracking performance of the City in accordance with Section 10.1.2, and for verifying all energy savings and demand reduction claims of the City, and for monitoring and verifying achievement of the Partner Levels as described in Exhibit A. 6.4. EM&V. Once the Commission has approved and issued an evaluation, measurement and verification ("EM&V") plan for the Program, such EM&V plan shall be attached to this Agreement as Exhibit D and shall be incorporated herein by this reference. Any subsequent changes or modifications to such EM&V plan by the Commission shall be automatically incorporated into Exhibit D. The City shall provide and comply with all Commission/SCE requests regarding activities related to EM&V. The City and its Contractors shall cooperate fully with the SCE Energy Efficiency Representative and will provide all requested information, if any, to assure the timely completion of all EM&V Plan tasks requiring the City's involvement or cooperation. 7. ADMINISTRATION OF PROGRAM 7.1. Decision-making and Approval. 7.1.1. Except as specifically provided in this Agreement, the following actions and tasks require consent of both Parties: a. Any material modification to the Authorized Work in connection with the Program. b. Any action that materially impacts the agreed-upon schedule for implementing the Program. c. Selection of any Contractor not previously approved by SCE. 7.1.2. Unless otherwise specified in this Agreement, the Parties shall document all material Program decisions, including, without limitation, all actions specified in Section 7.1.1 above, in meeting minutes or if taken outside a meeting, through written communication, which shall be maintained in hard copy form on file by the Parties for a period of no less than five (5) years after the expiration or termination of this Agreement. 7.2. Regular Meetings. During the term of this Agreement, the Partnership's representatives identified in writing pursuant to Section 6.2.1 and 6.3.1 respectively, along with such members of the Partnership team as the Parties deem necessary or appropriate, shall meet monthly at a location reasonably agreed upon by the Parties. In addition to any other agenda items requested by either Party, the agenda shall include a review the status of the City's performance against Partner ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 8 25G-10 Budget and toward achievement of the goals set forth in Exhibit B. Any decision- making shall be reached and documented in accordance with the requirements of Section 7.1 above. 7.3. Regular Communication. Regular communication among Partnership representatives is critical for the long-term success of the Partnership and achievement of Partnership goals and objectives. Notwithstanding Section 7.2, above, the Partnership representatives identified in writing by each Partner pursuant to Sections 6.2.1 and 6.3.1, respectively, shall communicate regularly with each other to review the status of the Program's goals, deliverables, schedules and budgets, and plan for upcoming Program implementation activities, and to advise the other Party of any problems associated with successful implementation of the Program. Any decision-making during this communication process shall be reached and documented in accordance with the requirements of Section 7.1 above. 7.4. Non-Responsibility for Other Party. Notwithstanding anything contained in this Agreement in the contrary, a Party shall not be responsible for the performance or non-performance hereunder of the other Party, nor be obligated to remedy any other Party's defaults or defective performance. 8. DOUBLE DIPPING PROHIBITED In performing its respective Authorized Work obligations, the City shall implement the following mechanism and shall take other practicable steps to minimize double-dipping: 8.1. Prior to providing incentives or services to an Eligible Customer, the City and its Contractors shall obtain a signed form from such Eligible Customer stating that: 8.1.1. Such Eligible Customer has not received incentives or services for the same measure from any other SCE program or from another utility, state, or local program; and 8.1.2. Such Eligible Customer agrees not to apply for or receive Incentives or services for the same measure from any other SCE program or from another utility, state, or local program. Each Party shall keep its Customer-signed forms for at least five (5) years after the expiration or termination of this Agreement. 8.2. No Party shall knowingly provide an incentive to an Eligible Customer, or make payment to a Contractor, who is receiving compensation for the same product or service either through another ratepayer funded program, or through any other funding source. 8.3. The City represents and warrants that it or its Contractors has not received, and will not apply for or accept Incentives or services for any measure provided for ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 9 25G-11 herein or offered pursuant to this Agreement or the Program from any other SCE program or from any other utility, state or local program. 8.4. The Parties shall take reasonable steps to minimize or avoid the provision of incentives or services for the same measures provided under the Program from another program or other funding source ("double-dipping"). 9. REPORTING 9.1. Reporting Requirements. The Parties shall implement those reporting requirements set forth in Exhibit E attached hereto, as the same may be amended from time to time, or until the Commission otherwise requires or issues different or updated reporting requirements for the Program, in which case and at which time such Commission-approved reporting requirements shall replace the requirements set forth in Exhibit E in their entirety. 10. PAYMENTS 10.1. Partner Budget 10.1.1. Maximum Budget: The Partner Budget is set forth in Exhibit B to this Agreement and represents the City's maximum share of the Program's three-year Authorized Budget. Additionally, Exhibit B sets forth the maximum non-Incentive budget on a periodic basis during the Program. The City shall not be entitled to compensation in excess of the Partner Budget (either on a periodic basis or in total), without written authorization by SCE and receipt of a revised Exhibit B. Consistent with Commission directives to maximize cost-effectiveness and energy savings, the Partner Budget set forth in Exhibit B may be reallocated or adjusted at any time by SCE in its sole discretion, based upon SCE's evaluation of the City's commitment to, and progress toward the City's energy savings goals set forth herein. 10.1.2. Tracking: SCE will track the City's performance against the objectives set forth in Section 4.2 hereof, including tracking (or estimating) achievement towards the specific energy savings and demand reduction goals set forth in Exhibit B, and will provide such tracking information to the City on a regular basis, but in no event less than quarterly. The tracking will enable SCE, to (i) properly allocate the Authorized Budget among all the Energy Leader Partnerships according to their individual performance and achievement of respective goals and objectives, (ii) confirm or amend the Partner Budget, set forth in Exhibit B hereto, based on the City's performance of the goals and objectives set forth in this Agreement; and (iii) determine/verify the City's eligibility to move to anew Energy Leader Level as described in Section 3.2 hereof. ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 10 25G-12 10.1.3. Partner Budget Adjustment: The Parties acknowledge that this Program is offered in furtherance of the Commission's strategic energy efficiency goals for California and is based on the City's commitment to attain such goals and its desire to provide leadership to its community. To this end, in the event that SCE determines, in its sole discretion and through the tracking mechanism set forth in 10.1.2 above, that the City is not performing in accordance with the goals and objectives set forth in Section 4.2 hereof, then SCE shall have the unilateral right to reduce, eliminate, or otherwise adjust the Partner Budget for the remaining Program year or years (other than for Program Expenditures previously approved by SCE) by amending Exhibit B and providing the amended Exhibit to the City. Pursuant to this Section, any such amended Exhibit B shall automatically be incorporated into this Agreement and take effect immediately upon delivery from SCE to the City. 10.1.4. Partner Budget Categories a. Non-Incentive Budget: The Partner Budget is comprised of a non-incentive portion which includes separate categories for Marketing, Education & Outreach, Technical Assistance [and Direct Implementation), all of which are more fully described in the Program Implementation Plan (Exhibit C). b. Incentive Budget: As part of the Partner Budget, the City shall be eligible to receive certain enhanced Incentives through partnership participation in SCE core programs, as well as additional incentives consistent with the City's tier level of program participation, including completion of municipal retrofit projects further described in this Agreement and in the Program Implementation Plan. The additional Incentives will be made available as the City reaches higher Energy Leadership Partnership Levels in accordance with Exhibit A. 10.2. Program Expenditures of City. The City, with SCE's prior approval, shall be entitled to spend PGC funds, within the limits of the Partner Budget, on Program Expenditures. The City shall not be entitled to reimbursement of Program Expenditures for any item (i) not specifically identifiable to the Program, (ii) not previously approved by SCE, (iii) not expended within the term of this Agreement, or (iv) not otherwise reimbursable under this Agreement. 10.3. Payment to the City. In order for the City to be entitled to PGC funds for Program Expenditures: 10.3.1. The City shall submit monthly activity reports to SCE in a format acceptable to SCE and containing such information as may be required for the reporting requirements set forth in Section 9 above ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 1 1 25G-13 ("Monthly City Reports"), by the tenth (10`h) Calendar Day of the calendar month following performance, setting forth all Program Expenditures. 10.3.2. The City shall submit to SCE, together with any Monthly City Report (if required), a monthly invoice for reimbursement of reported Program Expenditures, in a format acceptable to SCE, attaching all documentation reasonably necessary to substantiate the Program Expenditures, including, without limitation, the following: a. Contractor Costs: Copies of all Contractor invoices. If only a portion of Contractor costs applies to the Program, the City shall clearly indicate the line items or percentage of the invoice amount that should be applied to the Program as provided in Exhibit E. b. Marketing, Education & Outreach: A copy of each distinct marketing material produced, with quantity of a given marketing material produced and the method of distribution. c. Other expenditures: As pre-approved by SCE, with sufficient documentation to support the expenditure. d. Allowable Costs: Only those costs as listed in the Allowable Cost Table contained in the Reporting Requirements attached as Exhibit E can be submitted for payment. All invoices submitted to SCE must report all costs using the allowable cost elements shown on the Allowable Cost Table. The City understands and acknowledges that all of the City's invoices for the Program and the Monthly City Report shall be submitted to SCE. 10.3.3. SCE reserves the right to reject any City invoiced amount for any of the following reasons: a. The invoiced amount, when aggregated with previous Program Expenditures, exceeds the amount budgeted therefore in the Partner Budget for such Authorized Work (as set forth in Exhibit B). b. There is a reasonable basis for concluding that such invoiced amount is unreasonable or is not directly identifiable to or required for the Authorized Work, and/or the Program. c. The invoiced amount, in SCE's sole discretion, contains charges for any item not authorized under this Agreement or ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 12 25G-14 by the Commission, or is deemed untimely, unsubstantiated or lacking proper documentation. 10.3.4. The City shall maintain for a period of not less than five (5) years all documentation reasonably necessary to substantiate the Program Expenditures, including, without limitation, the documentation set forth in Section 10.3.2above. The City shall promptly provide, upon the reasonable request by SCE, any documentation, records or information in connection with the Program or its Authorized Work. SCE shall review and either approve, dispute or reject for payment reported Program Expenditures within twenty (20) Calendar Days of receipt of the Monthly City Report and corresponding invoice. SCE shall pay all undisputed amounts after the ten (10) Calendar Day period described in Section 10.3.1, but within thirty (30) Calendar Days of receiving the Monthly City Report and corresponding invoice. 10.3 Pavment of Incentives. Payment of Incentives to the City shall be made in accordance with the applicable SCE program requirements, including terms and conditions, and only after appropriate program documents have been submitted and approved, and the appropriate inspections of each Project have been completed to SCE's satisfaction. 10.4. Shifting Funds Across Budget Cate ories. SCE may shift funds within the Partner Budget among budget categories (Marketing, Education & Outreach, Technical Assistance, [Direct Implementation] and Incentives), which categories and budget amounts are set forth in Exhibit B. Such shifting may be made by SCE to the maximum extent permitted under, and in accordance with, Commission decisions and rulings to which the Program relates. 10.5. Reasonableness of Expenditures. The City shall bear the burden of ensuring that its Program Expenditures are objectively reasonable. The Commission has the authority to review all Program Expenditures for reasonableness. Should the Commission, at any time, issue a finding of unreasonableness as to any Program Expenditure and require a refund or return of the PGC funds paid in the reimbursement of such Program Expenditure, the City shall be solely liable for such refund or return. 11. END DATE FOR PROGRAM AND ADMINISTRATIVE ACTIVITIES Unless this Agreement is terminated pursuant to Section 25 below, or unless otherwise agreed to by the Parties or so ordered by the Commission, the Parties shall complete all Program Administrative activities (as defined in the PIP) and all reporting requirements by no later than March 31, 2013, and all Direct Implementation and Marketing & Outreach activities by no later than December 31, 2012. ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 13 25G-15 12. FINAL INVOICES The City must submit final invoices to SCE no later than March 31, 2013. 13. INDEMNITY 13.1. Indemnitv by the City. The City shall indemnify, defend and hold harmless SCE, and its respective successors, assigns, affiliates, subsidiaries, current and future parent companies, officers, directors, agents, and employees, from and against any and all expenses, claims, losses, damages, liabilities or actions in respect thereof (including reasonable attorneys' fees) to the extent arising from (a) the City's negligence or willful misconduct in the City's activities under the Program or performance of its obligations hereunder, or (b) the City's breach of this Agreement or of any representation or warranty of the City contained in this Agreement. 13.2. Indemnit~by SCE. SCE shall indemnify, defend and hold harmless the City, and its respective successors, assigns, affiliates, subsidiaries, current and future parent companies, officers, directors, agents, and employees, from and against any and all expenses, claims, losses, damages, liabilities or actions in respect thereof (including reasonable attorneys' fees) to the extent arising from (a) SCE's negligence or willful misconduct in SCE's activities under the Program or performance of its obligations hereunder or (b) SCE's breach of this Agreement or any representation or warranty of SCE contained in this Agreement. 13.3. LIMIT ATION OF LIABILITY. N O PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF OR UNDER-UTILIZATION OF LABOR OR FACILITIES, LOSS OF REVENUE OR ANTICIPATED PROFITS, COST OF REPLACEMENT POWER 'i OR CLAIMS FROM CUSTOMERS, RESULTING FROM A PARTY'S PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS HEREUNDER, OR IN THE EVENT OF SUSPENSION OF THE AUTHORIZED WORK OR TERMINATION OF THIS AGREEMENT. 14.OWNERSHIP OF DEVELOPMENTS The Parties acknowledge and agree that SCE, on behalf of its Customers, shall own all data, reports, information, manuals, computer programs, works of authorship, designs or improvements of equipment, tools or processes (collectively "Developments") or other written, recorded, photographic or visual materials, or other deliverables produced in the performance of this Agreement; provided, however, that Developments do not include equipment or infrastructure purchased for research, development, education or demonstration related to energy efficiency. Although the City shall retain no ownership, interest, or title in the Developments except as may otherwise be provided in this Agreement, it will have a permanent, royalty free, non-exclusive license to use such Developments. ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 14 25G-16 15. DISPUTE RESOLUTION 15.1. Dispute Resolution. Except as may otherwise be set forth expressly herein, all disputes arising under this Agreement shall be resolved as set forth in this Section 15. 15.2. Negotiation and Mediation. The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations between the Parties' authorized representatives. The disputing Party shall give the other Party written notice of any dispute. Within twenty (20) Calendar Days after delivery of such notice, the authorized representatives shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary to exchange information and to attempt to resolve the dispute. If the matter has not been resolved within thirty (30) Calendar Days of the first meeting, any Party may initiate a mediation of the dispute. The mediation shall be facilitated by a mediator that is acceptable to both Parties and shall conclude within sixty (60) Calendar Days of its commencement, unless the Parties agree to extend the mediation process beyond such deadline. Upon agreeing on a mediator, the Parties shall enter into a written agreement for the mediation services with each Party paying a pro rata share of the mediator's fee, if any. The mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association; provided, however, that no consequential damages shall be awarded in any such proceeding and each Party shall bear its own legal fees and expenses. 15.3. Confidentialitv. All negotiations and any mediation conducted pursuant to Section 15.2 shall be confidential and shall be treated as compromise and settlement negotiations, to which Section 1152 of the California Evidence Code shall apply, which Section is incorporated in this Agreement by reference. 15.4. Injunctive Relief. Notwithstanding the foregoing provisions, a Party may seek a preliminary injunction or other provisional judicial remedy if in its judgment ~ such action is necessary to avoid irreparable damage or to preserve the status quo. 15.5. Continuing Obligation. Each Party shall continue to perform its obligations under this Agreement pending final resolution of any dispute arising out of or relating to this Agreement. 15.6. Failure of Mediation. If, after good faith efforts to mediate a dispute under the terms of this Agreement as provided in Section 15.2 above, the Parties cannot agree to a resolution of the dispute, any Party may pursue whatever legal remedies may be available to it at law or in equity, before a court of competent jurisdiction and with venue as provided in Section 15.2. ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 15 25G-17 16. REPRESENTATIONS AND WARRANTIES 16.1. Representation of both Parties. Each Party represents and warrants, as of the Effective Date and thereafter during the term of this Agreement, that: 16.1.1. The Authorized Work performed by a Party and/or its Contractors shall comply with the applicable requirements of all statutes, acts, ordinances, regulations, codes, and standards of federal, state, local and foreign governments, and all agencies thereof. 16.1.2. The Authorized Work performed by a Party and/or its Contractors shall be free of any claim of trade secret, trade mark, trade name, copyright, or patent infringement or other violations of any proprietary rights of any person. 16.1.3. Each Party shall conform to the applicable employment practices requirements of (Presidential) Executive Order 11246 of September 24, 1965, as amended, and applicable regulations promulgated thereunder. 16.1.4. Each Party shall contractually require each Contractor it hires to perform the Authorized Work to indemnify each other Party to the same extent such Party has indemnified each other Party under the terms and conditions of this Agreement. 16.1.5. Each Party shall retain, and shall cause its Contractors to retain, all records and documents pertaining to its Authorized Work obligations for a period of not less than five (5) years beyond the termination or expiration of this Agreement. 16.1.6. Each Party shall contractually require all of its Contractors to provide the other Parties reasonable access to relevant records and staff of Contractors concerning the Authorized Work. 16.1.7. Each Party will maintain, and may require its Contractors to maintain, the following insurance coverage or self insurance coverage, at all times during the term of this Agreement, with companies having an A.M. Best rating of "A-, VII" or better, or equivalent: (i) Workers' Compensation/Employer's Liability or Equivalent: statutory minimum. (ii) Commercial General Liability: $2 million minimum per occurrence/$4 million minimum aggregate. (iii) Commercial or Business Auto (if applicable): $1 million minimum. ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 16 25G-18 (iv) Professional Liability (if applicable): $1 million minimum. 1.6.1.8 Each Party shall take all reasonable measures, and shall require its Contractors to take all reasonable measures, to ensure that the Program funds in its possession are used solely for Authorized Work, which measures shall include the highest degree of care that such Party uses to control its own funds, but in no event less than a reasonable degree of care. 17. PROOF OF INSURANCE 17.1. Evidence of Insurance. Upon request at any time during the term of this Agreement, a Party shall provide evidence that its insurance policies (and the insurance policies of any Contractor, as provided in Section 16.8) are in full force and effect, and provide the coverage and limits of insurance that the Party has represented and warranted herein to maintain at all times during the term of this Agreement. 17.2. Self-Insurance. If a Party is self-insured, such Party shall upon request forward documentation to the other Party that demonstrates to the other Party's satisfaction that such Party self-insures as a matter of normal business practice before commencing the Authorized Work. Each Party will accept reasonable proof of self-insurance comparable to the above requirements. 17.3. Notice of Claims. Each Party shall immediately report to the other Party, and promptly thereafter confirm in writing, the occurrence of any injury, loss or damage incurred by such Party or its Contractors or such Party's receipt of notice or knowledge of any claim by a third party of any occurrence that might give rise to such a claim over $100,000. 18. CUSTOMER CONFIDENTIALITY REQUIREMENTS 18.1. Non-Disclosure. Subject to any disclosures required by the Public Records Act, the City, its employees, agents and Contractors shall not disclose any Confidential Customer Information (defined below) to any third party during the term of this Agreement or after its completion, without the City having obtained the prior written consent of SCE, except as provided by law, lawful court order or subpoena and provided the City gives SCE advance written notice of such order or subpoena. 18.2. Confidential Customer Information. "Confidential Customer Information" includes, but is not limited to, an SCE customer's name, address, telephone number, account number and all billing and usage information, as well as any SCE customer's information that is marked "confidential". If the City is uncertain whether any information should be considered Confidential Customer Information, the City shall contact SCE prior to disclosing the customer information. ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 17 25G-19 18.3. Non-Disclosure Agreement. Prior to any approved disclosure of Confidential Customer Information, SCE may require the City to enter into a nondisclosure agreement. 18.4. Commission Proceedings. This provision does not prohibit the City from disclosing non-confidential information concerning the Authorized Work to the Commission in any Commission proceeding, or any Commission-sanctioned meeting or proceeding or other public forum. 18.5. Return of Confidential Information. Confidential Customer Information (including all copies, backups and abstracts thereof) provided to the City by SCE, and any and all documents and materials containing such Confidential Customer Information or produced by the City based on such Confidential Customer Information (including all copies, backups and abstracts thereof), during the performance of this Agreement shall be returned upon written request by SCE. 18.6. Remedies. The Parties acknowledge that Confidential Customer Information is valuable and unique, and that damages would be an inadequate remedy for breach of this Section 18 and the obligations of the Parties are specifically enforceable. Accordingly, the Parties agree that in the event of a breach or threatened breach of this Section 18 by the City, SCE shall be entitled to seek and obtain an injunction preventing such breach, without the necessity of proving damages or posting any bond. Any such relief shall be in addition to, and not in lieu of, money damages or any other available legal or equitable remedy. ~i ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 18 25G-20 19. TIME IS OF THE ESSENCE The Parties hereby acknowledge that time is of the essence in performing their obligations under this Agreement. Failure to comply with milestones and goals stated in this Agreement, including but not limited to those set forth in Exhibit B of this Agreement, may constitute a material breach of this Agreement, resulting in its termination, payments being withheld, Partner Budgets being reduced or adjusted, funding redirected by SCE to other programs or partners, or other Program modifications as determined by SCE or as directed by the Commission. 20. CUSTOMER COMPLAINT RESOLUTION PROCESS The Parties shall develop and implement a process for the management and resolution of Customer complaints in an expedited manner including, but not limited to: (a) ensuring adequate levels of professional Customer service staff; (b) direct access of Customer complaints to supervisory and/or management personnel; (c) documenting each Customer complaint upon receipt; and (d) directing any Customer complaint that is not resolved within five (5) Calendar Days of receipt by the City to SCE. 21. RESTRICTIONS ON MARKETING 21.1. Use of Commission's Name. No Party may use the name of the Commission on marketing materials for the Program without prior written approval from the Commission staff. In order to obtain this written approval, SCE must send a copy of the planned materials to the Commission requesting approval to use the Commission name and/or logo. Notwithstanding the foregoing, the Parties shall disclose their source of funding for the Program by stating prominently on marketing materials that the Program is "funded by California ratepayers under the auspices of the California Public Utilities Commission." 21.2. Use of SCE Name. The City must receive prior review and written approval from SCE for the use of SCE's name or logo on any marketing or other Program materials. The City shall allow five (5) Business Days for SCE review and approval. If the City has not received a response from SCE within the five (5) Business Day period, then it shall be deemed that SCE has disapproved such use. 21.3. Use of the City's Name. SCE must receive prior review and written approval from the City for the use of the City's name or logo on any marketing or other Program materials. SCE shall allow five (5) Business Days for the City's review and approval. If SCE has not received a response from the City within the five (5) Business Day period, then it shall be deemed that the City has disapproved such use. 22. RIGHT TO AUDIT The Parties agrees that the other Party, and/or the Commission, or their respective designated representatives, shall have the right to review and to copy any records or ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 19 25G-21 supporting documentation pertaining to the their performance of this Agreement or the Authorized Work, during normal business hours, and to allow reasonable access in order to interview any staff of the City or SCE who might reasonably have information related to such records. Further, the Parties agrees to include a similar right of the other Party and/or the Commission to audit records and interview staff in any subcontract related to performance of the Authorized Work or this Agreement. 23. STOP WORK PROCEDURES SCE may suspend the Authorized Work being performed in their service territory for good cause, including, without limitation, concerns relating to program funding, implementation or management of the Program, safety concerns, fraud or excessive customer complaints, by notifying the City in writing to suspend any Authorized Work being performed in SCE' service territory. Any performance of Authorized Work by the City in SCE's service territory shall stop immediately, and the City may resume its Authorized Work only upon receiving written notice from SCE that it may resume its Authorized Work. In the event of suspension, the City shall take action required to suspend work in progress and shall be entitled to PGC Funds for Program Expenditures incurred or accrued pursuant to contractual or legal obligations for such Authorized Work and in accordance with Section 10.2 of this Agreement. 24. MODIFICATIONS Except as otherwise provided in this Agreement, changes to this Agreement shall be only be valid through a written amendment to this Agreement signed by both Parties. 25. TERM AND TERMINATION 25.1. Term. This Agreement shall be effective as of the Effective Date. Subject to Section 37, the Agreement shall continue in effect until June 30, 2013 unless otherwise terminated in accordance with the provisions of Section 25.2 or 30 below. 25.2. Termination for Breach. Any Party may terminate this Agreement in the event of a material breach by the other Party of any of the material terms or conditions of this Agreement, provided such breach is not remedied within sixty (60) days written notice to the breaching Party thereof from the non-breaching Party or otherwise resolved pursuant to the dispute resolution provisions set forth in Section 15 herein. 25.3. Effect of Termination. Any termination by the City or by SCE shall constitute a termination of this Agreement in its entirety (subject, however, to the survival provisions of Section 37). 25.3.1. Subject to the provisions of this Agreement, the City shall be entitled to PGC Funds for all Program Expenditures incurred or accrued pursuant to contractual or other legal obligations for Authorized Work up to the effective date of termination of this Agreement, provided that any Monthly City Reports or other reports, invoices, ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 20 25G-22 documents or information required under this Agreement or by the Commission are submitted in accordance with the terms and conditions of this Agreement. The provisions of this Section 25.3.1 shall be the City's sole compensation resulting from any termination of this Agreement. 25.3.2. In the event of termination of this Agreement in its entirety, the City shall stop any Authorized Work in progress and take action as directed by SCE to bring the Authorized Work to an orderly conclusion, and the Parties shall work cooperatively to facilitate the termination of operations and of any applicable contracts for Authorized Work. ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 21 25G-23 26. WRITTEN NOTICES Any written notice, demand or request required or authorized in connection with this Agreement, shall be deemed properly given if delivered in person or sent by facsimile, nationally recognized overnight courier, or first class mail, postage prepaid, to the address specified below, or to another address specified in writing by a Party as follows: The City: SCE: Public Works Agency Southern California Edison Company City of Santa Ana Jim Hodge City Hall 6042-A N. Irwindale Ave. 20 Civic Center Plaza, M-21 Irwindale, CA 91702 Santa Ana, CA 92701 Notices shall be deemed received (a) if personally or hand-delivered, upon the date of delivery to the address of the person to receive such notice if delivered before 5:00 p.m., or otherwise on the Business Day following personal delivery; (b) if mailed, three (3) Business Days after the date the notice is postmarked; (c) if by facsimile, upon electronic confirmation of transmission, followed by telephone notification of transmission by the noticing Party; or (d) if by overnight courier, on the Business Day following delivery to the overnight courier within the time limits set by that courier for next-day delivery. 27. CONTRACTS Each Party shall, at all times, be responsible for its Authorized Work obligations, and acts and omissions of Contractors, subcontractors and persons directly or indirectly employed by such Party for services in connection with the Authorized Work. Each Party shall require its Contractors to be bound by terms and conditions which are the same or similar to those contained in this Agreement, as the same may be applicable to Contractors. 28. RELATIONSHIP OF THE PARTIES The Parties shall act in an independent capacity and not as oflicers or employees or agents of each other. This Agreement is not intended to and does not form any "partnership" within the meaning of the California Uniform Partnership Act of 1994 or otherwise. 29. NON-DISCRIMINATION CLAUSE No Party shall unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Each Party shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment, and shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a)- ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 22 25G-24 (f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a)- (f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Each Party represents and warrants that it shall include the substance of the nondiscrimination and compliance provisions of this clause in all subcontracts for its Authorized Work obligations. 30. COMMISSION/SCE AUTHORITY TO MODIFY OR TERMINATE This Agreement and the Program shall at all times be subject to the discretion of the Commission, including, but not limited to, review and modifications, excusing a Party's performance hereunder, or termination as the Commission may direct from time to time in the reasonable exercise of its jurisdiction. In addition, in the event that any ruling, decision or other action by the Commission adversely impacts the Program, SCE shall have the right to terminate this Agreement in accordance with the provisions of Section 25 above by providing at least ten (10) days' prior written notice to the City setting forth the effective date of such termination. Notwithstanding the right to terminate, as partners in the Program, the Parties agree to share in the responsibility and to abide by Commission energy policy supporting this Program. The Parties agree to use all reasonable efforts to minimize the adverse impact to a Party resulting from such Commission actions, including but not limited to modification of the required energy savings goals set forth in Section 4.2 which are fundamental to this Agreement. 31. NON-WAIVER None of the provisions of this Agreement shall be considered waived by either Party unless such waiver is specifically stated in writing. ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 23 25G-25 32. ASSIGNMENT No Party shall assign this Agreement or any part or interest thereof, without the prior written consent of the other Party, and any assigrunent without such consent shall be void and of no effect. Notwithstanding the foregoing, if SCE is requested or required by the Commission to assign its rights and/or delegate its duties hereunder, in whole or in part, such assignment or delegation shall not require the City's consent and SCE shall be released from all obligations hereunder arising after the effective date of such assignment, both as principal and as surety. 33. FORCE MAJEURE Failure of a Party to perform its obligations under this Agreement by reason of any of the following shall not constitute an event of default or breach of this Agreement: strikes, picket lines, boycott efforts, earthquakes, fires, floods, war (whether or not declared), revolution, riots, insurrections, acts of God, acts of government (including, without limitation, any agency or department of the United States of America), acts of terrorism, acts of the public enemy, scarcity or rationing of gasoline or other fuel or vital products, inability to obtain materials or labor, or other causes which are reasonably beyond the control of such Party. 34. SEVERABILITY In the event that any of the terms, covenants or conditions of this Agreement, or the application of any such term, covenant or condition, shall be held invalid as to any person or circumstance by any court, regulatory agency, or other regulatory body having jurisdiction, all other terms, covenants, or conditions of this Agreement and their application shall not be affected thereby, but shall remain in full force and effect, unless a court, regulatory agency, or other regulatory body holds that the provisions are not separable from all other provisions of this Agreement. 35. GOVERNING LAW; VENUE This Agreement shall be interpreted, governed, and construed under the laws of the State of California as if executed and to be performed wholly within the State of California. Any action brought to enforce or interpret this Agreement shall be filed in Los Angeles County, California. 36. SECTION HEADINGS Section headings appearing in this Agreement are for convenience only and shall not be construed as interpretations of text. 37. SURVIVAL ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 24 25G-26 Notwithstanding completion or termination of this Agreement, the Parties shall continue to be bound by the provisions of this Agreement which by their nature survive such completion or termination. Such provisions shall include, but are not limited to, Sections 9, 10, 13, 14, 15, 18, 22, 35 and 38 of this Agreement. 38. ATTORNEYS' FEES Except as otherwise provided herein, in the event of any legal action or other proceeding between the Parties arising out of this Agreement or the transactions contemplated herein, each Party in such legal action or proceeding shall bear its own costs and expenses incurred therein, including reasonable attorneys' fees. 39. COOPERATION Each Party agrees to cooperate with the other Party in whatever manner is reasonably required to facilitate the successful completion of this Agreement. 40. ENTIRE AGREEMENT This Agreement (including all of the Exhibits and Attachments hereto which are incorporated into this Agreement by this reference) contains the entire agreement and understanding between the Parties and merges and supersedes all prior agreements, representations and discussions pertaining to the subject matter of this Agreement. 41. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to be one and the same instrument. ENERGY LEADER PARTNERSH[P PROGRAM AGREEMENT 25 25G-27 SIGNATURE PAGE IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives. The City SANTA ANA ATTEST: Name: Maria R. Huizar Title: Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Laura Sheedy Assistant City Attorney REC MENDED FOR APPROVAL Raul Godinez Executive Direct - PWA SCE: SOUTHERN CALIFORNIA EDISON COMPANY By: Lynda Ziegler Title: Senior Vice President, Customer Service ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 26 25G-28 EXHIBIT A ENERGY LEADER PARTNERSHIP -PROGRAM LEVEL City 2003 City 2003-2008 Participation/ City's Retrofit Community Baseline Energy Savings Savings Energy Energy Energy Consumption* Percentage Savings Saving Leader Required Required Program for next for next Level: Level Level Municipal Facilities 40,910,567 3,126,849 kWh 8% Silver 964,208 N/A kWh net kWh Community 1,570,741,094 179,465,887 11% - - - - - N/A 0 kWh kWh 2010 - 2012 Silver kWh kWh * Baseline numbers are mutually agreed upon for purposes of this Agreement only. Energy Leaders Partnership levels are: Valued Partner Level -This level is the entry level for the partner to develop knowledge and establish goals towards the Silver Level. A budget is available for energy savings projects, for marketing, education, and outreach to the community, as well as for technical assistance toward upgrading or retrofitting partners' facilities. SCE's core program incentives will be offered directly to the partner. The partner will be expected to use the marketing and outreach funds to generate verifiable energy savings in their own facilities and in the community and will participate in demand response at a basic level. Valued Level provides the Partner with 3 cents per kWh paid in addition to what is paid to the Partner under SCE's core program. Silver Level - To qualify for this level, the partner demonstrates past participation in SCE energy efficiency programs, develops an energy action plan, sets community and city energy reduction goals, targets 25 percent of its facilities to complete energy efficiency upgrades, and participates in demand response. An enhanced incentive is paid at the Silver Level. Silver Level provides the Partner with 6 cents per kWh paid in addition to what is paid to the Partner under SCE's core program. Gold Level - To qualify for this level, the partner demonstrates higher past participation in SCE energy efficiency programs, establishes higher city and community pro ram artici ation and ever savin s oals and makes a hi h r g P P gY g g g e commitment to participate in demand response. Incentive factors are higher for partner facilities' energy efficiency projects. Gold Level provides the Partner with 9 cents per kWh paid in addition to what is paid to the Partner under SCE's core program. Platinum Level - To qualify for this level, the partner demonstrates even higher past participation in energy efficiency programs, is innovative and integrates Energy Action Plan policies, ordinances and procedures. All facilities are targeted for energy efficiency upgrades and the partner makes a higher commitment to participate in Demand Response. Incentive factors are highest for Partner facilities' energy efficiency projects and additional incentives are made available for customized community energy efficiency projects. Platinum Level provides the Partner with 12 cents per kWh paid in addition to what is paid to the Partner under SCE's core program. ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 27 25G-29 EXHIBIT "B" ENERGY LEADER PARTNERSHIP PROGRAM 2010-12 GOALS & PARTNER BUDGET Pro am Cycle Partner Budget and Goals: Maximum Partner KWh Energy Savings kW Peak Demand Bud et Goal Reduction Goal 2010-12: 4,750,000 KWh 943 kW gross gross Incentive: $698,410 Non-Incentive: $814,753 (Marketing, Education & Outreach, Technical Assistance [and Direct Implementation)) Minimum Performance % vs. Expenditures of Non-Incentive Partner Budget: Performance 12 months 24 Months 30 Months 36 Months Category into Program into Program into Pro am into Program Non- NTE 40% NTE 65% NTE 90% NTE 100% Incentive Budget Expended (ME&O) Minimum 15% 50% 70% kWh Achieved Minimum 15% 50% 70% kW Achieved NTE =Not To Ezceed Explanation ofnon-Incentive Partner Budget allocation against goals: Maximum Percent of total non-incentive Partner Budget expended by the end ofyear 1: 40% Minimum kWh achieved by the end ofyear 1: 15% of 3-year goal Maximum Percent of total non-incentive Partner Budget expended by end ofyear 2: 65% Minimum kWh achieved by end ofyear 2: 50% of 3-year goal Maximum Percent of total non-incentive Partner Budget expended by end of the 2nd quarter of year 3: 90% Minimum kWh achieved by the end of 2nd quarter ofyear 3: 70% of 3-year goal In accordance with Section 10 of this Agreement, SCE reserves the right to assess the progress made by the City at any time with respect to the above goals, and may in its sole discretion elect to shift funds among categories or redistribute all or part of the funding budgeted herein to other energy efficiency programs or partnerships in accordance with the Agreement.. ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 28 25G-30 ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 29 25G-31 EXHIBIT C PROGRAM IMPLEMENTATION PLANS [To be attached] ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 25G-32 EXHIBIT D EM&V PLAN [TO BE ATTACHED WHEN ISSUED BY THE COMMISSION] ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 31 25G-33 EXHIBIT E [REPORTING REQUIREMENTS] ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 25G-34 City of Santa Ana Energy Leader Partnership 1. Program Name: City of Santa Ana Energy Leader Partnership 2. Projected Program Budget Table Table 1-Refer to Table 1 in ELPP Master PIP. 3. Projected Program Gross Impacts Table Table 2 -Refer to Table 2 in ELPP Master PIP 4. Program Element Description and Implementation Plan The City of Santa Ana Energy Leader Partnership began in 2008 as a pilot to model SCE's new Energy Leader model. This PIP represents a three year continuation of an effort whose first year's activity proved very successful. Santa Ana is the most populous city in Orange County, California, and serves as its county seat. In addition to being part of the second largest metropolitan area in the United States -with neighboring cities Los Angeles and Long Beach - ,the City of Santa Ana has shown great initiative in conservation of natural resources and energy. The City of Santa Ana encourages its residents to live sustainably and has already partnered with multiple local and national organizations to bring about change in the way residents consume resources. With influence over almost thirteen million people in the Los Angeles-Long Beach-Santa Ana area, the City of Santa Ana stands out as a leader in sustainable living. The City of Santa Ana Energy Leader Partnership is one of 18 partnerships in SCE's Energy Leader Partnership Program (ELPP). The ELPP provides a fully integrated portfolio of comprehensive technical and financial assistance to local governments that is specifically structured to overcome the primary barriers to energy efficiency adoption by local governments so that they can help implement the goals and strategies identified in the Strategic Plan. The ELPP is described in detail in the Master PIP. The purpose of this sub-program PIP is to describe elements that this individual Local Government partnership has committed to as well as any unique features of this partnership; thus, several of the items below may be marked "n/a" or "See the ELPP Master PIP." a) List of Program Elements The three core program elements are similar to those identified in the ELPP Master PIP: Element A -Government Facilities, Element B -Strategic Plan Activities and Element C -Core Program Coordination. b) Overview The Santa Ana Energy Leader Partnership (SAELP) Program is an existing local government partnership and will be transitioning into SCE's Energy Leader Southern California Edison 2009 - 201 1 Energy Efficiency Plans 145 March 2009 25G-35 City of Santa Ana Energy Leader Partnershiu partnership portfolio. Santa Ana piloted this model at the Silver level throughout 2008. The partnership will further SCE's goals for local governments in keeping with the goals and objectives of the Strategic Plan and will demonstrate leadership in its community by retrofitting municipal buildings and adopting supporting policies consistent with the commission's sustainability goals. The partnership will assist and facilitate residents, businesses and city officials in understanding, managing, and reducing energy use and costs. It will position the partners as energy leaders, connecting the community with best practices and opportunities to take action to save energy, money and the environment. Core Program Element A -Government Facilities A.1) Retrofit of municipal facilities The City of Santa Ana Energy Leader Partnership will help coordinate retrofits of municipal facilities, including HVAC, both indoor and outdoor lighting, and a planned solar element project in support of the California Solar Initiative (CSI). A.2) Retro-commissioning (of buildings or clusters of buildings) Eligible municipal buildings will be considered for retro-commissioning and monitoring-based commissioning as they are identified. A.3) Integrating Demand Response into the audits The City of Santa Ana is currently implementing a Demand Response component in the current retrofit projects. A DR/EE audit will be conducted for eligible facilities and recommendations implemented as feasible. See the ELPP Master PIP for more on this section. A.4) Technical assistance for project management, training, audits The partnership will provide technical assistance to overcome barriers to the implementation of energy efficiency retrofits as identified in the ELPP Master PIP. A.5) On-bill financing On-bill financing will not be available at the beginning of the program cycle. However, it may be added in the future, as each city and county in the partnership has indicated an interest in using on-bill financing. In alignment with the Strategic Plan's emphasis on leveraging financial tools to encourage action on efficiency, as well as guidance from the CPUC on financing, SCE will continue on-bill financing pilots and will assess expanding these services to both residential and non-residential markets in the future. Core Program Element B -Strategic Plan Support The Santa Ana Energy Leader Partnership will support a citywide strategic plan addressing energy efficiency, DSM, alternative energy and climate preservation and identify additional program opportunities in furtherance of the AB 32 and the goals and objectives of the Strategic Plan. Southern California Edison 2009 - 201 1 Energy Efficiency Plans 146 March 2009 25G-36 City of Santa Ana Energy Leader Partnership B.1) Code Compliance Support The City of Santa Ana will consider shoring up Title 24 compliance and/or other code efficiency/compliance to the extent the City can remain business-friendly and competitive. The partnership will provide training for plan checkers, inspectors and personnel employed in the trades. B.2) Reach Code Support Although no Reach codes are planned at this time, the partnership will explore meaningful CEC-approved Reach codes as part of its effort to add value to energy efficiency in alignment with the strategies stated in the Master PIP. This activity will follow the proposed path described in the Codes & Standards PIP. B.3) Guiding Document(s) Support The partnership will provide support for development of a Sustainability Plan in line with the goals and objectives found in the Strategic Plan. B.4) Financing for the community The City of Santa Ana will explore implementing an AB 811 Funding Mechanism to encourage 200 residents and 50 businesses to invest in solar retrofits. The program, if implemented, will enable residents and businesses to repay loans via property tax bills. The partnership will provide technical assistance and facilitate peer-to-peer support. B.5) Peer-to-Peer Support The partnership is interested in providing and sharing best practices with other partnerships. SCE will arrange to have a representative from the City of Palm Desert provide guidance on how to set up an AB 811 funding program. The partnership and the city will determine how and to what extent such a program is applicable to its citizenry. Core Program Element C -Core Program Coordination The partnership will provide residents and business owners with comprehensive marketing and outreach, education and training opportunities take action to save energy, money and the environment. In addition, the program will act as a portal for all energy offerings, delivering information on demand response, self-generation, the California Solar Initiative (CSI), and low income programs, including California Alternative Rate for Energy (CARE). Please see description in the ELPP Master PIP. C.1) Outreach & Education The partnership will work with core programs to make a variety of public education materials for use in community outreach efforts, to be delivered at community events, through local schools municipal services bills, direct mail, and the partnership's webpage. The partnership plans to co-brand and promote core and third party programs as needed, based on analysis of the city's energy use profile. Higher energy-using or underserved segments will be provided with program information and opportunities to take action; for example, a Community sweep for the Appliance Southern California Edison 2009 - 201 1 Energy Efficiency Plans 147 March 2009 25G-37 City of Santa Ana Ener~y Leader Partnership Recycling program, Operation Lamp exchange and others. See other educational marketing and outreach strategies in the Master ELPP PIP. C.2) Residential and Small Business Direct Install The partnership will continue to include these programs in the 2009-2011 cycle as it did in the 2006-08 cycle. C.3) Third-party program coordination The City of Santa Ana Energy Leader Partnership has used third parties in the past and expects to continue to rely on them to support, and to every extent possible, achieve the community's greenhouse gas (GHG) reduction strategies and the goals and objectives of the Strategic Plan. C.4) Retrofits for just-above LIEE-qualified customers. There is no plan to consider this in the 2009 - 2011 program cycle. C.5) Technical assistance for program management, training, audits The partnership will provide training and information to the city and its community and will coordinate technical assistance, from other program as described in the ELPP Master PIP. c) Non-incentive services The partnership will build a ME&O portfolio of activities to increase community enrollment in energy core programs. The portfolio will include other SCE services, resources, and assets brought to support the ME&O Plan, including: • Mobile Energy Unit; • SCE's Account Manager/Executive support; • SCE's Customer Technology Application Center (CTAC) training; • SCE's Speakers Bureau; • Providing limited giveaways (for example, opportunity drawings and free CFLs); and • Providing marketing, design, and printing of brochures and other collateral materials. d) Target audience The partnership's principal target audiences are the City's municipal facilities. Facilities to be improved include city hall, its police facility, the Corporate Yard, the South West Senior Center, the Bowers Museum, the Transportation Center, Fire Stations 1 - 10, and a variety of city parks. The city has a history of investing in municipal facility energy efficiency upgrades that presently position the city at the Silver incentive level. e) Implementation See the ELPP Master PIP for details on how the three core elements will be implemented. Southern California Edison 2009 - 201 1 Energy Efficiency Plans 148 March 2009 25G-38 City of Santa Ana Energy Leader Partnership 5. Program Element Rationale and Expected Outcome a) Quantitative Baseline and Market Transformation Information By its nature, market transformation occurs as a result of numerous factors and programs, not single sub-programs. Therefore, all metrics are proposed at the highest program level. Please refer to the quantitative baseline and market transformation discussion, presented in the overall program PIP. Table 3 -Refer to the overarching program for quantitative baseline metrics b) Market Transformation Information By its nature, market transformation occurs as a result of numerous factors and programs, not single sub-programs. Therefore, all metrics and goals are proposed at the highest program level. Please refer to the quantitative baseline and market transformation discussion, presented in the overall program PIP. Table 4 -Refer to the overarching program for market transformation metrics c) Program Design to Overcome Barriers Santa Ana has large Hispanic and Asian populations many of whom do not speak English. In addition, many of the city's residents are economically disadvantaged with 18% of the population living below the poverty line. These demographic characteristics are a significant barrier to energy efficiency. To address this barrier, the City is developing a strategy for the Partnership Program that utilizes an expansive multi-lingual approach to implement a variety of public education programs in both English and Spanish languages (and Vietnamese in targeted events). This strategy will increase energy savings from customers who traditionally may not participate in energy efficiency programs to help combat the effects of climate change. Public education will be delivered at community events, through local schools and municipal services bills, via direct mail, and through the partnership's webpage. Training will be provided through business organizations such as the Greater Santa Ana Business Alliance, the Orange County Hispanic Chamber and/or the South Santa Ana Merchants Association. e) Quantitative Program Targets Table 5 Program Program Target Program Pro ram Element Tar et b 2009 b 2010 Tar et b 2011 kWh TBD TBD TBD Number of Worksho s 2 6 10 Number of Ordinances, Codes, etc. 0 0 0 # of ME&O Events conducted that 2 4 6 tar et customers Southern California Edison 2009 - 201 1 Enerbry Efficiency Plans 149 March 2009 25G-39 Cit_y of Santa Ana Energy Leader Partnership 6. Other Program Element Attributes a) Best Practices See the ELPP Master PIP. b) Innovation See the ELPP Master PIP. c) Interagency coordination See the ELPP Master PIP. d) lnte~rated/coordinated Demand Side Management See the ELPP Master PIP. e) Integration across resource tunes (energy, water, air quality, etc.) Santa Ana's integration activities include the rehabilitation of all of the City's groundwater wells and pump stations that were built before 1970 to bring their overall plant efficiencies to the industry standard of 65% or better. The partnership continues to look for further energy and water efficiencies in the delivery infrastructure of the city. Opportunities for enhanced integration and including climate protection across resource types will be identified in the development of the city's Strategic Energy and Resource Protection Plan. The partnership will provide technical assistance and other support, especially as it relates to utility energy elements. f) Pilots Street Liehtin>; & Full Implementation on Citywide Inventory: The partnership will implement a pilot program to evaluate the replacement of city-owned LS2 and LS3 street lights with LED street lights, if funding is available. The pilot will be targeted in distinct circuits in order to accurately evaluate energy efficiency and cost savings. Based on the energy savings achieved in this pilot, the partnership intends to expand the program to replace 1,000 city-owned LS2 and 270 LS3 street lights. AB 811 Funding Mechanism and Energy Efficiency Enhancement: The purpose of this program is to encourage 200 residents and 50 businesses to invest in solar retrofits. The program will enable residents and businesses to repay loans via property tax bills. The partnership will provide technical assistance and facilitate eer-to- eer P p support. g) EM&V See the ELPP Master PIP Southern California Edison 2009 - 20l 1 Energy Efficiency Plans 150 March 2009 25G-40 City of Santa Ana Energy Leader Partnership 7. Partnership Program Advancement of Strategic Plan Goals and Objectives: Table 6 California Long Term Energy Efficiency Program Approach to Achieving Strategic Plan (Strategic Plan) Strategy Strategic Plan Goal 1-1: Develop, adopt and implement model This will be considered in the City's building energy codes (and/or other green Strategic Energy and Resource Protection codes) more stringent than Title 24's Plan. It will consider adopting codes at a requirements, on both a mandatory and level that will allow the city to remain voluntary basis; adopt one or two business friendly and competitive. additional tiers of increasing stringency. 1-2: Establish expedited permitting and This will be considered in the city's entitlement approval processes, fee Strategic Energy and Resource Protection structures and other incentives for green Plan. buildings and other above-code developments. 1-3: Develop, adopt and implement model point-of--sale and other point-of transactions relying on building ratings. 1-4: Create assessment districts or other Explore the applicability of an AB 811 mechanisms so property owners can fund Funding Mechanism and Energy EE through city bonds and pay off on Efficiency Enhancement pilot program, property taxes; develop other EE financing tools. 1-5: Develop broad education program and This will be considered in the city's peer-to-peer support to local governments Strategic Energy and Resource Protection to adopt and implement model reach codes Plan. 1-6: Link emission reductions from "reach" This will be considered in the city's codes and programs to CARB's AB 32 Strategic Energy and Resource Protection program Plan. 2-2: Dramatically improve compliance with This item will be considered in the city's and enforcement of Title 24 building code, Strategic Energy and Resource Protection and of HVAC permitting and inspection Plan. requirements (including focus on peak load reductions in inland areas). ~ 2-3: Local inspectors and contractors hired This will be considered in the city's by local governments shall meet the Strategic Energy and Resource Protection requirements of the energy component of Plan. their professional licensing (as such energy components are adopted). 3-1: Adopt specific goals for efficiency of This will be considered in the city's local government bu>ldings, including: Strategic Energy and Resource Protection Plan. Southern California Edison 2009 - 201 1 Energy Efficiency Plans 151 March 2009 25G-41 City of Santa Ana Energy Leader Partnership California Long Term Energy Efficiency Program Approach to Achieving Strategic Plan (Strategic Plan) Strategy Strategic Plan Goal 3-2: Require commissioning for new This will be considered in the city's buildings, and re-commissioning and retro- Strategic Energy and Resource Protection commissioning of existing buildings. Plan. The city currently has no requirements but will provide assistance through the partnership. 3-4: Explore creation of line item in local This will be considered in the city's government budgets or other options that Strategic Energy and Resource Protection allow EE cost savings to be returned to the Plan. The item will be considered but, due department and/or projects that provided to the limitations of revenue and the budget the savings to fund additional efficiency. crisis that the City is facing, this is a low priority. 3-5: Develop innovation Incubator that See ELPP Master Program Implementation competitively selects initiatives for Plan (PIP) inclusion in local government pilot projects. 4-1: Local governments commit to clean Development and implementation of a energy/climate change leadership. citywide Strategic Energy and Resource Protection Plan will reinforce the city's long standing position as an energy leader. 4-2: Use local governments' general plan This will be considered in the city's energy and other elements to promote Strategic Energy and Resource Protection energy efficiency, sustainability and Plan. climate change. 4-4: Develop local projects that integrate This will be considered in the city's EE/DSM/water/wastewater end use Strategic Energy and Resource Protection Plan. Southern California Edison 2009 - 201 1 Energy Efficiency Plans 152 March 2009 25G-42 City of Santa Ana Ener~y Leader Partnership California Long Term Energy Efficiency Program Approach to Achieving Strategic Plan (Strategic Plan) Strategy Strategic Plan Goal 4-5: Develop EE-related "carrots" and The city currently offers a program for "sticks" using local zoning and Solar that waives a plan check, permit and development authority inspection fees for systems that either produce energy or save natural resources. The Strategic Energy and Resource Protection Plan will identify additional opportunities or "carrots" using local zoning and development authority. "Carrots" outside of local zoning and development authority: Enhanced rebates to multi-family property owners to install efficient products such as lighting, refrigeration, and water heaters in common areas and dwelling units. Energy efficiency enhancement in conjunction with AB 811 solar project financing that will allow residents and businesses to repay loans through property tax liens. Southern California Edison 2009 - 201 1 Energy Efficiency Plans 153 March 2009 25G-43 25G-44 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended THIRD RENEWAL OPTION TO LICENSE ? As Amended AGREEMENT WITH A WHITE AND YELLOW CAB ? Ordinance on 1S` Reading ? Ordinance on 2"d Reading COMPANY AT THE SANTA ANA REGIONAL ? Implementing Resolution TRANSPORATION CENTER ? Set Public Hearing For CONTINUED TO - FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute the attached third exercise of option amendment to the license agreement with A White and Yellow Cab Company in the amount to be paid to the City of $6,024 per month for a one-year term for taxi service at the Santa Ana Regional Transportation Center, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Regional Transportation Center is a regional hub, combining Amtrak, MetroLink, Orange County Transit Authority, other bus services and taxi services. Since 1986, the City has contracted with a single company to provide taxi services as a convenience for the patrons. On October 3, 2005, the City Council approved a License Agreement with A White and Yellow Cab Company for a two-year period beginning December 19, 2005, and ending on December 18, 2007, with three 12-month renewal options. A White and Yellow Cab Company has requested to enter into its third year renewal option beginning December 19, 2009, and ending on December 18, 2010. A White and Yellow Cab Company has provided taxi services in a very professional and competent manner. Staff recommends that the City exercise the third renewal option to ensure consistent services to the Santa Ana Regional Transportation Center patrons. 25H-1 Third Renewal Option to License Agreement with A White and Yellow Cab Company at the Santa Ana Regional Transportation Center December 7, 2009 Page 2 FISCAL IMPACT The one-year renewal option will provide revenue to the Santa Ana Regional Transportation Center in the amount of $6,024 per month for total revenue of $72,288 per year in the Concession-Taxi Stand Revenue Account (accounting unit 06718002-53815). APPROVED AS TO FUNDS AND ACCOUNTS: r--' ~ ' Raul Godinez; I Francisco utierrez Executive Di ctor Executive Director Public Works Agency Finance & Management Services Agency TLC/CK 120709 TaxiCab3rdRenewOpt 25H-2 THIRD EXERCISE OF OPTION FOR TAXI LICENSE AGREEMENT THIS THIRD EXERCISE OF OPTION, made and entered into this 18~' day of December, 2009, by and between A White and Yellow Cab Company (hereinafter "Licensee") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), collectively referred to herein as "the Parties". RECITALS A. The Parties entered into that certain agreement entitled "Site License Agreement between the City of Santa Ana and A White and Yellow Cab Company" dated December 19, 2005, hereinafter referred to as "said Agreement", to license commercial space at The Santa Ana Regional Transportation Center to A White and Yellow Cab Company to be used to accommodate a taxi cab company to provide transportation to travelers, visitors and employees at The Santa Ana Regional Transportation Center. B. The parties hereto now desire to exercise the third one-year option of said Agreement to extend the "Term" (section 1.02) and to increase the "Compensation" term (section 1.03) of said Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. The "Term" section of said Agreement is hereby extended through December 18, 2010. 2. The "Compensation" section of said Agreement is hereby amended for the third option period and increased to the monthly amount of $6,024.00. 3. Except as hereinabove modified, the terms and conditions of said Agreement, including the attached Rider, remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Exercise of Option of Taxi Cab License Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Maria D. Huizar David N. Ream Clerk of the Council City Manager APPROVED AS TO FORM: A White and Yellow Cab Company Joseph W. Fletcher, City Attorney By: Lisa Storck, Assistant City Attorney Name: Title/Tax ID: RECOMMENDED FOR APPROVAL: Raul Godinez II, ctor of Public Works 25H-3 i 25H-4 REQUEST FOR COUNCIL ACTION a CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED LEGAL SERVICES AGREEMENT WITH ? As Recommended ATKINSON, ANDELSON, LOYA, RUUD ? As Amended ? Ordinance on 1St Reading & ROMO ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO G`. FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached legal services agreement with the law firm of Atkinson, Andelson, Loya, Ruud & Romo to provide special labor negotiator and related legal services on behalf of the Personnel Services Agency. I DISCUSSION Continuing budgetary pressures place extraordinary demands upon the resources of the management staff regarding labor negotiations and other meet and confer responsibilities under State labor law. With the loss of staff, it has become necessary to seek outside assistance of a specialized labor negotiator. Ms. Irma Rodriguez Moisa of the Cerritos-based Atkinson, Andelson, Loya, Ruud & Romo, a highly-regarded labor law specialist with extensive experience under Meyers- Millias-Brown (the State public sector labor relations statute), will be lead counsel for the firm. Working under the general direction of the City Attorney and the Executive Director of Personnel Services, Ms. Moisa will assist city staff in on-going negotiations with the various city employee bargaining units, The hourly rate for Ms. Moisa and other members of the firm will be $275.00 per hour. This rate is competitive with the fees the City is paying to other public sector law firms. 251-1 Legal Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo December 7, 2009 Page 2 FISCAL IMPACT Funds for the services are available in the FY 09-10 Personnel Services Account (account no. 01109050-62300). , _ Josgp F er Kathie Gonzalez Ci y A orney Executive Director Personnel Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: ra~~.~i Francisco Gutierrez Executive Director Finance & Management Services Agency 251-2 LEGAL SERVICES AGREEMENT This AGREEMENT, made and entered into this 7th day of December, 2009 by and between Atkinson, Andelson, Loya, Ruud & Romo, a Professional Corporation (hereinafter "Attorneys"), and the City of Santa Ana, a charter city duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. City desires to employ Attorneys to assist the City Attorney in the provision of legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the fields of transactional and municipal litigation, including redevelopment law, and desire to undertake said employment. 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. EMPLOYMENT OF ATTORNEYS. City hereby agrees to and does employ Attorneys, for the compensation hereinafter specified, to assist its City Attorney in transactional and litigation services related to City matters and other legal issues when and as requested by said City Attorney to do so. Attorneys accept said employment and agree to perform, in timely and efficient manner all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter. 2. PAYMENT FOR SERVICES RENDERED. A. FEES City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all of said services in regard to each such action, compensation at a maximum rate of $275 per hour for work performed by Attomeys. B. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out-of-pocket expenses including mileage authorized by the City Attorney in connection with the performance of duties under this Agreement. 3. METHOD OF PAYMENT Attorneys shall, by the 15`h day of each month, submit a statement, specifying the services performed, dates and number of hours, itemization of expenses related thereto. 4. CONTROL OF LEGAL MATTERS. Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of 1 251-3 all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their employment hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. ATTORNEYS INDEPENDENT CONTRACTORS. It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Attorneys shall provide proof to the City Attorney of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fails or refuses to produce and 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 Attorneys' right to be paid for its time and materials expended prior to notification of termination. Attorneys waive the right to receive compensation and agree to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of Attorneys' negligent or wrongful performance or conduct of this Agreement. 8. CONFIDENTIALITY If Attorneys receive from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Attorneys agree 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 Attorneys disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of 2 251-4 law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. BOX 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Attorneys: Atkinson, Andelson, Loya, Ruud & Romo 12800 Center Court Drive, Suite 300 Cerritos, CA 90703 Phone: (562) 653-3200 Fax: (562) 653-3333 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, 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 Attorneys. 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 Attorneys nor the City. Each party to this Agreement acknowledges that no representations, inducements, 3 251-5 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City. 13. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide reasonable notice to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in any litigation in which Attorneys may be involved. 14. DISCRIMINATION Attorneys 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. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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. 16. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, includin reasonable costs and attorne 's f . g y ees, for any injuries or damages to City m the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 4 251-6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: CITY OF SANTA ANA Maria D. Huizar David N. Ream Clerk of the Council City Manager APPROVED AS TO FORM: Joseph W. Fletcher City Attorney ATKINSON, ANDELSON, LOYA, RUUD & ROMO, A PROFESSIONAL CORPORATION By: Name: Its: 5 251-7 I 251-8 REQUEST FOR COUNCIL ACTION ,~~.'`T~' CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended CONDITIONAL USE PERMIT NO . 2 0 0 9 -19 ? As Amended TO ALLOW A CARWASH AT 202 EAST ? Ordinance on 15f Reading ? Ordinance on 2"d Reading FIRST STREET - JAMES GARTNER AND ? Implementing Resolution ASSOCIATES, APPLICANT ? Set Public Hearing For CONTINUED TO / ~C~c FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2009-19 as conditioned. PLANNING COMMISSION ACTION On October 26, 2009, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2009-19 as conditioned by a vote of 5:0 (Gartner abstained) in order to construct an automatic carwash facility at 202 East First Street in the General Commercial (C-2) zoning district. The Planning Commission added a condition to require the applicant to complete a voluntary lot merger prior to building permits being issued. Additionally, at the request of the applicant, the Planning Commission modified the hours of operation to 7:00 a.m. to 9:00 p.m. (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~ J M. Trevino Executive Director Planning & Building Agency MF:rb mf\reports\cup09-19 Santa Ana Express Car Wash.cc 31 A-1 31 A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: PLANNING COMMISSION SECRETARY OCTOBER 26, 2009 APPROVED TITLE: ? As Recommended PUBLIC HEARING - FILED BY JAMES GARTNER ? As Amended AND ASSOCIATES FOR CONDITIONAL USE PERMIT ? Set Public Hearing For NO. 2009-19 TO ALLOW A CARWASH AT 202 EAST DENIED FIRST STREET ? Applicant's Request ? Staff Recommendation CONTINUED TO Prepared by Matt Foulkes ~ ~~~ti-~-~_ ~ Executive Dire or Planning Man ger RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2009-19 as conditioned. DISCUSSION Request of Applicant James Gartner and Associates Architects, on behalf of Santa Ana Express carwash, is requesting approval of a conditional use permit in order to construct an automatic carwash facility at 202 East First Street. Property Description The subject site is a 1.1 acre parcel of land located on the south side of First Street between Cypress and Orange Avenues. The site is currently vacant and was previously used as an equipment rental yard. The General Plan land use designation for this site is General Commercial (GC), and it is located within the General Commercial (C-2) zoning district. Surrounding land uses include commercial to the north and west with residential to the east and south (Exhibits 1 and 2). Project Description The applicant is requesting a conditional use permit to construct a 6,505 square foot automatic carwash. The two-story structure will be located adjacent to the eastern property line and is oriented to allow cars to enter at the southern portion of the property near Walnut Street and exit adjacent to First Street. The first floor will be primarily occupied with EXHIBIT A 31 A-3 Conditional Use Permit No. 2009-19 October 26, 2009 Page 2 the carwash equipment and customer restrooms while the second floor will contain approximately 425 square feet of administrative office with the remaining area to be used for HVAC equipment and storage. Twenty-five parking spaces have been provided to allow vehicles entering or exiting the carwash to dry and/or vacuum their vehicles. Landscaping has been provided in excess of the City's requirements along First Street, Cypress Avenue and Walnut Street with space for decorative trellises and vine pockets along the building's eastern wall facing the alley. These vines and trellises comply with the City's recently adopted graffiti mitigation design guidelines. The Site has been designed with driveways on both First Street and Cypress Avenue to allow vehicles to circulate through the site from either driveway. These driveways will feature decorative stamped paving to further enrich the entrances to the site. The building will feature a variety of materials including burnished and precision cut block to complement the horizontal lapped siding. The second story will feature a row of six-foot windows allowing light into the carwash tunnel as well as adding height and visual interest to the building. The roof of the building will be curved metal with angular metal columns extending down to the base of the building. Arched canopies have also been provided in the parking area to complement the roof design of the building and provide a shaded area for customers to dry/vacuum their vehicles (Exhibits 3 through 6). The proposed hours of operation for the carwash will be 9:00 a.m. to 10:00 p.m., seven days a week. Analysis of the Issues The property's zoning designation allows automated car wash facilities subject to a conditional use permit per section 41-377.5(b) of the Santa Ana Municipal Code (SAMC). This conditional use permit requirement allows staff and decision makers to review projects on an individual basis to determine its compatibility with the surrounding area and apply appropriate conditions to ensure that the proposed business does not negatively affect the surrounding properties or community. As part of the analysis process for conditional use permit requests staff analyzes a variety of issues relating to proposed project in order to ensure a quality development and to provide justification for the findings needed to recommend approval. These include the extent to which the proposed project provides a needed product or service to the community; a finding that the project will not be detrimental to the health, safety or welfare of the community; that the project will not cause economic instability in the area; that the project complies will all of the 31 A-4 Conditional Use Permit No. 2009-19 October 26, 2009 Page 3 development standards contained in the City's Zoning Ordinance (SANG Chapter 41); and that the project is in conformance with the City's General Plan. Staff also identifies any potential impacts the project may have to surrounding properties and develops appropriate conditions of approval or design considerations to minimize or eliminate those issues. Conformance to Required Development Standards As proposed, this project meets all of the City's minimum development standards for the General Commercial (C-2) zoning district relating to site design, parking and landscaping, with the site substantially exceeding the minimum parking and landscaping requirements along both the First Street and Cypress Avenue setbacks. Compliance with General Plan Policies The project helps to implement a number of policies contained in both the Land Use Element and Urban Design Element of the General Plan. Key among these are: Land Use Element Policy 2.2 - Support commercial land uses in adequate amounts to accommodate the City's needs for goods and services. The addition of an automatic car wash facility in this location will provide a service to the surrounding residents by providing them with a convenient and accessible location to wash their vehicles. The project's location adjacent to a major arterial street to the north as well as a large congregation of residential properties to the south makes it an appropriate location for a service use of this type. Land Use Element Policy 2.2 - Promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The subject property was previously used as an equipment rental yard which met none of the City's development standards. Most recently the site has been a vacant lot. The site's small size constrains its development opportunities and the relatively deteriorated nature of the surrounding properties also constrains the property's marketability. The proposed project will significantly improve the property with the construction of a high quality building which improve the area. The applicant will also make a substantial capital investment in the property with the addition of the proposed improvements. 31 A-5 Conditional Use Permit No. 2009-19 October 26, 2009 Page 4 Urban Design Element Policy 1.5 - Enhanced architectural forms, textures, colors, and materials are expected in the design of all projects. The building design is unique for a use of this type. The car wash "tunnel" has been completely integrated into the building. The two-story design, which includes office space on the second floor, allows for addition of large clerestory windows that provide architectural interest, as well as provide natural light to the interior of the tunnel. The contemporary design will provide architectural and visual interest to patrons, pedestrians and vehicles travelling along First Street while remaining compatible with the surrounding development. The project design includes the use of high quality materials and design features, such as the use of a curved metal roof, angular metal beams and the use of a variety of building materials. The fagade uses a creative mix of split- face and burnished architectural block alternating with the use of lapped siding. The site includes extensive landscaping in a drought tolerant palette around the project's boundary and within the parking lot to both help it integrate with the residential properties and streetscape to the east and south, and provide shading for the patrons. Potential Impacts to Public Health, Safety and Welfare Staff has identified noise, loitering, site maintenance and security as some of the potential issues surrounding this project. The noise implications surrounding this use are two-fold. The first is from the car washing equipment itself, and the other is from the vehicles and patrons that will be using the facility. To address the potential for any noise which could emanate from the car washing equipment, the building has been oriented to have the exit, where any noise could potentially originate, facing away from the adjacent properties and instead be oriented towards First Street. Additionally, the building has been moved as close to First Street as possible in order to provide a substantial buffer between the building and the residential properties to the south and east. Finally, the building has been designed to include a six-foot solid block wall along the eastern property line to further buffer any noise originating from the car wash equipment to the adjacent properties, as well as provide a visual screen of the car wash exit to vehicles traveling along First Street. Although vacuuming equipment will be provided for each of the parking stalls, the equipment that is proposed uses three fully enclosed, central storage containers which substantially reduces the noise generated by their use. 31 A-6 Conditional Use Permit No. 2009-19 October 26, 2009 Page 5 To address noise generated by customers utilizing the car wash facility, the primary parking area is oriented away from the residential properties to the south of the project and is screened from the properties to the east of the project by the car wash building. Additionally, hours of operation and outdoor speaker restrictions have been added as conditions of approval to further reduce any noise impacts. Site security and loitering issues have been addressed through a combination of staffing, lighting and site design. When the car wash is not in operation the driveways will be gated in order to prevent vehicles from coming on to the site. In addition to restricting vehicle access, roll-up doors will close off the entrance and exit to the carwash tunnel and all mechanical and vacuuming equipment will be non-operational. During regular hours of operation, three to four employees will be available on site to address site maintenance issues including trash and loitering as well as provide assistance in case of equipment malfunctions. Finally, the project will comply with current lighting requirements by the Police Department. Based upon the analysis of the project subject to the specified criteria and findings, staff recommends that the Planning Commission approve Conditional Use Permit No. 2009-19 as conditioned (Exhibits 7 and 8). CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt per Section 15303. This Class 3 exemption applies to projects less than 10,000 square feet in urbanized areas where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Matt Foulkes, LEED AP Ser io of IC Assistant Planner I Princi P a e MF:jm mf\reports\cup09-19 Santa Ana Express Car Wash.pc 31 A-7 P R2 ~ SP-3 SD- SP-3 I I I 2 s M p~ R2 ~ Nz M1 SP-3 = I 3' nz s Ri ni nz R2 R2 R2 R2 P 75 a P,++" M~ P R2 R2 I SP-3 s3 :t,: ~ § W;o~ M2 0 SP-3 „ sr r a 0 s Ems. M2 R2 R1 ni eB ~ P P P SP-3 sr q~ D ~a'F' n< \ .a+ 0 9 P P SP-3 -3 ; 5~' p SP-3 SP-3 ~ M~ P s SD-20 ~ SP-3 i s3 a ~ ~ t S~"I, 0 ENE R. I ~ P3, a2 M2 SP 3 -a I sue' A~ P2 P2~r Mom„ GC' CIVICCEHTEH Rs ap A2 a2 ~ ~a ~ M2 F NDII K+'a - 0^ of ~ GC ~ ~ NDII C3 P P R2 ,e QM~ n NDII C3- C2+~~~ R2 p2 W GC~ 9ANTAAHA Bl. ~ ~ _ ~9T ~ 9. C3 C3 ca c3 C3 C3 c2 LL ¦ ¦ ¦ -HDU -xon waD -HOU -HDU SD-30 m ~ H R2 C2-xal m C2xDn M? 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Q { ~ 4 Y, ~ i ~9` i J~ 1 i I.~ ~ ~ itJ_I j 3 ~ ~ ~ ti+ ~ # S ~ L ~ ~ I ,9 ` ` ~ .:J ~ , ~I ~ ti i ~ ~tt!`` 1La t € t~ . it . ~ ~ E ~ ~ , ~ w~Y v ~ ~ ~ ~ ~ ~ ~ ~II eft ~ ~ ~ s •I -,j ~ ~ ~ . , , ~ ~ ~ «J 'M. s ~ ~ ~ ~ ~ T ~ ~ ~ j~ ,r / 1 Q ~ ~ , f , . y --i `z - - EXHIBIT' ~ - 4 . . 34~ _ - r ¢°`*a Page o ~fiater~als Palet~~e ~ce~end Sant:~~ Ana Express Car Vi/ash SANTA ANA CJ1lU'CrRNIA Symbol Materials Description to s-zoos 1). ~ ~ TREE CRAPE MYR3-LE TREE (White), Lagerstromia Indica. sv'i 2). TREE existing Trees @ City R.O.W. [Camphor (?)@ Cypress Ave. i London Plane- California Sycamore Wah~ut-First Street TBD). ~ 1"REE VJILLC~W PITT'05PORUM Urrdulatum. Alt. f_alifornia Pepper-Scfrinus Molls. ~1}. PALM CALlr=ORNIA J MEXICAN FAN PALM, Filifera / Robusta. S}. ~ LAWN Existinf; Street I;.O.VV.-Parkway'{'urf-Lawn to be redone in City approved Turf. jSanta F1na Bermuda /Blue Rye /EI 1"oro Zoysia I~~BD). ~ - - ; Grounci Cover Assorted ~fB~J Randomly-grouped placed fiotivc;ring Color-native Perennials, i.e. Cushion Spurt;elFtussfan Sage/ Santa Barbara OaisyJGay t=eaiher, ETC. "I EiD, planted irr Natr.iral Decomposed Granite. ~13 j i Grasses Ll" - 7.R" i~tandorn-Grouped Medley o'i ©rnamental Cara ce; I~>laced in Natrara! ± G-' Decomposed Granite. i.e. Dwarf Fountain/Blue-silver fescuelMexican Feathers/Quaking Grass/Black Pennisteturn, et:c. TBD. ~ '~~L4" -3U" pruned-formed evergreen shrubs, flowering non flowering, i.e. Natal ~.`J Low Shrubs ~ Plumb /Japanese Pittosporum Variegatum /Boxwood /Wax leaf Privet / Woods Compact, etc. TBD. Typically midpoint -tap of finish landscape grade - I mound (c~ -r-1&" off top of curb. ~C?,j I Vinc Ailey wall on Vvire support Persian Ivy /Boston ivy / C-ng{ish Ivy, Site V bui(din;, walls Persian Ivy /Boston ivy/ Lnf;iish Ivy /Gape Money Suckle, etc. ~(B(=~. ~l } Enric~hcd raving ~lypit,rl Lnrichc.r.i Con r~ to pavrnf;, w/ k-xpansion )oinf~ color frnrsh t~ xture to }r . ~ i ~ i concrci.~ located, ciesrgn delineated ert. twu driveway entranc:s General .~rutc; ~ ~ ; , circulation paving to be natural concrotc. color- trowr--,led #inish. Srtc: Walks io ~ be Rod<sait-x ~ c r li7ht broom finish. I r>rp~~, ~ I I f Rock Salt-Pepper, cold trowel, Simi smooth finish. Rock Salt-Pepper, cold ~Crowel -Broom Finish Note: Typically c~ 7"5' landscape set back, the midpoint -top of #inish landscape grade -mound is to be ~ +7.f3" oif top of curb. 31 A-11 Page 2 of 2 r ~ I~It t ~ ~ w cq~ 7 +1~ ~ 19~ ¢y C ~ _ ~ g Y SI t. d ~ ~ ~ ~C ~ v ~p~af r~ e#~4 vZ 55 ~i a a ~ ~ wo € ~ ~~3 ( saa- p~taz r ~ A i ~ ~ ~ ~ ~ ~ ~~°~E,~ ~3.IEe~ fir,~&.~,~ ~ 4r~$a ~ ~~~ai I 4$~~,.~ s ° # ~ r e ~ S syy 9 n ~ r4 ~r 3~~~ gdpap~~¢~~79~~$~~pg~` ~~yY~ ~ ~~n~a ~ ~ ~f~g~ ~tl~ y~€~ :Q~ps~~~i~R~ ~pq~{¢~~9~ 4 ~ ~ ~ b F ~ Q$ ~ g! 9x zx ~ ~ A ~ ~ ~ ~ ~ p ~ 9~ ~ ~ ~ ~ ~ ~ g~ 9$ ~ ~ 3 s~ N rry ~ ~ 3 ~ ~ ~ ~ ~ Ff 6 ~ Q 3~,~ 36~ 36E~; F ~~~~~~~~~~~~~~$~a~:~~~~~~~~~~~~~~~?9~9~~~~€~93F~~~~~d3ia~~~~~~~?~~t~~a$:ic~~~~~~~t~$~$gq~~Si~4~~~~~~~~~ ups Q OOn Cb7C7C7 L70 D ~ D Od C]L7©C7L~1 ~ a a ~ a dd +ld ®D ®Od0 d~ • z •~O~ ©~8L] a i O • r O O Lx7Cg]C7~0 D DL~7 C1L7 ~ O C7 © ~ m ~ p "4 F ---C47- ~ - ~ s - - ~ - Q€ ~ ~ @~ A. n n ~ ~ ~ ~ gg _ r I a ~f C ~ f ~ ~ ~ i ~EYy V Ca ~ u. 6 q~s~~ w~ e~ a e~ R; I 0 I~ f ~ 9 R n ~ A Q S gg ryry yy I Q I k. A R _ ~h~~9 S Y~ aP III : g ~ 96 \ I~ ~ i q ~ s~ ~Y s S@~ P~~se~~ ~ A4 4' ~ fl eg ~q! j ice- _ ~ - ~ ~ ~g t, I ~ ~A a 9tR ~ ,g ~ t ~ ~ ~ ® F o a ~ ~ ~a~gE~ ~ i air ® i ~ i ~ o s~~ ~ 3~~~~~ ~~~9~~~ ~~1~~~~~ 2 i s V' ll R ~ ~J j F s .F. a - f - - --o ~--o - ~ W .r e 1515yH3 n rti 2e i ~Y ~ 751SMl3 1 ~ - ~ ~ 8~~~ I - ~ - - - A S R- 7 _ F E .a w an 0 ~ ~ ~I~ ` a G 6 a t a '~y F t ~r ~ a o x'31 ~ 1 ~B~~ a~ ; ~ E~Eg E ~ _ ~ s ~Y~ 4 _S~I~ ~z ~y i ~ O ~ ri~ ~ ~I ~ ~ ° S ~ t3a;` F ~ saa~ x}a~~~ tepR~ j1d~~3 • s g jig; ¢ ~ h,. r- V °a € ~ f ct F ~~~aaf ~ ft#'s ~ Y ~~~E6~ ~ a~~~'^~ l~>~~ ,~d 8 4 i s _ e c~ M ~ ~ .9 O oe Y as < a~ ~ ~ ~ ~ 8 ~ ~G ~ O ~ ~ K i- O i- ~ s ~ `d% `jl ~ ~ ~ ~ ~ ~ ~ - . ~ I ~ ~ 9 ~~s ~ 5 4~ ~ a a I -~J @$ 3 I E~ Y 1 ~ ~ ~ ~ ~ ~ l i ~ o _ j Y - ~ I ~ Y~ ~ ~ i i \ ~ ' i I s ~ ~ I I 8~~ ~ I - . , 3~~ d ~ ~ '..A oLZ p \ • ~ I ~ ~ p s ~ ~ ~ ! saa Y RA f.~ 4 tt i t 9~ i ~ gi¢ ~ U € ~ sl~~i F ~~~as~ ~ i~~iis ~ ~ • ~p .,y < ;t ~ ~ i 1 !i ~t r ~ ~ ~ ~ ~ ~ i~li g~f i i i~i 1 ~ ! {tl i 8 r~~ ae~ a i~ei 3 a Q~Yi 1 ~ E~• i ~ y ~~i~~ji l ~~e4 i~ a6~~ ~i~e ~fi~.~t i~ ~l1E~ t } e i ~~~~s1111 ~g~ ~ ~ ~ _ ~~a 3Yc€s 3 Baaaae?~~~i ~..~.5!!! ~i~i ;~iaP . 9e li I~ i i Z.,. r ~ ~ ~ ii ~ `i ~ ~ ~ ~Y i f ~ I I ~ Z ~ ~ III ~ ~ ' I, ~ i:.I i i~ < I~~'~~ ~ ~ ~I i . \ T` ~ F ~I 1~ r-.+~ ~ ~ I ~ I I` ~ { ~ ~~I ~ ~ i ~ ~ ~ I I' i 3 Y 7 y^ t 5 I' .a J~ ~ 7 ;f "4~~( , - ~ < Conditional Use Permit No. 2009-19 October 26, 2009 Page 1 of 2 Findings of Fact A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The addition of an automatic carwash facility at this location will provide a quality amenity along a major arterial street which will contribute to the general well being of the community. Policy 2.2 of the Land Use Element encourages commercial land uses in adequate amounts to accommodate the City's needs for goods and services. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed conditional use permit for an automatic car wash business will not be detrimental to persons residing or working in the area as appropriate design considerations and conditions of approval have been added to this project to ensure it will not result in any negative impacts on the surrounding properties. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The construction of a new automatic car wash at this location will further enhance the present and future economic stability of this area by developing a previously vacant site with a high quality project which will provide a needed service to this area. Additionally, the project's location adjacent to a major arterial, as well as residential development, makes it an appropriate location for this type of use. Appropriate conditions of approval have been included for this project to ensure there are no negative impacts to the surrounding area. CUP 09-19 J 1 ~IT~ 15 Conditional Use Permit No. 2009-19 October 26, 2009 Page 2 of 2 D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project complies with or exceeds all applicable regulations and conditions specified in Chapter 41 for this use. Specifically, the project exceeds both the parking and landscaping requirements in the General Commercial (C-2) zoning district. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The subject site is located within an area designated with the General Plan land use designation as General Commercial and is located within an established commercial corridor of the City. The development of the site supports Policy 5.5 of the Land Use Element of the General plan which encourages development that is compatible with and supportive of surrounding land uses. Further, this project supports Policy 2.2 of the Land Use Element which encourages development that accommodates the City's needs for goods and services. 31 A-16 OCTOBER 26, 2009 PAGE 1 OF 2 1 Conditions for A rova Should Conditional Use Permit No. 2009-19 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 09-27). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to approval of a Certificate of Occupancy, all on-site improvements shall be made in accordance with the submitted plan. 4. Prior to issuance of building permits, a lighting plan including location, design details and foot-candle measurements shall be submitted to the Planning Division and Police Department for approval. 5. Hours of operation shall be limited to 9:00 a.m. to 10:00 p.m. 6. Roll-up doors shall be provided to restrict access to the carwash tunnel during non-operating hours. 7. Vacuuming equipment shall not be available or functional during non-operating hours. CUP 09-19 3 ~~!~1'76 OCTOBER 26, 2009 PAGE 2 OF 2 8. Prior to approval of a Certificate of Occupancy, all on-site signage including directional signage shall be submitted to the Planning Department for review and approval and shall be under separate permit. 9. On-site employees shall be responsible for the removal of all litter and trash from the site each day. 10. Inoperable or malfunctioning equipment shall be repaired or replaced in a timely manner. 11. Landscaping shall be maintained in compliance with the submitted plan including all parkways and street trees. Any modifications to this plan shall be submitted to the planning department for review and subject to the approval of the Planning Manager. 12. There shall be no overnight parking of vehicles on site. 13. All ingress and egress to the property shall be restricted during non-operating hours. Prior to issuance of building permits, the design and location of any equipment restricting access to the site shall be reviewed and approved by the Planning Department. 14. There shall be no exposed neon lighting of any kind on either the building, parking lot canopies or in the windows. 15. Enhanced paving shall be provided at both the First Street and Cypress Avenue driveways. 16. Customer restrooms shall be locked during all non-operating hours. 17. There shall be no outdoor speakers or any other sound amplifying devices installed on the site. B. Police Department 1. Prior to approval of a Certificate of Occupancy, on-site lighting must comply with current Municipal Code standards. 31 A-18 bk:10/26/09 RESOLUTION NO. 2009-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2009-19 AS CONDITIONED TO ALLOW INITIATION OF A CARWASH USE FOR THE PROPERTY LOCATED AT 202 EAST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of a conditional use permit to construct a 6,505 square foot automatic carwash on a vacant 1.1 acre parcel of land located on the south side of First Street between Cypress and Orange Avenues. B. Conditional Use Permit No. 2009-19, came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 26, 2009. 1. Conditional Use Permit No. 2009-19 has been filed with the City of Santa Ana seeking to allow atwo-story structure to be located adjacent to the eastern property line and is oriented to allow cars to enter at the southern portion of the property near Walnut Street and exit adjacent to First Street. The first floor will constitute the car wash with the second floor reserved for ancillary office use. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The addition of an automatic carwash facility at this location will provide a quality amenity along a major arterial street which will contribute to the general well being of the community. Policy 2.2 of the Land Use Element encourages commercial land uses in Resolution No. 2009-18 Page 1 of 6 31 A-19 adequate amounts to accommodate the City's needs for goods and services. ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed conditional use permit for an automatic car wash business will not be detrimental to persons residing or working in the area as appropriate design considerations and conditions of approval have been added to this project to ensure it will not result in any negative impacts on the surrounding properties. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The construction of a new automatic car wash at this location will further enhance the present and future economic stability of this area by developing a previously vacant site with a high quality project which will provide a needed service to this area. Additionally, the project's location adjacent to a major arterial, as well as residential development, makes it an appropriate location for this type of use. Appropriate conditions of approval have been included for this project to ensure there are no negative impacts to the surrounding area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project complies with or exceeds all applicable regulations and conditions specified in Chapter 41 for this use. Specifically, the project exceeds both the parking and landscaping requirements in the General Commercial (C-2) zoning district. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The subject site is located within an area designated with the General Plan land use designation Resolution No. 2009-18 Page 2 of 6 31 A-20 ' as General Commercial and is located within an established commercial corridor of the City. The development of the site supports Policy 5.5 of the Land Use Element of the General plan which encourages development that is compatible with and supportive of surrounding land uses. Further, this project supports Policy 2.2 of the Land Use Element which encourages development that accommodates the City's needs for goods and services. C. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt per Section 15303. This Class 3 exemption applies to projects less than 10,000 square feet in urbanized areas where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 202 East First Street:. 1. .Conditional Use Permit No. 2009-19, as conditioned in Exhibit "A" attached hereto and incorporated herein, to permit the subject property to initiate a use as an automated carwash with ancillary office These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 26, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 26th day of October, 2009 by the following vote: AYES: Commissioners: Alderete, Betancourt, Leo, Tumer, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Gartner (1) Christopher Leo Chairman Resolution No. 2009-18 Page 3 of 6 31 A-21 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009-18 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 26, 2009. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2009-18 Page 4 of 6 31 A-22 Conditions for Approval for Conditional Use Permit No. 2009-19 Conditional Use Permit No. 2009-19 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards n all other a licable re ulations. Code a d pp g The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 09- 27). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to approval of a Certificate of Occupancy, all on-site improvements shall be made in accordance with the submitted plan. 4. Prior to issuance of building permits, a lighting plan including location, design details and foot-candle measurements shall be submitted to the Planning Division and Police Department for approval. 5. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. 6. Roll-up doors shall be provided to restrict access to the carwash tunnel during non-operating hours. 7. Vacuuming equipment shall not be available or functional during non- operating hours. 8. Prior to approval of a Certificate of Occupancy, all on-site signage including directional signage shall be submitted to the Planning Department for review and approval and shall be under separate permit. EXHIBIT A Resolution No. 2009-18 Page 5 of 6 31 A-23 9. On-site employees shall be responsible for the removal of all litter and trash from the site each day. 10. Inoperable or malfunctioning equipment shall be repaired or replaced in a timely manner. 11. Landscaping shall be maintained in compliance with the submitted plan including all parkways and street trees. Any modifications to this plan shall be submitted to the planning department for review and subject to the approval of the Planning Manager. 12. There shall be no overnight parking of vehicles on site. 13. All ingress and egress to the property shall be restricted during non- operating hours. Prior to issuance of building permits, the design and location of any equipment restricting access to the site shall be reviewed and approved by the Planning Department. 14. There shall be no exposed neon lighting of any kind on either the building, parking lot canopies or in the windows. 15. Enhanced paving shall be provided at both the First Street and Cypress Avenue driveways. 16. Customer restrooms shall be locked during all non-operating hours. 17. There shall be no outdoor speakers or any other sound amplifying devices installed on the site. 18. All parcels which are the subject of this application shall be consolidated into a single legal lot prior to issuance of a building permit. B. Police Department 1. Prior to approval of a Certificate of Occupancy, on-site lighting must comply with current Municipal Code standards. Resolution No. 2009-18 Page 6 of 6 31 A-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended PUBLIC FACILITIES NAMING NO. 2009- ? As Amended O1 TO NAME A ROOM WITHIN THE SANTA ? Ordinance on 15' Reading ANA MAIN PUBLIC LIBRARY LOCATED AT ? Ordinance on 2rd Reading ? Implementing Resolution 2 6 CIVIC CENTER PLAZA THE ESTELLA ? Set Public Hearing For R. SHULSE TEEN ACTIVITY ROOM CONTINUED TO U FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the staff report and affirm the naming of a room within the TeenSpace area of the Santa Ana Main Public Library the Estella R. Shulse Teen Activity Room (Public Facilities Naming No. 2009-O1). BOARD OF RECREATION AND PARKS ACTION On October 28, 2009, the Board of Recreation and Parks unanimously approved Public Facilities Naming No. 2009-01 by a vote of 7:0 (one absence) to name a room within the TeenSpace area of the Santa Ana Main Public Library the Estella R. Shulse Teen Activity Room. PLANNING COMMISSION ACTION On November 9, 2009, the Planning Commission approved Public Facilities Naming No. 2009-O1 to name a room within the TeenSpace area of the Santa Ana Main Public Library the Estella R. Shulse Teen Activity Room by a vote of 5:0 (Betancourt absent). The Planning Commission made no changes to the name change identified in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J Trevino Gerardo Mouet Executive Director Executive Dire for Planning & Building Agency Parks, Rec. & omm. Svcs. Agency VF:rb of/reports/pfn09-01 Estella R. Shulse.cc 39A-1 39A-2 REQUEST FOR Planning Commission Action ' i 3,~ Y ~Ml of PLANNING COMMISSION MEETING DATE: PLANNING COMMISSION SECRETARY NOVEMBER 9, 2009 APPROVED TITLE: ? As Recommended PUBLIC FACILITIES NAMING NO. 2009-01 ? As Amended TO NAME A ROOM WITHIN THE SANTA ANA MAIN ? Set Public Hearing For PUBLIC LIBRARY LOCATED AT 26 CIVIC CENTER DENIED PLAZA THE ESTELLA R. SHULSE TEEN ACTIVITY ? Applicant's Request ROOM ? Staff Recommendation CONTINUED TO Prepared by Vince Fregoso ~T Executive Director Planning Man er RECOMMENDED ACTION Approve Public Facilities Naming No. 2009-01 to name a room within the TeenSpace area of the Santa Ana Main Public Library the Estella R. Shulse Teen Activity Room. BOARD OF RECREATION AND PARKS ACTION On October 28, 2009, the Board of Recreation and Parks unanimously approved Public Facilities Naming No. 2009-01 by a vote of 7:0 (one absence) to name a room within the TeenSpace area of the Santa Ana Main Public Library the Estella R. Shulse Teen Activity Room. DISCUSSION In 2007, the Library Department accepted a bequest of $123,000 from the Estella R. Shulse Family Trust. Estella was an employee of the library for many years and continued to return as a volunteer and part-time employee after her retirement. Ms. Shulse had no family of her own, but was an enthusiastic and dedicated member of the library family. When Estella passed away, she left the bulk of her estate to the Santa Ana Public Library, her adoptive family, trusting that her bequest would be used to help the community. Her generous donation was used as the seed money necessary for the development of a long-needed Teen Area in the library. It provided approximately 55 percent of the funding required for the project, making possible the design and construction of the state-of-the-art TeenSpace area. The Library would like to honor the memory of Estella R. Shulse and recognize her generosity by naming the Teen Activity Room within the library TeenSpace in her honor. In addition, a plaque that reads, "In memory of Estella R. Shulse, longtime library employee and friend, whose EXHIBIT A 39A-3 Public Facilities Naming No. 2009-01 November 9, 2009 Page 2 generous bequest made this TeenSpace possible", will be displayed in a prominent place in the teen area. Sections 33-5 and 33-6 of the Municipal Code govern the naming of streets and public facilities, including parks and park playgrounds. The code includes guidelines for the naming of these facilities and identifies policy guidelines. In general, the naming of parks and public facilities should consider: 1. A name which serves to identify the location of the subject area. 2. A name which references the history of the site or area. 3. A name which identifies a person or family which made extraordinary donation of land or funds to promote the improvement of the public facility. 4. A name which recognizes a person or family who made a significant contribution to the well being of the city, including city council, commissioners, officers and employees of the city, but not anyone who currently holds such position. Analysis of the Issues Based on the guidelines established in the Municipal Code and in consideration of what would best identify the naming of facilities, the following analysis was considered for the suggested name. 1. Existing Name: • Currently no name has been approved for the TeenSpace area of the Main Library. 2. Proposed Name: • "Estella R. Shulse Teen Activity Room" recognizes a community resident who made a significant contribution towards the advancement and education of the youth in Santa Ana. • Estella R. Shulse was a long time employee and volunteer of the library who gave both her time and resources for the youth in the community. The funding she provided helped establish a much needed Teen Area within the library. 39A-4 Public Facilities Naming No. 2009-01 November 9, 2009 Page 3 Therefore, staff recommends that the Planning Commission approve the naming of the TeenSpace area within the Santa Ana Public Library as the Estella R. Shulse Teen Activity Room. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15061 (b)(3) under the General Rule Exemption. Environmental Review No. 2009-147 will be filed for this project. ~ ~7 Gerardo Mouet Vence Freg o, AICP Executive Director E Principal`Flanner Parks, Recreation & ~ommunity Services VF: jm of/reports/pfn09-Ol Es~ella R. Shulse.pc 39A-5 39A-6 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended ORDINANCE AMENDING SECTION ? As Amended sc 10 - 2 8 0 OF THE SANTA ANA ? Ordinance on 1 Reading ? Ordinance on 2"d Reading MUNICIPAL CODE RELATING TO ? Implementing Resolution FALSE ALARM PENALTY ASSESSMENTS ? Set Public Hearing For ~ CONTINUED TO L~`-..,~ _ _ FILE NUMBER ' CITY MANAGER RECOMMENDED ACTION Adopt an Ordinance amending Section 10-280 of the Santa Ana Municipal Code relating to False Alarm Penalty Assessments. DISCUSSION The current Section 10-280 of the Santa Ana Municipal Code does not reflect the false alarm billing time frame standard that is set fourth in the current Miscellaneous Fee Schedule, section 5, subsection 5520 set forth in Resolution No. 2009-030. The proposed changes would amend Section 10-280 (c) to reflect the current false alarm billing time frame and fee schedule. FISCAL IMPACT There is no fiscal impact associated with this action. Paul M. Walt Chief of Police Police Department 50A-1 50A-2 TLJ 11/9/09 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 10-280 OF THE SANTA ANA MUNICIPAL CODE RELATING TO FALSE ALARM PENALTY ASSESSMENTS 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. Santa Ana Municipal Code Section 10-280 provides for false alarm penalty assessments for the alarm system requirements within the City of Santa Ana, which are established under Article VI of the Santa Ana Municipal Code. 1. Currently, Santa Ana Municipal Code Section 10-280(c) does not reflect the false alarm billing time frame standard that is set forth per Resolution No. 2009-030, Miscellaneous Fee Schedule, section 5, subsection 5520. 2. It is necessary to correct this discrepancy by amending Section 10-280(c) to reflect the current false alarm billing time frame standard. B. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 10-280 of the Santa Ana Municipal Code is hereby amended, such that it reads as follows: Ordinance No. NS-XXX 50A-3 Page 1 of 3 Sec. 10-280. False alarm penalty assessment. (a) When any emergency alarms, messages, signals or notices are received by the police department showing that an alarm user has failed to meet any of the requirements of this article, the chief of police is authorized to demand that the user of that alarm system disconnect the system until it is made to comply with said requirements. (b) Except as otherwise provided in subsections (c) and (d) of this section, any person having an alarm system which results in a police response in which the alarm proves to be a false alarm shall pay a penalty assessment fee to the City of Santa Ana in such amount as shall be established by resolution of the city council. The penalty assessment for false alarms from alarms designed to be activated while the business is open and/or occupied and requiring activation by an employee, or a residential alarm designed to be activated by the tenant from within the residence, which indicate the commission of a crime defined by California Penal Code Section 211 (Robbery) may be higher than the penalty assessment for other false alarms. (c) Except for robbery and/or panic false alarms for commercial establishments, which shall be assessed a penalty on the first activation, penalty assessments shall only be made for false alarms which number: more than one (1) in a twelve (12) month period; ^r rr,nrc +h,n fie,n ~~ii+hin n~i nincfii iJ.~.i norinrl• nr mnrc ~h~n ~h roo /`2\ ~~ii~hin ~n~i nnc h~inrlrerl T.,ti,-rrr,--a,-rTrnr, ~--i This twelve (12) month period is determined by the date of the most recent false alarm. (1) On the sixth false alarm occurring within a twelve (12) month period, a written warning will be issued with an invoice stating that two or more false alarms within the twelve (12) month period will result in automatic non-response status. (2) On the eighth false alarm occurring within a twelve (12) month period, the location will automatically be placed on non-response status until all fees are paid and written proof of correction (alarm company work order) and a written request by the user requesting reinstatement is received by the City. (d) Commencing with the date of a new alarm installation and for six (6) months thereafter, there shall be no charge for the first through third false alarms. Section 17. 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. Ordinance No. NS-XXX Page 2 of 3 50A-4 ADOPTED this day of , 2009 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Teresa L. Judd Deputy 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-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 Ordinance No. NS-XXX 50A-5 Page 3 of 3 50A-6 REQUEST FOR COUNCIL ACTION ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED FY 2 0 0 9 EMERGENCY MANAGEMENT ? As Recommended PERFORMANCE GRANT ? As Amended ? Ordinance on 1S' Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO tr~~ C~"" FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution authorizing the City Manager and the Fire Chief to submit a grant application through the State of California for the U.S. Department of Homeland Security, 2009 Emergency Management Performance Grant Program. 2. Authorize the City Manager and Clerk of the Council to execute the attached sub-grantee agreement with Orange County Sheriff's Office in the amount of $25,140, subject to non-substantive changes approved by the City Manager and City Attorney. 3. Approve an Appropriation Adjustment recognizing the 2009 Emergency Management Performance Grant funds and appropriate the same into the 2009 Emergency Management Performance Grant expenditure account. DISCUSSION The State of California Office of Emergency Services is responsible for implementing the United States Department of Homeland Security's Emergency Management Performance Grant Program (EMPG) The funds cover salary costs for SAFD personnel attending various Operational Area Emergency Operation Center planning and training meetings, and miscellaneous equipment for the City's Emergency Operation Center. 55A-1 2009 Emergency Management Performance Grant December 7, 2009 Page 2 FISCAL IMPACT Approval of the appropriation adjustment will increase anticipated revenues in the Fire Department 2009 Federal Grant - Indirect revenue account by $25,140 (account no. 1461500252001) and increase the 2009 EMPG Grant, expenditure account by the same amount (account no. 14615362-various). APPROVED AS TO FUNDS AND ACCOUNTS: Marc Martin Francisco Gutierrez Fire Chief Executive Director Fire Department Finance & Management Services Agency 55A-2 jas:120109 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE FIRE CHIEF TO ACT ON BEHALF OF THE CITY TO OBTAIN 2009 EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDS THROUGH THE COUNTY OF ORANGE 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 State of California Office of Emergency Services is responsible for implementing the United States Department of Homeland Security, Emergency Management Performance Grant Program, which provides funds to build state and local emergency management capabilities. B. The County of Orange as a subrecipient of 2009 Emergency Management Performance Grant funds, will provide funds to local governments for implementation of countywide emergency management capabilities. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and/or the Fire Chief to execute for and on behalf of the City, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and subgranted through the State of California. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2009. Miguel A. Pulido Mayor 55A-3 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF PUBLICATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55A-4 ~k i I' ~ {I .~GRFE~IE\T TO "TR.~tiSFER Ft~~DS FOR 20!19 E:~IE;RGE\C1 ~1:~\:~GE~IE;\T PERFOR11:~1CE C;R.-~:'~~1' YRUGRA~I 1 THIS :At;RF E:~1E:A~C i~ cnttre;l u1t~~ this da~~ of ~>~:~_~'.~cr'ItI?~i ~.~hich date is enumerated r ~ ~ f.~r j~lll'.illjCl i~} 1~cfe','CI]~C ni}l~ itA' ;I 1d h:,'.ti.~l'l'n t~le ~ ~ ~ OF" OIL:1~Crf:. hl~hUCai ~uihiiA~1~IUn t+}~ { the State of Caliturnia. hereinafter ref~crred tc~ a:..(,Ot.~V`I'1'." and 1~;~ (~i:_ `;<~~r,.~ - a mcmicipal , ec~rporutioll, hercinattcr ret~I~-~d to as "SL~I3GR:~V"I-El~." 9 ~~'HEREaS. CO~'\ll', actin`a through its Sheriff-Coroner Department. hereinafter referred to U a~ SH I~KII-`F. in its capacity as the lead agenc~~ for the Operational :area. has applied tor. recei~ ed and ~ i I 1 u a :?~~dl"n<~r ~ OtfiCC of F.III~r,i;li~1 ~ acec} tcd ,llc f: ncr,,e.:~" . 1.~_Li~en.;,:., I'crf~nllancc Grallt fC3II1 the G ~ ~ .`cl 1~ IItt:ICIL~ll~ef r~il'I (c~i lv a~ ~IIIC ~~ral]I ~ ~'~'IiERE.~S. ~',,c }nl,~x~~e ci th,: grant is to support ~onlprel;ensi~e c;Inergenc~~ management at I i i.l~ ~i;i;~, II'?ha, all~i 1~`~.ii l~'~~_ ,EI:~: iii C1;Ci...r:1~.'_C 111C illlpil~`~ClIleni Uf m1I1_allUii. prcparcilnC~~, re~Dc~ll~e I, ~ ~I~iii]a 1C~~~'«I"~ ~a'~illlit[11~~ ;~.~i' dil I:,1/~iI'(2~_ 'd~ ~~I fi~["If1 In .'~ttcll"}?niePi E~C'-elt~ {(i~) 1~\Il'Ci i~l-;~'~rI'l~ CE ~cli"rE;I ',Cy, llIll~1 1~ :i'.tCt~l]~',l; llcr~I~! ;I:Li I:ILUI-pUI'aec1 hC'rCln 11~ Il'}l:I~l':ice.:. i~ \01~, II(E.fZE.}•t)RE.. Il I5 ~ICII At.l,l .~(~1ZI;E.D:~S EO1.1.(1~~5: i C'OL\Tl~ :hail tlallster t~~ SI,BGIZ~~~fEE ~zrant funds. in arrears. as nece~ar~ t~~ ~ . . ...!'~1.1~~ Jl_ i3~.tli. 1 t'.[. i.::e.i~~ ~1G('':e alis p1;1~1iiJJl~le, eS}?cliult.il~~ il~r l~~e '~ranl :111I~pUi~~. 111 ~?r~3CI' .C! t~~ ~~bt~~in ~aranl fund. S~ 13vK_1\ I'EE shall compl~~ «°ith the instruction; and submit tr SHERIFF ali ~ ~i reC~UlCeit 1nli!rlllati011 nd il~~~iIIP.CIIIaII~?iL :9~ ~l't ~OI'th III :~tla~li111~'Iit (3 11:~Ih(1 (~11:~ :~L)}111Cat1t~11) 111"l'tO. I «'111c11 l~ attic}ICej IICI'ttU alld lI1COT~C~rated here111 17~~ rCtCrenCe. 23 2. Throughout. their useful life, SUBGRAN`I'EE shall use grant prvpert~ and equipment ?-1 c>nl~~ fur ~,:r~u~t purpose, in ~acu~rdance ~~ith .-attachment hereto. Sl_;E3GR:~!~'1'EF shall exercise due care to presene and sai~e~a~tard ~arant propert~~ and eC{UI}ll1'.tllt frl)nI d;Im.I~e :~I' de~tl"Ui l.`Il al7il shall prc~clde rC:"Ular lllltlt;l~11.'s11~~ ,ll~.i~ ~U~h C~pall"~ f~'~I' ~?r~lnt 7 ' }~rol?cr'~ ;1nd c°l}Ulp;i'~~ti a~ ;Ire I:~ceti<~„r~~, lll i)rCler tl) keel? ia1Cl ~'T;11?t h:~~pZl't~~ and ~l~Ulplll~Ilt ~ontrn:aii~~ in food ~rorkil;~~ order. n . - _ Emr-e.r., . \Lm:,z°n~:am P.rt misrn. iirtm 1 ` 55A-5 I ~ i I I (f Tan! prupcrty~ or equlprnent becomes obsillctc. S~ E3G(Z.~'~"f~F:l: shall clispo~c ui~ it ~ rn1v in accordance u~itll the instructions i~f C'Ol.'V"r~" itr the a~~encv fhom vv~hieh COC\TY receiv~rd the _I 'rant funds. i iI~ i ~~-13(~lZ.~~ 1 ~11.~1. ~ufl,,,.. t. ]iii' i~iJl. ~ I ~ :111: ~ ..~..~p~~i IIl'? ii. "..111, ;ii?il ~ lIljl1ll11a(1(?n lii accltrdalli:~ A\Itll 1'ci~i111~cIllll'iIS >CI illlt in LhC :~llalhlll~itl ~ ~i:inCr~~%]1CV ~Iana,~Cllleni Ctt~.! 1 :nli'c' CE.aI., I ~i Il; tZc~;i - v,It:L. ~tlllCj: ,:1 ...;i11iC] t> I ISC~. :I: 1 1. ~ 1Ah1CI1 (1tiElched hl'1'cftt ;tnd ]ncilrphr~lte~l I1eCC111 hV' refereflce. i I ~ B~ ~x~cutin~~ this :~~~r~cn~ent. Sl: BGR:1tiTEE a~,rc~s t~~ c~~nlpl~ ~~ith and b~ i'ull~ I ~ rin;nd by thie A~~reement .md all appli~ahle ~rrn~isi<,ns of .attachments l3 .~I 1) tCr ;a - _ j IU ~ _a .~,::r~.,~~i hereto. SILiGR.aV~T'E,E; shall notit~v~ COL'\T~` imntediatel~ upon disa~v~erv~ that it has not I I ~ abided i~C llll Illli~er ~~111 abide bV~ an'~ ap})il~ahlL hI"ciA'1sli)I7 of t]il~ ;~~rec.llleIlt UI' ~lttdl:ilIlldlll~ 13. i) i~ ~ ~ i ? ~ hereto. l~ ~ I ~l:i3Gi~_~:~TEE and ~:iii.: i ;hall ilc subjc:~t t~] ~.~anllnat1c1I1 and ~luciit b~ the 5!u(t j I ~ ~ :~v:i~i1.C. LJ~I;I'I.li „ l;h 2;i}t'~[ It'~ il;I. ~uli~nt Iitid pc:I-l~~il iii 1110."~ „i'~ ,,t~l~ il:~al 113t~1I1C]'i: i ;t I, ~ i~. A~ IjLi{Z:~~ I i_~' a~~I~~.~ i~ti ii~ic°IllnllV', ilCicnil aili': ~:1\ t' ii;ll liil~~~ t Of ~ ' ~ :iilil tht" ~ ,1,cI1C_ aa... ~t:~l': L l?~ ~ ~ _i iUI:.I<, alid tltelI' cis, ed ,.Iid :Pp~~mtcil i~iilClal>_ i~ltlccC~. j I ~ a~~cnl~ atltj cln ilo~ ec'~ rI'i`Ill ;1??\ all]] all Clalms 'dnd losses ~1Ccrtlln~? i?i rC~llltlt?'_' an\" ;lnd all C(~nlI".1ClltCS. ~ i 1`f ~lih~i~nlfaclt~l'~. lal)ttl'~I'~. atlu all\ i~tlli;i" i7Cr~hn. IlI'm ill' cttl~l~)raIIC~11 Iill'lil~lllll~~ ~tI' U}?}'1VlIl'~ 1~t~I"k~. J ~U serv ices, u.aterials ~~r supplies in connection v~~ith SliBGR:~'~'1'1;E's performance of this :~~neement. ~ -_n~;ueiin" .~tta~hlnent; i3. C. hereto. at;ti icon] an~° and :1?1 cl,lims ;lnd 1<ls;es accruing ~tl~ resultin~_ t~l anv~ ,~r,on. firm. oI' rareoration ~~,~ho may' he injured ~?r dama~~ _ l ' , I ed b~ SUBGR_~\"I~EE in the perfurnlunce of this .~grcement, includin~~ .~ttaehments :1. B, C C) hereto. i(l. A~~ alteration ur v~irialiun <~fthc lends o#~this .<~~recnlent Shull be valid unlcs> made in 2> ~~~ritin~, and si~~ned bv~ dul~~ authorised r~pretientati~~es of the parties bereft], and no ~>ral und~rstandin~ or a~~r~~mc'I1l n~~t Iil~i)rhi?1";1lC~l hCI'~lil ~hafi I)l' 1llIltj]Il~~ 1117 ;~nV~ l?f lht (~~lrtll'~ h~I'~t~t. f 1 SL~f3GR:~V~hF:F Illav~ nut ~ls;i'an thi ;1~reement in ~~i:i_~le or in part ~l~ith~~ut the c~{~re,s 'a~littell consent i~t ~ OL:\T~'. i~;:v:, ~ Fcirr_;n.. \laaa_:n:rnt lzcnl+r:n~acc Gr.:nt f):, :~va_!~,t,.l-}{ranr(n:': ~~~un('. t'a<<~ . ?f -l 55A-6 1 I I or a p0i'li?d lit tllrCe ~c"rs ~litei• t1nal p~i~'Illelll hereLln~lct' UI' U17fII a1I Clallil~ 1'elatcd 10 1 ? this .-~'~rec:m~nt arc finall~~ settled. ~~hi~he~~cr i~ later. SI~BGR:A~"I~Ft~ ;I~~II1 },res~r~~c and m~Iintain sll ~ _ documents. papers anti records rele~~aut to the work pert~~rmed or prep<°rt~ or equipment aaluired in -s• ~ ~ !;l,li?~IanCe 1'• Itll :;115 : ~~Ii:CI,.L:ii. ~~.~U~iiP.~ . ~ti:l~Ililil;n[5 I3, L ~ :terclV. I .iA~ S,lia~' 1i131e ' i j period, BGR.a\TFI: ~h~Ill make .I'.d di~~runlents, papel-s :Ind records a~ ailable to C~O~ V~Tl' and the r, ~ ri`'1. l _.~T \ 1 \ :,I ,.illd' tI`C'.; .I.:I_ ...I?I'<<~:7; Ci: „pI~>CI'...11i`•:f•1, i~~i e~aminatiun. cupping. or mechanical rchr~~d'~.IC~ion on or oi'' !1~~ prtmi~e~ n(' `;L~I~C3R-\\Tl-E. up}~n i ~ request. during usual ~',•orking hours. 1?. St`I3GR:1''~•I'EE shall pro~.~ide ro Cnt`?~'TY all records and information I-cqucstcd b~~ lu C't~~V~I~1" ter inclusion in quarterly reports and such other reports or records as CUl_~A"I~~' may he I i l ~egli,rl'd t~'~ I1ro\Shc' io the al:CI1C:+ Irliiii `.~'hl;;h LUL'~ I1 re~Cl~ed Lrai]t tllild5 sir JII'~el' pClSOiis of I 1' ( a~,cn~Ie,. i I ~ ~ i-+. COQV_L~. nui~ tenninatc: this ;'',~,reement and be reiie~ed ~>t~ the; payment ot~ any ~ lY ~ ~ol3~i~ICr:iti~111 C~; JL I3C1It_•1~ IL's 1 X11 Jl. Ei'.ll<.-~~ l LL ldiii iii p~l'tor11? aav t1I Tile C~~V~1i:.1115 Contilnle~l ' I~ I~~ t{~.- :~Lr~Clh"',t. !?~~.~.IiI'.'~n +1 It,'?hl~ r,•-„i. i`I .~tt.?l~ll.1:'`tc I3. ~ ,.~I"et~:~, :1' tl•. ?I.'..~ ~ i I'~ Ii~'l' :i.<<::nel i?~IC1'.: h1-i)V-i~Icll, , Y i ~l_)i. ~ i ~l .~.~~C> IundillL' Ull~t~°I' ifa .~r;3ili. iii Tile ~ ~ e:a ~?I l.~ill"einall+'ll. - ~ U~ ~ i .;;t'~. ~r~tiec ~ • :fi] II1C `.AC~~ I > > 1„~~ ~ ~ I b..,.. _ Ir,;inner ~iccnlc~. p,, I. cr C UL V~I 1 ~ ~ l SIBGR.~tiTFF. anci its a~~ents and cmplovees shall act in an independent capacit~~ in the ~ ~ ! t~ hl'TIo;11I~in~~ ~~1 tllls :~Lrl;l:nleni. 1tl~lilUllt~' :~i11J1i111::1115 l _ iJ Ili?'Ctv. and ShI11I n~~i ~t i ~ _'U considered ofticcrs. agents or emplo~~ees of CUC\~"1'Y or SHf:KIi~F ur of the a~~enc~ from ~',~hich C~C)l~\I-l~ rc;ci~~c~l _r~Int ;~uncis. I I I ii r r, I \ cl~:•~ - Ft~iereen~'..A,anaiement Periomi2re Gr,:^,: 55A-7 I' ? I! 1 I~ IN ~i'IT?~ESS w'HEREOF, the parties have executes ti,.is Agreei:7ent in the. ('our.ty ~f Grange, 2 I I State of California. I _ :):'.I i-:L): _ :ti;;~;iy~ Ci,= C_!R:~\G~, poii:i su'~di~~ision of the State of California f E S!:ei^f` C'orianer s APPROVED AS TO FORM: 9 ~ ~ CGI.~TY" COT;tiSEI. IG j j ~ , ~ 1 ~ ! ! cl~ C-! ' n-~.-- i Aicoke A. Sims, Deputy j F- ~ ~ ~ATi~: ~ ~-i ,LGG ~ f , i I 1g i :ire chief, ~~7arc E. "7artin ! j - i ATT~ ST: ! i 21 Ci:y Clerk ~ 22 23 ~ DATED: ,2U0I 24 26 ?8 ~ I i EncrgrncyV,snagcr..r,~ Prbr~•anec Grr. t gage 4 of '2 Depa~t;ncnt u: iorneland Seccr;;~ PB~C + of ~ ' 55A-8 2009 EMERGENCY MANAGEMEN"t PERFORMANCE GRANT FUNDING ALLOCATION Funding allocation is bated upon the population figures from the l alifbmia i~epartment of F'inancx. Januan ?009 Cities end Counties Rankin b~ Sizc. tiumeric and Perccntagc Change. Sacramento. Ca(itomia '~1a. ?IH)4. '~t )~I~F: I~hc~: tlu~din~ allocations arc suhj~~ to change bax;d upim the number of cities which apph~ and complete the activities :~nx;d to an the Application Forrn. Funds aJlowtcd to rides which do not appl} or do not complete all the ~r~d to activities will tx^ reallocated anumgst grrun participants. Oran =e County Operational Area Allocation $ 446.880 Oran~~e County O eratianal ,Area I:mertency Management S '_2 3.440 Legislative and Grant Tracking (OA Executive Board a roved) $ 10.000 Estimated distribution to Cities (based upon all cities artici atin ) $ 213,440 Total Population ORAIrGE COUNTY CIT[E:S :~s of r-t-09 Percent Proposed :1lbcation 1 ALISO V1EJ0 45,683 LS% S 3,229 2 ANAHEIM 348,467 1 LS% S 24,b32 3 BRE.A 40,176 1.3°~o S 2,840 4 BIJENA PARK 83,385 2.8% S 5,894 5 COSTA MESA 116,479 3.9% S 8,233 6 CYPRESS 49,647 1.6% S 3,509 7 DANA POINT 37,082 1.2% S 2,621 8 FOI,IN"i'A[N VALLEY 58,309 1.9% S 4,122 9 FL''LLERTON 137,624 4.6% $ 9,728 10 GARDEN GROVE 174,715 5.8% S 12,350 1 I HUNTINGTON BEACH 202,480 6.7% S 14,313 12 [RV[NE 212,793 15,042 13 LAGI?NA BEACH 62,822 1 4,441 14 LAGUNA HILLS 6,205 0.5% 1,145 15 LAGUN.A NIGUEL ,208 1,782 16 LAGIJNA Vb'OODS 34 1.1°ro 2,363 17 I_,A HABRA OI 2.2% 4,750 18 LAKE FOREST 7 0.6% S 1,306 19 L.A PALMA 2.6°,/o S 5.538 20 LOS ALAMITOS 12,217 0.4% S 864 21 MISSION VIEJO 100,242 3.3% S 7,086 22 NEWPORT BEAC 86,252 2.9% S 6,097 23 ORANGE 141,634 4.7% S 10,012 24 PLAC'ENTIA 51,932 1.7°,/0 $ 3,671 25 RANCHO S.ANT.A MARGARITA 49,704 1.6% S 3,513 26 SAN C'LEMENTE 68,316 2.3°ro S 4.829 SAN Jt!AN CAPISTR,ANO 36,870 1.2% S 2,606 28 SANTA ANA 355,662 l 1.8°~o S X5.140 29 SEAL. BEACH 25,913 0.9% S1,832 30 STANTON 39,480 1.3% S 2,791 31 Tl';S~I'I'.`' 74,825 2.5°io S 5,289 32 VILLA PARK 6,276 0?% S 444 3 ~ WESTMINSTER 93,284 3.1°.b $ 6,594 34 YORBA LINDA 68,399 2.3% S 4,83$ Total for Orange Counh~: 3,019,537 100.0% $ 213,440 CFDA 97.042 emergency Management Performance Grant Qepartment of Homeland Security 55A-9 SHERIFF-CORONER DEPARTMENT SANDRA HUTCHENS COUNTY OF ORANGE SHERIFF-CORONER CALIFORNIA UNDERSHERIFF JOHN L. SCOTT HOMELAND SECURITY DIVISION EXECUTIVE COMMAND 264a SANTIAGO CANYON RD JACK ANDERSON SILVERADO CA 92676-9791 JOHN B. DAVIS 17,a> sal-7ooo September 3, 2009 RICK DOSTAL MICHAEL R. HILLMANN MIKE JAMES Dear Sir or Madame: ~fhe Orange County Sheriff-Coroner Department (Sheriffs Department), acting on behalf of the Orange County Operational Area, has received authorization to begin spending of FY09 L'mergency Management Performance Grant ("F.MPG") fiends. "fhe CD provided today contains the following docwnents: - City Application Form - I~ransfer Agreement - Draft City Allocations - City Claim Fonn - County Program Narrative - State Grant Guidance - Grant Assurances - Federal Grant Guidance Please complete the following steps: l . Notify Michelle Anderson if your agency does or does not intend to apply. - 2. Complete the City Application Form. o Have the .Authorized Agent sign the application cover sheet (page 1). o Have the City Manager sign the application form (page 2). o Complete the Project Goals and Objectives, aligning your goals to those of the Uperational Area. o Complete the Budget Sheet. o Include a completed Governing Bod}' resolution (sample format provided). 3. Grant :lssurances: Have your Authorized Agent sign tour originals of the Grant Assurances. i 4. Agrecrnent to "1"ransfer Funds for 2009 Emergency Management Performance Grant: Complete four originals of the transfer agreement. o Fill in the blanks on page 1. o F{aye page four of each agreement signed by }'our Authorized Agent and signed%sealed by the City Clerk. o Do not complete any of the attachments included in the agreement; these are for reference only. Return the application, governing body resolution, and transfer agreements to Michelle Anderson by October 31, 2009. If you have any questions or need additional information, please contact me at manderson u-ocsd.org or 714-628-71 ~8. Sincerely, ~4ichelle Anderson Grants Manager, Homeland Security Division Orange Count? Sheriffs Department PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOW/NG CITIES AND AGENCIES: ~ ALISO VIEJO DANA POINT . LACUNA HILLS • LACUNA NIGUEL • LACUNA WOODS • LAKE FOREST .MISSION VIEJO RANCHO SANTA MARGARITA .SAN CLEMENTE SAN JUAN CAPISTRANO STANTON VILLA PARK OC PARKS DANA POINT HARBOR .JOHN WAYNE AIRPORT OCTA SUPERIOR COURT 55A-10 GYd9 Emergency'_Vtanagement Performance Grant City Application Cover Sheet Applicant (City}: City of Santa Ana Authorized Agent Information: Contact Information: Fire Chief, 1'Iarc E. ~'Iartin Capt. Steve R. Snyder Namc of Authorized Agent Name of grant contact person 1439 S. Broadway Street _ _ _ ssnyder(dsanta-ana.org Ntailing Address Contact Email Address Santa Ana, Calif. 92707 714-323-4028 Cite. State. Zip Code Contact Phone Number Maximum EMPG Amount Authorized (from Allocation Shect} 2.140 "I•otal ,Amount Requested from Budget Worksheet 25.140 Application Checklist -All items hclo«~ must be attached to this coversheet ® EMPG :application Form ®City Council Resolution ® Project Goals & Objectives ®Grant Assurances ® Budget Sheet (~Of50 Match) Statement of Certification -City Authorized Agent B}~ si~nitr~ helolt~, I her-ehy cer•ti/y that I unr the duly appointed Atrthori~ed AgerTt crud hai•e the authority to upph° for• the 1~•~' 2009 Homeland Security Grunt Progr•um, and the City's application represents the needs for the F.•nrerKenc.~ .Llunu etrter~t Per orrrrarrce Grur7t. K ~ Marc E. 'Martin Signature of Authorized Agent Printed Name Fire Chief 10/26/09 I~itle Date Emergency Management Performance Grant Application Form For the Period July 1, 2009 through June 30, 2010 55A-11 Federal Fiscal Year 2009 It is hereby agreed that the City of Santa Ana shall meet the following requirements to receive an Emergency Management Performance Grant for the Federal Fiscal Year 2009: To receive 100% of your city's allocated funds you must complete all of the items below. Completion of individual items below qualifies the city to 33.3% grant funding. 1. A city representative will attend at least half of the OCEMO meetings conducted during the grant performance period. 2. The city will participate in the Operational Area (OA) functional exercise, drill or OA Emergency Operations Center (EOC) activation during the award performance period by: ® Activating their City EOC. ® Providing staff to support the OA EOC. ® Providing staff to another City's EOC. Note: If no OA Exercise/drill is conducted then the City will automatically be eligible for this portion of funding. 3. A city representative will participate in one of the OCEMO subcommittees as chair, co-chair or active member. Note: The City will receive a per capita allocation of the total funds available to cities, dependent upon the number of cities that are participating in the EMPG funding program. The city will complete the Orange County Operational Area EMPG Activities Certification Form which must be attested to by the City Manager or designee. City Manager Signature: Date: 2009 EMPG Project Goals & Objectives Applicant Name: City of Santa Ana Operational Area Goals: I 55A-12 • Promote Continuous Improvement: Implement after action report recommendations. lessons learned, and oversight committee recommendations. Utilize the lessons learned from previous exercises. emergencies, disasters, and oversight reports to develop strategies to improve operational effectiveness. • Support and Train Personnel for the Deeds of Operational Demands: Provide core competency support and ensure staff is well trained, their professional gro~~rth is fostered, and have the support/tools they need to complete their work. • Enhance Communications Capabilities: Explore, develop, and enhance Internet~Intranet capabilities, and enhance the Operational Area Radio System to support core technology functions. • Integrate Critical Federal Initiatives: Promote National Incident Management System (NIMS) and National Response Frame~~~ork (NRF) compliance. Maximize federal resources through planning and coordination. y • Promote Technical Resources in Emergency Management: Integrate technical capabilities in all elements of emergency management. Promote coordination and collaboration with internal and external technical experts. • Expand Operational Readiness: Develop staffing plans for appropriate resources during operational events. Identify "core" business practices that must be maintained durin~~ an emergency deployment and the staffing levels necessary to meet these needs. Develop policies and procedures for shifting workloads for staff during deployment and upon return. Finalize implementation and rollout of the Operational Readiness "Team to facilitate efficient deployment of staff during emergencies and disasters including the credentialing of emergency responders to be utilized for Emergency Management Mutual Aid. • Enhance Information-sharing Capacity: Enhance capacity to share and disseminate information and programmatic guidance to all stakeholders. customers and emergency networks. 55A-13 Applicant Goals: Project #1 Goal Promote Continuous Improvements Objectives The city will attend all OA AAR's for exercises and emergency activations. Description: The city will implement corrective actions from the late spring 2009 H1N1 Pandemic and develop a Pandemic Plan. Performance Measures: Plan will be completed and approved by 01/01/10. Project #2 Goal Enhance Communication Capabilities Objectives Promote interoperability through amatuer radio communications. Description: The city will participate in the county wide RACES Win Link Project. Performance Measures: The Emergency Management 8~ Homeland Security Office and RACES will recieve, install all Win Link equipment, and integrate the system into EOC operations by 07/01/2010. Project #3 Goal Integrate Critical Federal Initiatives Objectives Ensure the city is in compliance with all National Incident Management System (NIMS} initiatives Description: The city will continue to promote the use of NIMS and ICS and will contintue to provide training to employees. The city will continue to use NIMS and ICS during field responses, and in the EOC. Performance Measures: A city representative will attend at least 50% of all OA NIMS sub-committee meetings and meet all NIMS requirements by deadline. The city will contintue to update the NIMCAST. 55A-14 Proiect #d Goal Promote Technical Resources in Emergency Management. Objectives WebEOC Description: The city will continue to intagrate WebEOC in the EOC and will continue to support the OA implementation. Performance Measures: A representitive will attend 50% of all WebEOC sub-commitee meetings and participate in the October 15. 2009 Great California Shakeout WebEOC Drill. Proiect #5 Goal Support and train personnel Objectives EOC and COOP Training Description: The city will continue to train staff in EOC operations. In addtion, we will train city staff on the implenation of the new COOP plan. Performance Measures: Provide COOP training to city staff by 07/01/2010. Provide EOC section specific training by 07/01 /2010. 55A-15 Emergency Management Performance Grant Budget Sheet For the Period July 1, 2009 through June 30, 2010 Federal Fiscal Year 2009 Eligible cost categories are as follows: CATEGORY DESCRIPTIQN - 'Personal Ser<•ices~ includes salary, overtime, compensating time off and associated; frtngc benefits. Travel ,Recipients must follow their o~~n established travel policy. If they have no established policy, they must follow the state's travel polic~.~ This is defined as property having a useful life of more than one year and an acquisition cost of $x,000 or more per unit. Equipment must i Equipment 'be on the Authorized Equipment List (AEL) found on the Responder ~'nowled~~e Base (RKB) ~aebsite (www.rkb.us). Operating expenses his includes all items not defined as equipment such as printing, ostage, communications, data processing, etc. Contractors: consultants rl'his includes funds allocated for contractual agreements. C Budgeted E:VIPG Funds CATEGORI' City's Budgeted Total Cost to be Requested R ~ ~ _(not to c~cud ~L)°~~~ of the C u~'~ totall j _ . 1'erson~~el $ ] 02,000 $ ~ 1.000 Equipment $ 2,000 $ 12.00 i Operating $ 10,000 S j 000 $ $ $ ' $ BUDGET TOTALS $ 137.000 ~ $ 68 X00 i 55A-16 Governing Body Resolution f31: (T I2L'.SOI. ! 'ED B THE iGmcruin Bad~l OF TILE TI~1.~ T (Name of Applicant (Name of lltle of Authorized Agent) . C)R _ (Name oC Title of Authorized AaenU iVamc of ride of Authorir_cd agent) is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of California, am' actions necessan for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and subgranted through the State of California. Passed and appro~ ed this day of . ?0 Certification l• ,duly appointed and (Name! _ of the _ (E"idet (Go~ernins Body 1 do herehv certify that the above is a true and correct copy of a resolution passed and approved by the of the on the ±Gurern m2 E3od~ ? t Name of Applicant t day of . ~p ii )tlictal Yosmonl (Si~~naturel (Date} 55A-17 PROGRAM NARRATIVE a•~r~rseor~o~ - - rnss~~r ¦ The Orange County Operational Area (OA) seeks to integrate the Secretary's Emphasis Areas identified by the State of California F,mergency Management Agency into its goals and objectives for the period. These areas include: • Information'~4anagement "Technology and Process: The OA is committed to constantly improving emergency information management systems (technology and processes). (See Goals 1.4, 2.1, 2.13, and 3.4) • lmcrgency Responder Credentialing Program: The Operational Area is in the preliminary stages of credentialing emergency responders to be utilized in the Statewide Emergency Management Mutual Aid system. (See 2.24) • Alert & Warning: "I'he OA coordinates an alert and warning system, A1crtOC, on behalf of regional jurisdictions. (See 2.24) • Special Needs: The OA is conducting an angoing analysis of and planning for evacuation and sheltering needs of the OA's special needs population. A scaping survey was distributed to regional stakeholders in March 2009. During the period of performance further planning around the evacuation and transportation of special needs population will be conducted. • Mass Evacuation: Mass evacuation planning and capabilities are an integral part of the OA's emergency plans. As part of the ongoing process of updating existing plans, mass evacuation considerations will be updated as needed. • Care and Sheltering: The OA has a robust Shelter Committee that meets monthly to provide training and information in regards to care and sheltering operations. A tabletop exercise was conducted in February 2009 to provide a forum in which lessons learned from this exercise and real incidents to enhance existing care and shelter plans. • Planning: The UA has an Emergency Operations Plan working group which provides an open forum for reviewing and revising each others' jurisdiction Emergency Operations Plans. These plans are them submitted to CaIEMA for review. • Exercises: "I'he OA has developed and maintains a live-year exercise plan, which includes exercises ranging from tabletops to full-scale, county-wide to single agency. (See 1.9) • Regional Catastrophic Planning: The OA collaborates with jurisdictions both within Orange County and throughout the regional area. Catastrophic event planning, including equipment and communications planning, includes neighboring jurisdictions and federal, state, and private entities. • COOP and COG Planning: "l~he OA routinely updates its plan to reflect current practices and improvements identified through exercises, training, and activations. (See 1.4, 2?4) "The Urange County Uperational Area goals and objectives funded through. the FY 2009 Emergency 'Management Performance Grant are specifically to: - ~ GOALI 4CTIVITY ~ TASK(S) TO BE COMPLETED ~ __OBJECTIVE j 55A-18 GOALI ~ACT)<VITY TASK(S) TO BE COMPLETED OBJECTIVE ~ _ 1.4. Promote Implement after action report Review and implement the findings and Continuous .recommendations. lessons learned, recommended corrections from the Improvement and oversight committee After Action Reports for the Operational recommendations. Utilize the lessons 1 Area Exercise Golden Guardian 2008 learned From previous exercises, !and the Freeway Complex Fire. emergencies, disasters. and oversight reports to develop strategics to ' improve operational effectiveness. 1.9. Support and Provide core competency support iJpdate and attend existing training that Train Personnel and ensure staff is well trained, their is provided to the Operational Area. for the ?deeds of professional growth is fostered, and Operational have the support/tools they need to Demands _ complete their wwork. 2.1. Enhance I Explore, develop, and enhance Participate in the Communications Sub- ; Communications Internet%Inteaet capabilities. and Committee to assist with the expansion Capabilities enhance the Operational Area Radio of the Operational Area Radio System. I System to support core technology ~ functions. 2.12. Integrate Promote rational Incident ~ Develop and revise plans and Critical i~ederal .Management System (N[MS) and ,procedures to be National Incident ' Initiatives ~ rational Response Framework Management System (rIMS) (NRF) compliance. Maximize I compliant. Integrate the rational federal resources through planning ,Response Framework (?vRF') into these and coordination. ~ plans and procedures. Attend and artici ate in the rIMS Sub-Committee. 2.13. Promote Integrate technical capabilities in all Participate in the Vi%ebEOC User Group i, Technical elements of emergency management. to develop user training and enhance the Resources in Promote coordination and system for the end users. Emergency collaboration with internal and ~ Management ~ external technical experts. 2.24. Expand r Develop staffing plans for j Participate in the Help Us Help You ~I Operational ,appropriate resources during Group. This group ~~~ill work on Readiness ;operational events. Identify `'core" !revising the Jurisdictional Information , ' business practices that must be ~ System Forms, develop an activation maintained during an emergency ;guide. continue AIertOC training, and deployment and the staffing levels ~ help enhance the Operational Area necessary to meet these needs. Vl-'ebsite. Attend and participate in Develop policies and procedures for Orange County Emergency shifting workloads for staff during Management Organization (OCEMO) deployment and upon return. and the Sub-Committees. Conduct and Finalize implementation and rollout participate in the Operational Area of the Operational Readiness "Team Exercise. ~ to facilitate efficient deployment of ' staff during emergencies and disasters including the credentialing of emergency responders to he utilized for Emergency Mana ement ' 55A-19 GOAL/ ACTIVITY ! TASK(S) TO BE COMPLETED OBJECTIVE _Y._ ~ Mutual Aid. _ 3.-1. Enhance l~nhance capacity to share and' _ Participate in the VVebEOC User Group. Information- disseminate information and ;Help develop a Standard Operating sharing Capacit}~ .programmatic guidance to all a Procedure for WebEOC, training and stakeholders. customers and system development. emer encv networks. 2.10 Special The OA is conducting an ongoing ,These activities are supported through Needs analysis of and planning for funding from other sources. In evacuation and sheltering needs of consideration of funding source, tasks the OA's special needs population. associated with this activity are not A scoping survey was distributed to included in this grant application. regional stakeholders in March 2009. During the period of performance further planning around the evacuation and transportation of special needs population will be t conducted. 2.10 Mass Mass evacuation planning and ,These activities are supported through Evacuation capabilities are an integral part of the funding from other sources. In OA's emergency plans. As .part of ,consideration of funding source,. tasks the ongoing process of updating associated with this activity are not. existing plans, mass evacuation included in this grant application. considerations will be updated as needed. 2.10 Caze and The OA has a robust Shelter These activities are supported through Sheltering .Committee that meets monthly to funding.. from other sources. In provide training and information. in consideration of funding source, tasks regards to care and sheltering associated with this activity are not operations. A tabletop exercise was included in this grant application. conducted %n February 2009 to provide a forum in which lessons learned from this exercise and real incidents to enhance existing care and shelter Tans. 2.10 Planning The OA has an Emergency These activities are supported through Operations Plan working group funding from other sources. In which provides an open forum for consideration of funding source, tasks reviewing and revising each others:' associated .with this activity are not .jurisdiction Emergency Operations included in this grant application. Plans. These plans are them submitted to Ca1EMA for review. 2.10 Regional The OA collaborates with These activities are. supported through Catastrophic jurisdictions both within Orange funding from other sources. In Planning County and throughout the regional consideration of funding source, tasks ,.area. ,~azastropluc:event pla~ng, aassoc~ted with this~ecrivity are noi. . including equipment and included in this grant application. ' communications tannin ,includes 55A-20 w GOAL! ~ ACTIVITY TASKS} TO BE COMPLETED OBJECTIVE _ neighboring jurisdictions and federal, state, and rivate entities. t..~ . 3. 6 ~ The applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, I~~ guidelines, and requirements, including OMB Circulars A-87, A-102, A-133; Executive Order 12372 (intergovernmental review of federal programs); and 44 C.F.R. pt.13 (administrative requirements for grants and cooperative agreements). The applicant also specifically assures and certifies that: i . E Ias the legal authority to apply for Federal assistance, and the institutional. managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. «'ill give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with ~~enerally accepted accounting standards or agency directives. 3. Vv'ill establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Vl~'ill initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. ill comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C.~~'~ 4728-4763) relating to prescribed standards for merit systems far programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration C.F.R. 900, Subpart F). 6. will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 t1.S.C. 1681-1683. and 168-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973. as amended (29 U.S.C. ~ 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-25~), as amended. relating to nondiscrimination on the basis ofdrug abuse: (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 9l -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) X23 and X27 of the Public I Icalth Service Act of~ 1912 (42 U.S.C. 290 dd-3 and 290 ee-3 as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 55A-21 U.S.C. ~ 3601 et seq.), as amended. relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under ~~hich application for federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. ~~'ill comply, or has already complied, w ith the requirements of Titles II and 111 of the Uniform Relocation Assistance and Real Property .Acquisition Policies Act of 1970 (P.L. 91-646) ~yhich provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with the provisions of the l latch Act 1J.S.C. 1501-1 X08 and 7324-7328) ~~hich limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. l~'ill comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a to 276a7j, the Copeland :pct (4U U.S.C.~~' 276c and 18 U.S.C.. tiff 874), and the Contract Vl'ork Hours and Safety Standards :'let (40 [;.S.C. 327-33.3). regarding labor standards for federally assisted construction suba~:reements. 10. hl%ill comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is S 10,000 or more. 1 1. Vb'ill comply with environmental standards ~r•hich may be prescribed pursuant to the following: (a} institution of environmental quality control measures under the National Environmental Policy Act of l 969 (P.I.. 91-190) and Executive Urder (EO) 11 ~ 14; (b) notification of violating facilities pursuant to EO 1 1738; (c) protection of wetlands pursuant to EO 11990: ("d) evaluation of flood hazards in floodplains in accordance ~yith LO 11988; (e)assurance of project consistency ~yith the approved State management program developed under the Coastal Zone Management Act of ] 972 (16 U.S.C. 145 ] et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. ~ 7401 et seq.): (g) protection of~underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (hj protection of endangered species under the Endangered Species Act of 1973, as amended. (P.L. 93-205). ] 2. Will comply ~yith the V~'ild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. l~'ill assist the a~i~arding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO l I~93 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-I et sey.}. 14. V4 ill comply with P.L. 93-348 regarding the protection of human subjects im-olved in research, development, and related activities supported by this award of assistance. 15. Till amply ~yith the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 L-.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 55A-22 16. V4'ill comply with the bead-Based Paint Poisoning Prevention Act (42 L`.S.C. 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. «'ill cause to be performed the required financial and compliance audits in accordance with the Single Audit :'1ct of 1984 or OMB Circular'~~o. A-1>>, Audits of Institutions of Higher Learnins and other Nort- protit Institutions. 18. Will compl}- with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. CF,RT[FICATIONS Certification for Contracts. Grants, Loans and Cooperative Agreements "I~he undersigned certifies, to the best of his or her knowledge and belief, that: (I) \o 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 an agency, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection «ith the a~~arding of anv 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 an}~ Federal contract, grant. loan, or cooperative agreement. If an}• fund, 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. ,?rant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Forn~- LL.L. "Disclosure Form to Report I_obbvin~~," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subaw~ards at all tiers {including subcontracts, subgrants, and contracts under grants, loans. and cooperative agreements) and that all subrecipients shall certif}' and disclose accordingly. "Phis 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 h} section 132, title ~l. L.S. Code. Any person who fails to file the required certification shall he subject to a civil penalt}• of not less than $10.000 and not more than $100.000 for each such failure. Statement for Loan Guarantees and Loan Insurance 7~he undersigned states, to the best of his or her knowledge and belief: that: If any funds have been paid or will be paid to an}• 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 commitment providing for the United States to insure or guarantee a loan. the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed b}' section 13~~. title ~ 1. L.S. Code. An}~ person ~~~ho fails to file the required 55A-23 statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 55A-24 2. DEBAKMENT. SUSPENSION. AND OTHER RESPONSIBILITY MATTERS (DIRFCT RECIPIFNT) .As required by Executive Order 1249, Debarment and Suspension, and implemented at 44 CFR, Part 17: A. The applicant certifies that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency: (2) Have not within athree-year period preceding this application been convicted of or had a civil .judgment rendered against them f'or 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. theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property: (3) 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 (A)(2} of this certification: and (4) 1-lave not within athree-y-ear period preceding this application had one or more public transactions (Federal. State, or local) terminated for cause or default; and R. «'here the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. CEK'I"IFICAT~IONS REGARDING DRUG-FREF WORKPLACE REOUIREMENTS• "Phis certification commits the appltcant to compliance with the certification requirements under 44 CFR, Part 17 Gnvernmerrt- u~ide Requir•e»~rej7ts for Drub-Free Workplace (Gra~ats). A. The grantee certifies that it will or will continue to provide adrug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b} Establishing an ongoing drug-free awareness program to inform employees about- (1) 'l~he dangers of drug abuse in the workplace; {2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation. and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; {c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); 55A-25 (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee vvill- 1 Abide by the terms of the statement; and O (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(?) Crom an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice. including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f) "baking one of the following actions, within 30 calendar days of receiving notice under subparagraph {d)(2), with respect to anv employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisi`actorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) 'Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). 4. SVI~'EA1•FREE CUllE OF CONDUCT• a. All applicants contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the subgrant have been laundered or produced in whole or in pari by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The applicant further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at w~w.dir.ca.aov, and Public Contract Code Section 6108. b. The applicant agrees to cooperate fully in providing reasonable access to the applicant's records. documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a}. DO~IFSTIC 1'AR"I'NERS: For subgrants executed or amended after July- 1, 2004, the applicant may elect to offer domestic partner benefits to the applicant's employees in accordance with Public Contract Code section 55A-26 10295.3. However, the applicant cannot require an employee to cover the costs of providing any benefits which have otherwise been provided to all employees regardless of marital or domestic partner status. 55A-27 TERMS AND CONDITIONS The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Applicant needs to be aware of the following provisions regarding current or former state employees. If subgrantee has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current .Stute En7plovees (Public Cvntract Cvde ? 10410j: 1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2} No officer or employee shall contract on his or her owrn behalf as an independent contractor with any state agency to provide goods or services. Fv»ner State Enrployees (Public Cvntract Cvde 10~111~: 1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2) F'or the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in apolicy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If applicant violates any provisions of above paragraphs, such action by applicant shall render this Agreement void. (Pub. Contract Codc §10420) :Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code 510430 (e)) 2. LABOR CODE/WORKERS' COMPFNSATIOI~: Applicant needs to be aware ol~the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions, and applicant affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMI:RICAI~S W1~1'1i DISABILITIES AC'T: Applicant assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the AllA. (42 U.S.C. 12101 et seq.) 4. APPLICANT NAIyIL CIiAI~GE: An amendment is required to change the applicant's name as listed on this .Agreement. L'pon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 55A-28 RESOLLTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion. or ordinance of the local governing body which b} law has authority to enter into an agreement. authorizing execution of the agreement. 6. AIR OR WATER POLLUTION V[OLA1'ION: Under the State laws, the applicant shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district: (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or finally determined to be in violation of provisions of federal law relating to air or water pollution. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and applicant may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the applicant has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code X8350 et seq.) I. the official named below. CER"fIFY UNDER PF•.NALTY OF PERJURY that I am dulti~ authorized to legally bind the prospective jurisdiction to the assurances and certifications listed above. Jurisdiction (Prirrted) I t ~ Bye (A uthnr r ~ ed Sigrrattrre) i Printed :'Fame and I itle of Per:snn Signing ~ - ;l • r Duce Fxecrrred 's, ~ _ _ 55A-29 55A-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended PUBLIC HEARING - ZONING ORDINANCE ? As Amended AMENDMENT NO . 2 0 0 9 - 07 TO AMEND THE ? Ordinance on 15f Reading PROVISIONS OF CHAPTER 41 PERTAINING ? Ordinance on 2rd Reading ? Implementing Resolution TO WATER EFFICIENT LANDSCAPING AND ? Set Public Hearing For ADOPT NEW REGULATIONS FOR WATER EFFICIENT LANDSCAPING j l ? CONTINUED TO 1 ` ~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-07. PLANNING COMMISSION ACTION On November 9, 2009, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2009- 07 by a vote of 4:0 (Betancourt and Leo abstained) to amend the provisions of Chapter 41 pertaining to Water Efficient Landscaping and adopt new regulations for Water Efficient Landscaping (Exhibit A). The Planning Commission added a recommendation that includes a modification to the definition of "turf" to add synthetic turf. Further, the Planning Commission requested that staff develop guidelines for the selection and installation of synthetic turf and present the guidelines to the Commission for review. FISCAL IMPACT There is no fiscal impact associated with this action. `f-~ ~ Jay M. Trevino Executive Director Planning & Building Agency VF:rb of\reports\zoa09-7.cc 75A-1 75A-2 REQUEST FOR Planning Commission Action ,n,; PLANNING COMMISSION MEETING DATE: PLANNING COMMISSION SECRETARY NOVEMBER 9, 2009 APPROVED TITLE: ? As Recommended PUBLIC HEARING - ZONING ORDINANCE ? As Amended AMENDMENT NO. 2009-07 TO AMEND THE ? Set Public Hearing For PROVISIONS OF CHAPTER 41 PERTAINING DENIED TO WATER EFFICIENT LANDSCAPING AND ? Applicant's Request ADOPT NEW REGULATIONS FOR WATER ? Staff Recommendation EFFICIENT LANDSCAPING CONTINUED TO Vince Fregoso/ Prepared by Lucy Linnaus Executive Dir cto Planning Ma ger RECOMMENDED ACTION Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2009-07. DISCUSSION Request of Applicant The City of Santa Ana is requesting approval to amend various provisions of Chapter 41 of the Municipal Code pertaining to water efficient landscaping. Analysis of the issues In 1992, the State of California enacted the Water Conservation in Landscaping Act (AB 325), requiring the adoption of water efficient landscape ordinances by jurisdictions throughout the state. In response, the City adopted its own Water Efficient Landscape Standards ordinance in October 1993. In 2004, the State passed Assembly Bill 2717 establishing a Landscape Taskforce charged with formulating recommendations to improve irrigation efficiency in new and existing landscapes. The Task Force's final report contained recommendations to achieve greater landscape water use efficiency, which resulted in AB 1881. In 2006, Assembly Bill 1881 was passed, amending the Water Conservation i:~ Landscaping Act. The bill requires two new actions: 1) An update to the original (1992) Water Efficient Landscape Model Ordinance created by the California Department of Water Resources (DWR); and 2) An update by local jurisdictions of their local Landscape Ordinances by January 1, EXHIBIT A 75A-3 Zoning Ordinance Amendment No. 2009-07 November 9, 2009 Page 2 January 1, 2010 to be "at least as effective as" DWR's updated Model Ordinance. These new State requirements will necessitate amendments to the City's zoning ordinance. In response to the new water efficiency requirements, a stakeholder group was formed under the leadership of the Municipal Water District of Orange County (MWDOC) and the Orange County Division of the League of California Cities (the Division). The i stakeholder group included representatives from the county, cities, local water agencies, Building Industries Association (BIA), Orange County Fire Authority, irrigation consultants, landscape architects, and other green industry professionals. The goal of the group was to develop an Orange County Model Water Efficient Landscape Ordinance (OC Model) that, among other things, would meet the "at least as effective as" requirement. The new requirements include the following changes: 1. Reduces the irrigated area compliance threshold from one acre to 2,500 square feet for developer-installed projects, public agency projects, and private development projects requiring a building or landscape permit, plan check, or design review. 2. Now requires homeowner-provided or homeowner-hired projects exceeding 5,000 square feet of irrigated area to acquire a building or landscape permit, plan check, or design review. 3. Local ordinances must now be "at least as effective as" the State Model and documented "on the record." 4. Jurisdictions must now utilize evapo-transpiration based "Maximum Applied Water Allowance" (MAWA) rates of 0.7 instead of 1.0. The use of the new MAWA rate represents a 30o reduction in water allocation for new landscapes. 5. Water purveyors are now required to offer landscape surveys and/or incentive programs targeting landscape irrigation efficiency for new and existing landscapes. 6. Local ordinances must now address smaller landscaping projects including single-family residential projects. 7. Local jurisdictions must now regulate existing landscapes for water waste. 7 5A-4 Zoning Ordinance Amendment No. 2009-07 November 9, 2009 Page 3 The Orange County Model is helpful in that it identifies how local agencies will meet targets and creates an ordinance that is "at least as effective" as the State Model. Further, the OC Model separates the "what" from the "how," by creating clear requirements. Modifications to various sections of the existing code, as well an adoption of an updated City Water Efficient Landscape Ordinance, are proposed. The City's existing Water Efficient Landscape Ordinance has been proactive in encouraging water conservation. For example, although State law exempted projects less than an acre in size from submitting a landscape plan, the City requirement has been to require landscape plans for projects greater than 15,000 square feet in size. Further, jurisdictions must now utilize evapo-transpiration based "Maximum Applied Water Allowance" (MAWA) rates of 0.7 (formerly 1.0), while the existing City ordinance utilized a rate of 0.8. This results in the need to reduce landscape water use by only 10 percent instead of 30 percent under the new State ordinance. Additionally, while a major component of the OC Model Ordinance includes a self-certification process by a licensed landscape professional to certify that the landscape design and installation is in conformance with the City ordinance and standards, the City has allowed self-certification since 1993. Finally, while the new State ordinance now requires water audits, the current City ordinance has required audits on an as-needed basis. Outlined below in Table 1 are the major changes to the current City ordinance: Table 1 Proposed Changes to Zoning Code Residential zones (R1, R2, R3, Add language to provide automatic townhome) irrigation systems, dry climate landscaping and low gallon sprinklers. Professional zone Add language to require landscape plan, provide automatic irrigations systems, dry climate landscaping and low gallon sprinklers. Commercial (C1, CSM) zones Add language to provide automatic irrigation systems, dry climate landscaping and low gallon sprinklers. Commercial Residential (CR) zone Add language to require landscape plan, provide automatic irrigation systems, dry climate landscaping and low gallon sprinklers. 75A-5 Zoning Ordinance Amendment No. 2009-07 November 9, 2009 Page 4 Industrial (Ml) zone Delete language pertaining to submittal of plot plan as it duplicates existing language requiring landscape plan. Mobile Homes Add language to require landscape plan, provide automatic irrigation systems, dry climate landscaping and I low gallon sprinklers. Water Efficient Landscape Delete section and replace with new Standards ordinance. The existing City Landscape Ordinance contains several provisions that address the use of water reducing landscaping such as drought tolerant plant materials and other appropriate dry landscape options and is silent on the use of synthetic turf. The proposed ordinance will further reduce the demand for water through the continued use of drought tolerant materials and efficient irrigation systems and will minimize the need to use synthetic turf as a water conservation option. The modifications to the City's Municipal Code and adoption of an updated Water Efficient landscape Ordinance will bring the City's laws into compliance with the recently adopted State ordinance. Further, it will assist in the water conservation efforts currently being implemented throughout the City. As a result, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2009-07. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15307. This Class 7 exemption is applicable to actions by regulatory agencies for the protection of natural resources such as water. Categorical Exemption Environmental Review No. 2009-170 will be filed for this project. Vince Freg so, CP Lu y L'nnaus, AIA Principal la er Senio Planner VF: of\reports\zoa09-~ oc 75A-6 Sections of Chapter 41 to be Amended Sec. 41-240. Landscaping standards in the Rl district. In the RI district, all yards shall be landscaped. Each residential unit shall meet the following minimum requirements: (a) Front yard: (1) One (1)twenty-four-inch box canopy tree. (2) All trees shall be double-staked. (3) Six (6) five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting. (4) Turf or acceptable dry climate ground cover: a. Turf shall be drought tolerant variety and planted as sod or hydroseed. b. Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material. (b) Side yard: Corner lots shall require one (1)fifteen-gallon size tree for every thirty (30) linear feet of property abutting a street, plus six (6) five-gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street oriented yards. (c) Project perimeter walls: (I) Flowering vines shall be secured to a decorative masonry wall or wood fence material. (2) The vines shall be five-gallon size and be planted at twenty-foot intervals. They shall be secured to the walls with eye hooks and wire. (3) Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. (d) Irrigation system: (1) All planting areas must be designed with an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards for each residential unit. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. (2) The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (3) All irrigation systems shall be equipped with a controller capable of dual or multiple station programming. (e) Screening: (1) All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the residential structure. (2) Any enclosed structure for utilities must not encroach into any required setback. (f) Maintenance: All plant material shall be maintained per section 41-609 of this chapter. f ~~A~e--~l S ~ , ,-~_-_-'mss-T~, 4-=- ~ (g) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. Sec. 41-256. Landscape standards for the R-2 district. In the R2 district, all yards shall be landscaped. Each residential unit shall meet the following minimum requirements: (a) Front yard: (1) One (1)twenty-four-inch box canopy tree. 75A-7 (2) All trees shall be double-staked. (3) One (1) tree species for up to five (5) dwelling units and an additional tree species for each increment of five (5) units. (4) Six (6) five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting. (5) Turf or acceptable dry climate ground cover: a. Turf shall be drought tolerant variety and planted as sod or hydroseed. b. Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material. (b) Side yard: Corner lots shall require one (1) fifteen-gallon size tree for every thirty (30) linear feet of property abutting a street plus six (6) five-gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street oriented yards. (c) Rear yard: A buffer shall be provided for privacy from adjoining property. A hedge or vines on a fence are satisfactory screens. (d) Project perimeter walls: (1) Flowering vines shall be secured to a decorative masonry wall or wood fence material. (2) The vines shall be five-gallon size and be planted at twenty-foot intervals. They shall be secured to the walls with eye hooks and wire. (3) Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. (e) Irrigation system: (1) All planting areas must be designed with an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards for each residential unit. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. (2) The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (3) All irrigation systems shall be equipped with a controller capable of dual or multiple station programming. (f) Screening: (1) All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the residential structure. (2) Any enclosed structure for utilities must not encroach into any required setback. (g) Maintenance: All plant material shall be maintained per section 41-609 of this chapter. {mod--Alegi-Ali-1-~3~8~~ 8~~r~le--~~ '"-~z8; ~-T-OT) (h) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. (Standards for R3) Sec.41-272.03. Landscaping. (a) All required ~~setback areas, required open spaces around the perimeter of buildings, and the required parking areas, unless specified in the provisions of this district, µle~~g e-~° ~ deg=~ePme~~ t"~~-a~~-a-sheet shall be completely landscaped, except for vehicular and pedestrian accessways. 75A-8 (b) Prior to the issuance of any building permit for the construction of amultiple-family dwelling development, the developer shall submit to the city, and the planning division shall approve, a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council. (c) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. (d) Procedures for the approval and amendment of landscaping plans shall be established by the planning division. (e) Vehicular parking may not be located within any required landscaped area. (f) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hadscape. (g) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. r~ i i '~~4 I~~ (Townhouse Standards) Sec. 41-288. Landscaping. All yards shall be landscaped. Each townhouse shall meet the following minimum landscaping standards: (a) Front yard: (1) One (1)twenty-four-inch box canopy tree. (2) All trees shall be double-staked. (3) Six (6) five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting. (4) Turf or acceptable dry climate ground cover: a. Turf shall be drought tolerant variety and planted as sod or hydroseed. b. Ground cover shall be well-rooted cuttings from flats and planted as appropriate spacing for that particular plant material. (5) Root barriers shall be required on all trees. (b) Side yard: Corner lots shall have one (1) fifteen-gallon size tree for every thirty (30) linear feet of property abutting a street plus six (6) five-gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street oriented yards. (c) Project perimeter walls: (1) Flowering vines shall be secured to a decorative masonry wall or wood fence material. (2) The vines shall be five-gallon size and be planted at twenty-foot intervals. They shall be secured to the walls with eye hooks and wire. (3) Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. (d) Irrigation system: (1) All planting areas must be designed with an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. 75A-9 (2) The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (3) All irrigation systems shall be equipped with a controller capable of dual or multiple station programming. (e) Screening: (1) All meters shall be appropriately screened from public view with trellis work and vines, a hedge type shrub or be incorporated into the residential structure. (2) Any enclosed structure for utilities must not encroach into the required setback. (f) Maintenance: All plant material shall be maintained per section 41-609 of the Santa Ana Municipal Code. rn,.,t t~r~ >\re ~ t t t ~ cn n tat ~ (g) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. (Standards for P) Sec. 41-316. Landscaped area. (a) Front. There shall be a landscaped front yard area of not less than fifteen (15) feet. (b) Side. There shall be a landscaped side yard area of not less than five (5) feet. On corner lots, the landscaped side yard shall not be less than fifteen (15) feet. (c) Rear. There shall be a landscaped rear yard area of not less than ten (10) feet if the lot abutting on the rear property line is a parcel used or zoned for residential purposes. There shall be a landscaped rear yard of not less than five (5) feet in all other cases. (d) Vehicular parking may not be located within any required landscaped area. (e) Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council. (f) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. (g) Procedures for the approval and amendment of landscaping plans shall be established by the planning division. (h) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape. (i) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. ~ict~rrrtii~'S. DTi-« ,,,.,,o,.;,,i „t,,,ir >,o ,;,toa r +t,o „ ni i~„a~,.~,..o ~.~,,,-i.,..,-~~ ~~„ae toc~ ~ a~~n tnn. n,.a t.T„ >\TC ncc ~ t ~ -tn gyn. n..a t.r„ >\rc t~~~ ~ ~ to ~ gyn. n,.a Sec. 41-372. Landscaping requirements in the C1 district. 75A-10 (a) A landscaped area not less than fifteen (15) feet wide shall be maintained along any property line to the extent it abuts a street, except at approved driveways. (b) A landscaped area not less than five (5) feet wide shall be maintained along any property line to the extent it serves to separate property zoned or used for residential purposes from any off-street parking area. (c) Vehicular parking may not be located within any required landscaped area. (d) Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council. (e) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. (f) Procedures for the approval and amendment of landscaping plans shall be established by the planning division. (g) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape. (h) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. (Standards for CR) Sec. 41-444. Site development standards. (i) Landscaping. (1) All required setback areas, required open spaces around the perimeter of buildings, and the required parking landscaped areas, unless otherwise specified in the provisions of this district, shall be landscaped and maintained according to approved plans. v°^~~~~°a '°^a°^°~~°~' • , +~=~~rin~~ „i, +~,e~i~e--e~p'~~t.~,.~ ~~,.,ii i.° ,;a°a ~ ~ ° ism .,°,.v;,,n ~E ~-t~e~ee~ ~°„i. ~,°a ~~,°~i i,° i°.,~+ ~ «t_f~r-Required setback areas abutting properties zoned for exclusively residential purposes shall be planted with gees-o-f=t~~.m~rz-~-~-~elest~e~s-~P°~one (1) tree to be provided for each fifteen (15) linear feet of abutment. (2) Landscaping shall consist of lawn, trees, shrubs, or other plant materials, and may include the following decorative elements where an integral part of a landscape scheme is comprised primarily of plant materials: (i) Fountains, ponds, sculptures and planters. (ii) Screen-type masonry walls forty-two (42) inches in height. (iii) Wrought iron or other types of open work metal fences, exclusive of chain link, provided that the component solid portions of a fence do not constitute more than twenty (20) per cent of the total surface area of its face. Such fences shall have a maximum of six (6) feet. (4) Vehicular parking may not be located within any required landscaped area. 75A-11 (5) Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council. (6) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. (7) Procedures for the approval and amendment of landscaping plans shall be established by the planning division. (8) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape. (9) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. (Standards for Ml) Sec. 41-477. Landscaping. Front yard: (a) One (1)twenty-four-inch box canopy tree shall be provided for each twenty-five (25) linear feet of front yard (exclusive of driveways). Such trees may be placed in clusters. (b) Six (6) five-gallon size shrubs shall be provided per twenty-five (25) linear feet of front yard (exclusive of driveways). As an alternative, the use of three (3) five-gallon size shrubs and ten (10) one-gallon shrubs is acceptable provided the plant material adds color and variety to the design. (c) The front yard shall be planted in turf or acceptable dry climate ground cover. A ground cover is required in shrub areas and as accents in small pockets. Redwood header boards or similar barriers shall be placed between turf and other plant materials. (d) Berms in the front yard having more than a 4:1 slope shall be planted in ground cover. Turf is not acceptable. (e) When parkway trees are required by the city, they shall be integrated with the onsite landscape plan to ensure proper spacing and species selection. (f) A minimum five-foot wide landscape strip shall be planted and maintained where the off- street parking area abuts any public street, except at approved driveways. Parking area: (g) In parking areas available to parking by the general public, a landscape planter shall be provided for every ten (10) parking spaces. Each planter shall have minimum dimensions of six (6) feet in width and eighteen (18) feet in length including concrete curbing. Each planter shall be bordered on two (2) sides minimum by parking area. The planter strips shall run parallel to the parking spaces and be consistently spaced throughout the parking area. Each planter shall require one (1)fifteen-gallon size tree, five (5) five-gallon shrubs plus ground cover. (h) In lots that are solely used by employees of the company, a landscape planter shall be provided for every five (5) consecutive parking spaces. Each planter shall have minimal dimension of four (4) feet by four (4) feet, including concrete curb. Each planter shall require one (1)fifteen-gallon size tree and a suitable ground cover or low growing shrubs. These planters may be located between parking spaces so as to maximize the amount of available space for 75A-12 parking. Planters may also be consistent with general parking landscape requirements. Each parking area shall be enclosed by perimeter planters abutting the lot or parking spaces, except for the driveways. (i) The choice of plant material shall be trees and/or shrubs, with a ground cover in keeping with the size and limitations of the area. Ground covers alone are not acceptable. A minimum of one (1) fifteen-gallon tree shall be provided for each ten (10) parking spaces, or portion thereof. (j) Parking areas shall be designed so that parked vehicles shall not encroach into landscape areas. Buffer: (k) A landscaped planter of a width not less than ten (10) feet is required along any interior lot line to the extent such lot line abuts any property which is neither zoned for industrial uses, nor indicated on the general plan of the city as planned for industrial purposes. General: !11 A ..l~,t r.l i~. ~g_~~oy~~ar~ rif__ .+11 1.~.. rl ~.yµ~i~ _~~u~ uiau ~F~ti' ~f rl' Tl.o .lo.,:~:..,.. ~,FrL,o ..1,,.,..;.,.. ~7;..;~:..,, ,Y, , l.o ~ v~l_ocLr„ *L.o ,..1.,,.«.:~~3}~1~SSi~6}~ (ml) A plant list shall be shown on the required plot plan to obtain a building permit for the building for which the parking area is provided. The list shall include the botanical and common names of the plant to be used, the sizes to be planted, and the quantity of each. The plants shall be listed alphabetically and assigned key numbers to be used in locating the plants on the plan. (nm) All required yards shall be landscaped and maintained at all times. (en) Redwood chips, decorative stone and other inorganic materials are not acceptable substitutes for ground cover or turf. (po) All trees in parking areas shall be placed in root barriers. (qp) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape. (rq) The landscaping shall be contained in planting areas that are enclosed by minimum six-inch high concrete curbs. (sr) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. (ts) Compliance with all provisions of this section shall be required except for minor modifications approved by the planning division. (mot) All appurtenances, such as transformers, backllow preventers, trash enclosures, signage, meters, and lights, shall be shown on landscape plans and screened with plant materials. ~r„ao 1oc~ ~ ~~~n ~Q~. n,.a 1.r„ T.TC ncc ~ 1 ~ ~n gyn. n,.,~ hr~ 1\TC 12n1 ~ ~ n c n,-,1 T~T,~ T~TC '17'7G R 1 ~ 1 7 1 4 ~G\ , (Standards for CSM) Sec. 41-528. Landscaping requirements. (a) When no building is present on the site, a minimum five (5) foot landscaped area along the front property line shall be required for any proposed development. 75A-13 (b) A landscaped area not less than five (5) feet wide shall be maintained along any property line to the extent it serves to separate property zoned or used for residential purposes from any off-street parking area. (c) Vehicular parking may not be located within any required landscaped area. (d) Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council. (e) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. (f) Procedures for the approval and amendment of landscaping plans shall be established by the planning division. (g) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape. (h) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. (~9~-~~Tfi ~4~n ~ ~ n ~ nm (Standards for Mobile homes) Sec. Landscaping. (a) A landscape plan shall be submitted to the planning department for approval. Said landscaping plan shall consist of the size, type and location of all trees, shrubs, and ground cover areas in the mobile home park site and shall include one tree per mobile home site and shall conforms to the requirements of this section and to standards for landscaping approved by the city council.. (b) A system of irrigation or sprinkling of landscaping shall be indicated on the plan. All landscaping shall be permanently maintained. (c) Vehicular parking may not be located within any required landscaped area. (d) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. (e) Procedures for the approval and amendment of landscaping plans shall be established by the planning division. (f) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape. (g) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. 75A-14 ARTICLE XVI. WATER EFFICIENT LANDSCAPE STANDARDS See:-#?;~ es T7.2~~~'j~VflY't1T"UI'CIGYt~~CV'-LiTCC~CCCl~~~"er-fi2~. Tii -vr[rrr~~~u ~v rll la. ° ° ° ° . n ~Ilcrce~-cc~i~iyJ~EE}='l(-'c~~~c~z~vrriir~ixcr~i~zPiiig~rcr-~.~'6'~b'7e~„,, ,7 6 7,, ~ , crcL~rcT •,-vr~mi+., n,-, l;ccrvr-ti'2l'-iiivci'°Ee•-F3~cCtT-ti'~cri° (`•ru 11° .,«+w.-, .,r ~Ti7.,+°,- D ° r,t tom, +t»+ _nsti in«a ~.r,. arc ~~n~ ~ t t n n 02l i.,l~ -rt,;~. ,,..+;,.t° ~t,,;tt ° .,t., ..,t,;,.t, t,.~„° t„+ ~ +t,°„ +t,,,,,~.~.,a it c nnm -Si-1}gtvr f 8r~-~. > See: 4-~ -I-59~. °-z~~~e~eet~e~ tit°„+..,.,*°«;°t~ mot,°tt .,..°°++t,° ~ tt,..,,:.,,... ~ n „ ions ..t°.,+ .,,°+°«:°t~ ; „ I11V JL JLi IL ° Tj~~ « +°r~ n~ ° °r.4 '~e.~0001~ t~.° rt t~4 4~t°«nr.+ tr, v.+c. I ~ a I'NT[-C[TVfSgT1T-CC~7G2iI7SC~7~7UI7CJ. tnr. It cl.n.-~° .~tnr•+:.~. rtn Se~4~ ~3-~~seleetle~ 75A-15 A 11 +„«F nn,l°..+;.,,,n nL.nll L,° rl«.,,,~.1,+ +~,1°«n„+ , <,~;+1, m m.ll D°,,,,..1°,J n,~.ln:m°.7 . .nr°,-; ~°.a F ~.n+;"w, <„1,°«° n n;lnl,l° /1,\ D,,.-r;,,,,n ln,,,7n,.n..,°.1 n ° „l,l;.. n,,,-1 ,n+° ,,,1,°«° +,,,-f'. .ra 'eC~~~iivrrrr cca-~e t~ ~-~e--~eiE~ie" ^ir-n--z-~v-~ Film-I" ~-n ~es~g~lR~e-t-kc~--a~ea~ ~e-k~-~tse~t~e>~e~~~ n+n+°m n °°a°a naa:+;,,,,n, ,n+°,. ni.,,.,° +1,° n nl rl;°,a ,n+°,. n;lnt,l° «a >vr„ i.rc i ~ t t~sJ :1 n+„ rc z~~, v ~~7 CTL7~T~~~`Ig"ri~0i~-S~~°c-rir~ti"xxcri~'v~rir~iE3~ic'a--'rl"-i-ucE6ruc~nc~~r rti-tl~~cti,,•ln«.7n ~ ,.+L, ~es~g~--a~c~--~~te~ke-~ig~t~e~r~}s~ei~-~-s~~l~--~~e~~e~~_*~~I.°, >,n«+ ln„an,.n..~, a°n:,,., «.t n., ; „«an.,n° n°„+;,,„ ^ t t cn~ r««; ,,n+;,,,, n .n+°mn rt,nll n ,.1.. , ,:+t, ~ 11,,,.,:„„ n+n„an«an. `v j i-rrr~,, , /1 \ 1~m;r+°« n,-,.7 L.,,L.L.1°« +,.s-l° n ,n+°mn 4L, n+ nl,nll r,~+ ° °.a .a 1, 1F/1 1 ~'7~ ,.nll~.r,n ~ a ~ I..rn rs a:cr ° c aaii~i"r 1,°n~ln Y ..+4. v,l; n+,n n+° n ° n<~+, n nti. ° )-.n « t° n)-,nll •l,° V1./l \ L.I IAIIJ YILII UI t. .,....lily L..II ~I ~ ~L.Iwlli .',ILIIITI cGZr-~rvTz'c°cC-$TIZLCrC[J000p~,. Fri-~-Bee~ v~e~i~g-~~e$-~~-ei~t~e~--e~~m~i~t-~e~~s~e~-~L~ « «°a ~ +«°°n ~e~eac~a~ 75A-16 ~~~~t~i-~esr.~e-Ee~e~s~t-iiig--beads ~e~~-a~~ ~a~e~El~s--~~~-a i° n,,:l tn~t,,..n n„a nt:,, n~~n .lo rlo.,;..o nl,nll l.v « roa f nll ~nt;,,>1 n ,nto„,n fo~~~~~a~e--~a~dsc-ale-~e~~ae~~e~z~t~e~-de~~~~s~ „~t~lloa ~ tl,o .ant:.,., n .nto„, „t F n ..lo F „,;1., n„.~l t..,., F „-,;1<, a..,oll:„~.n . eT1S X94, , 4-~} ~nto«oa ln,,.annn„o n«~.l,:tont ..F tL,n onto .,f' f'`n1;F ,.„;n l.ot,nl~ tt~` n„~ ~kZizce~' ;11 ,.t f1\ (~.~.-,~,-.,l n;to :„F ...v,nt:..„ ,.1,,.-1;,~,n „ „v«t.. 1;„nn nt«ont „ ont ...7 n,-l,l,.onn l 17 cic.rlL ~ , 1,,,;1.1;.,x, nt,~,,.,+,,,-o „,a o ;nt;„.. „nt„«nl font,,,.n~ Yic'F'voa:ci ~ " {-~--~a~c#se-a~e~~et~e-~cl~~lg-~e~,-won-~re~trfdES~e>=s, te~c~~arlt-ii3~;,„,>,~ ~t~ki~e-k~l~ee~-a~~ce~ , Eentai~e~-s~~ze;-s~aE~„~- n„,a „ .,t;t.. ..t, „in„t nl,nil l.v „n«t .,Frl,o ln.,a„,a nit a ,.1 n /mil !`nl.,,.lnt;,,,, 4'tl,o in„.an n „1„ nll n x.~l,n«.an o .,.1 tl, 1, ~V~ t. LI1V Ul(ACIVII VT i~rriiS~;th ,1 1. / t \ nt ~ 1 'tl, rl, i ~on~~crrca-c7=vircTr~-oi -riroi-°c-~ svrcrrcrn~csrrcc~c~s:- YV llll LIIG . , \ A o .nt:,.„ „t ntntn,,,n„t „ ,:.a:„„ tl.n ~ 11 F t' ~ i ~Y 1. A ..nln„lnr:..,,, x.~tho ,ti. „1:n,7 t 11 V. L 1 L-CC °~Trtl''[2--rf-A`d'z'ccc°c-roi-cai-i -=cuiv~cn ccrrc'nrci 75A-17 `~~e~~c-e-se-l~e ~n«a ~.r„ Talc 1~~ coo,.. >cnu, v~~„~aT~e~i.~~-c"~ ~;n~....,,..*, o~t~L,l;~1,or1 ln,,.a~n~,~,o n ,-.,,;,,n +L.o ln,,.a~nn~.o rlo~;..,, ..ln„ ~ n ,orl 1,., +L,o • ~l~la o~r~1,l;~1, ;+~ol~+l,„~~ ~ pn2l~. ,n+o« «o,,,,;«o,,,o.,+~ . ,:+1,:., n o 0 0 > > rL,o ln...,,l~nn„o n«nl.;+nn? ~L,nll nl~„ „rl n ~+n+a.,~o.,+ no«r:F .;.~.,t T,:~ l,o« .d:nnl,.~„«v „f uiv aw au.vvuYv uavuisvvc ozscix ar v o S}~E~-~E~~6~e~~A~eE~-AT~~e~-i~3~a°ciltci6•.• T„ o nL.~ii-crrrrcria"1 ,~f . n+o« vo.7 r.z,o..r', f;.,o MCl ,..o „f' +L,o l.,nnl nl o ,.;+n+;.,... /n.'e~g~~n:.-,~nc VlI V: V: V:U LVYr1SC -rr ~ ~~-.~q~.~{--~~7~„ tAY l+L. r o 1,., rL.o «ln...,.,„,. rl.... n..~..-. ~ ~ II II 7 ~r.n~ ~o~~ nn+: f'+L.o nn+ 1.., +1,.~ n;+.,'~ ln.~.llc. o ao nl,. + ;nom aau u ii a.~Y~.v a.aviz i~r (-~h`~-P~ ©~Zfi ~~~4~-1~-8-4-~-3-} (mil A l~nri~sn n+: ,a:+ 1. a 1•. +L, + a' rl,o ..,,L,l;n ..t.° .:~'.bu.,.,.. n~iarrTrmT°~r~CiTrccc->T.~cria~ccccrrc~vurcc~--cTr'1 oa L.., n ;pro«o,a «l~ o 1`~e~~+ 11~ +L,nr n,,,a'+ orl„ ,..1:,~,-1 n+v o r + +L. +l. u~ uuuis r,hrt 11 l,o ,1~, -:+}i tha-nriein~ll r1 + 1 +L. 1 + a J Y ~~ui ui~rr~ 1„nn+orl ~ ;1~ t-l~eafe~~~~e-wee-~e~ece-p;one-r~r=e~~s~~ve~~~e>=-ser~~~~~Ja~~~ t~rif`~ ~L,nll t,o «rlv o.7 „r•1 +t, o rl: on+ L. L. ~~~i^n„+ c:zG Y"•' r a ~YY J v~ 75A-18 i~-cJCt'lrrrrti-ti +L,o 4'„tl., +o ~ l,~ o tl,o f 11.. o .o ,~,o.,.,;,, ~ 'a`vc iia~uiiiiibo t . ,.,+v« ~ lo.,L:,,., .,,,t „F+L,o 1~,„0« olo,,.,+;.,,, 1, 0.,l1., ii =iv'-crc°cz~li~~'r°cc -ty~+rrl'r°cz'r'~'r'rgi'+;.,,~ ,~+o +L,o ~;~pe- ~el~l~-e->~1~te~~c~te~--~ea~--~a2~} ~e~~E~ ~~e~ Y:~:'~:~ Y~?'.;:~.~:: ~-E>~~9~~~~ktFet`HAS--c'~-~ei~c~~r'ir`cirE6ir 1 ~ .,~l,o .,4' ~6rr vi v c~~ " ~~e~te~r~E~e~-{&~~1--r~e>its--;:~-;^~oe~ce~e~t~-=~~.Y,,,.,, ,.l:v,~ ,~+o,. f~,.+,.« : X1.,,,1.,+0.1 F 11,,,,,x• ''~3-~-ga~ol~s~43~6G9~eet-~/~~£# ~c~-- ~~~v-~-~0~35~ o o ~ 43J~v-SE~#ure-~°c°+ ° ;dV4~ .,11,, 1„ 1,,,,,~i,•oa f ,-t,r~;Rht_ l2dQ1 !C'o l„ .,a«orl F o .,4,r Jed-~~t~e~~ee-~t~ao~~~-a-~ek~e-se~;x~~ ~+,.:1.,,+0 o rlo.,,-oo +,..,.~«rl +l,o . ,.,+v« „ o.a~ „f+t,o 1~,,.a~„~,~o 1;,,.,.;rt„« ,lo,.:,,v +L,.,+ +L.o ; ~ .~+o,„ .,,,.a .,11.,,,,E ,d~ef +l,o ~,,:1 .,a:.,..o..+ +L.o « 1,.,11 +t,o t~„a~,.~.,o .,rva t,o ~ oava e~t~l~~~-rfxtiete; t-~c~-si~.~e€-tie-~c-~e-~e~e~t~c~--~ „~..1,,.,+~ .,a +1,0 0~~;,.:o,,,.,, ~~t->are-1~~~te~-rr~e>~~~E~c-~--eke}g~~-~e~t~(n~-~`T „ rl: oa «o~ «o.,,.o „~„o.,,,o~ ~~e~-t#w~et~-e€~~~~ee~s-~e-~l~e~-te ; 75A-19 Lr`tv-rr-fQ', tl, t t „ T,:..l, ,.,t°« f1,,,,,.. tl,«.,,,..T, „a 1.,°~ l...,11~,,,~ 4;.,- tL,° ~,f'tL,:~ ~,-r;..l° n ~7G !=,-°~t°r ~.~t;.,,-, °ff~;a,,,.., l,° ° °..+°.l . °ll ,-1°..:,..,°rl .,,,.1 „t.,;,,°rl ~ ,mot°„~,a. arc-a~*3e-t~tg>:rt-tee--~c~~-~-~ee~.~ta-~e~'~e~-site-~~~e~iH~ 1..,,.rlr ~,l tt,° „t;,. °l 1° tl•,° T,,,;1~T;,,n f „t., ,~,t~-Rrr4e~bt;.uj„.r~ivir , °a ~ °.l;T.l° „1.,,,r~ .,,,,.1, ,,,.,,t,,,«a~ .,,..,°.,°t„1~1° ~~,-rl°„~ .,r;,V,~,-; t.. r°~;~o„t;~l ~;_r~__~~~~ > > :nom-~e-~~~ „t, ,tl°t „t „t° nor n xx/ n /T:-r„vn o\!T n vn ,,,t,°,.° nor n xxl n nn.,.,;,,,,,,,, „ .,1;°.l ...,t°>• .,11.,,,,.,,,.,° la,.,ll.,,,~ rr 11 ~it~r-sri~~ c~i~t~cet~s~te t~c~~° ~ ,,.,a ~.,.,t.~ne-r~a~e,.'.~.~vr tl,° mot,,.-° tl,° ~~roR~iucc ~,,;t t°,,,.,°r~t„r° ~,,.1 >•°.-1„~° tl,° „f.,,.,t°« 1„~~ /°.,.,,,,,«.,t:,,,,\ :.,t„ t .,l„°.a „1.,,,t > > ~..°,..,t° „o„nll„ ;,,rl;~..,t°.a .,t tl,° 1,.,a.° .,~+1,° a. „Ll°,. °1~~. R« J, „yt°.-~ ,.t;,-, .t . ,.,t°.- 1.°.,,,..,1 tt,° 1.,,,,.,,7.,,-;°~ „F+l.° ...I,,...t ,,,mot°..;~1 Y~ala Vaa Yv µ.7,yJ WLiLTiT +L,.,t 1,°„ 1+:«l;°a 1, F ~~Et14 E~E1~2i~3SZC-~Et~6i aiu~~r'rrcn-irr'cirrrprrccr-vTicr~z~~icc , ,.,t°« , .,1.,,,t~ F !n\ r., tl,>•°° t°„tl,~ ! Z /1 n\ F ,.,t°« , „1.,,,t~ F F vvuwa u.~ai'a~ Yauaaw i>.va„ ° , ° ° 75A-20 11 wO c,~ r~ JIILILJ VI l ~rNA 1} r x~cccPl`6~---E~ibK~- ~l~S~~~tC't'~n~--cr~c`r-v=~-i~2~6~FE~3~2--E~F&•• „1,'x.1, ~1,~ -rr,o . .,a . .,,.i., ,..,*o. ~Z 3-tie-- ~4-- 3~~ 9e-- ~T et~.~- „rf~ o 0 0 „~Y.,.,*or *r,,,* 1.0 ~>^~,,..~,aa ,1,0 v;~t,o,. a„o r„ *t,o . „i,,,,-,o ,.~'~t,o . ,,,+o.. ~ „ 1.,..,a~,,.,..o ~1,..~0 ,l;~+o«o,,,.o L~~~ra ~;i+ ra ,.i,,., ,1,0 :t ITP-~,T- y~ ~~C~-VPALLTQ i-S--iivr-iT V ~db`i-l~~ 75A-21 o v o ~ .,t,...,.,.. (".,1:4;,,«,:,~ A., „1+,,,-.,l >~'~+o„~;~,,, Ca,-,_~ .,rl F,«+l,o,- ,-o~:.,orl 1.,, o ,~v,-rte ~-l~ .-1.-..,,..L,r « :~.+.,,-.t T.'o~...,,o t,.r,a R on°~. L.° „~.~~.a 7/ 7 flo,,;.,o +L,.,+ .,+.-,.1~ +L,o f'I..,,..,~,,,~+or ; ~ r~to,~,~- ~k~rte-~c~*~etie~s-c-e~tEe~~~t~~e~~s-gene-page-c-l~eEl~l~.n .~^t~~ > > Sec. 41-1500. Purpose (a) The State Legislature has found that: (1) the waters of the State are of limited supply and are subject to ever increasing demands; (2) the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses; (3) it is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource; (4) landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development; (5) landscape design, installation, maintenance, and management can and should be water efficient; and (6) Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right does not and shall not extend to waste or unreasonable method of use of water. Sec. 41-1501. Applicability (a) Beginning January 1, 2010, all planting, irrigation, and landscape-related improvements required by this Article shall apply to the following landscape projects: (1) new landscape installations or landscape rehabilitation projects by public agencies or private non-residential developers, except for cemeteries, with a landscaped area, including pools or other water features but excluding 75A-22 hardscape, equal to or greater than 2,500 square feet, and which are otherwise subject to a discretionary approval of a landscape plan, or which otherwise require a ministerial permit for a landscape or water feature; (2) new landscape installations or landscape rehabilitation projects by developers or property managers of single-family and multi-family residential projects or complexes with a landscaped area, including pools or other water features but excluding hardscape, equal to or greater than 2,500 square feet, and which are otherwise subject to a discretionary approval of a landscape plan, or which otherwise require a ministerial permit for a landscape or water feature; (3) new landscape installation projects by individual homeowners on single- family or multi-family residential lots with a total project landscaped area, including pools or other water features but excluding hardscape, equal to or greater than 5,000 square feet, and which are otherwise subject to a discretionary approval of a landscape plan, or which otherwise require a ministerial permit for a landscape or water feature; (4) A landscape rehabilitation project is subject to the requirements of this Article where (i) the modified landscaped area is greater than 2,500 square feet and represents at least 50% of the total landscaped area; and (ii) the modifications are planned to occur within one year. The requirements of the Standards may be partially or wholly waived, at the discretion of the city, for landscape rehabilitation projects that are limited to replacement plantings with equal or lower water needs and where the irrigation system is found to be designed, operable and programmed consistent with minimizing water waste in accordance with local water purveyor regulations (b) This Article does not apply to: (1) registered local, state, or federal historical sites or other sites exempted by applicable federal or state law; (2) ecological restoration projects that do not require a permanent irrigation system; (3) mined-land reclamation projects that do not require a permanent irrigation system; or (4) plant collections, as part of botanical gardens and arboretums open to the public. Sec. 41-1502. Implementation Procedures (a) Prior to installation, a Landscape Documentation Package shall be submitted to the City for review and approval of all landscape projects subject to the 75A-23 provisions of this Article. Any Landscape Documentation Package submitted to the City shall comply with the provisions of the Standards. (b) The Landscape Documentation Package shall include a certification by a professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the licensed professional and are certified to be in compliance with the provisions of this Article and the Standards. (1) Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations. (2) Water use calculations shall be consistent with calculations contained in the Standards and shall be provided to the City under procedures determined by the City. (3) Verification of compliance of the landscape installation with the approved plans shall be obtained through a Certification of Completion in conjunction with a Certificate Occupancy, Permit Final or Notice of Completion process, as provided in the Standards. Sec. 41-1503. Landscape Water Use Standards (a) For applicable landscape installation or rehabilitation projects subject to Section 41-1501(a) of this Code, the Estimated Applied Water Use allowed for the landscaped area shall not exceed the MAWA calculated using an ET adjustment factor of 0.7, except for special landscaped areas where the MAWA is calculated using an ET adjustment factor of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the City; as provided in the Standards. (b) Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the City. Sec. 41-1504. Definitions The following definitions are applicable to this article: "Applied water" means the portion of water supplied by the irrigation system to the landscape. "Budget-based tiered-rate structure" means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. 75A-24 "Estimated Applied Water Use" means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the Standards. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system. "ET adjustment factor" or "ETAF is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Standards. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. A combined plant mix with asite-wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency of 0.71 produces an ET adjustment factor of (0.7) _ (0.5/0.71), which is the standard of water use efficiency generally required by this Article and the Standards, except that the ETAF for a special landscape area shall not exceed 1.0. "Standards " refers to the Standards for Implementation of this Article, as adopted by the City, which describes procedures, calculations, and requirements for landscape projects subject to this Article. "Hardscapes" means any durable material or feature (pervious and non pervious) installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this Article. "Homeowner installed landscape "means any landscaping either installed by a private individual for a single family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this Article, is a person who occupies the dwelling he or she owns. This definition excludes speculative homes, which are not owner-occupied dwellings and which are subject under this Article to the requirements applicable to developer-installed residential landscape projects. "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this Article is 0.71.. Greater irrigation efficiency can be expected from well designed and maintained systems. "Landscaped area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non- pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). "Landscape contractor" means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. 75A-25 "Landscape Documentation Package" means the documents required to be provided to the City for review and approval of landscape design projects, as described in the Standards. "Landscape project" means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under Section 41-1501 of this Code. "Local water purveyor" means any entity, including a public agency, city, county or private water company that provides retail water service within the City of Santa Ana. "Maximum Applied Water Allowance" or "MAWA" means the upper limit of annual applied water for the established landscaped area as specified in Section 2.2 of the Standards. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. "Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. "New construction" means, for the purposes of this Article, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building. "Non pervious" means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. "Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscape. "Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Article, the plant factor range for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this Article are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species." "Recycled water" or "reclaimed water" means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix A of the Standards, and is an estimate of the evapotranspiration of a large field of four-to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances. 75A-26 "Rehabilitated landscape" means any re-landscaping project that meets the applicability criteria of Section l.l(a), where the modified landscape area is greater than 2,500 square feet, is 50% of the total landscape area, and the modifications are planned to occur within one year. "Smart automatic irrigation controller" means an automatic timing device used to remotely control valves that operate an irrigation system and which schedules irrigation events using either evapotranspiration (weather-based) or soil moisture data. "Special landscape area" means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. "Turf' means a ground cover surface of mowed, infrequently mowed, or no mow grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, Buffalo grass, Mexican Feather grass, Muhly grass, and Sedge grass are warm-season grasses. "Valve" means a device used to control the flow of water in an irrigation system. "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. 75A-27 ~ ~ ~ =~~1 . T r~ ~ -r~~~~ - ~ _ , ~ , ~i~ i i1~ ~ ~ I;~I ~ i ~ ~ ~1~I ~ ~I: ~~1 j r ` t ~i ~ i ~ I ' , ° '?'~`a E ~ r. ~ i . STANDARDS FOR IMPLEMENTATION OF THE CITY OF SANTA ANA WATER EFFICIENT LANDSCAPE ORDINANCE 75A-28 TABLE OF CONTENTS Section Page No. 1. Purpose ...................................................................................................................1 1.1 Purpose .......................................................................................................1 2. Submittal Requirements for New Landscape Installations or Landscape Rehabilitation Projects 2 2.1 Elements of the Landscape Documentation Package 2 2.2 Water Efficient Landscape Calculations and Alternatives 4 2.3 Soil Management Report 5 2.4 Landscape Design Plan 6 2.5 Irrigation Design Plan 10 2.6 Grading Design Plan 14 2.7 Certification of Completion ......................................................15 2.8 Post-Installation Irrigation Scheduling 15 2.9 Post-Installation Landscape and Irrigation Maintenance 16 2.10 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis...16 3. Provisions for Existing Landscapes 16 3.1 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis...17 Appendix A -Example Certification of Design A-1 Appendix B -Water Efficient Landscape Worksheet B-1 Appendix C -Reference Evapotranspiration (ETo) Table C-1 Appendix D -Example Installation Certificate of Completion D-1 Appendix E -Definitions ........................................................................E-1 i 75A-29 1. Purpose 1.1 Purpose (A) The primary purpose of these standards is to provide procedural and design guidance for project applicants proposing landscape installation or rehabilitation projects that are subject to the requirements of the Water Efficient Landscape Ordinance. This document is also intended for use and reference by City staff in reviewing and approving designs and verifying compliance with the Water Efficient Landscape Ordinance. The general purpose of the Water Efficient Landscape Ordinance is to promote the design, installation, and maintenance of landscaping in a manner that conserves regional water resources by ensuring that landscaping projects are not unduly water-needy and that irrigation systems are appropriately implemented to minimize water waste. (B) Other regulations affecting landscape design and maintenance practices are potentially applicable and should be consulted for additional requirements. These regulations include but may not be limited to: (1) State of California Assembly Bill 1881; (2) National Pollutant Discharge Elimination Permit for the Municipal Separate Storm Sewer System; (3) Water Conservation and Drought Response Regulations of the City of Santa Ana; 4 O Regulations of the City of Santa Ana governing use of Recycled Water; (5) City of Santa Ana Zoning Code; (6) California Building Code; (7) Specific Plans, Master Plans, General Plan, or similar land use and ' planning documents; and (8) Conditions of approval for a specific project 2. Submittal Requirements for New Landscape Installations or Landscape Rehabilitation Projects (A) Discretionary approval is typically required for landscape projects that are subject to site plan reviews, or where a variance from a local building code is requested, or other procedural processes apply such that standard or special conditions of approval may be required by the City. Discretionary projects with conditions of approval may be approved administratively by city staff, or acted on formally by the Planning Commission, City Council, or other jurisdictional authority. A typical standard condition of approval reads: 1 75A-30 "Landscaping for the project shall be designed to comply with the City 's Water Efficient Landscape Ordinance and with the Guidelines for Implementation of the Water Eff cient Landscape Ordinance. " Landscape or water features that typically require a ministerial permit (i.e., a building, plumbing, electrical, or other similar permit), thereby triggering compliance with the Water Efficient Landscape Ordinance requirements independently of the need for discretionary approval include, but are not limited to, swimming pools, fountains or ponds, retaining walls, and overhead trellises. 2.1 Elements of the Landscape Documentation Package (A) A Landscape Documentation Package is required to be submitted by the project applicant for review and approval prior to the issuance of ministerial permits for landscape or water features by the City, and prior to start of construction. Unless otherwise directed by the City, the Landscape Documentation Package shall include the following elements either on plan sheets or supplemental pages as directed by the City: (1) Project Information, including, but not limited to, the following: (a) date; (b) project name; (c) project address, parcel, and/or lot number(s); (d) total landscaped area (square feet) and rehabilitated landscaped area (if applicable); (e) project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed); (f) water supply type (e.g., potable, recycled, or well) and identification of the local retail water purveyor if the project applicant is not served by a private well; (g) checklist or index of all documents in the Landscape Documentation Package; (h) project contacts, including contact information for the project applicant and property owner; (i) a Certification of Design in accordance with Exhibit A of these standards that includes a landscape professionals professional stamp, as applicable, signature, contact information (including email and telephone number), license number, and date, certifying the statement that "The design of this project complies with the 2 75A-31 requirements of the City's Water Eff dent Landscape Ordinance" and shall bear the signature of the landscape professional as required by law; and (j) any other information the City deems relevant for determining whether the landscape project complies with the Water Efficient Landscape Ordinance and these standards. (2) Maximum Applied Water Allowance (MAWA) and Estimated Applied Water Use (EAWU) expressed as annual totals including, but not limited to, the following: (a) a Water Efficient Landscape Worksheet (optional at discretion of the City) for the landscape project; (b) hydrozone information table (optional at the discretion of the City) for the landscape project; and (c) water budget calculations (optional at the discretion of the City) for the landscape project. (3) A soil management report or specifications, or specification provision requiring soil testing and amendment recommendations and implementation to be accomplished during construction of the landscape project. (4) A landscape design plan for the landscape project. (5) An irrigation design plan for the landscape project. (6) A grading design plan, unless grading information is included in the landscape design plan for the landscape project or unless the landscape project is limited to replacement planting and/or irrigation to rehabilitate an existing landscaped area. 2.2 Water Efficient Landscape Calculations and Alternatives (A) The project applicant shall provide the calculated Maximum Applied Water Allowance (MAWA) and Estimated Applied Water Use (EAWU) for the landscaped area as part of the Landscape Documentation Package submittal to the City. The MAWA and EAWU shall be calculated based on completing the Water Efficient Landscape Worksheets (in accordance with the sample worksheets in Appendix B). (B) The EAWU allowable for the landscaped area shall not exceed the MAWA. The MAWA shall be calculated using an evapotranspiration adjustment factor (ETAF~ of 0.7 except for the portion of the MAWA applicable to any special landscaped areas within the landscape project, which shall be calculated using an ETAF of 3 75A-32 1.0. Where the design of the landscaped area can otherwise be shown to be equivalently water-efficient, the project applicant may submit alternative or abbreviated information supporting the demonstration that the annual EAWU is less than the MAWA, at the discretion of and for the review and approval of the local agency. (C) Water budget calculations shall adhere to the following requirements: (1) The MAWA shall be calculated using the Water Efficient Landscape Worksheets and equation presented in Appendix B on page B-l. The example calculation on page B-1 is a hypothetical example to demonstrate proper use of the equation. (2) The EAWU shall be calculated using the Water Efficient Landscape Worksheets and equation presented in Appendix B on page B-2. The example calculation on page B-2 is a hypothetical example. (3) For the calculation of the MAWA and EAWU, a project applicant shall use the ETo values from the closest location listed the Reference Evapotranspiration Table in Appendix C. For geographic areas not covered in Appendix C, data from other cities located nearby in the same reference evapotranspiration zone may be used, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999. (4) For calculation of the EAWU, the plant water use factor shall be determined as appropriate to the project location from the Water Use Efficiency of Landscape Species (WUCOLS) Species Evaluation List. The plant factor is 0.1 for very low water use plants, 0.2 to 0.3 for low water use plants, 0.4 to 0.6 for moderate water use plants, and 0.7 to 1.0 for high water use plants. (5) For calculating the EAWU, the plant water use factor shall be determined for each valve hydrozone based on the highest-water-use plant species within the zone. The plant factor for each hydrozone may be required to be further refined as a "landscape coefficient," according to protocols defined in detail in the WUCOLS document, to reflect planting density and microclimate effects on water need at the option of the project applicant or the City. (6) For calculation of the EAWU, the area of a water feature shall be defined as a high water use hydrozone with a plant factor of 1.0. (7) For calculation of the EAWU, a temporarily irrigated hydrozone area, such as an area of highly drought-tolerant native plants that are not intended to be irrigated after they are fully established, shall be defined as a very low water use hydrozone with a plant factor of 0.1. 4 75A-33 (8) For calculation of the MAWA, the ETAF for special landscaped areas shall be set at 1.0. For calculation of the EAWU, the ETAF for special landscaped areas shall be calculated as the special landscaped area (SLA) plant factor divided by the SLA irrigation eff ciency factor. (9) Irrigation efficiency shall be calculated using the worksheet and equation presented in Appendix B on page B-2. (10) The Maximum Applied Water Allowance shall adhere to the following requirements: (a) The Maximum Applied Water Allowance shall be calculated using the equation presented in Appendix B. The example calculation in Appendix B is hypothetical to demonstrate proper use of the equation and does not represent an existing and/or planned landscape project. The reference evapotranspiration (ETo) values used in this calculation are from the Reference Evapotranspiration Table in Appendix C and are for planning purposes only. For actual irrigation scheduling, automatic irrigation controllers are required and shall use current ETo data, such as from the California Irrigation Management Information System (CIMIS), other equivalent data, or soil moisture sensor data. 2.3 Soil Management Report (A) In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows: (1) Submit soil samples to a certified agronomic soils laboratory for analysis and recommendations. (a) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. (b) The soil analysis may include, but is not limited to: i. soil texture; ii. infiltration rate determined by laboratory test or soil texture infiltration rate table; iii. pH; iv. total soluble salts; v. sodium; 5 75A-34 vi. percent organic matter; and vii. recommendations. (2) The project applicant, or his/her designee, shall comply with one of the following: (a) if significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the Landscape Documentation Package; or (b) If significant mass grading is planned, the soil analysis report shall be submitted to the City as part of the Certification of Completion. (c) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans in order to make any necessary adjustments to the design plans. (d) The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with the Certification of Completion. 2.4 Landscape Design Plan (A) For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. At the landscape design plan meeting, the following design criteria shall be submitted as part of the Landscape Documentation Package. (1) General site information, including property lines, street names, project name and address, proposed building structure, and existing natural features. (2) Plant Material: Landscape palette including trees, shrubs, groundcovers, turf, etc. Planting symbols and plant labeling, including botanical and common name, container size, spacing, and quantity of each plant group shall be part of the legend. (a) Any plant may be selected for the landscaped area provided the EAWU in the landscaped area does not exceed the MA WA. To encourage the efficient use of water, the following is highly recommended: i. protection and preservation ofnon-invasive water-conserving plant species and water-conserving turf, 6 75A-35 ii. selection of water-conserving plant species and water- conserving turf; iii. selection of plants based on disease and pest resistance; iv. selection of trees based on applicable City and local tree ordinances or tree shading guidelines; and v. selection of plants from local and regional landscape program plant lists. (3) All hardscape and water features, fences, retaining walls, grading of slopes, and soils test. (4) Details such as tree staking, vine preparation, planting instructions and installation. (B) Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 2.5(A)(2)(d) of these standards. (C) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended for inclusion in the landscape design plan: (1) use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; (a) Plant materials shall meet the following requirements: i. A minimum of ninety (90) percent of plant materials in non- turf areas shall be capable of adaptation to Sunset Western Climate Zones 22 and 23. ii. The most suitable plant materials are plants native to California or similar Mediterranean-type plants. iii.The remaining ten (10) percent of non-turf areas may be non- drought tolerant plants provided the design is such that their water requirements have a minimal impact on the dry landscape plantings. (b) Drought tolerant groundcovers shall be planted to reduce surface evaporation. Mulches with atwo-inch minimum depth shall be added to groundcover areas after planting to conserve soil moisture. 7 75A-36 (2) recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, and power lines); and (3) consider the solar orientation for plant placement to maximize summer shade and winter solar gain. (D) Turf is discouraged on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent). (1) All turf selections shall be drought tolerant varieties with minimal water requirements. (E) The use of invasive plant species and/or noxious plant species is strongly discouraged. (F) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of water efficient plant species as a group. (G) Water Features (1) Recirculating water systems shall be used for water features. (2) Where available and consistent with public health guidelines, recycled water shall be used as a source for decorative water features. (3) The surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. (4) Pool and spa covers are highly recommended. (H) Mulch and Amendments (1) A minimum two inch (2") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. (2) Stabilizing mulching products shall be used on slopes. (3) The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement. 8 75A-37 (4) Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 2.3 of these standards). (I) The landscape design plan, at a minimum, shall: (1) delineate and label each hydrozone by number, letter, or other method; (2) identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscaped area shall be included in the low water use hydrozone for the water budget calculation; (3) identify recreational areas; (4) identify areas permanently and solely dedicated to edible plants; (5) identify areas irrigated with recycled water; (6) identify type of mulch and application depth; (7) identify soil amendments, type, and quantity; (8) identify type and surface area of water features; (9) identify hardscapes (pervious and non pervious); (10) identify location and installation details of any applicable storm water best management practices that encourage on-site retention and infiltration of storm water. Storm water best management practices are encouraged in the landscape design plan and examples include, but are not limited to: (a) infiltration beds, swales, and basins that allow water to collect and soak into the ground; (b) constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants; and (c) pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff. (11) identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.); (12) contain the following statement: "I have complied with the criteria of the Water Efficient Landscape Ordinance and applied them for the efficient use of water in the landscape design plan;" and (13) bear the signature of aCalifornia-licensed landscape professional. 9 75A-38 2.5 Irrigation Design Plan (A) For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturer's recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (1) System (a) A separate landscape meter and backflow prevention device shall be installed for the irrigation system. Dedicated landscape water meters are highly recommended on landscaped areas smaller than 5,000 square feet to facilitate water management. (b) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data shall be required for irrigation scheduling in all irrigation systems. (c) The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. i. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system. ii. Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation. (d) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain. (e) Manual shut-off valves (such as agate valve, ball valve, or butterfly valve) shall be required as close as possible to the point of connection of the water supply to minimize water loss in case of an emergency (such as a main line break) or routine repair. 10 75A-39 (f) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable City code (i.e., public health) for additional backflow prevention requirements. (g) High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended. (h) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures. (i) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. (j) The design of the irrigation system shall conform to the hydrozones of the landscape design plan. (k) Average irrigation efficiency for the project shall be determined in accordance with the EAWU calculation sheet in Appendix B. Unless otherwise indicated by the irrigation equipment manufacturer's specifications or demonstrated by the project applicant, the irrigation efficiency of the irrigation heads used within each hydrozone shall be assumed to be: Pop-up stream rotator heads = 75% Stream rotor heads = 75% Microspray = 75% Bubbler = 80% Drip emitter = 85% Subsurface irrigation = 90% (1) It is highly recommended that the project applicant inquire with the City about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. (m) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. (n) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations. 11 75A-40 (o) Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. (p) Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to high traffic areas. (q) Check valves or anti-drain valves are required for all irrigation systems. (r) Narrow or irregularly shaped areas, including turf, less than eight (8) feet in width in any direction shall be irrigated with subsurface irrigation or a low volume irrigation system. (s) Overhead irrigation shall not be permitted within 24 inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if: i. the landscaped area is adjacent to permeable surfacing and no runoff occurs; or ii. the adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or iii. the irrigation designer for the landsca e ro'ect s ecifies p p J p arl alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates strict adherence to the irrigation system design criteria in Section 2.5 (a)(1)(H) hereof. Prevention of overspray and runoff must be confirmed during an irrigation audit. iv. Slopes greater than 25% shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer of the landscape project specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. (2) Hydrozone (a) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. 12 7 5A-41 (b) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. (c) Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf. (d) Individual hydrozones that mix plants of moderate and low water use or moderate and high water use maybe allowed i£ i. the plant factor calculation is based on the proportions of the respective plant water uses and their respective plant factors; or ii. the plant factor of the higher water using plant is used for the calculations. (e) Individual hydrozones that mix high and low water use plants shall not be permitted. (1~ On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve and assign a number to each valve. (g) The irrigation design plan, at a minimum, shall contain: i. the location and size of separate water meters for landscape; ii. the location, type, and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; iii. static water pressure at the point of connection to the public water supply; iv. flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; v. irrigation schedule parameters necessary to program smart timers specified in the landscape design; vi. the following statement: "I have complied with the criteria of the Water Efficient Landscape Ordinance and applied them accordingly for the efficient use of water in the irrigation design plan;" and 13 75A-42 vii. the signature of aCalifornia-licensed landscape professional. 2.6 Grading Design Plan (A) For the efficient use of water, grading of a landscape project site shall be designed to minimize soil erosion, runoff, and water waste. Finished grading configuration of the landscaped area, including pads, slopes, drainage, post-construction erosion control, and storm water control Best Management Practices, as applicable, shall be shown on the Landscape Plan unless this information is fully included in separate Grading Plans for the project, or unless the project is limited to replacement planting and/or irrigation to rehabilitate an existing landscaped area. (B) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscaped area including: (1) height of graded slopes; (2) drainage patterns; (3) pad elevations; (4) finish grade; and (5) storm water retention improvements, if applicable. (C) To prevent excessive erosion and runoff, it is highly recommended that the project applicant: (1) grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes; (2) avoid disruption of natural drainage patterns and undisturbed soil; and (3) avoid soil compaction in landscaped areas. (D) The Grading Design Plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of the landscape professional, as required by law. 2.7 Certification of Completion (A) Landscape project installation shall not proceed until the Landscape Documentation Package has been approved by the City and any ministerial permits required are issued. 14 75A-43 (B) The project applicant shall notify the City at the beginning of the installation work and at intervals, as necessary, for the duration of the landscape project work to schedule all required inspections. (C) Certification of Completion of the landscape project shall be obtained through a Certificate of Use and Occupancy or a Permit Final. The requirements for the Final Inspection and Permit Closure include submittal of: (1) A Landscape Installation Certificate of Completion in the form included as Appendix D of these standards, which shall include: (i) certification by a landscape professional that the landscape project has been installed per the approved Landscape Documentation Package; and (ii) the following statement: "The landscaping has been installed in substantial conformance to the design plans, and complies with the provisions of the Water Efficient Landscape Ordinance for the efficient use of water in the landscape." (2) Documentation of the irrigation scheduling parameters used to set the controller(s); (3) An irrigation audit report from a certified irrigation auditor, documentation of enrollment in regional or local water purveyor's water conservation programs, and/or documentation that the MAWA and EAWU information for the landscape project has been submitted to the local water purveyor, may be required at the option of the City. 2.8 Post-Installation Irrigation Scheduling (A) For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: (1) Irrigation scheduling shall be regulated by automatic irrigation controllers. (2) Overhead irrigation shall be scheduled in accordance with the City's Water Conservation Ordinance. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. 2.9 Post-Installation Landscape and Irrigation Maintenance (A) Landscapes shall be maintained to ensure water use efficiency in accordance with existing City's code. 2.l0Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. (A) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. 15 7 5A-44 (B) For new construction and rehabilitated landscape projects installed after January 1, 2010. (1) the project applicant shall submit an irrigation audit report with the Certificate of Completion to the City that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule; (2) the City shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance. 3. Provisions for Existing Landscapes (A) Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements and shall be subject to penalties and incentives for water conservation and water waste prevention, as determined and implemented by the the City. (B) The City may administer programs such as irrigation water use analyses, irrigation surveys and/or irrigation audits, tiered water rate structures, water budgeting by parcel, or other approaches to achieve landscape water use efficiency community-wide to a level equivalent to or less than would be achieved by applying a MAWA calculated with an ETAF of 0.8 to all landscaped areas in the City over one acre in size. (C) The architectural guidelines of a common interest development, including apartments, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. 3.1 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. (A) This section shall apply to all existing landscapes that were installed before January 1, 2010 and are over one acre in size. (1) For all landscapes in this section that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62). (2) For all landscapes in 493.1(a), that do not have a meter, the local agency shall administer programs that may include, but not be limited to, 16 75A-45 irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. (B) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. 17 75A-46 Planning and Building Agency ~ ~ Planning Division WATER EFFICIENT ~ 20 Civic Center Plaza P.O. Box 1988 (M-20) LANDSCAPE ORDINANCE Santa Ana, CA 92702 f ' ' I (714)647-5804 www.santa-ana.org CERTIFICATION OF LANDSCAPE DESIGN I hereby certify that: (1) I am a professional appropriately licensed in the State of California to provide professional landscape design services. (2) The landscape design and water use calculations for the property located at (provide street address or parcel number(s)) were prepared by me or under my supervision. (3) The landscape design and water use calculations for the identified property comply with the requirements of the City of Water Efficient Landscape Ordinance (Municipal Code Sections )and the City of Standards for Implementation of the City of Water Efficient Landscape Ordinance. (4) The information I have provided in this Certificate of Landscape Design is true and correct and is hereby submitted in compliance with the City of Standards for Implementation of the City of Water Efficient Landscape Ordinance. Print Name Date Signature License Number Address Telephone E-mail Address Landscape Design Professional's Stamp (If applicable) FOR OFFICE USE ONLY Date filed: Accepted by: PROJECT NO. 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V ~ ~t o0 0~o N ~ ~ R" Q\ ~ ~ O s.. ~ ~ W M O O O M N O O O ~ N N .-i ? ~ ~ ~ ~ o II II II II II II II II II a~ ~ M II ~ y O O ~ ~ 0 0 0 0 0 0 0 0 0 ~ II II ~ k ap ~ O ~ •I• ~I• ~I~ •I~ •I• ~I• ~I• ~I~ •I• ~ O ~ ~ ° ~ ~ ° t° ~ ~ ~ b 4. 4" ~ I > ~ ,'1', y~ O ~ N ~V N N N N N N N ~ ~ V] p b b ~p ~O ~ b b b b ~ ~ U O O O O O 0 0 0 0 ~ ~ O a ~j~j ~ ~ III U v, II II ~ ~ k X ~ x ~ k ~ ~ N ~C ~ an N O O O O ~ 0 0 0 N 0 0 0~ ~ M ~ ~ ~ y >G SG >G >G >G >C SC X N T 'Z" ~ O O v~ 0 0 0 0 0 0 ~ ~ ~ v a O O ~O v~ M N v'~ ~n p- v, rC o, ~ 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ cti a`i O •y ~ q ,s rn ~ O N N N N N N N N N a~ ~ C3 ,O II ~ v F~ o0 00 00 00 00 00 00 00 00 ~ ~ a" o> of o ~.o ~ ~q ~ ~ ~ ~ ~c'~i~~~~00 a x c ~ w ~ W ~ ~ ~ O o ao oq an II ~ X ~ ~W~~~~~ ~ 33333 0 ~aN H ~ ~ ~ ~.o~ .tio•~ ~ ~ ~ 3 3 ~o II w~~~a~ wll ~ ~ w ~ ~ II ~ ~ ~V'°p ~ ~ ~ ~ ~ ~ IoNN~,\ ~O ~ tz.W h II ~ U H W W 3 WW~C~~o~ ~i 75A-49 o ~ a .50 ~ ~ ~ o o ~V O •y .N Q ~^N^ ENVN "V 1 ~N y q o w w o A 0 U Oi U ~ C~ O ~ ~ +r w 3 ~ v 0 0., ~ ~ a> ~ ~ ~ ~ d w a b ~ ~ ~ N a. o o ~ _U ~ ~ ~ O ~ H ~ ~ ~ O ti ~ y ~ ~ ~ ~ O ~ ~ I-r U O 'y ~ t1, s~ a> ~ 'i ~ 3 a ~ Q ~ ~ a ~ 75A-50 a~ ~ a + ~ y ~ o v x a C7 s i.. ~ o ~ ~ ~ ~ ~ II II W y O W ~ Cx o ~ ~ x ~ II o ~ ~ O ~ ~ ~ a o ~ ~ ~ ~ W _ ~ o a ~ ~ U d d ~ w ~ ~ x x A 'o ~ ~r z = ~ as ~ N".~..~ U F N W ~ ~ ~ ~ ~ ~y ~1 I~~I ` X o S.a Q W o ~ i. T ~ W ° ~ p, DG >C C ti L~ v N ~ ~ ~ Q ~ ~ ~ Q ~o Q' ~ pq V ~ O W O w ~ ~ W ~ '~Ci ~ ~ ~ ~ ~ C o ~ ~ ~ ~ I ~ ~ Q Q ~ ~ ~ y X o ~ ~ Q ~ ~ O w ~ ~ ~ ~ ti ~ ~ F ~ Y ~ ~ ~ ~ ~ ~ sue. ~b.9 ~ ~ ~ ~ O y ~ ~ ~ O" ~ ~ II II II ~ J ~I ~ ~ ~ ~ ~ U ~ ~ ~ ~ `"a ~ 0 ti ~ mQ`ti~ 44p ~ I I ~ v ~ ~'y ~ . o C c~ 4. ~ Q~ W W JU~~ ~ ~0 ~ ~ ~ ~o II II II ~ II H 3 ~Wo~~o~: 75A-51 a~ on ~ ~ ~ ~ ~ a ~~O © a U ti o ~ ~ ~ ~ o O O ~ ~ ~ ~ ~ a~ ~ ~ ~ ~ R ~~o ~ W ~ M II ~ o ~ ~ i II II II II II II II II II II II II II II 4~ 0 0 ~ ~ II II ~ a s on on c ~ ~ .I. .I. .I. .I. .I. .I. .I. .I. .I. .I. .I. .I. .I. .I. 0 0 ~ ? ~ w ~ o v ~ ~ O ~ ~ ~ ¢ y ~ O ~ N N N N N N N N N N N N N N ~ 'b O b b b b b b b b b b b b b b II II II II ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~n ~V ~ ~ x ~ ~ ~ ~ ~ x ~ x ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ x x x ~ x x ~ a~ ~ a. Q. ~ ~ ~ o ~ ~ ~ ~ x ~ ~ ~ x x x ~ x ~ ~ x x o ~ ~ S'" U ~ o II o :a ~ ° F-' c ~ W c W a ~ .I. a. ~ ~ . ti ~ w ~ ~ ~ ~ N ~d p,~wo o~ o ~ . ~ a~ c o~ ~ .n v~ v~ v~ ~ O ~ y~~~°u .~v~v~~~~~ x ~ ~ ~e~~~.°~~ ~ X333 o s o ~ 3 y o ~ w U ~ ~ .-o ~ ~ o ~ W ~ ~ ~ ~ ~ o `q ~ ~ x ~ `o w II ~~~o.~w v ~ u x c cU ~ a, W W 3 Ww~Cwo~ r~ 75A-52 ~ o ~ ~ 0 ~ ~ `ti 'i o tt~~ 0 ri ~ V 0 ~ ~V V q :aN ~y i-1 .y V W ~NN v../ ~ w ~ '1V ~V ~ v o yY ~ ~ ~ ~ ~ ~ ~ d o~ s~. b b ~ cc1 N ~ O O ~ z~ ~ _U ~ ~ ~ O ~ H ~ ~ ~ O ~ ~ O ~ ~ i-i v O Q ~ ~i .O ~Q~~a~ 75A-53 1 1 ~ ~ ~ Appendix C Reference Evapotranspiration (ETo) Table A endix C -Reference Eva otrans iration (ETo) Table* County and City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Oran a ETo Irvine 2.2 2.5 3.7 4.7 5.2 5.9 6.3 6.2 4.6 3.7 2.6 2.3 49.6 Laguna Beach 2.2 2.7 3.4 3.8 4.6 4.6 4.9 4.9 4.4 3.4 2.4 2.0 43.2 Santa Ana 2.2 2.7 3.7 4.5 4.6 5.4 6.2 6.1 4.7 3.7 2.5 2.0 48.2 * The values in this table were derived from:i) California Irrigation Management Information System (CIMIS) 2) Reference Eva oTrans iration Zones Ma , UC De t. of land, Air & Water Resources and Califomia D t of Water Resources 1999, 3) Reference Eva otrans iration for California, Universit of California, De artment of A riculture and Natural Resources (1987) Bulletin 1922 4) Determining Daily Reference Evapotranspiration, Cooperative Extension UC Division of Agriculture and Natural Resources (1987), Publication Leaflet 21426 C-1 75A-54 1 ~ ~ ~ ~ Appendix D LANDSCAPE INSTALLATION CERTIFICATE OF COMPLETION I hereby certify that: (1) I am a professional appropriately licensed in the State of California to provide professional landscape design services. (2) The landscape project for the property located at (provide street address or parcel number(s)) was installed by me or under my supervision. (3) The landscaping for the identified property has been installed in substantial conformance with the approved Landscape Documentation Package and complies with the requirements of the City of Water Efficient Landscape Ordinance (Municipal Code Sections ) and the City of Standards for Implementation of the City of Water Efficient Landscape Ordinance for the efficient use of water in the landscape. (4) The information I have provided in this Landscape Installation Certificate of Completion is true and correct and is hereby submitted in compliance with the City of Standards for Implementation of the City of Water Efficient Landscape Ordinance. Print Name Date Signature License Number Address Telephone E-mail Address Landscape Design Professional's Stamp (If Appropriate) D-1 75A-55 ~ ~ ~ ~ ~ i Appendix E Definitions The terms used in these Standards have the meaning set forth below: "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Conversion factor" means the number that converts acre-inches per acre per year to gallons per square foot per year. "Check valve" or "anti-drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. "Certified Landscape Irrigation Auditor" means an individual authorized by the Water Administration and Engineering Division of the Public Works Agency of the City of Santa Ana. "Certification of Design" means the certification included as Exhibit E of these Standards that must be included in the Landscape Documentation Package pursuant to Section 2.1 of these Standards. "City" means the City of Santa Ana_or its authorized designee. "Common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351 "Distribution Uniformity" or "DU" is a measure of how uniformly an irrigation head applies water to a specific target area and theoretically ranges form zero to 100 percent. "Drip irrigation" means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil. "Estimated Applied Water Use" or "EA WU" means the annual total amount of water estimated to keep plants in a healthy state. It is based on factors such as reference evapotranspiration rate, the size of the landscaped area, plant water use factors, and the irrigation efficiency within each hydrozone. "Evapotranspiration adjustment factor" or "ETAF" means a factor of seven tenths (0.7), which is the standard of water use efficiency generally required by this Water Efficient Landscape Ordinance and the Standards, except that the ETAF for a special landscape area shall not exceed 1.0. 75A-56 "Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. "Flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. "Hardscapes" means any durable material or feature (pervious and non pervious) installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of these Standards. "Hydrozone" means a portion of the landscaped area having plants with similar water needs and typically irrigated by one valve/controller station. A hydrozone may be irrigated or non- irrigated. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). "Invasive plants species" or "noxious" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive plant species may be regulated by county agricultural agencies as noxious species. "Irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. "Irrigation Management Efficiency " or "IME" means the measurement used to calculate the irrigation efficiency of the irrigation system for a landscaped project. A 90% IME can be achieved by using evaportranspiration controllers, soil moisture sensors, and other methods that will adjust irrigation run times to meet plant water needs. "Irrigation efficiency" or "IE" means the measurement of the amount of water beneficially used divided by the amount of water applied to a landscaped area. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of these Standards is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems. The following irrigation efficiency may be obtained for the listed irrigation heads with an IME of 90%: a. Pop-up stream rotator heads = 75% b. Stream rotor heads = 75% c. Microspray = 75% d. Bubbler = 80% 75A-57 e. Drip emitter = 85% f. Subsurface irrigation = 90% "Landscape coefficient" (K~) is the product of a plant factor multiplied by a density factor and a microclimate factor. The landscape coefficient is derived to estimate water loss from irrigated landscaped areas and special landscaped areas. "Landscape Documentation Package" means the package of documents that a project applicant is required to submit to the City pursuant to Section 2.1 of these Standards. "Landscape Installation Certificate of Completion "means the certificate included as Exhibit F of these Standards that must be submitted to the City pursuant to Section 2.7(a)(1) of hereof. "Landscape professional" means a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape pursuant to Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the California Business and Professions Code, Section 832.27 of Titlel6 of the California Code of Regulations, and Section 6721 of the California Food and Agriculture Code. "Landscaped area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non- pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. "Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. "Maximum Applied Water Allowance" or "MA WA" means the upper limit of annual applied water for the established landscaped area, as specified in Section 2.2 of these Standards. It is based upon the area's reference evapotranspiration, the ETAF, and the size of the landscaped area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. "Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscaped area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. 75A-58 "Mulch" means any organic material such as leaves, bark, straw or compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. "Non pervious" means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil. "Operating pressure" means the pressure at which the parts of an irrigation system of sprinklers are designed to operate at by the manufacturer "Overspray" means the irrigation water which is delivered beyond the target area. "Person" means any natural person, firm, joint venture, joint stock company, partnership, public or private association, club, company, corporation, business trust, organization, public or private agency, government agency or institution, school district, college, university, any other user of water provided by the City or the local water purveyor, or the manager, lessee, agent, servant, officer, or employee of any of them or any other entity which is recognized by law as the subject of rights or duties. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. "Plant factor" or `plant water use factor" is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Water Efficient Landscape Ordinance, the plant factor range for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in these Standards are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species." "Precipitation rate" means the rate of application of water measured in inches per hour. "Project applicant" means the person submitting a Landscape Documentation Package required under Section 2.1 to request a permit, plan check, or design review from the local agency. A project applicant maybe the property owner or his or her designee. "Property owner" or "owner" means the record owner of real property as shown on the most recently issued equalized assessment roll. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix C of these Standards, and is an estimate of the evapotranspiration of a large field of four to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances. 75A-59 "Recycled water" or "reclaimed water" means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption. "Runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscaped area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. "Special Landscaped Areas" or "SLA" means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. "Sprinkler head" means a device which delivers water through a nozzle. "Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. "Station" means an area served by one valve or by a set of valves that operate simultaneously. "Swing joint" means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. "Turf' means a ground cover surface of mowed, infrequently mowed or no mow grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass, Mexican Feather grass, Muhly grass and Sedge grass are warm-season grasses. "Valve" means a device used to control the flow of water in an irrigation system "Water Efficient Landscape Ordinance" means Ordinance No. ,adopted by the City Council on 2009, and codified in the Municipal Code in [chapter/title/division/sections "Water Efficient Landscape Worksheets" means the worksheets required to be completed pursuant to Section 2.2 of these Standards and which are included in Appendix B hereof. "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection, or storm water best management practices that are not irrigated and used solely for water treatment or .storm water retention are not water features and, therefore, are not subject to the water budget calculation. "Watering window" means the time of day irrigation is allowed. 75A-60 "WUCOLS"' means the Water Use Classification of Landscape published by the University of California Cooperative Extension, the Department of Water Resources, and the Bureau of Reclamation, 2000. ~~~~vw.o~~JCr~.water.c~.c~c~v;'c~~F;s,'.vcrccts{70 75A-61 75A-62 bk:11 /30/09 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY'S WATER EFFICIENCY STANDARDS FOR PROPOSED DEVELOPMENT PROJECTS WITH SUBSTANTIAL LANDSCAPING 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. AB 1881 (2006), adopted as Chapter 559 of Statutes of 2006, required the State Department of Water Resources to prepare a model ordinance for cities and counties to set minimum standards for maximizing water efficiency in landscaping of new development projects. Under AB 1881, each city or county was given a deadline of January 1, 2010 to adopt its own ordinance, or alternatively to utilize the state model ordinance. B. The State Office of Administrative Law approved the State's updated Model Water Efficient Landscape Ordinance on September 10, 2009. C. This ordinance is designed to work together with Guidelines for its implementation, which are submitted concurrently and incorporated herein by this reference as though fully set forth. B. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. The City Council has, as a result of its consideration and the Ordinance No. NS-XXX 75A-63 Page 1 of 33 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, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. 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. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Section 41-240 of the Santa Ana Municipal Code is hereby amended to comply with AB 1881, such that it reads as follows (new language in underline, deleted language in strikeout for tracking purposes only): Sec. 41-240. Landscaping standards in the R1 district. In the R1 district, all yards shall be landscaped. Each residential unit shall meet the following minimum requirements: (a) Front yard: (1) One (1)twenty-four-inch box canopy tree. (2) All trees shall be double-staked. (3) Six (6) five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting. (4) Turf or acceptable dry climate ground cover: a. Turf shall be drought tolerant variety and planted as sod or hydroseed. b. Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material. Ordinance No. NS-XXX Page 2 of 33 75A-64 (b) Side yard: Corner lots shall require one (1)fifteen-gallon size tree for every thirty (30) linear feet of property abutting a street, plus six (6) five- gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street oriented yards. (c) Project perimeter walls: (1) Flowering vines shall be secured to a decorative masonry wall or wood fence material. (2) The vines shall be five-gallon size and be planted at twenty-foot intervals. They shall be secured to the walls with eye hooks and wire. (3) Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. (d) Irrigation system: (1) All planting areas must be designed with an automatic irriaation system. A pop-up sprinkler type irrigation system shall be provided for all yards for each residential unit. Drip, bubbler or other low gallonage systems may be used in buffer areas and narrow strips (2) The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (3) All irrigation systems shall be equipped with a controller capable of dual or multiple station programming (e) Screening: (1) All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the residential structure. (2) Any enclosed structure for utilities must not encroach into any required setback. (f) Maintenance: All plant material shall be maintained per section 41- 609 of this chapter. (q) Landscaping shall be installed and maintained in compliance with Article XVI of this Chapter pertaining to water conservation Ordinance No. NS-XXX 75A-65 Page 3 of 33 Section 4. Section 41-256 of the Santa Ana Municipal Code is hereby amended to comply with AB 1881, such that it reads as follows (new language in underline, deleted language in strikeout for tracking purposes only): Sec. 41-256. Landscape standards for the R-2 district. In the R2 district, all yards shall be landscaped. Each residential unit shall meet the following minimum requirements: (a) Front yard: (1) One (1)twenty-four-inch box canopy tree. (2) All trees shall be double-staked. (3) One (1) tree species for up to five (5) dwelling units and an additional tree species for each increment of five (5) units. (4) Six (6) five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting. (5) Turf or acceptable dry climate ground cover: a. Turf shall be drought tolerant variety and planted as sod or hydroseed. b. Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material. (b) Side yard: Corner lots shall require one (1)fifteen-gallon size tree for every thirty (30) linear feet of property abutting a street plus six (6) five- gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street oriented yards. (c) Rear yard: A buffer shall be provided for privacy from adjoining property. A hedge or vines on a fence are satisfactory screens. (d) Project perimeter walls: (1) Flowering vines shall be secured to a decorative masonry wall or wood fence material. (2) The vines shall be five-gallon size and be planted at twenty-foot intervals. They shall be secured to the walls with eye hooks and wire. Ordinance No. NS-XXX Page 4 of 33 75A-66 (3) Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. (e) Irrigation system: (1) All planting areas must be designed with an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards for each residential unit. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips (2) The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (3) All irrigation systems shall be equipped with a controller capable of dual or multiple station programming. (f) Screening: (1) All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the residential structure. (2) Any enclosed structure for utilities must not encroach into any required setback. (g) Maintenance: All plant material shall be maintained per section 41- 609 of this chapter. (h) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter pertaining to water conservation Section 5. Section 41-272.02 of the Santa Ana Municipal Code (R3 zoning district standards) is hereby amended to comply with AB 1881, such that it reads as follows (new language in underline, deleted language in strikeout for tracking purposes only): Sec.41-272.03. Landscaping. (a) All required 9-setback areas, required open spaces around the perimeter of buildings and the required parking areas unless specified in the provisions of this district r12;o~~N~„ont +h + h..+~ ~ + shall be completely landscaped, except for vehicular and pedestrian accessways. Ordinance No. NS-XXX 75A-67 Page 5 of 33 (b) Prior to the issuance of any building permit for the construction of a multiple-family dwelling development, the developer shall submit to the city, and the planning division shall approve, a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council. (c) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. (d) Procedures for the approval and amendment of landscaping plans shall be established by the planning division. I (e) Vehicular parking may not be located within any required landscaped area. (f) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes Pop up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety Drip bubbler or other low gallonage systems may be used in buffer areas and narrow strips Sleeving must be called out wherever irrigation pipes are installed under hardscape. (g) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter pertaining to water conservation Section 6. Section 41-272.02 of the Santa Ana Municipal Code (Townhouse zoning district standards) is hereby amended to comply with AB 1881, such that it reads as follows (new language in underline, deleted language in strikeout for tracking purposes only): Sec. 41-288. Landscaping. All yards shall be landscaped. Each townhouse shall meet the following minimum landscaping standards: (a) Front yard: (1) One (1)twenty-four-inch box canopy tree. (2) All trees shall be double-staked. (3) Six (6) five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting. Ordinance No. NS-XXX Page 6 of 33 75A-68 (4) Turt or acceptable dry climate ground cover: a. Turf shall be drought tolerant variety and planted as sod or hydroseed. b. Ground cover shall be well-rooted cuttings from flats and planted as appropriate spacing for that particular plant material. (5) Root barriers shall be required on all trees. (b) Side yard: Corner lots shall have one (1) fifteen-gallon size tree for every thirty (30) linear feet of property abutting a street plus six (6) five- gallon size shrubs as a foundation planting. Root barriers shall be required on all trees planted along the street oriented yards. (c) Project perimeter walls: (1) Flowering vines shall be secured to a decorative masonry wall or wood fence material. (2) The vines shall be five-gallon size and be planted at twenty-foot intervals. They shall be secured to the walls with eye hooks and wire. (3) Espaliered shrubs, fruit trees, or other ornamental trees may be substituted for the flowering vines. (d) Irrigation system: (1) All planting areas must be designed with an automatic irrigation system. A pop-up sprinkler type irrigation system shall be provided for all yards. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips (2) The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (3) All irrigation systems shall be equipped with a controller capable of dual or multiple station programming I (e) Screening: (1) All meters shall be appropriately screened from public view with trellis work and vines, a hedge type shrub or be incorporated into the residential structure. Ordinance No. NS-XXX 75A-69 Page 7 of 33 (2) Any enclosed structure for utilities must not encroach into the required setback. (f) Maintenance: All plant material shall be maintained per section 41- 609 of the Santa Ana Municipal Code. (q) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter pertaining to water conservation Section 7. Section 41-316 of the Santa Ana Municipal Code (P zoning district standards) is hereby amended to comply with AB 1881, such that it reads as follows (new language in underline, deleted language in strikeout for tracking purposes only): Sec. 41-316. Landscaped area. (a) Front. There shall be a landscaped front yard area of not less than fifteen (15) feet. (b) Side. There shall be a landscaped side yard area of not less than five (5) feet. On corner lots, the landscaped side yard shall not be less than fifteen (15) feet. (c) Rear. There shall be a landscaped rear yard area of not less than ten (10) feet if the lot abutting on the rear property line is a parcel used or zoned for residential purposes. There shall be a landscaped rear yard of not less than five (5) feet in all other cases. (d) Vehicular parking may not be located within any required landscaped area. (e) Prior to the issuance of any building permit the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council (fl Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. I ~q) Procedures for the approval and amendment of landscaping plans shall be established by the planning division ~h) All planting areas must be desianed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes Pop up Ordinance No. NS-XXX Page 8 of 33 75A-70 sprinklers shall be used in all areas other than installations against foundations for the sake of public safety Drip bubbler or other low gallonage systems may be used in buffer areas and narrow strips Sleeving must be called out wherever irrigation pipes are installed under hardscape. (i) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter pertaining to water conservation Section 8. Section 41-372 of the Santa Ana Municipal Code (C1 zoning district standards) is hereby amended to comply with AB 1881, such that it reads as follows (new language in underline, deleted language in strikeout for tracking purposes only): Sec. 41-372. Landscaping requirements in the C1 district. (a) A landscaped area not less than fifteen (15) feet wide shall be maintained along any property line to the extent it abuts a street, except at approved driveways. (b) A landscaped area not less than five (5) feet wide shall be maintained along any property line to the extent it serves to separate property zoned or used for residential purposes from any off-street parking area. (c) Vehicular parking may not be located within any required landscaped area. (d) Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council. (e) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. (f) Procedures for the approval and amendment of landscaping plans shall be established by the planning division. (q) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes Pop up sprinklers shall be used in all areas other than installations aaainst foundations for the sake of public safety Drip bubbler or other low Ordinance No. NS-XXX Page 9 of 33 75A-71 gallonage systems may be used in buffer areas and narrow strips Sleeving must be called out wherever irrigation pipes are installed under hardscape. (h) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation Section 9. Section 41-444 of the Santa Ana Municipal Code (CR zoning district standards) is hereby amended to comply with AB 1881, such that it reads as follows (new language in underline, deleted language in strikeout for tracking purposes only): Sec. 41-444. Site development standards. (i) Landscaping. (1) All required setback areas, required open spaces around the perimeter of buildings, and the required parking landscaped areas, unless otherwise specified in the provisions of this district, shall be landscaped and maintained according to approved plans. +red-~ ;~l;ea~-rn-~iat~"r-Required setback areas abutting properties zoned for exclusively residential purposes shall be planted with +rfeP~ ^F + ~~~,,.;,e ~i=G-app-sela~R~--as-~be~~one (1) tree to be provided for each fifteen (15) linear feet of abutment. (2) Landscaping shall consist of lawn, trees, shrubs, or other plant materials, and may include the following decorative elements where an integral part of a landscape scheme is comprised primarily of plant materials: (i) Fountains, ponds, sculptures and planters. (ii) Screen-type masonry walls forty-two (42) inches in height. (iii) Wrought iron or other types of open work metal fences, exclusive of chain link, provided that the component solid portions of a fence do not constitute more than twenty (20) per cent of the total surface area of its face. Such fences shall have a maximum of six (6) feet. Ordinance No. NS-XXX Page 10 of 33 75A-72 (4) Vehicular parking may not be located within anv required landscaped area. (5) Prior to the issuance of anv building permit the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council. (6) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manaaer of the development. (7) Procedures for the approval and amendment of landscaping plans shall be established by the planning division. (8) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety Drip bubbler or other low gallonage systems may be used in buffer areas and narrow strips Sleeving must be called out wherever irrigation pipes are installed under hardscape. (9) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter pertaining to water conservation Section 10. Section 41-477 of the Santa Ana Municipal Code (M1 zoning district standards) is hereby amended to comply with AB 1881, such that it reads as follows (new language in underline, deleted language in strikeout for tracking purposes only): Sec. 41-477. Landscaping. Front yard: (a) One (1) twenty-four-inch box canopy tree shall be provided for each twenty-five (25) linear feet of front yard (exclusive of driveways). Such trees may be placed in clusters. (b) Six (6) five-gallon size shrubs shall be provided per twenty-five (25) linear feet of front yard (exclusive of driveways). As an alternative, the use of three (3) five-gallon size shrubs and ten (10) one-gallon shrubs is acceptable provided the plant material adds color and variety to the design. Ordinance No. NS-XXX Page 11 of 33 75A-73 (c) The front yard shall be planted in turf or acceptable dry climate ground cover. A ground cover is required in shrub areas and as accents in small pockets. Redwood header boards or similar barriers shall be placed between turf and other plant materials. (d) Berms in the front yard having more than a 4:1 slope shall be planted in ground cover. Turf is not acceptable. (e) When parkway trees are required by the city, they shall be integrated with the onsite landscape plan to ensure proper spacing and species selection. (f) A minimum five-foot wide landscape strip shall be planted and maintained where the off-street parking area abuts any public street, except at approved driveways. Parking area: (g) In parking areas available to parking by the general public, a landscape planter shall be provided for every ten (10) parking spaces. Each planter shall have minimum dimensions of six (6) feet in width and eighteen (18) feet in length including concrete curbing. Each planter shall be bordered on two (2) sides minimum by parking area. The planter strips shall run parallel to the parking spaces and be consistently spaced throughout the parking area. Each planter shall require one (1) fifteen- gallon size tree, five (5) five-gallon shrubs plus ground cover. (h) In lots that are solely used by employees of the company, a landscape planter shall be provided for every five (5) consecutive parking spaces. Each planter shall have minimal dimension of four (4) feet by four (4) feet, including concrete curb. Each planter shall require one (1) fifteen- gallon size tree and a suitable ground cover or low growing shrubs. These planters may be located between parking spaces so as to maximize the amount of available space for parking. Planters may also be consistent with general parking landscape requirements. Each parking area shall be enclosed by perimeter planters abutting the lot or parking spaces, except for the driveways. (i) The choice of plant material shall be trees and/or shrubs, with a ground cover in keeping with the size and limitations of the area. Ground covers alone are not acceptable. A minimum of one (1)fifteen-gallon tree shall be provided for each ten (10) parking spaces, or portion thereof. (j) Parking areas shall be designed so that parked vehicles shall not encroach into landscape areas. Ordinance No. NS-XXX Page 12 of 33 75A-74 Buffer: (k) A landscaped planter of a width not less than ten (10) feet is required along any interior lot line to the extent such lot line abuts any property which is neither zoned for industrial uses, nor indicated on the general plan of the city as planned for industrial purposes. General: (~I) A plant list shall be shown on the required plot plan to obtain a building permit for the building for which the parking area is provided. The list shall include the botanical and common names of the plant to be used, the sizes to be planted, and the quantity of each. The plants shall be listed alphabetically and assigned key numbers to be used in locating the plants on the plan. (gym) All required yards shall be landscaped and maintained at all times. (en) Redwood chips, decorative stone and other inorganic materials are not acceptable substitutes for ground cover or turf. ($o) All trees in parking areas shall be placed in root barriers. (qp) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes. Pop-up sprinklers shall be used in all areas other than installations against foundations for the sake of public safety. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. Sleeving must be called out wherever irrigation pipes are installed under hardscape. (~q) The landscaping shall be contained in planting areas that are enclosed by minimum six-inch high concrete curbs. (sr) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter, pertaining to water conservation. (ts) Compliance with all provisions of this section shall be required except for minor modifications approved by the planning division. Ordinance No. NS-XXX 75A-75 Page 13 of 33 (mot) All appurtenances, such as transformers, backflow preventers, trash enclosures, signage, meters, and lights, shall be shown on landscape plans and screened with plant materials. Section 11. Section 41-528 of the Santa Ana Municipal Code (CSM zoning district standards) is hereby amended to comply with AB 1881, such that it reads as follows (new language in underline, deleted language in strikeout for tracking purposes only): Sec. 41-528. Landscaping requirements. (a) When no building is present on the site, a minimum five (5) foot landscaped area along the front property line shall be required for any proposed development. (b) A landscaped area not less than five (5) feet wide shall be maintained along any property line to the extent it serves to separate property zoned or used for residential purposes from any off-street parking area. (c) Vehicular parking may not be located within any required landscaped area. (d) Prior to the issuance of any building permit, the developer shall submit to the city and the planning division shall approve a landscape plan that conforms to the requirements of this section and to standards for landscaping approved by the city council. (e) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. (f) Procedures for the approval and amendment of landscaping plans shall be established by the planning division. (q) All planting areas must be designed with an automatic irrigation system. Modifications shall be allowed for dry climate landscapes Pop up s~nnklers shall be used in all areas other than installations against foundations for the sake of public safety Drip bubbler or other low gallonage systems may be used in buffer areas and narrow strips Sleeving must be called out wherever irrigation pipes are installed under hardscape. (h) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter pertaining to water conservation Ordinance No. NS-XXX Page 14 of 33 75A-76 Section 12. Section 41-813 of the Santa Ana Municipal Code (mobile home park standards) is hereby amended to comply with AB 1881, such that it reads as follows (new language in underline, deleted language in strikeout for tracking purposes only): Sec. 41-813. Landscaping. ~ A landscape plan shall be submitted to the planning department for approval. Said landscaping plan shall consist of the size, type and location of all trees, shrubs, and ground cover areas in the mobile home park site and shall include one tree per mobile home site and shall conforms to the requirements of this section and to standards for landscaping approved by the city counal.. A system of irrigation or sprinkling of landscaping shall be indicated on the plan. All landscaping shall be permanently maintained. (c) Vehicular parkina may not be located within any required landscaped area. I (d) Landscaping shall be installed and maintained in accordance with the approved landscaping plan by the owner(s) and manager of the development. (e) Procedures for the approval and amendment of landscaping plans shall be established by the planning division I (f) All planting areas must be desianed with an automatic irriaation system. Modifications shall be allowed for dry climate landscapes Pop up sprinklers shall be used in all areas other than installations against foundations for the sake of aublic safety Drip bubbler or other low gallonage systems may be used in buffer areas and narrow strips Sfeevina must be called out wherever irrigation pipes are installed under hardscape. ~q) Landscaping shall be installed and maintained in compliance with Article XVI of this chapter pertaining to water conservation Section 13. Article XVI of Chapter 41 of the Santa Ana Municipal Code is hereby deleted in its entirety (existing language shown in strikeout for tracking purposes only): Ordinance No. NS-XXX Page 15 of 33 75A-77 ~~Fa6~f62~ +h ' th ~'~~r~~l~flE~Fe~-{~~d~~F2-~@~+crm-a~°cLr Ordinance No. NS-XXX Page 16 of 33 75A-78 sue.-41, eh~ll moo} }ho fnllnuiinn rent ~irnmon} - .,...,......y ,..y..~~~v~.~.~ 1Co~~ ~h-±II he n.+n~hln of ~+i•lr+n}.+}inn +n C + 7 ~r1 .J n~f M ~h~+ll ho ~ ~ o.•l uihero .+~~"•L+hl v~ yawn wv - Ordinance No. NS-XXX 75A-79 Page 17 of 33 ~7~Li,rrtr~iT[ty n hill ~n~+ II~,J rrl nne ~~ii+h +ho JJ ~~~~~c~~7~~~~ ruirkit~rr~sChrC'tl-ftt-CtEr6ercrCtrrw-vrrrrrzrTc s ~ro~~ le~~ +h~+n vinh+ /S2\ foe+ ~~rirle . ............y... ~vv~ rrrc~~ within tcra?i, L~n~~ + nf~-•~o~c 2e1' E~~fA~6R ~~~-~}2S-d~C~E~~&~2C~-~F1a @S3' ~''.z..; ~-Q I'.~ r"ywTr pro rcn~ ~iror) fnr +ro r r h~ ~h o +ho mne.+ ~F' + mo+h r\i+ fnr ..I ~~,-DES ~~~E?,-S H,--x.~~ ~2FS ~Fz~, ~ei~+erinn c+hn ~h~ irn'n.++ir~n~~i~+em~ Ordinance No. NS-XXX Page 18 of 33 75A-80 dw~r!°" 4hc f~llnuiinn i4om~• i ~ ~ ~ e f° e e e e i ~ s ~ e ~ etc7rJinn .,f e.l~nec• .+nr! ...I.. ~ e ~ Ordinance No. NS-XXX Page 19 of 33 75A-81 ~.3;--~r~ai~~waa~s~ c ~n re~iie~~i nr~necc ~IGAa Dl.+r.} w. }ewi 1 s ~ hlick'.....i' i Ordinance No. NS-XXX Page 20 of 33 75A-82 11 11 1 f 1 1 1 i Qnl 11\ /7 h} M G7PGTGTTT 1 1 1 1 +he~ oes--111 1 a1~;^~^~~r+rrma~r+a- Ordinance No. NS-XXX Page 21 of 33 75A-83 fk?e~la~dsEa~e- irrin ~+}inn w~}em ~ ~ i 4 ~~~~-s~ar~fae#=-ewe-as~e r~f~ - eye-feed #ee~-} s~ape: Ordinance No. NS-XXX Page 22 of 33 75A-84 • , ##e-sa~e~e~+r~: anF~m~int~in~ c~~~+e.,,~ ..._...._....,....r,~=~~ nrv+i~nro r`r c~r~rinLlere. f +6. ~ v Ordinance No. NS-XXX Page 23 of 33 75A-85 n /CTn\/n Q\/I n\/n uihore - ~rvJ~o vJ~~-c~v-v~cr~, - I ..n'Jgn•+r~erl .~ro.+ /~rr~ ir.ro fco~\ n rr IL4ea~st~~rr~ -mews s--Qe~is-sar~~neasb Aaa- ~rF,.,.e~ ~a ~ .z.~T Ordinance No. NS-XXX Page 24 of 33 75A-86 irrin~±}iron w~}om ulhen i} r.+in~ v~vav , 11 II 6AR~K~9F I I I , ~A ~F6k1 ~A~f ~ no,~~,~ Z?-9 4~ ~I ~fl~6I~IT +hrsrrc ~v,r Ordinance No. NS-XXX Page 25 of 33 75A-87 w~7,4er ~ rlec~inn.~}or! r+ror+ C'f~fir+n rv~c~+r~e '+n .+re.. iorl h~i nn~ ~i~ye ~r h~i nc+ ~f ~i Ivoc~ }k i ~ ~ ~ ~ M Y V V -iT"fGfL 1 Section 14. The following is hereby added to the Santa Ana Municipal Code as Article XVI of Chapter 41(new text shown in underline). ARTICLE XVI. WATER EFFICIENT LANDSCAPE STANDARDS Sec. 41-1500. Purpose ~a) The State Legislature has found that (1) the waters of the State are of limited supply and are subject to ever increasina demands (2) the continuation of California's economic prosperity is dependent on the availability of adeauate supplies of water for future uses: (3) it is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource: (4) landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water Ordinance No. NS-XXX Page 26 of 33 75A-88 preventing erosion offerina fire protection and replacing ecosystems lost to development (5) landscape design installation maintenance and management can and should be water efficient and (6) Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use of water Sec. 41-1501. Applicability Via) Beginning January 1 2010 all planting irrigation and landscape related improvements required by this Article shall apply to the following landscape projects (1) new landscape installations or landscape rehabilitation projects by public agencies or private non-residential developers, except for cemeteries with a landscaped area including pools or other water features but excluding hardscape, equal to or greater than 2 500 square feet and which are otherwise subject to a discretionary approval of a landscape plan or which otherwise require a ministerial permit for a landscape or water feature (2) new landscape installations or landscape rehabilitation projects by developers or property managers of single family and multi-family residential projects or complexes with a landscaped area including pools or other water features but excludina hardscape equal to or greater than 2 500 square feet, and which are otherwise subject to a discretionary approval of a landscape plan or which otherwise require a ministerial permit for a landscape or water feature ~3) new landscape installation projects by individual homeowners on single-family or multi-family residential lots with a total project landscaped area including pools or other water features but excluding hardscape equal to or greater than 5,000 square feet and which are otherwise subject to a discretionary approval of a landscape plan or which otherwise require a ministerial permit for a landscape or water feature: A landscape rehabilitation project is subject to the requirements of this Article where (i) the modified landscaped area is greater than 2 500 square feet and Ordinance No. NS-XXX Page 27 of 33 75A-89 represents at least 50% of the total landscaped area and (ii) the modifications are planned to occur within one year The requirements of the Standards may be partially or wholly waived, at the discretion of the city for landscape rehabilitation proiects that are limited to replacement plantings with equal or lower water needs and where the irrigation system is found to be designed operable and programmed consistent with minimizing water waste in accordance with local water purveyor regulations (b) This Article does not apply to~ (1) registered local state or federal historical sites or other sites exempted by applicable federal or state law (2) ecological restoration proiects that do not require a permanent irrigation system~ (3) mined-land reclamation proiects that do not require a permanent irrigation system~ or (4) plant collections as part of botanical gardens and arboretums open to the public Sec. 41-1502. Imulementation Procedures (a) Prior to installation a Landscape Documentation Package shall be submitted to the Citv for review and approval of all landscape proiects subject to the provisions of this Article Any Landscape Documentation Package submitted to the City shall comply with the provisions of the Standards (b) The Landscape Documentation Package shall include a certification by a professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the licensed professional and are certified to be in compliance with the provisions of this Article and the Standards ~1) Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations. 12) Water use calculations shall be consistent with calculations contained in the Standards and shall be provided to the City under procedures determined by the City (3) Verification of compliance of the landscape installation with the approved plans shall be obtained through a Certification Ordinance No. NS-XXX Page 28 of 33 75A-90 of Completion in conjunction with a Certifir•atA n ccupancv Permit Final or Notice of Com letion rocess as rovided in the Standards. Sec. 41-1503. Landsca a Water Use Standards (a) For applicable landscape Installation ~r r ,ehabilitation projects subject to Section 41 1501(a) of this C'~dP tho ~~f;.~, ~ Water Use allowed for the landsca ed area shall not exceed the MAWA calculated usin an ET ad"ustment factor of 0.7 exce t for special landscaped areas where the MAWA is calculated using an ET adjustment factor of 1.0 or the design of the landscaped area shall otherwise be shown to be a uivalentl water-efficient in a manner acce table to the Cit ~ as rovided in the Standards. (b) Irriaation of all landscaped areas chair ho ~ conformin to the rules and re uirements and shall be sub ect to penalties and incentives for water conservation and water waste prevention as determined and implemented by the Cit_v_ Sec. 41-1504. Definitions The following definitions are applicable to tnic artir~o "A /red water" means the ortion of water su ~ lied b the irri ation s stem to the landscape "Bud et-based tiered-rate structure" means tiered or block rates for irri ation accounts char ed b the retail water a enc in which the block definition for each customer is derived from lot size or irri ated area and the eva otrans iration requirements of landcrapina "Ecolo ical restoration ro "ecP' means a ro'ect where the site is intentional) altered to establish a defined indi enous historic ecos stem. "Estimated A lied Water Use" means the avers a annual total amount of water estimated to be necessa to kee )ants in a health state calculated as rovided in the Standards. It is based on the reference eva otrans iration rate the size of the landsca a area last water use factors and the relative irri ation efficiency of the irriaation s stem "ET ad'ustment facto" or "ETAF' is a ual to the )ant factor divided b the irri ation efficienc factor for a landsca a ro "ect as described in the Standards. The ETAF is calculated in the context of local reference eva otrans iration usin site-s ecific )ant factors and irri ation efficienc factors that influence the amount of water that needs to be a lied to the s ecific landsca ed area. A_ combined )ant mix with asite-wide averse )ant factor of 0.5 indicatin a moderate water need and avers e irri ation efi`icienc of 0.71 roduces an ET ad"ustment factor of 0.7 = 0.5/0.71 which is the standard of water use Ordinance No. NS-XXX Page 29 of 33 75A-91 efficienc enerall re uired b this Article and the Standards exce t that the ETAF for a special landscape area shall not exceed 1 0 "Standards" refers to the Standards for Im lementation of this Article as ado ted by the City which describes procedures calculations and requirements for landscape projects subject to this Article "Hardsca es" means an durable material or feature envious and non- envious installed in or around a landsca ed area such as avements or walls. Pools and other water features are considered art of the landsca ed area and not considered hardscapes for purposes of this Article "Homeowner installed landsca e" means an landsca in either installed b a private individual fora single family residence or installed by a Incensed contractor hired b a homeowner. A homeowner for ur oses of this Article is a person who occupies the dwelling he or she owns This definition excludes speculative homes which are not owner occupied dwellings and which arP subject under this Article to the requirements applicable to developer installed residential landscape projects Irrigation efficienc?' means the measurement of thA a?„ used divided b the amount of water a lied. Irr~ anon efficienf c asede ved from measurements and estimates of irri anon s stem characteristics and management practices The minimum average irrigation efficiency for purposes of this Article is 0 71. Greater irri anon effiaenc can be ex ected from well designed and maintained systems "Landsca ed area" means all the lantin areas turf areas and water features in a landsca a desi n Ian subject to the Maximum A lied Water Allowance and Estimated A lied Water Use calculations. The landsca ed area does not include foot rints of buildin s or structures sidewalks drivewa s arkin lots decks atios ravel or stone walks other envious or non- envious hardsca es and other non-irri ated areas desi Hated for non-develo ment e. o en spaces and existing native vegetation). "Landsca e contractor" means a erson licensed b the State of California to construct maintain re air install or subcontract the develo ment of landsca e s stems. "Landsca e Documentation Packa e" means the documents re uired to be provided to the City for review and approval of landscape ciP described m the Standards. sign projects as "Landsca e ro ~ecY' means total area of landsca a in a ro'ect as rovided in the definition of "landsca ed area " meetin the re uirements under Section 41- 1501 of this Code. Ordinance No. NS-XXX Page 30 of 33 75A-92 75A-93 75A-94 "Local water purveyor" means any entity including a public agency city county or private water company that provides retail water service within the City of Santa Ana. "Maximum Applied Water Allowance" or "MAWA" means the upper limit of annual applied water for the established landscaped area as specified in Section 2 2 of the Standards. It is based upon the area's reference evapotranspiration the ET Adjustment Factor, and the size of the landscaped area The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance "Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. "New construction" means for the purposes of this Article anew building with a landscape or other new landscape such as a park playground or greenbelt without an associated building. "Non-pervious" means any surface or natural material that does not allow for the passage of water through the material and into the underlvinq soil "Pervious" means any surface or material that allows the passage of water through the material and into the underlvinq soil "Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscape "Plant factor" or "plant water use factor" is a factor when multiplied by ETo that estimates the amount of water needed by plants For purposes of this Article the plant factor range for low water use plants is 0 to 0 3' the plant factor range for moderate water use plants is 0.4 to 0 6' and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this Article are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species." "Recycled water" or "reclaimed water" means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants ETo is given expressed in inches per day month or year as represented in Appendix A of the Standards, and is an estimate of the evapotranspiration of a large field of four to seven-inch tall, cool-season grass that is well watered Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances. Ordinance No. NS-XXX Page 31 of 33 75A-95 "Rehabilitated landscape" means any re-landscaping project that meets the applicability criteria of Section 1.1(a), where the modified landscape area is greater than 2,500 square feet, is 50% of the total landscape area and the modifications are planned to occur within one year. "Smart automatic irrigation controller" means an automatic timing device used to remotely control valves that operate an irrigation system and which schedules irrigation events using either evapotranspiration (weather-based) or soil moisture data. "Special landscape area" means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields golf courses and where turf provides a playing surface. "Turf' means a ground cover surface of mowed infrequently mowed no mow grass, or synthetic turf which meets or exceeds the Standards set forth in the Guidelines. Annual bluegrass Kentucky bluegrass Perennial ryegrass Red fescue, and Tall fescue are cool-season grasses. Bermuda grass Kikuyu grass Seashore Paspalum, St. Augustine grass Zoysia grass Buffalo grass Mexican Feather grass, Muhly grass, and Sedge grass are warm-season grasses "Valve" means a device used to control the flow of water in an irrigation system "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds lakes waterfalls fountains, artificial streams spas and swimmina pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and therefore are not subject to the water budget calculation. Section 15. 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. ADOPTED this day of , 2009 Ordinance No. NS-XXX Page 32 of 33 75A-96 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief 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-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 Ordinance No. NS-XXX Page 33 of 33 75A-97 75A-98 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended APPROVAL OF PREDEVELOPMENT ? As Amended AGREEMENTS FOR THE STATION DISTRICT ? Ordinance on 1st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO f f ' ? FILE NUMBER CITY MANAGER EXECUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION Authorize the City Manager and Clerk of the Council to execute the attached Predevelopment Agreement between the Community Redevelopment Agency of the City of Santa Ana, the City of Santa Ana, The Related Companies of California, LLC, a California limited liability company and Griffin Realty Corporation, a California Corporation (jointly, the "Developer") for the strategic planning and development of the overall Station District. COMMUNITY REDEVELOPMENT AGENCY ACTION Authorize the Executive Director and Agency Secretary to execute the attached Predevelopment Agreements between the Community Redevelopment Agency of the City of Santa Ana, the City of Santa Ana, The Related Companies of California, LLC, a California limited liability company and Griffin Realty Corporation, a California Corporation (jointly, the "Developer") for: 1)the development of 48 Agency-owned parcels in the Station District; and 2)the strategic planning and overall development of the Station District. DISCUSSION On August 17, 2009, the Agency approved the selection of Related California/Griffin Realty Corporation ("Developer") as the master 80A-1 Station District Predevelopment Agreements December 7, 2009 Page 2 developer for the Station District and authorized the Executive Director to negotiate and enter into a Predevelopment Agreement for planning and development purposes. The Station District is a 94-acre area anchored by the Santa Ana Regional Transportation Center and numerous parcels the Agency/City have acquired over the past 10 years along the Santa Ana Boulevard corridor (see Exhibit 1). This corridor is a key connection from the I - 5 f reeway into the Downtown, and wil l also serve as a major transportation link for the planned Go Local Fixed Guideway System. Upon selection, the Developer began working with staff to negotiate the terms of the predevelopment agreement(s), while moving forward with the initial community outreach effort, which entailed gathering input on the development of the 48 Agency-owned parcels (approximately 6.76 acres) as well as the larger Station District enhancement strategy. Given the differing time frames and particulars associated with these two areas of focus, separate predevelopment agreements are proposed for the 48 parcels and the Station District as a whole. The Agency Parcels Predevelopment Agreement calls for the parties to negotiate (for up to two years), the terms and conditions of one or more agreements in which the Developer will obtain the right to acquire and develop the Agency parcels. The project is to take into consideration the affordable housing goals of the City and Agency, community input, design and economic feasibility. The development is anticipated to be predominantly multi-family residential rental units with a blending of single family for sale product. Provisions for open space and/or community-serving facilities, as well as retail/service and/or live-work components will also be considered. The concept plan is underway, and anticipated to be presented for community input in January. During the term of the Agreement, a scope and schedule of development, detailed project pro forma and financing plan will be negotiated. The developer will also be responsible for submitting and processing applications for all necessary entitlements for the development. The Developer will be advancing all third-party consultant costs (except CEQA or NEPA costs which are the responsibility of the Agency) for the outreach, site planning and development services. The Agency will have an obligation to reimburse the third-party costs associated with the Agency-owned parcels to a maximum of $200,000 if the Agency fails to approve a Disposition and Development Agreement. It is anticipated the entitlements for the 48 parcels will be finalized by June 2010 in order to meet the affordable housing tax credit application deadline. The strategy for the larger district area will be developed concurrently; however, given the more extensive land area and 80A-2 Station District Predevelopment Agreements December 7, 2009 Page 3 the need to coordinate with the transit planning studies, the time frame for the end product will follow the planning effort for the 48 parcels. Accordingly, the predevelopment agreement for the Station District master development strategy calls for the parties to negotiate for up to three years on properties within the larger area (see Exhibit 2) with the provision for extension subject to Agency approval. As part of this agreement, the Developer is to spearhead community outreach efforts, and work with the Agency/City to conduct design and financial feasibility studies to determine viable options for district development and enhancement opportunities, particularly in the context of the transit plans for the area. The Station District strategy is to focus on such areas as: enhancing the neighborhood by creating a true sense of place and by providing a connection between the downtown and the growing transit corridor; creating a sustainable, walkable neighborhood with integrated transit and a mix of uses and incomes, where market rate and affordable housing are physically indistinguishable; identifying neighborhood retail/service opportunities and needed infrastructure; linking neighborhoods and businesses with public transit; enhancing public spaces and streets; and containing a viable implementation strategy, including a schedule of performance. As with the Agency-owned parcels, the developer will be advancing all third-party consultant costs (except CEQA or NEPA costs which are the responsibility of the Agency) for outreach and planning and development services. The Agency will only have the obligation to reimburse the actual third-party costs associated with the Station District area (exclusive of the 48 parcels) to a maximum of $100,000 if the Station District master development strategy is not approved by the Agency, or if the Agency fails to enter into at least one Disposition and Development Agreement for an identified development site. Thus, the Agency's total potential reimbursement to the developer cannot exceed $300,000. ENVIRONMENTAL COMPLIANCE Developer negotiations and preparation of a conceptual development plan do not constitute a project under CEQA guidelines. FISCAL IMPACT There is a potential fiscal impact of up to $300,000 associated with this action. Funds are available in the Improvement Other Than Buildings account (no. 50718830-66220). 80A-3 Station District Predevelopment Agreements December 7, 2009 Page 4 APPROVED AS TO FUNDS AND ACCOUNTS: Cynthia J. Nelson Francisco Gutierrez Deputy City Manager for Executive Director Development Services Finance & Management Services Agency Community Development Agency CJN/SG/kg 80A-4 i r ~ c~. a ' .~v '~E.....- ...E ~ ~ ~ k; i, ~ ~ ~ p ~ ~ ~ ~ ~ ~y ~ 5 ~ ~ ~ ? o ~ 3 ~v, . o a q - „ . ~ _ .C N o ~ ~ t f ~ I _ _ p n .a } , .Ti~~;, _ ~ ~ , Fit. ~ { ~ i •C ~ r _ r + ~ - ~ , F ~ T mss.;,. ~ - t i, ,'v, 4. S~ . i ~ ~ phi ~ . '~,4C*~, M 't 1_ b~ ~4~ • ~ ~ S f ~ r_"~y~ ~ . ~a' rte', r~~ i - ~ ~ t.; _ Yet{ ~ ',.k... F w ~ ~ t" F ~ _ ? L - 7 : _ ' ~ I ~ i e , ~ , _ I: ;y , ~ ~ ~ ~ 8E,~ct-Li b i~1 I I ~ . . - ~ -r. , ~ _ _~_t+'~_ m r a ~ ~ , . . ~ ~ d ~ _ F n 0 ~N F" - y~`" A ~i- A• ~ - . I - • ~ ~ ~ ~ • Y i ~ f ~ a ~ I ~ ~ - ~°~i:.~ ~ ' ~ c • 1 , .s ~ N r ~ ~ ~N F, - .a_ ti, t'` _ ~ " - yT. h ~ ~ n rK. ~i. ~r d.. ~ .'.~j~ • i~~ 3' ~..r 4 Y 4 ~1t may; .~i.,. ~ i c a ¦ Y ~ -1- S i _.:C T,A . « . : Ts`:1jY[I ~ r- ' - l ,,4~ ~ ~C.. r , lN'~ _ ~ ti ' _ z. p' Exhibit 2 80A-6 PREDEVELOPMENT AGREEMENT -DISTRICT MASTER DEVELOPMENT PLAN This Predevelopment Agreement ("Agreement") is entered into as of December 2009 (herein referred to as the Effective Date) by and between Community Redevelopment Agency of the City of Santa Ana (the "Agency"), the City of Santa Ana (the "City") and The Related Companies of California, LLC, a California limited liability company and Griffin Realty Corporation, a California Corporation (jointly, the "Developer") on the terms and provisions set forth below and with reference to the following. RECITALS A. The Agency is studying redevelo ment of a ortion of its mer ed ro~ect area p p 9 p 1 « consisting of approximately 94 acres (the District) in conjunction with studies being undertaken by the City for new transportation projects in and around the Santa Ana Regional Transportation Center (the "SARTC"). The District including the SARTC are depicted in Exhibit A hereto which is incorporated herein by this reference; and, B. The Developer has submitted a proposal to assist the Agency in strategic planning with respect to the District; and, C. The Developer also seeks to be designated as the developer of development parcels within the District owned or to be acquired by the Agency or the City; and, D. Under separate agreement the Agency and Developer have entered into an predevelopment agreement covering approximately 48 parcels of land constituting approximately 6.76 acres owned by the Agency within the western part of the District (the "Agency Parcel Agreement") which is not part of this Agreement. NOW, THEREFORE, the Agency and the Developer hereby agree as follows: 1. Nature and Identity of the Developer The Developer is currently composed of The Related Companies of California, LLC and Griffin Realty Corporation.Subject to the terms of Section 15 hereof, this Agreement may be assigned to a single purpose developer entity controlled by Related and Griffin. 2. City and Agency Planning Process. The Agency and the City intend to undertake a strategic transportation and land use planning process for the District. The City has obtained funds from the Orange County Transportation Authority (the "OCTA") as part of the "Go Local" transportation project. 1 80A-7 3. Role of Developer. The Developer agrees to: A. Work with the Agency and the City to conduct design and financial feasibility studies to determine viable options for District development and enhancement opportunities in the context of the transportation plans to be developed with the OCTA and/or other transportation funding. B. Spearhead community outreach effort, with input and support from Agency/City staff. C. Develop "District Strategy" which: i. Enhances the neighborhood by creating a true sense of place and by providing a connection between the downtown and the growing transit corridor; ii. Creates a sustainable, walkable neighborhood with internal transit and a mix of uses and incomes, where market rate and affordable housing are physically indistinguishable; iii. Identifies neighborhood retail/service opportunities; iv. Identifies needed infrastructure; v. Links neighborhoods and businesses with public transit; vi. Enhances public spaces and streets; and, vii. Contains a viable implementation strategy, including a schedule of performance; D. Refine the strategy and provide such other information and assistance as necessary and deemed reasonably appropriate by the Agency and/or its staff in order to fulfill the objectives of this Agreement. 4. Agency/City Owned Sites. The Agency and the City own a number of parcels identified in Exhibit A within the District (excluding those covered by the Agency Parcel Agreement) including the SARTC, hereinafter referred to the "Agency/City Owned Sites." 2 80A-8 5. Potential County Acquisition Site. Within the boundaries of the District is the County of Orange-owned property (the "County Parcels") which are depicted on Exhibit A. For purposes of this Agreement, the County Parcels shall be considered Agency/City Owned. 6. Further Acquisitions The parties agree that either party may negotiate with the owners of any privately owned property within the District. If the Agency or City acquire any property within the District, the property shall become an Agency/City Owned Site and become subject to Section 4 and Section 7 of this Agreement. If the Developer acquires any such property, Developer agrees that it shall be developed in accordance with any master development plan promulgated for the District hereunder. This provision shall not apply to those parcels located at 801-809 E. Santa Ana Boulevard currently owned by the City of Santa Ana which may be transferred to the Agency for development of special needs housing by Mercy House Charities. 7. Exclusive Negotiations During the term of this Agreement, the Agency and City agree that they shall not negotiate with anyone other than the Developer regarding potential development of the Agency/City Owned Sites. 8. Initial Term. There shall be an initial term of three (3) years (the "Initial Term".) During the Initial Term, the parties shall cooperate in the strategic planning process with the intent of producing a mutually agreeable and approved Master Development Plan. By mutual agreement, the Initial Term may be extended in six month increments. 9. Extended Term-Master Development Plan Approval If, at or before the end of the Initial Term, the Agency and Developer complete a master development plan for the District, which is approved by the Agency, the term of this Agreement shall be extended for the greater of two (2) years or a period mutually agreeable to the parties (the "Extended Term"), during which time the parties will negotiate towards agreement(s) for disposition and development of Agency/City Owned Sites within the District. If, however, such agreement(s) is not reached for at least one Agency/City Owned Site for any reason whatsoever, this Agreement shall terminate and 3 80A-9 the Developer shall be entitled to reimbursement of its third party costs in accordance with Section 11 and Section 12, below. 10. Environmental Requirements Certain Federal environmental requirements under the National Environmental Policy Act of 1969 ("NEPA") and State and local environmental requirements under the California Environmental Quality Act ("CEQA") may be applicable to the proposed development. The Developer agrees to supply information and otherwise assist the Agency, as requested, to determine the environmental impact of the proposed development, and to allow the Agency to prepare, at the Agency's sole cost and expense, such environmental documents, if any, as may be needed to be completed for the project pursuant to NEPA and/or CEQA. It is further agreed that, prior to entering into any final agreement(s) with the Developer, the Agency and/or City must approve any and all NEPA and/or CEQA documents that may be applicable to the development and that nothing in this Agreement in any way constitutes nor shall it be interpreted to be a contractual obligation committing the Agency and/or the City to undertake the development. 11. Reimbursements. The City and Agency acknowledge that in carrying out its obligation to participate in the strategic planning process for the District, the Developer shall expend resources of its staff as well as incur out of pocket expenses of consultants, contractors and advisors. In the event of termination of this Agreement prior to execution of agreements for disposition and development of any properties within the District, Agency and City agree to reimburse Developer those third party costs determined in accordance with Section 12, below. 12. Third Party Costs. Third Party Costs shall mean those amount actually paid or obligations incurred for work actually done by those consultants, contractors and advisors of the Developer listed in Exhibit B attached hereto and made a part hereof by this reference. The total maximum Third Party Costs that may be owed by Agency and paid to Developer pursuant to this Agreement shall not exceed $100,000.00. 13. Liquidated Damages. DEVELOPER AND AGENCY AGREE THAT SHOULD AGENCY (1) TERMINATE THIS AGREEMENT, (2) FAIL TO APPROVE A MASTER DEVELOPMENT PLAN WITH THE DEVELOPER BY THE EXPIRATION OF THE 4 80A-10 INITIAL TERM OR (3) BREACH ANY OBLIGATION OF THIS AGREEMENT, THE DAMAGES TO THE DEVELOPER WOULD BE EXTREMELY DIFFICULT AND IMPRACTICABLE TO ASCERTAIN DUE TO FLUCTUATION OF MARKET CONDITIONS AND THE INABILITY TO ASCERTAIN LOST OPPORTUNITY COSTS, AND THAT THEREFORE, THE SUMS SET FORTH ABOVE AREA REASONABLE ESTIMATE OF THE DAMAGES TO THE DEVELOPER, SUCH DAMAGES INCLUDING COSTS OF NEGOTIATING AND DRAFTING OF THIS AGREEMENT AND ANY AGREEMENT, THE LAND USE ENTITLEMENTS AND NEGOTIATIONS FOR PURCHASE OF OTHER PROPERTY IN THE DISTRICT, IF ANY OTHER COSTS INCURRED IN CONNECTION HEREWITH, AND LOST OPPORTUNITY COSTS OF THE DEVELOPER. DEVELOPER AGREES THAT IT SHALL BE ENTITLED ONLY TO THE PRECEDING LIQUIDATED DAMAGES AS ITS SOLE REMEDY. Developer's Initials 14. No Development Commitment Made. A. By its execution of this Agreement, the Agency is not committing itself to or agreeing to undertake: (a) financing, acquisition or disposition of the development; or (b) any other acts or activities requiring the subsequent independent exercise of discretion by the Agency, the City or any agency or department thereof, and the Developer has no reasonable expectation that such commitments will be made in the future. The parties recognize that one or more of the conditions to the Developer's development proposal to formulated during the negotiating period may fail to be met as a result of negotiations, subsequent studies, reviews and proceedings involving the exercise of discretion by the Agency, the City or any agency or department thereof. This Agreement does not constitute a disposition of property by the Agency or the City and does not require a public hearing. Execution of this Agreement by the Agency is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by the Agency and the City as to any Disposition and Development Agreement and all permits, approvals, decisions and/or proceedings in connection therewith. 15. Non-Assignability/No Removals or Substitutions The make-up of the Developer is a critical element of the Agency's willingness to enter into this Agreement. Therefore any attempted partial or full assignment, or the removal of either principal member from the Developer shall be a material breach by the Developer entitling the Agency to terminate this Agreement. Likewise, no person or entity shall become a principal of the Developer without the written consent of the Agency Board of Directors, as determined in their sole and absolute discretion. The Developer intends to form a limited liability company or similar entity for the purposes of carrying out this Agreement as well as enter into the 5 80A-11 agreement(s) referenced in Section 2 hereof. Developer shall have the right to assign this Agreement to any entity or entities in which The Related Companies of California, LLC and Griffin Realty Corporation, directly or indirectly, are the controlling members. Prior to any such assignment, Developer shall provide evidence to the Agency's Executive Director confirming the foregoing control requirement, and such assignment shall be subject to the Agency's Executive Director's confirmation that the assignee satisfies such control requirement. Developer shall have the right to select an entity or entities to be party to the Disposition and Development Agreement(s) executed as a result of this Agreement, provided the entity or entities meet the controlling membership requirements of this Section, subject to the same confirmation by the Agency's Executive Director. 6. Miscellaneous A. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. B. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth hereinabove. ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA MARIA D. HUIZAR CYNTHIA J. NELSON Secretary Executive Director APPROVED AS TO FORM: JOSEPH W. FLETCHER Agency General Counsel [Signatures Continued On Next Page] 6 80A-12 DEVELOPER The Related Companies of California, LLC A California limited liability company By: William A. Witte, President Griffin Realty Corporation, A California Corporation ey: Roger N. Torriero, President 7 80A-13 EXHIBIT A (Map of District) - - Station District & Agency Owned properties A H ~ a,Y"~r'rM O..,,.d sn.. ~ ~ ~ r ^ ~ _ ~ ~ ~ M 1 . a . 6. • ' { ~ ".ri, ` i «,'JLC Q N X W ,1 ~ ' ~ ^f ~ r ~ ,e j ~ 2 , d . * , a±; r o. ~ - f, 1 ~ ti g 80A-14 EXHIBIT B List of Developer's consultants 1. LAB Holding, LLC 2. City Ventures 3. William Hezmalhalh Associates, Inc. 4. Patricia Smith, ASLA 5. Fuscoe Engineering, Inc. 6. Green Dinosaur 7. Arelleno & Associates 8. Bocarsly Emden Cowan Esmail & Arndt, LLP 9. Concord Group The list set forth in this Exhibit may be expanded to add additional consultants provided Executive Director of Agency approves in writing Developer's proposed new consultant. 9 80A-15 80A-16 i PREDEVELOPMENT AGREEMENT- AGENCY PARCELS This Predevelopment Agreement ("Agreement") is entered into as of December 2009 (herein referred to as the "Effective Date") by and between Community Redevelopment Agency of the City of Santa Ana (the "Agency"), and The Related Companies of California, LLC, a California limited liability company and Griffin Realty Corporation, a California Corporation Qointly, the "Developer") on the terms and provisions set forth below and with reference to the following: RECITALS A. The Agency is studying redevelopment of a portion of its merged project area consisting of approximately 94 acres (the "District") in conjunction with studies being undertaken by the City of Santa Ana (the "City") for new transportation projects in and around the Santa Ana Regional Transportation Center (the "SARTC"). The District and SARTC are depicted in Exhibit A hereto which is incorporated herein by this reference; and, B. Within the western portion of the District, the Agency owns 48 parcels of land constituting approximately 6.76 acres depicted in Exhibit B hereto which is incorporated herein by this reference (the "Agency Parcels"), C. The Developer has submitted a proposal to the Agency to redevelop the Agency Parcels as well as to assist the Agency in strategic planning with respect to the District as a whole; and, D. The Developer and the Agency mutually seek to negotiate the terms and conditions of one or more agreements by which the Developer will obtain the right to acquire and develop the Agency Parcels and be designated as the master developer of other parcels within the District to be potentially acquired by the Agency and/or the Developer; and, E. The Agency and the Developer seek to enter into an agreement documenting the anticipated scope of development for the Agency Parcels which will provide for reimbursement by the Agency of certain predevelopment costs of the Developer in the event a final project for the Agency Parcels is not approved by the Agency. By separate agreement, the Agency and the Developer will determine the responsibilities of the parties regarding the strategic planning for the larger District development. NOW, THEREFORE, the Agency and the Developer hereby agree as follows: 1. Nature and Identity of the Developer The Developer is currently composed of The Related Companies of California, LLC and Griffin Realty Corporation. Subject to the terms of Section 14 hereof, this 1 80A-17 ~I Agreement may be assigned to a single purpose developer entity controlled by Related and Griffin. 2. Negotiations. A. The Agency and the Developer agree for a period of up to two years from the date of this Agreement (the "Negotiation Period") to negotiate towards final agreement(s) with respect to the disposition and development of the Agency Parcels. The parties may enter into one or more agreements which may include multiple phases or separate developments. B. In the event the Agency acquires any additional parcels in the area depicted in Exhibit B, they shall be deemed Agency Parcels under this Agreement. C. The Agency agrees for the Negotiation Period not to negotiate with any other person or entity regarding the disposition or development of the Agency Parcels. This Agreement may be terminated or extended as set forth in Section 3, below. 3. Modification/Termination of Negotiation Period. Either party may terminate this Agreement prior to expiration of the initial Negotiation Period, with or without cause, upon 60 days written notice to the other party. Upon such termination, the Agency shall pay the Developer Reimbursement as called for in Sections 10 and 11. If, at the end of the initial Negotiation Period, the parties mutually agree, the Negotiation Period may be extended for additional periods of six months. 4. Development Concept and Essential Elements. The development to be the subject of the agreement(s) to be negotiated hereunder shall consist of the development of the Agency Parcels. The agreement(s) to be entered into (the "Project") shall provide, among other things, that: A. The development shall be a predominantly multi-family residential project containing both for-sale and rental units. B. The housing component shall be consistent with, and meet the affordable housing goals of the City and Agency. C. There may some non-residential stand-alone and/or live-work occupancies. D. There may be provision for open space and/or community-serving facilities. 2 80A-18 I I i E. The Project shall be consistent with the city general plan and zoning, or the approvals shall include the establishment of such consistency as a program task. F. There be a mutually determined schedule of development. G. There be an agreed-upon, detailed project pro forma and financing plan for the various phases of the Project. 5. Development, Schedule of Performance, Budget. It is understood by the Developer that the following documents will be required to be submitted for Agency review and approval pursuant to the terms and provisions to be set forth in the anticipated agreements: A. A scope of development for the overall development. B. A schedule of performance for implementation of the development, including phasing and a proposed timeline. C. A description of the proposed method of financing, including a budget, identification and amount of any potential funding gap, and identification of potential funding sources for construction and permanent financing and uses for the development. D. Identification of appropriate building/unit types, options to provide for a range of affordability, a feasibility analysis, methods for involving the public in the development process, a means for integrating energy-efficient products in the project. E. Applications for all necessary entitlements for the development, at its own costs subject to reimbursement in accordance the Sections 10 and 11, below. 6. Developer's Findings, Determinations, Studies and Reports. As from time-to-time re uested q b the A enc ,the Develo era rees to make Y 9 Y p 9 oral and wri tten progress reports advising the Agency and/or its staff on all matters and all studies being made. 7. Environmental Requirements Certain Federal environmental requirements under the National Environmental Policy Act of 1969 ("NEPA") and State and local environmental requirements under the California Environmental Quality Act ("CEQA") may be applicable to the proposed development. The Developer agrees to supply information and otherwise assist the 3 80A-19 Agency, as requested, to determine the environmental impact of the proposed development, and to allow the Agency to prepare, at the Agency's sole cost and expense, such environmental documents, if any, as may be needed to be completed for the project pursuant to NEPA and/or CEQA. It is further agreed that, prior to entering into any final agreement(s) with the Developer, the Agency and/or City must approve any and all NEPA and/or CEQA documents that may be applicable to the development and that nothing in this Agreement in any way constitutes nor shall it be interpreted to be a contractual obligation committing the Agency and/or the City to undertake the development. 8. Agency's General Obligations. Within the Negotiation Period, the Agency shall: A. Negotiate through its staff with the Developer for the development of the Project. B. Determine and process required environmental documentation. C. Review the Developer's proposal and assist the Developer in the preparation of any applications or other documents necessary to obtain any required entitlements from the City or other agency with regulatory jurisdiction. D. Determine whether any additional real property acquisitions may be desirable, including payment of cost of appraisals, title reports and any action that may be required for any portion of the District not presently owned by the Agency. E. Review the Developer's proposed financing methods for the proposed development. 9. Exclusions of Properties During the Negotiation Period, opportunities for development of open space are to be identified. To the extent that one or more the Agency Parcels is mutually designated for such purpose, it may be excluded from treatment as an Agency Parcel for ur oses of thi p p s Agreement. 10. Effect of Non-approval of Project. If Agency Board of Directors does not approve mutually agreeable final agreement(s) with Developer for any of the Agency Parcels within two years of the Effective Date, or if either party exercises its right to early termination under Section 3 hereof, then Agency shall reimburse Developer its Third Party Costs, as hereinafter 4 80A-20 defined, within sixty (60) days of submission of required documentation thereof. If within said two year period (or mutually agreed additional period), a final agreement is approved by the Agency Board for some but not all Agency Parcels, the reimbursement of third party costs under Section 11 shall be as follows. If one or more agreements are approved covering at least 25 of the parcels, there shall be no reimbursement. If approved agreement(s) cover less than 25 parcels, the Agency shall pay the costs determined under Section 11, reduced by the percentage represented by the ratio of parcels covered by approved agreement to the total of 48 parcels. (For example, if the Agency approves agreements covering 22 parcels, and assuming the total costs allowed are $200,000, the $200,000 shall be reduced by 22/48 or 45.83%, or $91,667, for a reimbursement of $108,333.) 11.Third Party Costs Determined. Third Party Costs shall mean those amounts actually paid or obligations incurred for work actually done by those consultants, contractors and advisors of the Developer listed in Exhibit C attached hereto and made a part hereof by this reference. The total maximum Third Party Costs that may be owed by Agency and paid to Developer pursuant to this Agreement shall not exceed $200,000.00. 12. Liquidated Damages. DEVELOPER AND AGENCY AGREE THAT SHOULD AGENCY (1) TERMINATE THIS AGREEMENT, (2) FAIL TO APPROVE A FINAL AGREEMENT WITH THE DEVELOPER WITHIN TWO YEARS OF THE EFFECTIVE DATE OR (3) BREACH ANY OBLIGATION OF THIS AGREEMENT, THE DAMAGES TO THE DEVELOPER WOULD BE EXTREMELY DIFFICULT AND IMPRACTICABLE TO ASCERTAIN DUE TO FLUCTUATION OF MARKET CONDITIONS AND THE INABILITY TO ASCERTAIN LOST OPPORTUNITY COSTS, AND THAT THEREFORE, THE SUMS SET FORTH ABOVE AREA REASONABLE ESTIMATE OF THE DAMAGES TO THE DEVELOPER, SUCH DAMAGES INCLUDING COSTS OF NEGOTIATING AND DRAFTING OF THIS AGREEMENT AND ANY OTHER AGREEMENT, THE LAND USE ENTITLEMENTS AND NEGOTIATIONS FOR PURCHASE OF OTHER PROPERTY IN THE DISTRICT, IF ANY, COSTS OF COOPERATING IN SATISFYING CONDITIONS TO CLOSING; OTHER COSTS INCURRED IN CONNECTION HEREWITH, AND LOST OPPORTUNITY COSTS OF THE DEVELOPER. DEVELOPER AGREES THAT IT SHALL BE ENTITLED ONLY TO THE PRECEDING LIQUIDATED DAMAGES AS ITS SOLE REMEDY. Developer's Initials 5 80A-21 i 13. No Development Commitment Made. By its execution of this Agreement, the Agency is not committing itself to or agreeing to undertake: (a) financing, acquisition or disposition of the development; or (b) any other acts or activities requiring the subsequent independent exercise of discretion by the Agency, the City or any agency or department thereof, and the Developer has no reasonable expectation that such commitments will be made in the future. The parties recognize that one or more of the conditions to the Developer's development proposal to formulated during the negotiating period may fail to be met as a result of negotiations, subsequent studies, reviews and proceedings involving the exercise of discretion by the Agency, the City or any agency or department thereof. This Agreement does not constitute a disposition of property by the Agency or the City and does not require a public hearing. Execution of this Agreement by the Agency is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by the Agency and the City as to any Disposition and Development Agreement and all permits, approvals, decisions and/or proceedings in connection therewith. 14. Non-Assignability/No Removals or Substitutions The make-up of the Developer is a critical element of the Agency's willingness to enter into this Agreement. Therefore any attempted partial or full assignment, or the removal of either principal member from the Developer shall be a material breach by the Developer entitling the Agency to terminate this Agreement in accordance with Section 3 hereof. Likewise, no person or entity shall become a principal of the Developer without the written consent of the Agency Board of Directors, as determined in their sole and absolute discretion. The Developer intends to form a limited liability company or similar entity for the purposes of carrying out this Agreement as well as enter into the agreement(s) referenced in Section 2 hereof. Developer shall have the right to assign this Agreement to any entity or entities in which The Related Companies of California, LLC and Griffin Realty Corporation, directly or indirectly, are the controlling members. Prior to any such assignment, Developer shall provide evidence to the Agency's Executive Director confirming the foregoing control requirement, and such assignment shall be subject to the Agency's Executive Director's confirmation that the assignee satisfies such control requirement. If the Agency's Executive Director fails to object to any such assignment within ten (10) days of delivery of the evidence described herein, the Agency shall be deemed to have confirmed satisfaction with the control requirements set forth herein. Notwithstanding the forgoing, Developer shall have the right to select an entity or entities to be party to the Disposition and Development Agreement(s) executed as a result of this Agreement. 6 80A-22 15. Miscellaneous A. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. B. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth hereinabove. ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA MARIA D. HUIZAR CYNTHIA J. NELSON Secretary Executive Director APPROVED AS TO FORM: JOSEPH W. FLETCHER Agency General Counsel DEVELOPER The Related Companies of California, LLC, a California limited liability company WILLIAM A. WITTE President Griffin Realty Corporation, a California Corporation ROGER N. TORRIERO President 7 80A-23 EXHIBIT A (Map of District) - - _ _ r~~ Station District & `h Agency Owned properties a" ~ © Q Ayr yYny !)wnxl Prgmrn fr • d~ ~ r; s n - y • J ~ ~ ! 1 CIO a _ ' f n v Q _ ' ~ t x w ~ ; a ~ - # " ~ ~ . _ 8 80A-24 EXHIBIT B ~ (Agency Parcels) T D ~ ~ r \ ~ ~ \ ~ ' \ ~ ~d 7 ~ ~ 5T11FF011D S7 , i • B i ~Q ~ ES`~ L ~ ~ ~ ~ i / 9TF1 ST. ~ ~ a a , - 8TH 3T. ' ~ ~ ~ 0V ? ~ Imo./ t~--~ oA® a ~a ~ ~ , I A ANA BL a~o TH T. 8TH S . ~ ~ a Q¢ STN ST. ~ ~ ~ ~ ~ ~ y W 5TH ST. ~ i i[ ~ ~ ~ 2 a~ i ~ a 3 t 4TH ST. ~ ~ ~ W i _ _ i1 o ~ ~ ~ W ry aAO sT. ~ m ~~`t ~ I I Agency Parcels ~ ggencyParcels Station District 0 612 E. Santa Ana Blvd. ®611 N. Minter St. ®601 N. Lacy Si. ®623 N. Garlield SI. ® 614 E. Santa Ana Blvd. ®620 N. Lacy St ®712 E. Fifth St ®615 E Fitth St ® 622 E. Santa Ana Blvd. ®g04 E. Santa Ana Blvd. ®711 E. Sixty St. ®620 E. fifth St Q 626 8 628 E. Santa Ana Blvd. ~ 609 N, Lacy St. ®610 8 612 E. Fifth St. 0 714 E. Santa Ana Blvd. ®622-624 N. Garfield S[ ®508 8 510 N. Portet 8 ® 630 N. Gartieltl St. ®626-628 N. Garfield St. 621 E. Fifth St. 604 N. Lacy St. ® ® 710 E. Sixth St. ® 905 Brav;n St. ® 622 N. Lacy St. ®709 E. Sixth SL ®801 Brown St. ® 625 N. Garlield St. ®618 N. Garfield St. ®606 E. Fifth SI. ® 602 N. Garlield St. ~ 51 t E. Fifth St. ® 901 Brovrn St. 606 N. Lacy St ®616 E. Fifth St. ®602-604 E. Sixth B ® 674 8 618 N. Lacy St 571-517 N. Minter St 501 E. Fifth SL & 605-607 N. Lacy St. 601 E Fifih St 8 507 ? ~2 8 507 Mortimer St. 505-507 N. Minter St ® 619 N. Gart~eld St. ®505 E. Fifth St. ® 609 N. Garfield SL ®607 E Fifth St ® 611 N. Lacy SL 720 E Sixth St ® 601-603 E. 6th SL 8 fi09 N. Minter St. ®809-871 Brown SL ® 714 E Sixth St Exhibit B 9 80A-25 EXHIBIT C (List of Developer's Consultants) i 1. LAB Holding, LLC 2. City Ventures I 3. William Hezmalhalh Associates, Inc. 4. Patricia Smith, ASLA 5. Fuscoe Engineering, Inc. 6. Green Dinosaur 7. Arelleno & Associates 8. Bocarsly Emden Cowan Esmail & Arndt, LLP 9. Concord Group The list set forth in this Exhibit may be expanded to add additional consultants provided Executive Director of Agency approves in writing Developer's proposed new consultant. 10 80A-26 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended APPROPRIATION ADJUSTMENT - ? As Amended EDUCATIONAL REVENUE AUGMENTATION ? Ordinance on 1st Reading ? Ordinance on 2nd Readin FUND FY 2008-2009 g ? Implementing Resolution ? Set Public Hearing For (~j~ CONTINUED TO ~"Z FILE NUMBER CITY MANAGER EXECUTIVE (RECTOR RECOMMENDED ACTION CITY COUNCIL ACTION Approve an appropriation adjustment transferring funds from the Merged Redevelopment Project Area Fund to the Low and Moderate-Income Housing Fund to return the funds borrowed to pay the County Educational Revenue Augmentation Fund as required by legislation implementing the California State Budget for FY 2008-2009. COMMUNITY REDEVELOPMENT AGENCY ACTION Adopt a resolution returning $3,679,545 to the Housing Set-Aside Funds, which had been borrowed to make the FY 2008-2009 payment to the Educational Revenue Augmentation Fund. DISCUSSION As a result of Assembly Bill 1389 (AB 1389) implementing the California State Budget for FY 2008-2009, the Community Redevelopment Agency was required to make a $3,679,545 payment to the County Educational Revenue Augmentation Fund (ERAF) by May 10, 2009. The legislation allowed the Agency to borrow up to fifty percent of the amount required from the Low and Moderate-Income Housing Fund during FY 2008-2009 to make this payment. In May of 2009, the Sacramento Superior Court ruled that AB 1389 was unconstitutional. Recently, the California Attorney General's Office notified redevelopment agencies that the state has abandoned its appeal of the Superior Court ruling, which is now final and binding. Therefore, 80B-1 AA - ERAF Fund FY 08-09 December 7, 2009 Page 2 because the ERAF payment for FY 2008-2009 is no longer required to be paid, these borrowed funds should be returned to the Low and Moderate- Income Housing Fund. There remains pending litigation that may require a more substantial Supplemental Educational Revenue Augmentation Fund (SERAF) payment for FY 2009-10. Should the state prevail, the Agency may need to borrow funds once again from the Housing Set-Aside fund. FISCAL IMPACT City/Agency approval of the appropriation adjustment and resolution to return the Housing Set-Aside funds in the amount of $3,679,545, which had been borrowed for the FY 2008-2009 ERAF payment. APPROVED AS TO FUNDS AND ACCOUNTS: Nancy T. Edwards Francisco Gutierrez Assistan Director Executive Director Community Development Agency Finance and Management Services Agency CJN/NTE/kg 80B-2 REQUEST FOR COUNCIL/ ~z AGENCY ACTION ~i1a4,~ MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 7, 2009 TITLE: APPROVED ? As Recommended RELOCATION CONTRACT FOR ? As Amended AGENCY-OWNED HOMES ? Ordinance on 1st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO _ FILE NUMBER CITY MANAGER EXECUTIVE RECTOR RECOMMENDED ACTION CITY COUNCIL ACTION Recommend that the City Council approve an appropriation adjustment recognizing Housing Set-Aside fund revenues of $733,082 from account number 50718002-50001. COMMUNITY REDEVELOPMENT AGENCY ACTION 1) Authorize the Executive Director or designee and Agency Secretary to execute the attached Construction Contract with Michael Mihos, Construction, Inc. in the amount of $522,707, subject to non-substantive changes approved by the Executive Director and Agency General Counsel. 2) Approve a project budget not to exceed $601,113 which includes a 15 percent contingency. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its Regular Meeting of November 17, 2009, by a vote of 5:0, the Community Redevelopment and Housing Commission recommended that: 1. The City Council approve an appropriation adjustment recognizing unanticipated Housing Set-Aside fund revenues of $733,082 from account no. 50718002-50001. 80C-1 Relocation Contract for Agency-Owned Homes December 7, 2009 Page 2 2. The Community Redevelopment Agency: a. Authorize the Executive Director or designee and Agency Secretary to execute the Construction Contract with Michael Mihos, Construction, Inc. in the amount of $522,707, subject to non- substantive changes approved by the Executive Director and Agency General Counsel. b. Approve a project budget not to exceed $601, 113 which includes a 15 percent contingency. DISCUSSION The Community Redevelopment Agency acquired properties in the Santa Ana Boulevard area to enhance the entryway from the freeway into the downtown and to create new affordable housing opportunities. Two of the acquired homes were built in the early 1900s and have unique characteristics that the Agency wishes to preserve. One of the homes is also listed on the local register of historic properties. It was determined that the historic nature of the French Park Neighborhood would be further enhanced by moving the two homes to Agency-owned vacant lots located at Vance and Lacy Street. The current and proposed new locations of the two homes are as follows and are also shown on the map attached as Exhibit l: Current Location Proposed New Location 501 E. Fifth Street 826 N. Lacy Street 615 E. Fifth Street 830 N. Lacy Street The Agency's original intention was to move, rehabilitate and sell them to moderate-income homebuyers. A Request for Bids was prepared and made available on the City's web site on August 30, 2009. In addition, a public notice was published in the Orange County Register on August 30 and 31, 2009, indicating the availability of the document. Notice of the availability was also mailed to 100 qualified contractors who have previously expressed an interest in bidding on Agency projects. Responsive bids were received from two qualified firms, both of which were in excess of $1 million. Due to the costs, staff is recommending to only relocate the homes and undertake minimal site work to meet City codes. Once the homes are relocated, staff will work with the French Park Neighborhood Association to identify buyers who are interested in and have the financial capacity to complete the rehabilitation. 80C-2 Relocation Contract for Agency-Owned Homes December 7, 2009 Page 3 Both firms were requested to amend their bids to only include relocation of the homes, constructing foundations, shear walls, laying underground connections required for utilities, and any necessary demolition. The amended bid amounts are as shown in the table below: Company Name Total Bid Amount Michael Mihos Construction, Inc. $522,707 Fast-Track Construction, Inc. $680,125 The bid received from Michael Mihos Construction, Inc. was the lowest responsive bid. A contingency of $78,406 for a total project budget of $601,113 will ensure adequate funding to cover any unforeseen items. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption Nos. ER 2009-117 and 119 will be filed for this project. FISCAL IMPACT Upon approval of the appropriation adjustment, funds for the relocation and rehabilitation will be available in the Housing Set-Aside Capital Projects account (no. 50718830-66220). APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~ ~ She1ly~Landry-B~yle r Francisco Gutierrez Housing Division Manar~er Executive Director Community Development Agency Finance and Management Services Agency CJN/SLB/kg 80C-3 80C-4