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HomeMy WebLinkAbout FULL PACKET_2012-02-21MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA FEBRUARY 6, 2012 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:10 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern (5:27 P.M.) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (5:35 p.m.) COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session discussion. CLOSED SESSION ITEMS 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Steven Lodge vs City of Santa Ana, WCAB Case # Unassigned CITY COUNCIL MINUTES 1 FEBRUARY 6, 2012 1 0A -1 1B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Santa Ana Firemen's Benevolent Association (FBA) Santa Ana Fire Management Association (FMA) Service Employees' International Union (SEIU) Full -Time Employees Service Employees' International Union (SEIU) Part -time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) *Councilmember Martinez left the Closed Session Meeting at 5:29 p.m. and did not return. 1C PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney and City Manager CLOSED SESSION REPORT — See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:03 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 FEBRUARY 6, 2012 G r�7. REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:07 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council Mayor Pulido Bob Barnett, Police Chaplain EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 30 YEARS OF SERVICE Thomas Serafin, Police Officer CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM CLAUDIA ALVAREZ to Casa Guanajuato and Mexican Consulate for their leadership in working with the Santa Ana Library on the award winning documentary "Los Que Se Quedan." PROCLAMATION presented by COUNCILMEMBER MICHELE MARTINEZ to Bobby McDonald, President of the Santa Ana Black Chamber of Commerce, recognizing Black History Month. CITY COUNCIL MINUTES 3 FEBRUARY 6, 2012 i NMI CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SAL TINAJERO to Luis Ramos for winning the WBA Fedelatin Lightweight Title on January 8, 2012. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SAL TINAJERO to Valley Falcons High School Football Team for becoming Orange League Co- Champions- Elvin Aran Alexis Martinez Vicente Aranda Richard Martinez Eduardo Atilano James Mohr Moises Benitez Joseph Mohr Jesus Bustamante Miguel Moreno Jorge Campos Edgar Nevarez Nick Chavez Daniel Nieto Jonathon Curiel Albert Ojeda Ramon Enciso Diego Perez Francisco Durette Rodolfo Ponce Daniel Gutierrez Marco Salazar Alejandro Hernandez Daniel Salgado Cesar Hernandez Jerry Salinas Carlos Jimenez Erik Sanchez Miguel Lopez Jesus Sandoval Angel Macias Jonathon Santiago Edward Torres Gary Trujillo Eduardo Valerio Richard Vargas Coaches: Michael Echavez Damian Giraldo Freddy Macias Larry Mohr Anthony Mohr Frankie Oviedo Steve Patterson Alex Penaloza Donald Schlezinge CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SAL TINAJERO to the Segerstrom Jaguars High School Football Team for winning the CIF Quarter Finals and being undefeated Goldenwest League Champions for a consecutive three years. Coach Maceranka was also named top 15 coaches in Orange County. Brandon Arroyo Andrew Madrigal Joseph Sandoval Jorge Avalos Ruben Martinez Robert Sevilla Rafael Castro Ronnie Medina Andrew Soto Alfredo Contreras Ulises Mendoza Jonathon Valle Andrew Doan Gilbert Meza Daniel Vasquez Kiona Drayton Terry Mills Bernardo Garcia Aaron Morales Coaches: Ulises Garcia Juan Moroyoqui Nick Canzone Joseph Gomez Eric Parga Mike Maceranka Steven Hernandez David Perkins Josh Manriquez Vaughn Lawson Jacob Placencia Michael Moore Josh Linares Eric Ramirez Eden Munoz Edgar Lopez Gabriel Roa Moses Peraza Jorge Lopez Sonny Roa Steven Rodriguez CITY COUNCIL MINUTES 4 FEBRUARY 6, 2012 1 0A -4 *Mayor Pulido left the meeting at 7:01 p.m. and did not return. Mayor Pro Tern Alvarez assumed the Chair and presided over the meeting. PUBLIC COMMENT • Tixoc Venteera, expressed opposition to contracting library services to the County of Orange. • Alicia Rojas, commented on 10 -year old contract with Santora Building; concerned with expiration of contract and on tenant, artist village vision; requested new partnership to continue efforts made in the area and keep Santora Building as a hub for artists. • Kandice Hawes, representing the Committee to Support Medical Marijuana, indicated that they will be submitting an initiative to control collectives; voters to decide the matter. • Ann Bessinger, representing Santa Ana Solar Program company, would like to create a national campaign on solar energy using the City of Santa Ana. • Ronald Salem, representative of Save Santiago Creek Alliance, conducted poll of over 2,000 residents on position as it relates to the bike trail through the Santiago Creek; petition with over 400 signatures received opposing the bike trail; had successful graffiti paint -out event in December, 2011 with assistance of local church. • Mark Mittmann, concerned with cost of bike trail when City facing budget shortfall and possible outsourcing of Fire Department. • Michael Buss, representative of Save Santiago Creek Alliance, urged the City Council to keep creek in natural setting. • Mayra Mejia, representative of Latino Health Access, provided update on pilot program to use Roosevelt Elementary School field as community open space area; would like to expand program to other areas. • Nancy Mejia, representing Latino Health Access and member of `Comite de Poder" a grassroots organization addressing community involvement and communication issues. • Teresa Garrido, member of `Comite'; seeking other open space areas in the community, would help address obesity; invited all to participate. • Maria Mendoza, commented on pilot program by Latino Health Access; seeks support to expand program and make Roosevelt program permanent. • Eric Scandrett, opposed to the elimination of the Neighborhood Improvement Program through the now defunct Redevelopment Agency, provides services to the community and liaison to City Hall; also thanked the City Council for completion of bike trail on Memory Lane in the summer of 2011. • Dennis Daws, President of Fisher Park Neighborhood Association, thanked Scott Kutner of Neighborhood Improvement Division of the City; opposed to the elimination of the Division. • Carl Benniger, supports Neighborhood Improvement and efforts through Comlink. • Connie Hamilton, concerned with elimination of Redevelopment programs and possibly the Neighborhood Improvement Division; requested another focus group meeting between City Council and neighborhood representatives. • Peter Katz, seeks community input in decision - making. CITY COUNCIL MINUTES 5 FEBRUARY 6, 2012 1 0A -5 • Bryan Kaye, submitted pictures of creek area, graffiti paint -out event, homelessness issue in the area; will continue to work on cleaning up the area. *Councilmember Martinez left the meeting at 7:25 p.m. and did not return. CLOSED SESSION REPORT — See Item 19A for report. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31A with the following modifications: • Mayor Pro Tern Alvarez recorded a "No" on Item 19C; and • Mayor Pro Tern Alvarez requested a continuance on Item 31A; and • Councilmember Sarmiento pulled Item 20A for separate discussion. MOTION: Tinajero SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Pulido (2) ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF JANUARY 17, 2012 - Clerk of the Council Office MOTION: Approve Minutes. 10B MINUTES OF THE SPECIAL MEETING OF JANUARY 24, 2012 - Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 6 FEBRUARY 6, 2012 1 0A -6 10C MINUTES OF THE SPECIAL MEETING OF JANUARY 30, 2012 - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES /SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A ORDINANCE NO. NS -2827 - AMENDING CHAPTERS 18 AND 31 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SMOKING IN CITY PARKS - Parks, Recreation & Community Services Agency Placed on first reading at the January 17, 2012 City Council meeting and approved by a vote of 7 -0. Published in the Orange County Reporter on January 27, 2012. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2827 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 18 AND CHAPTER 31 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PROHIBITING SMOKING IN CITY PARKS BOARDS / COMMISSIONS / COMMITTEES 13A REAPPOINTMENT TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) — City Manager's Office MOTION: Re- appoint Michele Martinez to the Southern California Association of Governments (SCAG) as the District 16 Region Representative. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — City Attorney's Office MOTION: Approve a Compromise and Release agreement in the amount of $30,000 in the case of Steven Lodge vs City of Santa Ana, WCAB Case # Unassigned 19B EXCUSED ABSENCES — None CITY COUNCIL MINUTES 7 FEBRUARY 6, 2012 1 0A -7 19C DESTRUCTION OF OBSOLETE RECORDS - City Manager's Office, Planning and Building Agency, and Personnel Services Agency MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006 -045. 19D QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31, 2011 - Finance & Management Services MOTION: Receive and file. 19E REQUEST FOR PROPOSALS FOR ON -CALL DEMOLITION SERVICES - Public Works Agency MOTION: Authorize the Public Works Agency to send a Request for Proposals to qualified consulting firms to provide on -call demolition services for Capital Improvement Projects. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS Councilmember Sarmiento asked staff to summarize program. It was noted that $5 million dollars was awarded to the City to recruit Santa Ana high school students enter engineering programs; many partners involved in making program a success. MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -119 - Recognizing $4,997,479 awarded to the City of Santa Ana, Santa Ana WORK Center by the Department of Labor, Employment and Training Administration for an H -1 B Technical Skills Training Grant 2. Authorize the City Manager and Clerk of the Council to execute a CITY COUNCIL MINUTES 8 FEBRUARY 6, 2012 illyx;� grant agreement, subject to non - substantive changes by the City Manager and City Attorney. AGMT NO. 2012 -012 - Between the U.S. Department of Labor, Employment and Training Administration and the City of Santa Ana for the H -1 B Technical Skills Training Grant, 3. Authorize the City Manager and Clerk of the Council to execute agreements with the following program operators for H-1113 Technical Skills Training Grant funding for a total of $3,281,747 for the period of December 1, 2011 through November 30, 2015, subject to non - substantive changes by the City Manager and City Attorney: • AGMT NO. 2012 -013 — With Santa Ana College to provide recruitment, pre- engineering math courses, curriculum development, student assessment, counseling, mentoring, and tutoring in the amount of $784,450; • AGMT NO. 2012 -014 — With Saddleback College to provide recruitment, pre- engineering math courses, curriculum development, student assessment, counseling, mentoring, and tutoring in the amount of $763,854; • AGMT NO. 2012 -015 — With University of California Irvine to provide recruitment, academic counseling, mentoring, support, career exploration, and internship development in the amount of $226,500; • AGMT NO. 2012 -016 — With California State University Fullerton to provide curriculum development, academic counseling, internship development, and field trips in the amount of $141,380; • AGMT NO. 2012 -017 — With Canada College to provide curriculum design assistance and technical assistance in the amount of $67,573; • AGMT NO. 2012 -018 — With Growth Sector to provide coordination of curriculum development, project management, student support, and internship development in the amount of $951,390; • AGMT NO. 2012 -019 — With Rapid Tech to provide software, recruiting of industry partners, internship development, and a summer engineering institute program in the amount of $316,600; • AGMT NO. 2012 -020 — With OCTANe to provide On- the -Job Training development in the amount of $30,000. CITY COUNCIL MINUTES 9 FEBRUARY 6, 2012 MOTION: Sarmiento SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Pulido (2) 20B AGREEMENTS AND APPROPRIATION ADJUSTMENT FOR CARNIVALS AT CITY OWNED PARKS - Parks, Recreation & Community Services Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to execute agreements, subject to non - substantive changes approved by the City Manager and City Attorney. • AGMT NO. 2012 -021 - With Fiesta de Carnival in the amount of $22,500 for a one -year term • AGMT NO. 2012 -022 - With "O" Entertainment in the amount of $15,250 for a one -year term • AGMT NO. 2012 -023 - With Robert Acosta & Associates in the amount of $13,500 for a one -year term 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -118 - Recognizing projected carnival revenue in the amount of $51,250 in the Recreation Special Fees and Donations revenue account and appropriate funds to the Recreation Special Fees and Donations expenditure account 20C APPROPRIATION ADJUSTMENT TO TRANSFER FUNDS TO THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY - Community Development Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 10 FEBRUARY 6, 2012 ii[1l_dlC APPROPRIATION ADJUSTMENT NO. 2012 -120 - Transferring fund balances from the former Community Redevelopment Agency of the City of Santa Ana to the City, acting as the Successor Agency SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22C) 22A SPEC. NO. 12 -007 - CISCO SMARTNET MAINTENANCE RENEWAL — Award a contract to En Pointe Technologies Sales, Inc. in an amount not to exceed $43,200 - Finance & Management Services 22B SPEC. NO. 12 -010 - PROPANE POWERED SEWER PIPE TRUCK — Award a contract to Downtown Ford Sales in an amount not to exceed $142,800 (Public Works Agency) - Finance & Management Services 22C SPEC. NOS. 09 -001 AND 09 -035 - COLD WATER METERS AND MISCELLANEOUS SUPPLIES - Renew the contract with Badger Meter, Inc. for a one -year period in an amount not to exceed $170,000 (Public Works Agency) - Finance & Management Services AGREEMENTS 25A ENVIRONMENTAL SERVICES TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR A PARKING STRUCTURE FOR MATER DEI HIGH SCHOOL - 1202 WEST EDINGER AVENUE - Planning and Building 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. AGMT NO. 2012 -024 - With RBF Consulting in an amount not to exceed $164,631 LAND USE MATTERS CONDITIONAL USE PERMITIVARIANCES CITY COUNCIL MINUTES 11 FEBRUARY 6, 2012 1 0A -11 Recommended action approved by the Planning Commission on December 12, 2011, by a vote of 5 -2 (Acosta, Yrarrazaval opposed). Mayor Pro Tern Alvarez requested a continuance on this item. MOTION: Continue consideration of matter to the February 21, 2012 City Council Meeting. MOTION: Bustamante VOTE: RESOLUTIONS AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Alvarez, Benavides, Bustamante, Sarmiento, Tinajero (5) None (0) None (0) Martinez, Pulido (2) * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS 55A RESOLUTION CERTIFYING EIR FOR SAN LORENZO SEWER LIFT STATION AND APPROVAL OF SAN LORENZO SEWER LIFT STATION PROJECT - Public Works Agency Item continued from the January 17, 2012, City Council meeting by a vote of 7 -0. MOTION: Continue consideration of matter to the February 21, 2012 City Council Meeting at the request of staff. MOTION: Sarmiento VOTE: AYES: CITY COUNCIL MINUTES SECOND: Benavides Alvarez, Benavides, Bustamante, Sarmiento, Tinajero (5) NOES: None (0) 12 1 0A -12 FEBRUARY 6, 2012 ABSTAIN: None (0) ABSENT: Martinez, Pulido (2) THE CITY COUNCIL MEETING RECESSED AT 7:45 P.M. TO THE HOUSING AUTHORITY MEETING; THE CITY COUNCIL MEETING RECONVENED AT 7:46 P.M. WITH SAME MEMBERS PRESENT. COMMENTS 90A CITY MANAGER'S COMMENTS - None 90B CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: • Need to address programs and services that will continue post - Redevelopment Agency; focus on creative alternatives to educate youth and community; neighborhood safety paramount. Councilmember Bustamante: • Expressed gratitude to City employees for deferring raise and help solve budget issue. Councilmember Benavides: • Thanked speakers for input, encourage community input and involvement; • Commented on successful contracts in the past related to artist movement; would like to continue those efforts; • Noted value of neighborhood associations; and • Invited all to participate in upcoming open house to discuss circulation election — traffic flow, pedestrian access and transportation modes. Councilmember Tinajero: • Congratulated all awardees at tonight's meeting; impressed with talent of young residents in our community. Mayor Pro Tern Alvarez: • Thanked the community for comments; • Appreciate efforts by colleagues to meet on a weekly basis recently; making strides to address budget related issues; and • Wished all a Happy Valentine's Day. CITY COUNCIL MINUTES 13 FEBRUARY 6, 2012 1 0A -13 ADJOURNED 7 :55 p.m. - The next meeting of the City Council is scheduled for Tuesday, February 21, 2012 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 6 :00 p.m. in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 14 FEBRUARY 6, 2012 1 0A -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: REAPPOINTMENT OF WORKFORCE INVESTMENT BOARD MEMBERS (I -��4 6-, 4 1 � � � � � CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Reappoint Rob Claudio, Gilbert Davila, David Elliott, Lee de Leon, Marjorie Knitter, Erlinda Martinez, Steve Piwnica, Clarence Ray, Carlos de la Riva, Stacey Sanchez, and Daniel Su to the Santa Ana Workforce Investment Board for four -year terms. WORKFORCE INVESMENT BOARD RECOMMENDATION At its regular meeting of January 19, 2012, by a vote of 24:0 (Davila, Figueroa, Fischer, Gonzalez, Knitter, Lin, Ruiz, Sanchez, Su absent), the Workforce Investment Board recommended that the City Council reappoint Rob Claudio, Gilbert Davila, David Elliott, Lee de Leon, Marjorie Knitter, Erlinda Martinez, Steve Piwnica, Clarence Ray, Carlos de la Riva, Stacey Sanchez, and Daniel Su to the Santa Ana Workforce Investment Board for a four -year term. DISCUSSION On March 6, 2000, the Santa Ana City Council adopted a resolution establishing the Santa Ana Workforce Investment Board and appointed 35 members. In accordance with the federal legislation, a majority of the Board members and the Board Chair must come from the private sector. The remaining Board members represent education, non - profit organizations, one -stop mandated partners and local labor organizations. Presently, there are eleven board members whose terms expire in March 2012 and are being recommended for an additional four -year term reappointment to the Santa Ana Workforce Investment Board. The members' resumes are included as Exhibit 1, which detail their titles and employment. 13A -1 WIB Reappointments February 21, 2012 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Nancy T. Ed rds Interim ExecLYive Director Community Development Agency NTE /LO /kg Exhibit: 1. Resumes 13A -2 Bio for Rob Claudio Rob Claudio, a California native originally from Brawley, CA In the Imperial Valley, has been involved in economic development with government agencies and the private sector for over 20 years. He is a graduate of San Diego State University with a Bachelor of Arts Degree in Sociology and a self initiated Minor in Public Relations, Advertising and Management. For The Employment Development Department (EDD) he is the Deputy Division Chief for Orange County Workforce Services. Currently he serves as a member of the Orange County, Santa Ana & Anaheim Workforce Investment Boards. He served as the State Legislative Chair for the California Chapter of the International Association of Workforce Professionals (IAWP) for over 7 years. Rob has consulted & trained in the areas of teambuilding and "Leading with Excellence ", with various groups, businesses and Partners for over 12 years. He now writes a standing column for the Cal -Liope Newsletter of IAWP, titled "Inventing Your Life ", where he provides strategies, information and personal anecdotes, to help people achieve their personal & professional life goals. With undying enthusiasm, humor and dedication, Rob continues to involve as many people as he can in an effort to help them enjoy their life's journey! Rev 01112011 13A -3 EXHIBIT 1 13A -4 Gilbert Davila United Food & Commercial Workers Union Local 324 8530 Stanton Ave Buena Park, CA 90622 • Born in Dimmitt, Texas, of Mexican American parents who worked in the cotton fields as migrant workers. • Graduated from Pomona High School and attended Cal Poly Pomona before pursuing a boxing career. • 1982 -87 Professional Boxing Career and Proud brother of Bantamweight Champion Albert Davila • 1991 Began his work in the grocery industry (Carlton's Market) before starting with UFCW, Local 1428, in Claremont, CA • 1992 promoted to the organizing department working as a special representative for five years • Started with UFCW, Local 324, in Buena Park, CA, and, in 2004, promoted to Director of Organizing. • Completed Labor Study Courses at the Los Angeles Trade -Tech Community College to earn a Labor Studies degree in the fall of 2011 • 2005 -2008 served on the Advisory Board of the Orange County Congregation Community Organization • 2011 Co -chair for the CLUE Labor Relations Council • Executive Board Member for the United Food & Commercial Union, Local 324 Married to Anette Marie Davila and father of Austin 23, Alexis 22, Trevor 21, Carson 19 Tyler 18, Mekenzie 16, Nicholas 15 and PROUD grandpa of Jeron James Kunzwieler. 13A -5 iB�l DAVID L. ELLIOTT Relationship Builder and Connector of People 24299 Pasco de Valencia 41124 Laguna Woods, CA 92637 (949)305.7987 home (714) 334.4994 cell (714)541.5353. ext 121 Dlelliott cox.iiet www .davidelliottandassociates.com delliott @ santaanachamber.coni Core Life Purpose: "Make a difference by serving God in building relationships, connecting people and being an influence" "Engaging, Aligning and Connecting baby boomer professionals in their P quarter quest in making a difference by changing lives" BE a CATALYST Mantra: "Anything I can do ?" "Just do Good" We are only successful and significant by the people we surround ourselves with. Professional Qualities: Non Profit and For Profit Businesses /Organizations Leadership, visionary, people and team - oriented, energetic and goal driven. Skills in: business development, sales /marketing, public /community relations and fund development. Education: Master of Arts Azusa Pacific University Graduate work in Educational Administration Biola University Bachelor of Science in Education University of Arizona Certificate in Fundraising Management, The Fundraising School, Indiana University Professional Affiliations: Board member of the Costa Mesa Chamber of Commerce Board member of the Hispanic Chamber of Commerce Board member of the Orange County YMCA Association 13A -7 Board member of the Saddleback Community College Foundation ProVisors Network Member The Barnabas Group American Association for Senior Executives Professional Experience: Santa Ana Chamber of Commerce 2010- present President and CEO Vanguard University of Southern California, 1994 -2009 - Associate VP for University Relations 2000 -2009 * Annually raised 125 -150k in sponsorships for Christmas Fantasia and golf tournament * Recruited 20 of the 35 member Business Advisory Council for the School of Business * Represented and connected the university throughout the Orange County business community developing key strategic relationships * Provided leadership of Christmas Fantasia the premiere 'university event starting 10 years ago with 250 participants to this past year of over 2500 participants and performance at Segerstrom Hall * Directed all major university marketing buys and supervised publication of Vanguard magazine (2000 -2003) - Executive Director University Foundation 2007 -2009 * added to my portfolio 2.8 million endowment * Personally recruited 12 of the current board members * Assisted the establishment of the Professional Advisory Council for planned giving - Director/Dean School for Professional Studies 1994 -2000 * Started the degree completion program from scratch with 2 staff and 20k marketing budget. 100k profit after first year 2 13A -8 * Seven years later 18 staff, 300 students 3 million budget with 1.5 million profit margin * Served for 2 years as president of the South Coast Higher Education Council which included all community colleges and 4 year colleges and universities in Orange County * Served as a founding member of the Consortium for Southern California Colleges and Universities serving the Adult Learner (50 members) David Elliott and Associates, Inc. President and Founder 2004 - present * Business development consulting/connecting for clients including: Exit Retirement Strategies, Al Frank Asset Management. Facilitator of the BOAT (Business Owner's Advisory Team) Client Advocate Network Managing Director 2008- present Clients include: Passkeys Foundation, Capata and Co., Summit Payroll, New York Life, Cross Media, Spyglass Realty, DGWB, Partners Bank, Coneybeare, Horizon Law and DocuSource UPG Sports, Inc. President and Founder 1993 -2004 * Started this business providing youth and high school girl's basketball teams, tournament to participate in. Sold in 2004 and recognized as one of the premiere basketball tournament programs in the area serving over 1000 girls in its seven annual tournaments. Consultant Fundraising and administrative Consultant 1989 -93 * Worked with area youth programs (Boys and Girls clubs, youth football and basketball programs and high school athletic teams) on various fund raising programs Mariners Church Director of Music 1984 -88 k Started the first music program including choirs, special groups, musical productions etc Cedar Mill Church Director of Administration and Music 1981 -84 x Created the "Sing Christmas" musical outreach program hosted at local hotels reaching over 2000 people El Cajon Christian High School PrincipaWice Principal 1978 -81 Considered the youngest high school principal in the southwest with responsibility for 900 students and 50 faculty x Started Christian Conununity Theater with first production drawing over 6000 in attendance. Palo Verde Christian High School Principal /Athletic Director 1974 -78 x Started the first athletic program x First high school principal starting with 9 students and growing in 3 years to 135 students State small school division basketball championship (coach) First ever fund raiser (Bike -a -thon) raised over $9,000 enough to purchase football uniforms and equipment for the first football team in school history 4 13A -10 Bio of David L. Elliott "The Putting Coach" RELATIONSHIP BUILDER and CONNECTOR of PEOPLE Mr. Elliott is a 25 year community member of Orange County. Recently served as Associate Vice President for University Relations at Vanguard University where he served effectively in several roles for over 15 years. In addition, Dave (as most people call him) is a Managing Director with Client Advocate Network and President of David Elliott & Associates, Inc. He is known throughout Orange County as a "Relationship Builder and Connector of People ". His passion is "JUST DO GOOD" and you will make a difference. It is always about the people you are surrounded with that make you successful and significant. BS in Education from University of Arizona (Go CATS!) MA in Music from Azusa Pacific University (That's right) Core strengths include leadership, business development, marketing, fiend development, coaching/mentoring, RELATIONSHIP BUILDING and CONNECTING PEOPLE. All with a common sense approach. Who knows you and who do you know. Professional affiliations: current board member with YMCA Orange County Association, Costa Mesa and Hispanic Chambers of Commerce, Provisor's South Orange County and the American Association for Senior Executives. As a business development professional teaches "How to Build a Meaningful Relationship Network" and leads a successful Networking group: the Business Owner's Advisory Team (BOAT) Married to Sherri for over 4 years with 4 children and 11 grandchildren. We enjoy flan with others entertaining, playing golf, travel, dining, movies, theater etc. People are the KEY! w,vvw .Davidelliottandassociates.com wmv.cI ieritadvocatenetwork.corn Blog: davee- relationshipbuilderconnector .blogspot.corn/ 13A -11 13A -12 BIOGRAPHICAL SKETCH Rev. Lee de Leon Chief Executive Officer Templo Calvario Community Development Corporation Santa Ana, California Present Work Rev. de Leon is the founding CEO of an emerging CDC in the heart of Orange County, California. This CDC is a faith -based non - profit established by Templo Calvario, a church that has had a long history,of compassion. Under Rev. de Leon's leadership, the CDC has received national recognition by several national entities; among them are the Annie E. Casey Foundation and Wheaton College, which have recognized the CDC as a promising practice in the work it has done among immigrants. In addition, in the spring of 2004, the US Department of Health and Human Services featured the CDC in its series entitled "Snapshots of Compassion." Experience For over twenty -five years, Rev. de Leon has been actively involved ministry to communities In need. He has served as a pastor, church planter, non - profit director and founder of several organizations and partnerships. Education Rev. de Leon received his education at California Baptist University and at Azusa Pacific University (C.P. Haggard School of Theology). Accomplishments • Founder of Templo Calvario CDC (2002) • Founder of Eleazar Partnerships (2000) • Founder of Let's Partner Network (2000) • National Director of Convoy of Hope (1995 -2000) • Founder of Mission Christian Center (1989) Affiliations/ Memberships • Eleazar Partnerships, Board President • Templo Calvario f=ellowship, Ordained Minister • Christian Community Development Association, Member • National Association of Asset Builders, Member • Christian Reformed World Relief Committee, Regional Partner • We Care America, Senior Partner Revised: 5/3/04 2511 W. Fifth St., Santa Ana, CA 92703 (714) 543 -3711 N (714) 543 -2399 Fax www.tccdc.org 13A -13 13A -14 )arE GROUP Land Management Spo'cialists Marjor-le A. Knitter is the inspirational president of Paul A. Moote & Associates, Inc., dba The Moote Group, a Rill- service constriction management firm providing land development solutions to developers, builders, municipalities and lenders in all aspects of land development and infrastructure programs from entitlement through finished lots. She is well known in the Southern California construction industry, with more than 25 years of experience in land management and active leadership roles in numerous related associations. Since assuming leadership of The Moote Group during the economic recession in 1990, Knitter has grown the family business from seven employees to 22 and expanded the firm's expertise from civil estimating and construction management to include bid solicitation, negotiations, contract preparation and administration, utility consulting and coordination, expert witness and litigation support, risk assessment, land use permitting and entitlement, and Constriction Reimbursement Support for both public and private projects throughout California, Arizona and Nevada. Diversification helped Tile Moote Group not only to survive, but to thrive, even in the cyclical real estate and construction industry. Knitter has industry connections that run deep, developed over years of leadership and active participation in numerous construction associations, and is the current chair of the Development Trends and Strategies Conference for the Orange County Building Industry Association. She is a regular speaker at universities and industry conferences on the topic of construction and development management. She also volunteers her time and expertise to Home Aide, Habitat for Humanity and the United Way Women's Philanthropy Fund. 1516 Brookhollow Drive, Santa Ana, CA 92705 Office: 714-751-5557 Fax: 714 -751 -4552 www.moote.com 1!.3.:,�:+,v?�".v?Yti�..ss�C ��^s.'F:+.P.s�.ds r �s,^� -.� .mkcts..._v�- 's.,."'-ro- -"�- r�a'x`_��4"'.t^n'S.:�n - �x.-c_ .x. _-Y•�'LYia�:�syS v'.;.:5 tai°. �, sr_ i_ r2....i%aY;!�iSQS,.riNPr.:tw!�� AaW A. Moote & Associates, lire. 13A -15 Summary of Qualifications and Skills + Marketing and public relations + Bid /contract administrator for both public and private developments + Written and administrated over $500,000,000 public constriction specifications and contract documents • Field management, cost estimating, quantity takeoffs, project representation + Extensive project and construction management experience • Budget negotiation and compliance adherence + Pro -Forma Building and Due Diligence Services + Staffing recruitment for project - specific personnel • Strong knowledge of industry specifics, global and local developments + Developed computer designs, proprietary spreadsheets and computer support teams + Review pre -bid activities, reporting formats, presentations and the contract award activities + Direct company operations and management • Provide company -wide report analysis CONSTR UCTION ASSOCIATION MEMBERSHIPS Home Builders Council of the Orange County Building Industry Association - 1999 Volunteer of the Year, 2000 President — Member since 1989 + Building Industry Association / OC -- 2006 -2009 Chairperson + National Association of Home Builders — Member since 1989 Environmental Management Association —Licensed Member since 1992 • Association of Construction Inspectors — Licensed Member since 1993 American Association of Cost Engineering — Certified Member since 1996 National Association of Women in Construction — Member Organization • Urban Land Institute, Orange County — Member + California Receivers Forum — Member + National Association California Bankruptcy Trustees - Member EDUCATION c& PROFESSIONAL AFFILIATIONS • Instructor: Construction Management, Cost Estimating & Bid Administration — Orange Coast College, University of California, Irvine • Regular Guest Speaker for the Light Construction and Development Management Program — University of California, Irvine + HBC Design Build Competition (1988 to 1999) - Chairman for a competition of high school, R.O.P. and junior colleges construction technology students. Students design and build an 8' x 10' stricture to code over a two -day period, judged by city building officials, architects and home builders. + BIS Building Industry - Program Committee, Program Speaker + PCBC Pacific Coast Building Conference - Program Committee, Program Speaker + Crittenden Real Estate Conference, Program Speaker G� O P la:7db!anagemed Sp4da !Is ls Paul A. Moote & Associates, inc. 13A -16 COMMUNITY SERVICE INVOLVEMENT American Business Women's Association (ABWA provides education scholarships to women who wish to enhance their careers through education) - 1990 Woman of the Year, 1991 President • United Way, Women's Philanthropy Fund — Active member since 2005 • Orange County Business Journal - 1996 Woman in Business Candidate • Howe Aide Project Playhouse - Committee, Sponsor • Habitat for Humanity - Active participant for Li -kind Sponsorship CURRENT PROJECTS • Schleisman Joint Development Agreement. Representing a consortium of builders, (Shea Homes, D.R. Horton, Lennar Homes). As an independent third party, Marjorie has provided the initial budget of shared improvements, established the fair share analysis between the consortium, and is managing the constriction finding, cash -flow scheduling, bid administration and construction contracts. 2007 to present. Construction value $9.700,000. • Audie Murphy Ranch. 2,200 residential lots, 580 acres. Partially completed master planned community. Cost to complete estimate for Bank of America during pre - foreclosure event. May 2009. Cost -to- complete value $130,000,000. • Etiwanda Residential Tract. 130 Finished Lots. Provided the cost to complete for the lender and assisted in the negotiations of the purchase price with the buyer. August 2009. GROUP raa�i ldaaayement .p2da!r: t> wz33- �- �..- :_<s,��,�;.:.::��: cr. ..,,"�.= ,;ra�.�r..e�.. - _ r• - - - . -. _ _._,. .��= err,= �€wa3��s��r r.`.�,,. �tr�.,z �t ^ .ter -� Paul A. Moote & Assoclatos, Inc. 13A -17 iiWd_E:,� Biography �A 7� t �'•r5 'xx�.. i�.. r',e •x� fi .{f� _Y Y„, Sx zxx "1 rY t "'".f� � i �k� "=,,i � k s Erlinda Martinez, Ed.D Phone: (714) 564-6975 President martinez_erlinda @sac.edu x Dr. Erlinda Martinez was named president of Santa Ana College in March 2005. As leader of the 90- year -old institution, she guides its development as a flagship community college in Southern California. Reporting to the community college district chancellor, her responsibilities include planning, organizing, and implementing educational policy and procedures to develop curriculum and student support services, budget management, and leading the institution's fund development efforts. Prior to her presidency with Santa Ana College, Dr. Erlinda Martinez served as vice president for student services /assistant superintendent for Cerritos College in Norwalk, California. During this period, she was instrumental in developing the college's master plan and successful passage of a general obligation bond measure. Under her leadership, the college created a new gathering center for the campus including an amphitheater, and streamlined student registration processes. Before joining Cerritos College, Dr. Martinez was administrative dean and dean of students for Mission College in Santa Clara for nine years. Prior to this, she served as director of student affairs for El Camino College in Torrance, California. Earning a doctorate in education from the University of Southern California, Dr. Martinez' master's degree in counselor education was awarded by California State University, Los Angeles. She received a bachelor's degree in sociology from the University of California at Riverside. Among her professional activities are memberships on the Santa Ana Workforce Investment Board, the Kidworks Board of Directors, the Board of Governors for City University in Bellevue, Washington, as well as a member and mentor for the Association of California Community College Administrators. Dr. Martinez recently joined the Santa Ana College chapter of the Latina Leadership Network. She has been recognized for her professional and civic contributions by the National Council on Student Development, the Greater Lakewood Chamber of Commerce, and the National Hispanic Business Women's Association. &__6 Santa Ana College • 1530 W. 17di Street 0 Santa Ana, CA 92706 • (714) 564 -6000 O www.sacollege.org 13A -19 13A -20 STEVEN J. PIWNICA 142 Jasmine Creek Drive Corona del Mar, CA 92625 (949) 721 -1052 e -mail: stevepi-tv@yalioo.com SENIOR FINANCIAL EXECUTIVE - PROFILE A goal - oriented executive with 25+ years experience who combines a big picture perspective with detailed process knowledge and strong interpersonal skills to develop strategies, promote concepts and resolve complex problems. A proven leader and analytical manager with a track record of contributing strong profit improvernent through systems development, organizational restructuring, and a value- oriented focus in manufacturing and distribution. • Strategic Planning & Consulting • Mergers & Acquisitions • Private Equity - Leveraged Buyouts • Supply Chain Management • Corporate Finance & Accounting e Management Information Systems • Contract Negotiations • Energy Management PROFESSIONAL EXPERIENCE Chief Fin ancial Officer & Ch ief Information Officer 1999 to present Royalty Carpet Mills, Inc. Privately -held carpet and yarn manufacturer with annual revenues exceeding $100 million. Responsibilities include all financial and accounting functions, the development and management of all information systems, oversight of warehousing operations, shipping, factory planning & scheduling, inventory planning and control, energy management, factory regulatory compliance and various administrative functions. Also responsible for contract negotiations, risk management, property management and all real estate transactions. • During 2006, worked with a major investment banking firm and equity buyers to arrange a buy- out offer at very favorable EBITDA multiples. Royalty's owners chose not to accept the offer. • "Rescued" the company from a near collapse of information systems through quick, decisive action in switching software vendors and devising a viable strategy for new system implementation. • Installed factory cogeneration systems to achieve more reliable and cheaper energy sourcing. • Developed full standard costing, comprehensive data mining & factory analysis. • Revamped demand forecasting systems, policies and procedures with sophisticated new cut table and order fill logic, resulting in reduced inventory losses and enhanced sale of aged and distressed goods. • Consolidated, integrated and streamlined all information systems, administrative and warehousing operations after the acquisition of another carpet mill. • Directed the litigation strategy in a major lawsuit and won a Iarge award for damages. • Instituted a new and sophisticated freight invoicing system that achieved major repeat savings in freight costs. 13A -21 STEVEN J. PIWNICA, p. 2 Finance 1Mlanager and CFO 1998 to 1999 Cosmotronic Corporation, Irvine, CA $12 million printed circuit board manufacturer owned by investment group. Responsible for financial management of company in preparation for IPO. • Implemented sophisticated accounting systems and company -wide networking capabilities. • Created all financial reporting systems, budgeting processes and cash controls. • Team leader for the development of a new order entry and factory planning system. Vice President Finance and Administration 1995 to 1998 E.T.C. Carpet Mills, Santa Ana, CA Privately -held carpet manufacturer with three locations and annual revenues of $36 million. Responsible for financial, accounting, MIS, legal and contract functions together with production planning, distribution and customer service. • Stabilized operations and positioned the company for a change in ownership. • Break -even monthly sales level lowered from $3.2 million to $2.5 million through an intense cost reduction effort covering every aspect of operations. • Bank debt cut 50% or $2.4 million through the reduction of inventories, improvement in collections and elimination of non - essential spending. • Completed full strategic and operational review with recommendations for repositioning the company. • Completed acquisition of another carpet mill company. • De- factored credit and collections to improve customer service and increase cash flow. Senior Vice President and Treasurer 1990 to 1995 Tuftex Industries, Santa Fe Springs, CA Privately -held carpet manufacturer with revenues of $170 million and yarn mill with revenues of $60 million. Responsible for all financial, accounting, legal, factory scheduling, inventory planning and maquiladora operations. • Negotiated the sale of Tuftex Industries to Queen Carpet and supervised the merger of after -sale operations. • Added $8.5 million in value to the sale of Tuftex Industries through a combination of strong analysis, tough negotiations and smart tax strategies. • ConsoIidated functions and simplified administrative procedures while strengthening internal controls and improving office productivity; generated salary savings of over $1MM. • Introduced new employee benefits program that reduced costs by over $700,000 annually. Vice President, Controller 1986 to 1990 R & G Sloane Manufacturing Company, Sun Valley, CA Injection molding manufacturer of plastic valve and piping systems with annual sales of $80 million. Responsible for all financial, accounting, and legal Rinetions, including maquiladora operations. • Designed new analytical methods and reporting systems for accounting, marketing and production. • Successfully resolved bad debt totaling $2 million. • Designed and implemented a capacity model and shop floor data collection system to define production capacity and measure factory efficiency. 13A -22 STEVEN J. PIWNICA, p. 3 Other relevant experience: Financial Planning Manager Times Mirror Company, Los Angeles, CA Senior Financial Analyst Avery International, Pasadena, CA Senior Auditor Arthur Andersen & Co., Los Angeles, CA EDUCATION Masters of Business Administration -1978 Anderson School of Management, UCLA, Los Angeles, CA Masters of A rts Degree - 19 75 Graduate School of International Studies, University of Denver, CO Bachelor of Arts Degree -1973 Pomona College, Claremont, CA PROFESSIONAL CERTIFICATION and AFFILIATION Certified Public Accountant, State of California (expired) 13A -23 13A -24 RESUME CLARENCE W. 'BUDDY" RAY CCAP, Certified Calnmrmity Action Professional 12640 Knott Avenue, Garden Grove, CA 92841 EMPLOYMENT EXPERIENCE Community Action Partnership of O.C. WORK PHONE: (71 4) 897 -6670 x 3112 - Garden Grove, California. Executive Director - 1987 to Present - Duties: Chief Executive Officer for private, nonprofit Community Action Agency serving Orange County (approximately 2.5 million population). Responsible for all operations and administration of agency with approximately $8 million operating budget and 50 full time employees. Major programs focus on helping low income persons overcome barriers to self sufficiency. Programs include: the Orange County Food Bank; Weatherization Assistance Programs for low income households; Human Services programs, e.g. consumer programs, ucation, information & referral, crisis formation services. intervention, utility payment assistance and clearinghouse & in Director of Program Review 1986 to 1987 - Duties: Independent ro ram a d agency systems; prepare contracts and grant documents; manse staff; prepare reports; staff the Board of Directors. Clarence W. Ray, Self Employed - Garden Grove, California. Management Consultant - 1983 to 1986 - Duties: Review and make recommendations regarding agency management and systems; serve as grant writer; conduct and manage closeout of Orange County Manpower Commission (a joint powers consortium); audit resolution of more than $1 million of questioned costs. Orange County Manpower Commission - Santa Ana, California. Assistant to the Executive Director - 1981 to 1983 - Duties: Serve as Independent Monitoring Chief, monitor u subcontractors; external systems; resolve audit resolve audit disallowances bet vicen OCMC and Department of Labor; advise, Director nd Boa d of Directors regarding programs and systems. Program Manager - 1980 to 1981 - Duties: Manage 'a staff of four (4) professional employees in the administration of employment and training programs and contracts. City of Fullerton, Personnel Department - Fullerton, California. Manpower Programs Supervisor - 1977 to 1980 - Duties: Coract adm strator for einpzeyortst and training programs; conduct personnel recruitment; prepare job descriptions; p p p recommendations to the City Council. City of Santa Ana, Corniuunity Relations Department - Santa Ana, California. Research Analyst / Manpower Planner - 1974 to 1977 - Duties: Planner, grant writer and contract administrator for employment and training programs; manage summer youth and public service employment programs. Community Organizer - 1973 to 1974 - Duties: Community outreach and research for the Community Relations Department; contract administration for the Santa Ana Housing Authority. 13A -25 RESUME CLARENCE ti'i'. "BUDDY' RAY PAGE 2 OF 2 EDUCATION Bachelor-of Arts with a major in Sociology, California State University, Fullerton. Graduate level courses and supplemental training continuous throughout employment. CCAP, Certified Community Action Professional - certified by the National Association of Community Action Agencies. COMMUNITY SERVICES AND MEMBERSHIPS Santa Ana Private Industry Council Family Self Sufficiency, Program Coordinating Committee, Serving the Anaheim Housing Authority, Garden Grove Housing Authority, Orange County Housing Authority and Santa Ana Housing Authority). Committee Chair, 1993 to Present Orange County Emergency Food & Shelter Board, (Previously FEMA Local Board) Local Board for Emergency Food & Shelter Program funds and emergency shelter program funds. Board Vice Chair - 1990 to 1996. California Nevada Community Action Agency Family Preservation & Srtpport Steering Committee (Orange County) National Association of Conununity Action Agencies Homeward Bound (previously Orange County Homeless Issues Task Force) Association of Southern California Environment and Energy Programs REFERENCES Provided upon request. 13A -26 Exhibit 1 CARLOS DE LA RIVA OBJECTIVE Management position utilizing my knowledge of Santa Ana's business community, project management, outreach, and workforce development. HIGHLIGHTS OF QUALIFICATIONS Proi ct Management ® Experienced strategic and tactical planner. Consistently employed creative solutions to increase communications and team effectiveness, while using time efficiently to track progress and meet project goals. Project Areas Included but were not limited to process improvement, implementation of federal workforce programs, business retention and layoff aversion strategies. Economic Development Programs • Expertise in the City of Santa Ana's Enterprise Zone, International Trade, Empowerment Zone, Rapid Response and other business assistance programs. Provided extensive technical assistance in the development of Enterprise Zone eligibility guidelines. Public Relations • Solid reputation as a clear and creative communicator. Developed working relationships at all levels, with other government agencies, businesses and community organizations. Produced a quarterly newsletter. Business Outreach • Headed a team that regularly participated in outreach to local business to provide information regarding business assistance programs. In fiscal year-2005-2006, over 800 business were provided services . Management • WIA Program Coordinator for the City of Santa Ana. Planned, developed and implemented workforce development programs. Supervised 14 staff in the day -to -day operations of the Santa Ana One -Stop. Experienced in local policy development. • Builder and leader of effective organizations and teams. RELEVANT PROFESSIONAL- EXPERIENCE CITY OF SANTA ANA, Santa Ana, California 1995 - Present Programs Manager For the last 11 years 1 have worked within the workforce development system overseeing Federal, State and locally funded programs providing services to Santa Ana's business clientele and job seekers. The workforce development activities of our agency have been closely coordinated with the activities of the City of Santa Ana's Economic Development efforts. Santa Ana businesses are one of our primary customers. I am currently overseeing business retention strategies for the City of Santa Ana. EDUCATION CALIFORNIA STATE UNIVERSITY FULLERTON, Fullerton, California Bachelor of Arts in Political Science, Emphasis on Public Administration AWARDS • Recipient of the City of Santa Ana's Exceptional Quality Service Award 2004 -2005, 2002 -2003, 1995 -1996. 13A -27 i BLAIIKOO,� Stacey Lynn Sanchez 2339 Colgate Dr., Costa Mesa, CA 92626 714- 979 -5244 PROFESSIONAL EXPERIENCE EXECUTIVE DIRECTOR Southern California Reinvestment CDFI (3/05 to Present) Duties: Manage a multi -bank lending consortia's established in October 1995 for the purpose of providing structured balance sheet financing and Standby Letters of Credit to small business owners. Service Riverside, San Bernardino, Orange and contiguous counties. Responsibilities include organization policies /procedures, financial reporting, loan scivicing /processing, marketing, budget oversight, investor reporting and relations, personnel and credit portfolio management, fundraising, capitalization campaigns. Report to a board of directors, advisory board and investment committees. REGIONAL OFFICE MANAGER CDC Small Business Finance (8/03 to 3/05) Ditties: Provide support to Executive Vice President by developing and implementing special projects, providing marketing support, and other duties as assigned. General administration of Santa Ana, Riverside and Pasadena Office including direct supervision of support staff, point person for all facilities, and oversight of rewards and recognition and disciplinary actions if warranted. Represent CDC at business related functions and recommend CDC support in community development. Provide support to community development loan programs by assisting in capitalization campaigns, loan pool formations, assist in board management and marketing of community loan programs. Accomplishments: • Researched and proposed new phone system for company that met all corporate specifications. • Moved two existing office locations and opened new location in Pasadena, including lease negotiations, furniture and equipment purchases. • Successfully applied for Federal grant support for community loan program. LEAD ECONOMIC DEVELOPMENT SPECIALIST (EDS) /PUBLIC INFORIMATION OFFICER(PIO) U.S. Small Business Administration Santa Ana District Office (12198 to 8/2003) Ditties: Lead EDS /PIO -- Developed and implemented a district -wide marketing strategy to encourage community and economic development agencies and other key resource partners to participate with SBA in providing assistance to small businesses. Served as SBA representative in discussion and meeting with community planners, local business owners, banking officials, politicians, citizen groups etc. 13A -29 Responsible for developing and maintaining media relationships and contacts, and meeting SBA's goals for publication of SBA programs and services. Accomplishments: • Successfully increased SBA's partieipat ion in key events in the district. • Developed power point presentations on all programs and services of the SBA improving the consistency and professionalism of speaker's bureau. • Increased participation by business organizations and lenders in SBA Small Business Week Awards, producing G national winners and 3 regional winners in two years. • Successfully increased the district's press covera ge of events, information and success stories, in local media and business organization and chamber newsletters. • Featured speaker for SBA programs and services at nearly 50 events in a three -year period. ANALYST - Stultz Financial, Newport Beach, CA (2/97 - 12/98) Duties: Screen clients for SBA loan program eligibility and prepare SBA loan packages. Analyze 7(a) companion loans and 504 companion first trust deed loans for potential sale on the secondary market. SMALL BUSINESS CONSULTANT - Pomona, Orange County, Torrauce and Long Beach Small Business Development Centers (3/97 - 11/98) Duties: Prepared Minority and Women SBA Pre - Qualification Applications & reviewed potential applicants for program eligibility. Provided consulting to clients in financing, business plan development, and government procurement. Conducted business workshops on a variety of topics. PROCUREMENT/MARKETING SPECIALIST /JUNIOR FINANCIAL ANALYST NE' DA Minority Small Business Development Center (iYIBDC) -- San Bernardino (11/95 -2197) Duties: Marketed the services of the MBDC to the Inland Empire ethnic business organizations and the local lending community through speaking engagements, exposition participation, publications in organization newsletters and local media, representation on conunittees and attendance at monthly mixers and special events. Provided management and technical assistance to local minority owned businesses in procurement, bonding, marketing & business plan development. Assisted Senior Financial Analysts by preparing loan applications, proforma financial and cash flow statements. Managed and promoted a Contractor's Plan -Room, which provided plans and specifications to local contractors. DISTRICT MANAGER - Standard Rent A Car - Sacramento, CA (6/85 -4194) Ditties: Responsible for profitability, service, marketing, employee training, hiring and promotion for 5 retail locations, with 50 employees including 3 outside sales representatives, 5 managers, and 15 management trainees.. i ICTMIC EDUCATION Bachelor of Science, Business Administration, California State University, Northridge Certificate - Mediation Skills, California State University, Long Beach 1/96 Certificate - Training Instructional Design, California State University, Long Beach 1/96 PROFESSIONAL a International Economic Development Council -Intro to Economic Development - 1/07 o SBA Eligibility and Packaging SOP 50 -10 - National Association of Government Guaranteed Lenders - 7/98 e U.S. Small Business Administration - Commercial Credit 1; 1999 o U.S. Small Business Administration National Outreach Office Sales & Marketing Training - 1999 O U.S. Small Business Administration Marketing & Outreach Training - 2000 e U.S. Small Business Administration - Public Affairs Training - 2000 TECHNICAL Proficient in, Microsoft Word, Excel, PowerPoint, Outlook, Publisher and ACT. MEMEBERSHIPS e SBA Small Business Awards Planning Committee — 1999 to 2006 Asian Business Association Corporate Advisory Board — 2003 to 2006 '£ri- County Small Business Development Center Advisory Board — 2004 to present First 5 of Riverside County Task Force -- 2005 to present • San Bernardino Women's Business Center Advisory Board - 2006 to present AWARDS 1999 Minority Small Business Advocate by San Bernardino County Board of Supervisor 13A -31 SoCal Reinvestment CDFI Home About Us Apply for a Loan >> History Board of Directors History N Loan Committee » Member Banks Page 1 of 1 FAQ Nevis Resources Contact Us Southern California Reinvestment CDFI (SCR) was established In January 2005 as a result of the merger between Inland Empire Lenders' Community Development Corporation, a Certified Development Financial Institution (CDFI) established In 1995 and Bankers' Small Business Community Development Corporation of Orange County, a Community Development Financial Institution (CDFI) established in 1995. Southern California Reinvestment CDFI is certified by the U.S. Department of Treasury as a Community Development Financial Institution (CDFI) and by the State of California, Department of Insurance California Organized Investment Network (COIN), as a California CDFI. Southern California Reinvestment CDFI Is a for profit corporation regulated by the California Department of Corporations under lender license number 603 5113. Loan funds are established through the Investment Into loan pools by shareholders. The company Is administered by CDC Small Business Finance through an Administrative Agreement and Memorandum of Understanding. The corporation was created to promote, develop and improve the economic conditions of people In Southern California with a focus on Orange, Riverside, and San Bernardino Counties. Through small business loans, and technical assistance SCR seeks to Improve the condition of small businesses, particularly those owned by minorities, women and persons In low to moderate Income census tracts. SCR strives to graduate borrowers to SBA or conventional bank financing In a three year period. @ 2006 SoCal Reivestment CDFI. Photos by Travis Kiger, lonnei Medina, and Raymond Shobe http: / /www.socaledfi.coinlabout 13A-32 10/22/2007 SoCal Reinvestment CDFI Home About Us Apply for a Loan FAQ News Resources Contact Us `5i?flaurt e "f �fY tr. News Media Coverage •Thr ee- county program makes microloans to small business SoCal Reinvestment, a certified development financial Institution in Santa Ana, has received funding from 14 financial institutions for a new loan pool to make more than $1 million in small- business micro - loans. Read more... •$2 50,000 grant to help small businesses in O.C. Comerica Bank approved $910,000 in grants to four California nonprofit organizations that finance small businesses and first -time homebuyers. Read more... Newsletter Media Announcements Success Stories © 2006 SoCal Reivestment CDFI. Photos by Travis Kiger, Jonnel Medina, and Raymond Shobe Page 1 of 1 http: / /Nvww.socalcdfi.com/news 13A-33 10/22/2007 In response to my conversation Witt) Mr. Jalme Lopez, 1, Daniel Q. Su, ar)) looking forward to dedicating my time to work with fellow valunteers In the Santa Ana Work Farce tnvestntetit Board. i am privileged to share with you my resume and the qualifications you have requested. I have over twenty-five years of extensive experience throughout my pliarrriacy career. My work includes different settings within tile pharmacy field rar►ging from hospital settings to independent retail pharmacy ownership. My hospital expericrtch extends train IJCtA Medical I lospital, USC Medical Center, and pharmacies providing medical care for nursing horde facilitle$ (LTO. In the scope of these practices, I worked as a health care team membor along -side physicians, nurses, and administrative staffs In delivering acute and critical medical care. While at Universal Care, Kaiser Permanonte, FHP, and Talbert Medical Group, i furthered MY pharmacy exPeriento in HMO. I served in many communities white at savons (CVS), and Walgreens. I am currently the CEO /CI'O of Eddarl, inc. and own two independent pharmacies, Fa(macla Santa Ana and Farmacla Bristol, in which both retail pharmacies are in the city of Santa Ana. i am also involved in medical ntission teams that go to third world countries in providing health core. Countries where I served include Costa Rica, Venezuela, and 1?anarna. )Torre these wide - ranged health care experiences, I had opportunities to work along -side with physicians, nurses, Insurance companies, and other healthcare Providers. i was once a real estate agent and awned/ managed rental units. Being a resident of Orange County for over 2a years, i stave watched Orange County grow. My desire now Is to actively contribute tv Orange County's growth. As a team Member who shares a vision for Santa Ana, the heart of Orange County, motivating and ultimately achieving f benefits for people within this community is my goal. Thank you for your time. armada SANTA ANA r� T )i nt ic Sf.1. f (S.ji ISII.iJ 134 -34 j!O N. Main St. Sant, ) Ana. CA 97, o! Fax: `i') T SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting September 27, 2011 CALL TO ORDER The meeting was convened at 6:15 P.M. at Santa Ana Police Department, 60 Civic Center Plaza, Police Community Room, Santa Ana, California. ATTENDANCE Council members present: Claudia Alvarez and David Benavides. Staff present: Police Chief Paul Walters, Fire Chief Dave Thomas, Assistant City Attorney Teresa Judd, Deputy Chief Carlos Rojas, Commander Ken Gominsky, and Loretta Tafoya, Recording Secretary. Public sign -ins: Sharon Portman, Mark Lopez, Irma Macias, Miguel Hernandez, Paty Madueno, Jose Tinajero, Andrew Galvin, Teresa Dang, Hermalindo Saldana, Elsa Munoz, Juan Goday. SUMMARY OF DISCUSSIONS APPROVAL OF MINUTES Minutes approved of the August 10, 2011 meeting. 2. IMPOUND POLICY UPDATE Deputy Chief Rojas reviewed the Impound Policy with the recommendations. Recommendation #1 - Officer allow the driver 25 minutes to contact and summons another licensed driver to the scene, the Police Department used the verbiage similar to that in the San Francisco Police Department policy was used, requiring an officer to wait a minimum of 20 minutes from the time the driver is notified that he /she may summons someone to the scene to take custody of their vehicle. Deputy Chief Rojas stated in reality, it would take approximately 30 minutes. Committee member Benavides asked, when does the time begin? DC Rojas stated that time begins once the driver is notified and the tow truck is called. The time is documented through Communications and the tow company. Committee member Benavides asked about discrepancies with the time and how does it get documented. Police Chief Walters reiterated that everything is documented through Communications. Committee member Benavides wanted to make sure the driver is protected. DC Rojas stated the call is not only stamped through communications, the report and ultimately, the tow company also records the time. Recommendation #2 - Officer will allow a licensed driver at the scene to take custody of the vehicle. The current policy already allows for a licensed driver to take custody of the vehicle under certain conditions. Committee member Benavides asked if only the registered owner can pick up the vehicle and how does the officer know who owns the vehicle? Deputy Chief Rojas stated the officer has to make sure the driver is valid and stated Records can check ownership. 13B -1 Recommendation #3 — Have the driver sign a liability waiver in order to eliminate the requirement for officers to consider towing a vehicle due to the high crime area. Given the explanation and advice of the Police Legal Advisor, this recommendation will not be included. This practice could potentially open the officer, the Department and the City to claims alleging liability where there is none. Recommendation #4 — Allow for a 24 -hour storage for a vehicle that has never been impounded and a 30 -day impoundment for a vehicle that has been impounded two times or more in the last six months. The policy will permit the vehicle to be released the next business day (less than 24- hours) unless a 30 -day hold is permissible as established by the policy. A 30 -day impound may be authorized when a vehicle is impounded where the driver has been issued a citation for a licensing violation at least once in the past nine months or two or more times in the past three years, or other violations as enumerated in the policy. Recommendation #5 — Eliminate the language regarding the "Due proves clause under the 5th amendment of the U.S. Constitution and case law:" reference to Post Storage Hearings. Deputy Chief Rojas stated the language related to the due process of law was changed from the 5th amendment of the U.S. constitution (Federal Standard) to the 14th amendment of the U.S. Constitution, which more accurately reflects local government's duty to extend due process. Language referencing the post- storage hearing requirements as set forth in the Vehicle Code was also included in the policy. Recommendation #6 — No officer shall leave stranded any person who would not be able to obtain transportation in a safe manner. The policy and current law already addresses this issue. Recommendation #7 — Accept an alternate form of identification in lieu of a fingerprint. The Santa Ana Police Department must require a reasonable form of identification that can be used to identify a person and prosecute that person for any criminal offenses as appropriate. Unless necessary in furtherance of prosecution, no fingerprint obtained as required by law shall be entered into any database. 3. PUBLIC COMMENTS • Emilo Ramos stated until now, they have only received fragments of the new policy with the condition that it could be modified without notice. Negotiations have gone on with intrigue and secrets. He would also like more meetings with the Police Department. • Abraham Medina feels there is urgency for the policy due to families involved. • Gema Salas feels towing and fees are still unfair. Many jobs need vehicles. • Maria Zacarias doesn't like the idea of no liability and doesn't want towing at all. • Paty Madueno believes the policy still needs to be worked on and feels it is the same as the previous policy. • Jose Tinajero appreciates the time that has been put in the new policy. • Albert Castillo doesn't feel it was right that the Community did not have the opportunity to review the policy prior to the meeting. Vehicles are still being towed. He agrees with Recommendation #1. He does not understand Recommendation #2. He questions the locations are considered "high crime areas ". He feels 30 days hold on a vehicle is cruel and unusual punishment. i There is no reason to tow and store vehicles. Doesn't understand #5. He likes recommendation number #6 and didn't like #7. Teresa Dang thanked the Chief and DC Rojas for their time. She believed the Chief is in an optimal position right now and that the policy should just be approved and should stop wasting time. She asked DC Rojas how the officers would make contact with another licensed driver. She thinks the policy still needs more clarification. Mark Lopez thinks the impound policy needs to be more aggressive. Sharon Portman would like the policy for chickens be reviewed. Committee member Claudia Alvarez suggested policy be on next Public Safety Agenda. She also recommended the Impound Policy be received and filed. The new law would be in effect October 1, 2011. Committee member David Benavides 2nd the motion. Committee member Benavides would like an update to council on how the new policy is being impacted. The memo would be due December 1 s`. Committee member Alvarez asked who were in favor. The motion passed. 4. COMMITTEE MEMBER COMMENTS Committee member Benavides thanked everyone for coming and appreciated their feedback. Committee member Alvarez stated the chicken laws are outdated and the ordinance would be on next Public Safety Agenda. 5. ITEMS FOR NEXT MEETING A. Chicken Ordinance ADJOURNMENT — 6:33 P.M. <� ttl� PAUL M. WALTERS Chief of Police 13B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the Quarterly Report of Contracts entered into between October 1, 2011 to December 31, 2011 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 October 1, 2011 to December 31, 2011 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 City Council. FISCAL IMPACT There is no fiscal impact associated with this action. Exhibit A: Quarterly Report of Contracts RC 19C -1 19C -2 c-I a--I M N r-I O Y c-I a--I O m c O U 0 O O Q O) [C T OJ t (6 7 U w w O U U) U w Q U UU� (n U z w 0 ~ w U U z Q 2 Ww z a�w0 = w�� _� LU w p w F- a a ww w < � WQ O U Z 0� W C7 QUO O LU gw 0 (nU UU ¢ a > QQ F wU v w? 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W Q W�O r 0 N_ V �O N O V I� M d) O M N (O m 0 N Cl) N N N M m V' 'IT V V V V� N N N N N N N N N N N N N N N N N N V V V V R V V V V V V :c �:Ili V V V :P r r r r r r r .- r r r r r r r r r r Z W a. >-000000000000000000 � -aaaaaaaaaaaaaaaaaa U U J J J J > U J Z Z 2J w ZJ WOOz LL LL Z OUo < 0z v QQZ W U U w_j U z z�> 0 0 LL LL 0 o z ¢zg2pz20www Z?WW-JO W 2- Wd(n- _az_zaU JUDO Q W a-F-5W0-=M�OZ(n¢ W WU� ZQ0 Ix Lg0- -�QW��OOwaz O =(Dofwy oWOOH� W-� =U Z a J W QY a Q a z-- O Q Q O m o W O Q Z Q O J J Q W W Q W a a a 2 2 U�- J W Q M�Ci �Ci �Ci (0�����ONNNNNNN N N N N N N N N N (V N N N N N N N N r r r r r r r r r r r r r r r r r r 19C -6 v 0 0 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES FOR THE BAT NHA BUDDHIST MEDITATION CENTER QL 0-N CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 0=10600W ❑ As Recommended ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the Planning and Building Agency to send a Request for Proposals to qualified consulting firms to provide environmental services for a new meditation center for the Bat Nha Buddhist Temple at 803 South Sullivan Street. DISCUSSION The City is reviewing an application for the construction of a new two - level, 28,000 square foot meditation center for the Bat Nha Buddhist Temple at 803 South Sullivan Street. The facility will replace two small structures that were formerly used as single - family residences. During the review, it was determined that an environmental impact report would likely be required to meet the requirements of the California Environmental Quality Act. As a result, staff has prepared a Request for Proposals for environmental services for this project (Exhibit 1). Once proposals have been received and evaluated, the recommended firm will be submitted for review and action by the City Council. FISCAL IMPACT There is no fiscal impact associated with this request. Jay revino Executive Director Planning and Building Agency VF:rb VAenvironmentaRBat Nha RFP.cc022112 Exhibit: 1. Request for Proposals 19D -1 �'J MA REQUEST FOR PROPOSAL FOR Bat Nha Buddhist Meditation Center 803 South Sullivan Street February 21, 2011 CITY OF SANTA ANA PLANNING DIVISION, M -20 20 CIVIC CENTER PLAZA POST OFFICE BOX 1988 SANTA ANA, CALIFORNIA 92702 Vince Fregoso, AICP, Principal Planner (714) 667 -2713 (714) 973 -1461 Fax vfregoso @santa - ana.org EXHIBIT 1 Lei P? I. INTRODUCTION The City of Santa Ana is requesting proposals from planning and environmental consulting firms for preparation of an environmental document for the Bat Nha Buddhist Meditation Center at 803 South Sullivan Street, Santa Ana. The scope of work may include any and all work efforts related to the analysis, preparation, community outreach and related compliance with CEQA. This will include the preparation of a mitigated negative declaration (or an environmental impact report if necessary) and required technical studies, on -call consulting on as needed basis, and attendance at public hearings. II. PROJECT DESCRIPTION The Bat Nha Buddhist Temple has submitted a proposal to the City to construct a new 27,500 square foot meditation center on 1.46 acres of land. The proposed meditation center will be constructed on top of a podium and will be two- stories (approximately 45 feet) in height. A total of 67 parking spaces are proposed for the project. Access to the structure will be provided from two driveways on Sullivan Street. Currently located on the site is the temple, which occupies two single - family structures and two ancillary buildings. All existing structures on the site will be demolished. Discretionary actions required for the project include a conditional use permit to allow a church on a property that is zoned Single - Family Residence (R -1), and variances for a reduction in required parking and to exceed the allowable building height. Further, a lot merger to combine two parcels into one development site will be needed. Staff has been authorized by the City Council to distribute this Request for Proposals for environmental services to prepare the necessary environmental document. The recommended contract will be submitted for City Council authorization after review of the proposal has been completed. III. GENERAL INFORMATION The term of the consultant will begin when the contract is approved by the City Council. A. When appropriate, the City will furnish information in its possession relevant to preparation of the environmental documentation, including the General Plan and Zoning information. B. The Consultant shall be responsible for retaining data, records and documentation for the preparation of the environmental document. These materials shall be made available to the City upon acceptance of the final draft text or at any earlier time at the request of the City. C. In an effort to promote the hiring and utilization of local businesses /merchants, when selecting a consultant to perform the tasks identified in the following sections, local companies shall be given preference. 2 1901-4 D. This RFP does not commit the City to pay costs incurred in preparation of a response. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety. E. All data, documents and other products used or developed during preparation of the environmental documentation will become property of the City. All responses to the RFP shall become property of the City. Applicants who wish to retrieve documents submitted as part of the response to the RFP may do so after Consultant selection. F. All costs incurred in the preparation of the proposal, the submission of additional information and /or any aspect of a proposal prior to award of a written contract will be borne by the respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any cost or obligation of any kind, which may be incurred by the respondent. G. The City reserves the right to reject and replace any and all subcontractors, and reserves the right to approve all subcontractors. H. Progress review meetings shall be held at intervals deemed appropriate by the City. COORDINATION Coordination with the City, other consultants, and agencies will be required to achieve satisfactory and timely delivery of the final work product. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum by the issuing office. PRIME CONSULTANT RESPONSIBILITIES The selected Consultant will be required to assume responsibilities for all services in their proposal. The selected Consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the Agreement. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the principal proposer. 19D -5 IV. SCOPE OF SERVICES The Consultant shall provide technical environmental services under the direction of City staff. The Consultant will be expected to provide experienced and knowledgeable professional staff. The Consultants' Project Manager and staff shall be responsive and maintain excellent working relationships with project applicant, property owners, developers and City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. Consultant services may include attendance at appropriate City Commission, City Council and neighborhood meetings, and preparation of studies and technical reports. If determined necessary, the consultant shall be required to discuss the project with City Staff and applicant within two -weeks of approving proposal and receiving the notice to proceed from the City. At that time staff and applicant will provide all information pertinent to the project. It shall be the responsibility of the selected consultant to prepare the appropriate environmental document in conformance with the California Environmental Quality Act. The City staff shall work closely with the consultant in achieving a legally defensible document. As part of the proposed environmental document, the following shall be addressed. Please identify the scope of work and related cost estimate by the categories listed below. A. Initiation of the Project/Kick -Off: Attend a kick -off meeting to discuss the project with City staff within five working days of receiving a notice to proceed. At this time, staff will present all information about the project, discuss any project constraints and issues, and refine the scope and responsibilities. B. Preparation of technical studies: Technical studies shall be prepared and provided by the selected consultant that, at a minimum, are those listed in CEQA Appendix G: Environmental Checklist Form of the CEQA Guidelines. C. Preparation of the environmental document appropriate for the project: The consultant will prepare the environmental document for the project. This will include meeting with the City for the purpose of obtaining information necessary for preparation of complete project and alternatives descriptions, establishing early communications among the various team members, and familiarizing the consultant with the issues and concerns identified for analysis. In addition, the initial study, notice of preparation, scoping meeting attendance and the preparation of a screencheck and draft EIR (if required) shall be included as part of this task. D. Preparation of the final environmental document: The consultant shall prepare a final environmental document that is consistent with all applicable provisions of the California Environmental Quality Act. This will include any response to comments, findings of fact, statement of overriding considerations (if applicable), the mitigation monitoring and reporting program, and all other related documents. 4 Lei e E. Attendance at Meetings: The scope of services requires the selected consultant to work closely with staff in preparing the environmental document. The consultant shall budget (at minimum) attendance at the following meetings: 1 Kick -off meeting with City staff 1 Community workshops /stakeholder forums 8 Monthly progress meetings with staff 2 Planning Commission study sessions 1 Environmental Transportation Committee (ETAC) study session 1 City Council study session 2 Planning Commission hearings 2 City Council hearings F. Deliverables (per submittal): 5 Administrative draft mitigated negative declaration 10 Final mitigated negative declaration (with CD's) 1 Electronic files (Print quality pdf, web ready pdf, editable file) Note: Additional copies of the document will be required in the event an EIR is necessary. Further, prior to start of work, software and programs used for data collection, documentation and mapping shall be approved by City staff to affirm compatibility with City systems. V. GENERAL REQUIREMENTS All work shall be performed in conformance with the latest City of Santa Ana, State Office of Planning and Research, State Department of Transportation, OCTA and other involved agencies' policies, procedures, standards and guidelines. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The minimum standard of appearance, organization and content of the documents shall be that of similar types produced by the City and set forth in related City of Santa Ana and other involved agencies' manuals. The Consultant shall modify its work as necessary to meet the level of acceptability defined by the criteria above. VI. PERFORMANCE PERIOD The contract shall begin upon approval by the City Council, and the Consultant shall commence work after notification to proceed by the City. Unless extended by contract amendment, the contract shall terminate on December 1, 2013. The Consultant is advised that any recommendation for contract award is not binding on the City until the Agreement and all pertinent paperwork are fully executed and approved by the City Council. 19D -7 VII. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana Planning Division, M -20, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702 on Thursday, March 1, 2012 by 5:00 PM, and made attention to Vince Fregoso, Principal Planner. Proposals received after the date and time specified in this RFP will be rejected by the Agency as non - responsive. He can also be contacted at (714) 667 -2713 or via email at vfregoso @ santa - ana.org. VIII. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Each firm must address each of the following items in their response to the RFP. A. Statement of Qualifications - In order to maintain uniformity with each Consultant, the Statement of Qualifications must be limited to a maximum of 20 pages (excluding front and back covers, section dividers and resumes). The page limitation includes all appendixes, attachments and supplemental information. The following information is required: 1. Cover Letter — A letter signed by a principal or authorized officer who may make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience in producing environmental documents. The Project Manager /Principal Agent's contact information for the proposed work shall be identified, the associates in- charge when the Project Manager /Principal Agent is absent, and for that of other key personnel. An organization chart identifying only those who will perform work for the proposed project and their brief resume is also required. The project manager shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. The Consultant shall list the time availability of the project manager and the key personnel on a percentage basis to provide the services requested. Subconsultants, if any, shall be identified and are subject to the same requirements as for the prime Consultant. 3. Submittal of Proposal a. Three (3) copies of the RFP shall be signed by a company official with the power to bind the company. b. Structure your proposal to include the Scope of Services, General Time Schedule and Fees. 4. List of projects, which your firm or personnel have completed within the last 5 years, similar to the proposed project. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. G i Lei bffee� 5. References: The Consultant shall submit a list of references comprised of a listing of work similar to that identified in the RFP. 6. Statement containing any suggestions or special concerns that the City should be made aware of, including a project approach necessary for the successful completion of a public project. 7. The proposal must be completely responsive to the RFP. B. Fee Schedule The Consultant shall furnish a fee schedule for the environmental services. The fee schedule shall depict the hourly rates for the prime consultant and any subconsultants with an hourly billing rate for each personnel category to be used on the project. Personnel hourly rates shall reflect all costs for office overhead, including phones, cellular phones, vehicles, mileage and other direct and indirect costs. This fee schedule shall reflect all anticipated fee increases. C. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. IX. PROJECT CONTROL Control of the project shall remain the total responsibility of the City of Santa Ana. X. CONSULTANT SELECTION The City of Santa Ana may designate a Consultant Selection Committee, which will evaluate each proposal based on technical criteria, staffing and qualifications listed within the RFP and make a selection. Final approval of the consultant will be given by the City Council. XI. METHOD OF PAYMENT The Consultant shall submit a monthly invoice to the City for the services rendered in that month. The invoice shall include a summary, as well as a detailed breakdown of the services, the project title, the tasks, the hours, and hourly rates. XII. PROFESSIONAL SERVICES AGREEMENT The RFP and the consultant's proposal will be attached and become part of the agreement as exhibits. XIII. INSURANCE REQUIREMENTS General liability, automotive, worker's compensation and professional liability insurance are required. The certificate shall include the City of Santa Ana and its officers and employees as insured or additional insured. VA G U, XIV. DELAYS The City reserves the right to delay scheduled dates if it is to the advantage of the City. XV. AFFIRMATIVE ACTION PROGRAM The City has an affirmative action program. Qualified firms including small businesses and businesses owned by Women, Minorities and Disabled persons are encouraged to submit bids or proposals. Contractors shall agree to comply with the City's ordinances and regulations regarding Affirmative Action and Equal Employment Opportunity. VF /Environmental /Bat Nha RFP 8 i%i ME REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES FOR THE CALVARY CHURCH EXPANSION PROJECT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the Planning and Building Agency to send a Request for Proposals to qualified consulting firms to provide environmental services for the expansion of Calvary Church at 1010 North Tustin Avenue. DISCUSSION The City is reviewing an application for the construction of several new buildings on the existing Calvary Church campus located at 1010 North Tustin Avenue. During the review, it was determined that an environmental impact report would likely be required to meet the requirements of the California Environmental Quality Act. As a result, staff has prepared a Request for Proposals for environmental services for this project (Exhibit 1). Once proposals have been received and evaluated, the recommended firm will be submitted for review and action by the City Council. FISCAL IMPACT There is no fiscal impact associated with this request. V � Ja . Trevino Executive Director Planning and Building Agency VF:rb VAenvironmental \Calvary Church RFP.cc022112 Exhibit: 1. Request for Proposals 19E -1 19E -2 REQUEST FOR PROPOSAL FOR Calvary Church Expansion Project 1010 North Tustin Avenue February 21, 2011 CITY OF SANTA ANA PLANNING DIVISION, M -20 20 CIVIC CENTER PLAZA POST OFFICE BOX 1988 SANTA ANA, CALIFORNIA 92702 Vince Fregoso, AICP, Principal Planner (714) 667 -2713 (714) 973 -1461 Fax vfregoso @santa - ana.org EXHIBIT 1 19E -3 I. INTRODUCTION The City of Santa Ana is requesting proposals from planning and environmental consulting firms for preparation of a mitigated negative declaration for an expansion and master plan for Calvary Church of Santa Ana at 1010 North Tustin Avenue, Santa Ana. The scope of work may include any and all work efforts related to the analysis, preparation, community outreach and related compliance with CEQA. This will include the preparation of a mitigated negative declaration (or environmental impact report if required) and required technical studies, on- call consulting on as needed basis, and attendance at public hearings. 11. PROJECT DESCRIPTION Calvary Church of Santa Ana has submitted a proposal to the City for a new master plan for their existing campus. The master plan includes the demolition of three existing buildings (17,700 square feet), the partial demolition of a classroom building and chapel (approximately 8,000 square feet), and the construction of a Student Life Center (10,800 square feet), Community Life Center (9,500 square feet) and Children's Ministry Center (12,700 square feet). Other improvements include tenant improvements to existing buildings and the installation of new landscaping on the campus. A total of 1,053 parking spaces are required for this site while 587 are located on -site. The church has off -site agreements with neighboring properties for an additional 446 stalls. Discretionary actions required for the project include a zone change to a specific development (SD) zoning designation and site plan review approval by the Planning Commission. Staff has been authorized by the City Council to distribute this Request for Proposals for environmental services to prepare the necessary environmental document. The recommended contract will be submitted for City Council authorization after review of the proposal has been completed. III. GENERAL INFORMATION The term of the consultant will begin when the contract is approved by the City Council. A. When appropriate, the City will furnish information in its possession relevant to preparation of the environmental documentation, including the General Plan and Zoning information. B. The Consultant shall be responsible for retaining data, records and documentation for the preparation of the environmental document. These materials shall be made available to the City upon acceptance of the final draft text or at any earlier time at the request of the City. C. In an effort to promote the hiring and utilization of local businesses /merchants, when selecting a consultant to perform the tasks identified in the following sections, local companies shall be given preference. K 19E -4 D. This RFP does not commit the City to pay costs incurred in preparation of a response. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety. E. All data, documents and other products used or developed during preparation of the environmental documentation will become property of the City. All responses to the RFP shall become property of the City. Applicants who wish to retrieve documents submitted as part of the response to the RFP may do so after Consultant selection. F. All costs incurred in the preparation of the proposal, the submission of additional information and /or any aspect of a proposal prior to award of a written contract will be borne by the respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any cost or obligation of any kind, which may be incurred by the respondent. G. The City reserves the right to reject and replace any and all subcontractors, and reserves the right to approve all subcontractors. H. Progress review meetings shall be held at intervals deemed appropriate by the City. COORDINATION Coordination with the City, other consultants, and agencies will be required to achieve satisfactory and timely delivery of the final work product. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum by the issuing office. PRIME CONSULTANT RESPONSIBLITIES The selected Consultant will be required to assume responsibilities for all services in their proposal. The selected Consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the Agreement. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the principal proposer. 3 19E -5 IV. SCOPE OF SERVICES The Consultant shall provide technical environmental services under the direction of City staff. The Consultant will be expected to provide experienced and knowledgeable professional staff. The Consultants' Project Manager and staff shall be responsive and maintain excellent working relationships with project applicant, property owners, developers and City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. Consultant services may include attendance at appropriate City Commission, City Council and neighborhood meetings, and preparation of studies and technical reports. If determined necessary, the consultant shall be required to discuss the project with City Staff and applicant within two -weeks of approving proposal and receiving the notice to proceed from the City. At that time staff and applicant will provide all information pertinent to the project. It shall be the responsibility of the selected consultant to prepare the appropriate environmental document in conformance with the California Environmental Quality Act. The City staff shall work closely with the consultant in achieving a legally defensible document. As part of the proposed environmental document, the following shall be addressed. Please identify the scope of work and related cost estimate by the categories listed below. A. Initiation of the Project/Kick -Off: Attend a kick -off meeting to discuss the project with City staff within five working days of receiving a notice to proceed. At this time, staff will present all information about the project, discuss any project constraints and issues, and refine the scope and responsibilities. B. Preparation of technical studies: Technical studies shall be prepared and provided by the selected consultant that, at a minimum, are those listed in CEQA Appendix G: Environmental Checklist Form of the CEQA Guidelines. In addition, the Public Works Agency has identified a scope of work for the preparation of a traffic study for the project. The scope of work is attached as Exhibit A to this RFP. C. Preparation of the draft environmental document appropriate for the project: The consultant will prepare the environmental document for the project. This will include meeting with the City for the purpose of obtaining information necessary for preparation of complete project and alternatives descriptions, establishing early communications among the various team members, and familiarizing the consultant with the issues and concerns identified for analysis. In addition, the initial study, notice of preparation, scoping meeting attendance and the preparation of a screencheck and draft EIR (if required) shall be included as part of this task. D. Preparation of the final environmental document: The consultant shall prepare a final environmental document that is consistent with all applicable provisions of the California Environmental Quality Act. This will include any response to comments, findings of fact, statement of overriding considerations (if applicable), the mitigation monitoring and reporting program, and all other related documents. 4 19E -6 E. Attendance at Meetings: The scope of services requires the selected consultant to work closely with staff in preparing the environmental document. The consultant shall budget (at minimum) attendance at the following meetings: 1 Kick -off meeting with City staff 1 Community workshops /stakeholder forums 8 Monthly progress meetings with staff 2 Planning Commission study sessions 1 Environmental Transportation Committee (ETAC) study session 1 City Council study session 2 Planning Commission hearings 2 City Council hearings F. Deliverables (per submittal): 5 Administrative draft mitigated negative declarations 10 Final mitigated negative declaration (with CD's) 1 Electronic files (Print quality pdf, web ready pdf, editable file) Note: Additional copies of the document will be required in the event an EIR is necessary. Further, prior to start of work, software and programs used for data collection, documentation and mapping shall be approved by City staff to affirm compatibility with City systems. V. GENERAL REQUIREMENTS All work shall be performed in conformance with the latest City of Santa Ana, State Office of Planning and Research, State Department of Transportation, OCTA and other involved agencies' policies, procedures, standards and guidelines. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The minimum standard of appearance, organization and content of the documents shall be that of similar types produced by the City and set forth in related City of Santa Ana and other involved agencies' manuals. The Consultant shall modify its work as necessary to meet the level of acceptability defined by the criteria above. VI. PERFORMANCE PERIOD The contract shall begin upon approval by the City Council, and the Consultant shall commence work after notification to proceed by the City. Unless extended by contract amendment, the contract shall terminate on December 1, 2013. The Consultant is advised that any recommendation for contract award is not binding on the City until the Agreement and all pertinent paperwork are fully executed and approved by the City Council. 19E -7 VII. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana Planning Division, M -20, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702 on Thursday, March 15, 2012 by 5:00 PM, and made attention to Vince Fregoso, Principal Planner. Proposals received after the date and time specified in this RFP will be rejected by the Agency as non - responsive. He can also be contacted at (714) 667 -2713 or via email at vfregoso @ santa - ana.org. VIII. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Each firm must address each of the following items in their response to the RFP. A. Statement of Qualifications - In order to maintain uniformity with each Consultant, the Statement of Qualifications must be limited to a maximum of 20 pages (excluding front and back covers, section dividers and resumes). The page limitation includes all appendixes, attachments and supplemental information. The following information is required: 1. Cover Letter — A letter signed by a principal or authorized officer who may make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience in producing environmental documents. The Project Manager /Principal Agent's contact information for the proposed work shall be identified, the associates in- charge when the Project Manager /Principal Agent is absent, and for that of other key personnel. An organization chart identifying only those who will perform work for the proposed project and their brief resume is also required. The project manager shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. The Consultant shall list the time availability of the project manager and the key personnel on a percentage basis to provide the services requested. Subconsultants, if any, shall be identified and are subject to the same requirements as for the prime Consultant. 3. Submittal of Proposal a. Three (3) copies of the RFP shall be signed by a company official with the power to bind the company. b. Structure your proposal to include the Scope of Services, General Time Schedule and Fees. 4. List of projects, which your firm or personnel have completed within the last 5 years, similar to the proposed project. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. 0 i'' =21001 5. References: The Consultant shall submit a list of references comprised of a listing of work similar to that identified in the RFP. 6. Statement containing any suggestions or special concerns that the City should be made aware of, including a project approach necessary for the successful completion of a public project. 7. The proposal must be completely responsive to the RFP. B. Fee Schedule The Consultant shall furnish a fee schedule for the environmental services. The fee schedule shall depict the hourly rates for the prime consultant and any subconsultants with an hourly billing rate for each personnel category to be used on the project. Personnel hourly rates shall reflect all costs for office overhead, including phones, cellular phones, vehicles, mileage and other direct and indirect costs. This fee schedule shall reflect all anticipated fee increases. C. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. IX. PROJECT CONTROL Control of the project shall remain the total responsibility of the City of Santa Ana. X. CONSULTANT SELECTION The City of Santa Ana may designate a Consultant Selection Committee, which will evaluate each proposal based on technical criteria, staffing and qualifications listed within the RFP and make a selection. Final approval of the consultant will be given by the City Council. XI. METHOD OF PAYMENT The Consultant shall submit a monthly invoice to the City for the services rendered in that month. The invoice shall include a summary, as well as a detailed breakdown of the services, the project title, the tasks, the hours, and hourly rates. XII. PROFESSIONAL SERVICES AGREEMENT The RFP and the consultant's proposal will be attached and become part of the agreement as exhibits. XIII. INSURANCE REQUIREMENTS General liability, automotive, worker's compensation and professional liability insurance are required. The certificate shall include the City of Santa Ana and its officers and employees as insured or additional insured. 19E -9 XIV. DELAYS The City reserves the right to delay scheduled dates if it is to the advantage of the City. XV. AFFIRMATIVE ACTION PROGRAM The City has an affirmative action program. Qualified firms including small businesses and businesses owned by Women, Minorities and Disabled persons are encouraged to submit bids or proposals. Contractors shall agree to comply with the City's ordinances and regulations regarding Affirmative Action and Equal Employment Opportunity. VF /Environmental /Calvary Church RFP 19E -10 CALVARY CHURCH TRAFFIC IMPACT ANALYSIS SITE SPECIFIC REQUIREMENTS • Trip generation forecast including existing and cumulative projects. • Trip distribution forecast and trip assignment customized to accommodate the nature of project and cumulative project traffic. • Research must be done of all major unoccupied office buildings in the vicinity of the project. All major unoccupied buildings must be included as cumulative project in the analysis. • Capacity analysis at the following intersections during both the morning and evening peak periods (traffic counts may be available from the City of Santa Ana active file or existing and ongoing traffic studies within the vicinity). The City of Santa Ana utilizes the following values in calculating Intersection Capacity Utilizations (ICU's):1600 vphpl for turning lanes, 1700 vphpl for through lanes, 5% clearance intervals. For unsignalized intersection, the HCM shall be used. ➢ Fourth Street at 1 -55, SB Ramps (signalized) ➢ Fourth Street at 1 -5, NB Ramps (signalized) ➢ Fourth Street at Tustin Avenue (signalized) ➢ Fourth Street at Park Center Drive (unsignalized) ➢ Fourth Street at Cabrillo Park Drive (unsignalized) ➢ Tustin Avenue at Seventeenth Street (signalized) ➢ Tustin Avenue at Wellington Avenue (signalized) ➢ Tustin Avenue at Fruit Street (signalized) ➢ Wellington Avenue at Williams Street (unsignalized) ➢ Wellington Avenue at Cabrillo Park Drive (unsignalized) ➢ Fruit Street at Park Center Drive (unsignalized) ➢ Fruit Street at Cabrillo Park Drive (unsignalized) NOTE: Some intersection assessments are related to capacity analysis as well as residential neighborhood traffic evaluations. • Assessments and recommendations at project access locations including sight distance & stopping sight distance for project traffic entering and exiting project driveways and controls. • Assessment and recommendation of existing and future configuration /striping and Level of Service (LOS) at all impacted areas including the following segment locations. Please note road segment analysis shall be based on the Orange County MPAH methodology and the City of Santa Ana Circulation Element, No V/C capacity ratios in segment analysis: 0 19E -11 ➢ Tustin Avenue between Fourth Street and Seventeenth Street ➢ Fourth Street between 1 -5, NB Ramps and 1 -55 SB Ramps ➢ Any additional segment as necessitated by the assessment of neighborhood traffic. • Analysis of delivery trucks accessibility, their impact upon the street bordering the site and recommendations to mitigate said impacts. • Internal circulation, particularly with respect to vehicular queues at driveways, required stacking distance and potential impacts upon on- street traffic. • The project scenario analysis must include a scenario that isolates project impacts. • Specific intersection control analysis at all unsignalized intersections. Please note that this is not a request to install a traffic signal. • An assessment and recommendations of existing and future geometric /striping of all end - block locations presented above. • The study must include detailed assessment of potential impacts on the adjacent residential component. Recommendations to minimize or eliminate impacts must be clearly identified. • Meet with City staff to verify /determine other concerns and issues relative to the development of the project. Discuss the key intersections to be analyzed, obtain traffic count information and background data either available in City files of contained in other traffic reports for the area. • Field inspect the subject roadway areas and inventory the existing street system as to base line width, striping patterns, and traffic. • Collect traffic counts on key site area roadways and intersections. These counts will include morning and afternoon peak hour turning movements as well as 24 -hour daily volumes at locations between selected intersections. • Study shall include scenario analysis as follow: ➢ Existing Conditions — utilized to establish the current level or existing baseline of traffic operations. ➢ 2015 Project Opening Year No Project Conditions — establishes project opening year baseline to evaluate the proposed Project. ➢ 2015 Project Opening Year with Project Conditions — represents project opening year baseline traffic conditions. ➢ 2035 Project Design Year No Project Conditions — establishes future year baseline to evaluate the proposed Project. ➢ 2035 Project Design Year with Project Conditions — represents future year baseline traffic conditions with the proposed Project. NOTE: for the purposes of this analysis, the Metro East Overlay shall be used. City staff will provide information. In 19E -12 • Prepare cumulative project traffic analysis to include the potential impacts associated with other uses to be identified. • Investigate the adequacy of site access and internal circulation. Ensure that all access locations will provide safe egress and ingress including adequate sight distance in all directions. • Evaluate the need for additional on -site and /or off -site traffic controls. • Identify measures to mitigate the impact of project traffic including roadway and intersection widening, traffic signals installation & modification signing, localized street improvement strip ing /channelization and all others improvements to provide acceptable LOS. • The City of Santa Ana adopted LOS "D" as the maximum threshold of significance at all intersections and mid -block locations. See Definitions below: LEVEL OF SERVICE DEFINITION Maximum Daily Average for Arterial Roads Street Lane A B C D E F Classification Configuration Principal Arterial 8 Lanes Divided 45,000 52,500 60,000 67,500 75,000 >75,000 Major Arterial 6 Lanes Divided 33,900 39,400 45,000 50,600 56,300 >56,300 Primary Arterial 4 Lanes Divided 22,500 26,300 30,000 33,800 37,500 >37,500 Secondary 4 Lanes 15,000 17,500 20,000 22,500 25,000 >25,000 Arterial Undivided Commuter 2 Lanes 7,500 8,800 10,000 11,300 12,500 >12,500 Street Undivided 11 19E -13 Level of Service Descriptions Level of Description of Operation Range of V/C Service Ratios Free flow. Individual users are virtually unaffected by the presence of others in the traffic stream. Freedom A to select desired speeds and to maneuver within the 0.00-0.60 traffic stream is extremely high. The general level of comfort and convenience provided to the motorist, passenger, or pedestrian is excellent. Stable flow. The presence of other users in the traffic stream begins to be noticeable. Freedom to select desired speeds is relatively unaffected, but there is a B slight decline in the freedom to maneuver within the 0.61 — 0.70 traffic stream from LOS A. The general level of comfort and convenience provided is somewhat less than that of LOS A, because the presence of others in the traffic stream begins to affect individual behavior. Stable flow. This LOS marks the beginning of the range of flow in which the operation of individual users becomes significantly affected by interactions with C others in the traffic stream. The selection of speed is 0.71 — 0.80 affected by the presence of others, and maneuvering within the traffic stream requires substantial vigilance on the part of the user. The general level of comfort and convenience declines noticeably at this level. High density, but stable flow. Speed and freedom to maneuver are severely restricted, and the driver or pedestrian experiences a generally poor level of 0.81-0.90 comfort and convenience. Small increases in traffic flow will generally cause operational problems at this level. Operating conditions at or near the capacity level. All speeds are reduced to a low but relatively uniform value. Freedom to maneuver within the traffic stream is extremely difficult, and generally accomplished by forcing a vehicle of pedestrian to "give way" to E accommodate such maneuvers. Comfort and 0.91 —1.00 convenience levels are extremely poor, and drivers or pedestrian frustration is generally high. Operations at this level are usually unstable because small increases in flow or minor variations within the stream will cause a breakdown. Forced or breakdown flow. This condition exists wherever the amount of traffic approaching a point F exceeds the amount which can traverse that point. > 1.00 Queues form up behind such locations as arrival flow exceeds discharge flow. 12 19E -14 • Prepare a professional traffic engineering traffic impact report to include appropriate text, tabular and graphic material, suitable for presentation to the City as a freestanding document. • The consultant must review relevant traffic and parking studies and documents containing traffic analysis conducted in the area. The report must include investigation of the mitigation list presented in the original development agreement/traffic study as it relates to any proposed mitigation recommended in this study. • An assessment of traffic entering and exiting adiacent arterials must be included particularly with respect to the ability of project to find an "acceptable" gap in the traffic stream without being overtaken by the major street traffic. • Unsignalized intersection capacity analysis and applicable signal warrants analysis at all unsignalized intersections. 13 19E -15 19E -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: AGREEMENTS WITH THE CALIFORNIA STATE LIBRARY AND APPROPRIATION ADJUSTMENT FOR LIBRARY SERVICES ENHANCEMENT GRANTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with the California State Library in the amount of $5,000 for a Library Services and Technology Act program, Digitizing Yourself into the Internet Community, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with the California State Library in the amount of $4,983 for a Library Services and Technology Act program, Literacy on the Move, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager and Clerk of the Council to execute an agreement with the California State Library in the amount of $3,000 for a Library Services and Technology Act program, Santa Ana Youth Overcoming Obstacles, subject to non - substantive changes approved by the City Manager and City Attorney. 4. Approve an appropriation adjustment recognizing $12,983 in the LSTA Grant Awards revenue account (no. 15411002 52001) and appropriating same to expenditure account (no. 15411193 various). DISCUSSION The Library Services and Technology Act (LSTA) is a federal grant program managed by the Institute of Museum and Library Services and administered in California by the State Librarian. Grants are intended to expand service to diverse ethnic and socioeconomic groups, and underserved urban populations. The State Library has awarded three grants to the Santa Ana Public Library in support of its programs through their Eureka Leadership Development Program. LSTA awarded $5,000 for the "Digitizing Yourself into the Internet Community" program to establish a library-based Tech Club supported by volunteer interns recruited from local colleges. The Club will provide a place where members can learn, share, and participate in web publishing under the tutelage of the interns. They will test their skills on non - funded projects for 20A -1 LSTA Grants February 21, 2012 Page 2 Parks, Recreation and Community Services Agency (RRCSA) and various Seeds to Trees projects. Eventually, the Club's curriculum can be expanded to include e- commerce, multimedia production, and many other technology related areas. In addition, LSTA awarded $4,983 for the "Literacy on the Move" program. This program will provide 300 second and third grade children identified as deficient in English Language Arts skills with 25 weeks of specialized early literacy skill development, including sequencing, reading with accuracy and speed, understanding of cause and effect, recognition of context clues, and recognition of words. Mastery of these skills is essential for the development of reading fluency, which should enable program participants to improve their overall school performance. Lastly, LSTA awarded $3,000 for the "Santa Ana Youth Overcoming Obstacles" program. This program will provide 20 at -risk teens with mentoring in the course of the experiences of Santa Ana native Mona Ruiz through discussion of her autobiography, Two Badges. Participants will be given an opportunity to hear Ms. Ruiz speak and to question her about her life choices. The program will culminate in the clean -up of two Santa Ana parks, and the creation of a video highlighting the events and outcomes, which will be broadcast on CTV -3 and YouTube. Funds will be used to purchase digital media equipment, books, teaching and testing materials required to support the various grant requirements. The Library will use in -kind personnel costs to provide the preferred 50% matching funds. FISCAL IMPACT The appropriation adjustment will recognize $12,983 in grant funding from the California State Library in the LSTA Grant Awards revenue account (no. 15411002 52001), and appropriate same to expenditure account (no. 15411193 various). J*_ lx,__,�, Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: �A r� Francisco Gutierrez, rob Executive Director Finance and Management Services Agency January 13, 2012 Heather Folmar, Library Operations Manager Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 -4010 Dear Ms. Folmar: CJC TBRR STAT ARY PRESERVING OUR HERITAGE, SHAPING OUR FUTURE We are pleased to approve the grant application for the Digitizing Yourself into the Internet Community project for a total of $5,000 in federal Library Services and Technology Act (LSTA) funds. In order to support you, an archived version of a webinar on "Managing your LSTA Grant' presented by the State Library is available to view at http:// infopeople .org/trainin�Jwebcasts/webcast data/497 /index.html. The Library Development Services Staff is ready to assist you in making your project a success. Please be aware state processing of grant payments can require 6 -8 weeks before you receive your check. Best wishes for a successful project. Kindest Regards, Stace A. Aldrich Y State Librarian of California Enclosures cc: Colette Moody Stacey Aldrich Lynn Nguyen Gerardo Mouet Library — Courts Building P.( X3 Sacramento, CA 94237 -0001 THE BASICS — YOUR LSTA GRANT AWARD The following provides all of the basic information about your grant and managing your grant. Award #: 40 -8025 IMLS #: LS- 00 -11- 0005 -11 Library: Santa Ana Public Library Project Title: Digitizing Yourself into the Internet Community Award Amount: 1 $5,000 2011/12 LSTA APPROVED BUDGET Salaries and Benefits 0 Library Materials 0 Equipment Items over $5,000 0 Operating Expenses 5,000 Project Total 5,000 Indirect Cost UP TO 10% 0 Grant Total $5,000 Start Date: Janu 13, 2012 End Date: I August 31, 2012 This project will be officially closed as of the end date listed above and no new expenditures may be generated, nor may any additional funded project activities occur. Unexpended or unencumbered funds must be returned within 30 days of the end date. However, if funds were encumbered prior to the end date, this project is allowed 45 days to liquidate those encumbrances. Any funds not liquidated are to be returned with the liquidation report within 60 days of the end date. REPORTING Financial and program narrative reports are required. All required reporting materials will be located on the California State Library's website at http: / /www.librar . ca_gov /grants/Ista/manage.html. The forms, along with instructions, will be on the website under the heading "Eureka! Leadership 2011/12." The Grant Guide for this project will list specific reporting due dates. This letter and the enclosed list of LSTA procedural requirements amend the Consolidated Application/Grant Award Certification document and must remain a part of all your existing copies. Failure to provide timely reports is a serious breach of a grant recipient's administrative duty under the grant program, which may result in federal audit exceptions against the state and the loss of LSTA funds. PAYMENTS Please note this clarification regarding payments. If your full grant amount is $20,000 or more, ten percent (10 %) of the grant award is withheld until the end of the project period. It is payable only if the grant recipient fulfills all project reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the grant program. CONTACT We want your project to be successful. The following staff person will be your contact for this project. Please work with this consultant in implementing your project. Grant Monitor: St ace Aldrich Phone Number: 916) 654 -0188 Email Address: saldrich@library.ca.gov Doc.#/5726 20A -4 File#E- 23 /WP10 California State Library Fiscal Office P.O.942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 1 LSTA GRANT AWARD # 40 -8025 Project Title: Digitizing Yourself into the Internet Community System /Agency: Santa Ana Public Library CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD I. The recipient designated above hereby certifies to the California State Library, for a grant of funds in the amount $5,000 . This block grant will provide library services as set forth in the LSTA Service Project Application as approved and /or as amended by the California State Librarian. TERMS AND CONDITIONS The recipient agency and its named or designated fiscal agent hereby assures the California State Library that: 1. It is mutually understood between the parties that this grant award may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the grant award were executed after that determination was made. 2. This grant award is valid and enforceable only if sufficient funds are made available to the State by the United States government for the Fiscal Year 2011/12 for the purposes of this program. In addition, this grant award is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms or funding of this grant award in any manner. 3. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this grant award shall be amended to reflect any reduction in funds. 4. The California State Library has the option to amend the grant award to reflect any reduction of funds. 5. Upon the grant award approval by the State Librarian, one (1) completed set of this CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD and RECIPIENT CERTIFICATION will be sent to the subgrantee. Such copy shall be the officially approved agreement for the conduct of the approved project. 6. " Subgrantee" means the government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided. 7. The subgrantee will make reports to the State Librarian in such form and containing such information as may be required to enable the California State Library to perform its duties. The subgrantee will keep such records and afford such access as the California State Librarian, California State Library may find necessary to assure the correctness and verification of such reports. 20A -5 California State Library Fiscal Office P.O. 942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 2 LSTA GRANT AWARD # 40 -8025 Project Title: Digitizing Yourself into the Internet Community System /Agency: Santa Ana Public Library CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD, LSTA (continued) 8. The control of funds and title to property derived there from shall be in a subgrantee agency for the uses and purposes provided; a subgrantee agency will administer such property and funds and shall apply funds only for the purposes for which they were granted. 9. The expenditure under this program will not be used to supplant subgrantee effort. 10. This agreement is entered into under provisions of the Library Services and Technology Act, Public Law 104 -208 on September 30, 1996; and Congressional Record — House, H11644- H11728 on September 28, 1996, H12266- H12267 on October 3, 1996; and 45 CFR 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, October 1, 1994. 11. Performance of the provisions of this agreement is subject to the conditions and availability of funds as awarded by the State Librarian under said Act. 12. The terms of this agreement shall be from upon execution to and including June 30, 2010. But shall be subject to termination by either party by giving written notice to the other party at least thirty (30) days prior to the effective date of termination. In the event this agreement is so terminated, the subgrantee shall deliver to the State Librarian copies of all reports and/or materials prepared up to the date of termination, and the State Librarian shall determine, and pay the subgrantee for the necessary and appropriate expenditures and obligations to the date of termination which have not been covered by prior installments heretofore paid to the subgrantee. If funding has been advanced to the subgrantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 60 days of the notice of termination. 13. The State Librarian is empowered to review, audit, and inspect the project for compliance with this agreement. LIMITATION OF EXPENDITURE Expenditure for all projects must conform to the approved budget, as amended, and with applicable Federal and State laws and regulations. California State Library Fiscal Office P.O. 942837 Sacramento, CA 94237 -0001 Project Title: Digitizing Yourself into the Internet Community System /Agency: Santa Ana Public Library LSTA GA PAGE 3 LSTA GRANT AWARD # 40 -8025 CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD, LSTA (continued) Any of the sums listed as approved and /or amended appearing under the categories in the approved budget may be adjusted by the authorized project personnel of the subgrantee to increase any allotment not more than 10% with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the subgrantee under this agreement shall not exceed $5,000 and shall be expended /encumbered in the designated grant period. REPORTS AND CLAIMS It is the responsibility of the recipient of these instructions to see that the proper individual to supply the required reports and claims receives the instructions and makes the required reports and claims to the California State Library. 1. The subgrantee shall be responsible for the submission of two Narrative Reports, unless otherwise noted in the State Librarian's award letter, on the progress and activities of the project, in triplicate, to the State Library within 30 days following the end of the designated quarter. II. The subgrantee shall submit quarterly Financial Reports, in triplicate, to the State Library, unless otherwise noted in the State Librarian's award letter. These reports are to reflect the expenditures made by the subgrantee under the agreement. The financial reports are to be submitted within 30 days following the end of the designated quarter. II. To obtain payment hereunder the subgrantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit. III. The final 10% of the grant award is payable only if the grant recipient fulfills all project reporting requirements and returns all unspent funds by the time specified in the award. Failure to provide timely reports is a serious breach of a grant recipient's administrative duty under the award, which may result in federal audit exceptions against the State and the loss of LSTA funds. The State Librarian may extend the final deadline for good cause. Request for extension beyond the final deadline of the grant period must be received at least 30 days prior to that deadline at the State Librarian's office. Payment will be provided to.cover the expenditures incurred by the subgrantee for the project in the following manner: $5,000 upon execution of the agreement and submission of claim by fiscal agent If the amount of payment made by the California State Library shall exceed the actual expenses during the term of this agreement, as reflected in the financial reports to be filed by the subgrantee, the subgrantee shall refund to the California State Library the amount of such excess payment. 20A -7 California State Library Fiscal Office P.O. 942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 4 LSTA GRANT AWARD # 40 -8025 Project Title: Digitizing Yourself into the Internet Community System /Agency: Santa Ana Public Library NONDISCRIMINATION CLAUSE ADDENDUM 1. During the performance of this grant award, the recipient, subgrantee and its contractors shall not deny the grant.award's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age (over 40) or sex. Subgrantee shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. 2. Subgrantee shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 1290 et. seq.), the regulations promulgated thereunder (Cal. Admin. Code, Title 2, Sections 7285.0 et. seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Sections 11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. 3. Subgrantee or recipient shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other.sources of information and its facilities as said Department of Agency shall require to ascertain compliance with this clause. 4. Recipient, subgrantee and.its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 5. Subgrantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under the grant award. California State Library Fiscal Office P.O. 942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 5 LSTA GRANT AWARD # 40 -8025 Project Title: Digitizing Yourself into the Internet Community System /Agency: Santa Ana Public Library CERTIFICATION REGARDING LOBBYING FOR GRANTS AND COOPERATIVE AGREEMENTS This certification is a prerequisite for making or entering into a grant or cooperative agreement over $100,000. Upon the acceptance of the grant award, the subgrantee as required by Section 1352, Title 31 of the U.S. Code certifies to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the subgrantee, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the subgrantee shall complete and submit Standard Form — LLL, `Disclosure Form to Report Lobbying,' in accordance with its instructions. 3. The subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. LSTA GRANT AWARD DOCUMENTATION Budget Citation Chapter 33, Item 6120 -211 -0890 LSTA Award #: 40 -8025 Project Title: Digitizing Yourself into the Internet Community Subgrantee: Santa Ana Public Library Approval Date: 1/13/2012 Funding Start Date: * *upon execution ** Term: upon execution — end of grant period Approved Funds: $5,000 Payments: $5,000 upon execution of agreement Schedule No. LUMP -SUM PAYMENT Appropriation Encumbered (designate where applicable) Federal Fund Trust PCA: 92980 For: FY 11/12 WP 10 Code: 702 Vendor Code: M719 Catalog Number From Catalog of Federal Domestic Assistance (CFDA) #: 45.310 IMLS #, LS- 00 -11- 0005 -11 DUNS #: N/A APPROVED BUDGET CATEGORY BUDGET REVISED REVISED ------------------------------------------------------------------------------------------------------------------------------- SALARI ES MATERIALS EQUIPMENT OPERATING EXPENSES $5,000 INDIRECT COSTS TOTAL $5,000 ATTENTION ATTACHED IS THE CLAIM FOR PAYMENT AND THE LSTA GA CERTIFICATION. THESE TWO FORMS MUST BE COMPLETED, SIGNED (WITH ORIGINAL SIGNATURES), AND RETURNED TO: CALIFORNIA STATE LIBRARY FISCAL OFFICE - LSTA P.O. BOX 942837 SACRAMENTO, CA 94237 -0001 THESE FORMS MUST BE SUBMITTED AS SOON AS POSSIBLE TO AVOID DELAY IN RECEIVING FUNDS. YOU SHOULD RETAIN COPIES OF THE CLAIM AND CERTIFICATION FOR YOUR FILES. THESE ARE THE ONLY DOCUMENTS THAT NEED TO BE RETURNED AT THIS TIME. THANK YOU. Attachments 20A -11 UALII-URNIA 51 A I E LIBRARY Library Services and Technology Act FINANCIAL CLAIM FY: 11/12 WP: 10 VENDOR CODE: M719 SCHEDULE NO: Claim of: Santa Ana Public Library Address: For: Santa Ana Public Library (Name of System or Agency) Project Title: Digitizing Yourself into the Internet Community Amount Claimed: $5,000 For Period From: upon execution to end of grant period DATE: I I a Grant Award Number: 40 -8025 Type of Payment PROGRESS FINAL IN FULL Payable Upon Execution of Agreement 1/13/2012 --------------------------------------------------------------------------------------------------------------- CERTIFICATION I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein. by (Signature of the authorized representative) (Title) OjIlCC t!` MyyiAkA L: 2, t State of California State Library Fiscal Office by date (State Library representative) MAIL ONE ORIGINAL SIGNATURE TO: California State Library Fiscal Office — LSTA P.O. Box 942837 Sacramento, CA 94237 -0001 California State Library LSTA GA CERTIFICATION Fiscal Office LSTA GRANT AWARD # 40 -8025 P.O.942837 Sacramento, CA 94237 -0001 Project Title: Digitizing Yourself into the Internet Community System /Agency: Santa Ana Public Library PLEASE COMPLETE AND RETURN THIS PAGE CERTIFICATION I. l affirm that the subgrantee named the legally funds designated conduct of this program's program and is authorized to receive p I I. l certify that all information provided California best of my knowaedge; that as in thessociation with this award is correct and complete to the authorized representative of the subgrantee, I have the legal authority to commit my organization to the conditions of this award. SIGNED the i certify that any or all others{ aWra deand havelpent gad into an agreement(s) t(s) conce�n ng terms of the application /gran , the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and /or as amended in the application. Authorized representative - Type or print name and title of authorized representative JLegal name of local subgrantee DATE Project name as listed on the app cation �U441- "A Street address of named subgrantee City County Zip Code Telephone of authorized rep. o \w�ri,,r CoordinatorlDirector of program, if different `�V C Type or print name and title authorized r�resentative S*Vii 04, WHO SHOULD RECEIVE INSTRUCTIONS FOR PREPARING REQUIRED (Provide name, address and telephone number. Use back, if needed) 41l_d_K -114- L041 Telephone 20A -14 January 13, 2012 Heather Folmar, Library Operations Manager Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 -4010 Dear Ms. Folmar: C.i�1.G 4!'7LG2 STATE I BRARY PRESERVING OUR HERITAGE. SHAPING OuR FUTuRr We are pleased to approve the grant application for the Literacy on the Move: Enhancing Literacy Skills Throughout the Community project for a total of $4,983 in federal Library Services and Technology Act (LSTA) funds. In order to support you, an archived version of a webinar on "Managing your LSTA Grant" presented by the State Library is available to view at hn: / /infopeovle.org/ training /webcasts/webcast data/497 /index.html. The Library Development Services Staff is ready to assist you in making your project a success. Please be aware state processing of grant payments can require 6 -8 weeks before you receive your check. Best wishes for a successful project. Kindest Regards, XAV&V Stacey A. Aldrich State Librarian of California Enclosures cc: Colette Moody Stacey Aldrich Silvia Cisneros Gerardo Mouet Librarp — Courts Building P.2p Y X231 5 Sacramento, CA 94237-0001 THE BASICS — YOUR LSTA GRANT AWARD The following provides all of the basic information about your grant and managing your grant. Award #: 40 -8024 IMLS #: LS- 00 -11- 0005 -11 Library. Santa Ana Public Library Project Title: Literacy on the Move; Enhancing Literacy Skills Throughout the Community Award Amount: 1 $4,983 2011/12 LSTA APPROVED BUDGET Salaries and Benefits 0 Library Materials 0 E ui ment Items over $5,000) 0 Operating Expenses 4,983 Project Total 4,983 Indirect Cost UP TO 10% 0 Grant Total $4,983 Start Date: Janua 13, 2012 End Date: I August 31, 2012 This project will be officially closed as of the end date listed above and no new expenditures may be generated, nor may any additional funded project activities occur. Unexpended or unencumbered funds must be returned within 30 days of the end date. However, if funds were encumbered prior to the end date, this project is allowed 45 days to liquidate those encumbrances. Any funds not liquidated are to be returned with the liquidation report within 60 days of the end date. REPORTING Financial and program narrative reports are required. All required reporting materials will be located on the California State Library's website at http:// www .library.ca.gov /grants/Ista/mana eg htH. The forms, along with instructions, will be on the website under the heading "Eureka! Leadership 2011/12" The Grant Guide for this project will list specific reporting due dates. This letter and the enclosed list of LSTA procedural requirements amend the Consolidated Application/Grant Award Certification document and must remain a part of all your existing copies. Failure to provide timely reports is a serious breach of a grant recipient's administrative duty under the grant program, which may result in federal audit exceptions against the state and the loss of LSTA funds. PAYMENTS Please note this clarification regarding payments. If your full grant amount is $20,000 or more, ten percent (10 %) of the grant award is withheld until the end of the project period. It is payable only if the grant recipient fulfills all project reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the grant program. CONTACT We want your project to be successful. The following staff person will be your contact for this project. Please work with this consultant in implementing your project. Grant Monitor: Stacey Aldrich Phone Number: 916) 654 -0188 Email Address: saldrich@library.ca.gov Doc. #15726 20A -16 Filc #E- 2&WP'10 California State Library Fiscal Office P.O.942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 1 LSTA GRANT AWARD # 40 -8024 Project Title: Literacy on the Move: Enhancing Literacy Skills Throughout the Community System /Agency: Santa Ana Public Library CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD I. The recipient designated above hereby certifies to the California State Library, for a grant of funds in the amount $4,983 . This block grant will provide library services as set forth in the LSTA Service Project Application as approved and /or as amended by the California State Librarian. TERMS AND CONDITIONS The recipient agency and its named or designated fiscal agent hereby assures the California State Library that: 1. It is mutually understood between the parties that this grant award may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the grant award were executed after that determination was made. 2. This grant award is valid and enforceable only if sufficient funds are made available to the State by the United States government for the Fiscal Year 2011/12 for the purposes of this program. In addition, this grant award is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms or funding of this grant award in any manner. 3. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this grant award shall be amended to reflect any reduction in funds. 4. The California State Library has the option to amend the grant award to reflect any reduction of funds. 5. Upon the grant award approval by the State Librarian, one (1) completed set of this CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD and RECIPIENT CERTIFICATION will be sent to the subgrantee. Such copy shall be the officially approved agreement for the conduct of the approved project. 6. " Subgrantee" means the government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided. 7. The subgrantee will make reports to the State Librarian in such form and containing such information as may be required to enable the California State Library to perform its duties. The subgrantee will keep such records and afford such access as the California State Librarian, California State Library may find necessary to assure the correctness and verification of such reports. 20A -17 California State Library Fiscal Office P.O. 942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 2 LSTA GRANT AWARD # 40 -8024 Project Title: Literacy on the Move: Enhancing Literacy Skills Throughout the Community System /Agency: Santa Ana Public Library CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD, LSTA (continued) 8. The control of funds and title to property derived there from shall be in a subgrantee agency for the uses and purposes provided; a subgrantee agency will administer such property and funds and shall apply funds only for the purposes for which they were granted. 9. The expenditure under this program will not be used to supplant subgrantee effort. 10. This agreement is entered into under provisions of the Library Services and Technology Act, Public Law 104 -208 on September 30, 1996; and Congressional Record — House, H11644- H11728 on September 28, 1996, H12266- H12267 on October 3,1996; and 45 CFR 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, October 1, 1994. 11. Performance of the provisions of this agreement is subject to the conditions and availability of funds as awarded by the State Librarian under said Act. 12. The terms of this agreement shall be from upon execution to and including June 30, 2010. But shall be subject to termination by either party by giving written notice to the other party at least thirty (30) days prior to the effective date of termination. In the event this agreement is so terminated, the subgrantee shall deliver to the State Librarian copies of all reports and /or materials prepared up to the date of termination, and the State Librarian shall determine, and pay the subgrantee for the necessary and appropriate expenditures and obligations to the date of termination which have not been covered by prior installments heretofore paid to the subgrantee. If funding has been advanced to the subgrantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 60 days of the notice of termination. 13. The State Librarian is empowered to review, audit, and inspect the project for compliance with this agreement. LIMITATION OF EXPENDITURE Expenditure for all projects must conform to the approved budget, as amended, and with applicable Federal and State laws and regulations. California State Library Fiscal Office P.O. 942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 3 LSTA GRANT AWARD # 40 -8024 Project Title: Literacy on the Move: Enhancing Literacy Skills Throughout the Community System /Agency: Santa Ana Public Library CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD, LSTA (continued) Any of the sums listed as approved and /or amended appearing under the categories in the approved budget may be adjusted by the authorized project personnel of the subgrantee to increase any allotment not more than 10% with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the subgrantee under this agreement shall not exceed $4,983 and shall be expended /encumbered in the designated grant period. REPORTS AND CLAIMS It is the responsibility of the recipient of these instructions to see that the proper individual to supply the required reports and claims receives the instructions and makes the required reports and claims to the California State Library. I. The subgrantee shall be responsible for the submission of two Narrative Reports, unless otherwise noted in the State Librarian's award letter, on the progress and activities of the project, in triplicate, to the State Library within 30 days following the end of the designated quarter. ll. The subgrantee shall submit quarterly Financial Reports, in triplicate, to the State Library, unless otherwise noted in the State Librarian's award letter. These reports are to reflect the expenditures made by the subgrantee under the agreement. The financial reports are to be submitted within 30 days following the end of the designated quarter. II. To obtain payment hereunder the subgrantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit. III. The final 10% of the grant award is payable only if the grant recipient fulfills all project reporting requirements and returns all unspent funds by the time specified in the award. Failure to provide timely reports is a serious breach of a grant recipient's administrative duty under the award, which may result in federal audit exceptions against the State and the loss of LSTA funds. The State Librarian may extend the final deadline for good cause. Request for extension beyond the final deadline of the grant period must be received at least 30 days prior to that deadline at the State Librarian's office. Payment will be provided to cover the expenditures incurred by the subgrantee for the project in the following manner: $4,983 upon execution of the agreement and submission of claim by fiscal agent If the amount of payment made by the California State Library shall exceed the actual expenses during the term of this agreement, as reflected in the financial reports to be filed by the subgrantee, the subgrantee shall refund to the California State Library the amount of such excess payment. California State Library Fiscal Office P.O. 942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 4 LSTA GRANT AWARD # 40 -8024 Project Title: Literacy on the Move: Enhancing Literacy Skills Throughout the Community System /Agency: Santa Ana Public Library NONDISCRIMINATION CLAUSE ADDENDUM 1. During the performance of this grant award, the recipient, subgrantee and its contractors shall not deny the grant award's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age (over 40) or sex. Subgrantee shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. 2. Subgrantee shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 1290 et. seq.), the regulations promulgated thereunder (Cal. Admin. Code, Title 2, Sections 7285.0 et. seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Sections 11135- 11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. 3. Subgrantee or recipient shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department of Agency shall require to ascertain compliance with this clause. 4. Recipient, subgrantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 5. Subgrantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under the grant award. 411_WIC California State Library Fiscal Office P.O. 942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 5 LSTA GRANT AWARD # 40 -8024 Project Title: Literacy on the Move: Enhancing Literacy Skills Throughout the Community System /Agency: Santa Ana Public Library CERTIFICATION REGARDING LOBBYING FOR GRANTS AND COOPERATIVE AGREEMENTS This certification is a prerequisite for making or entering into a grant or cooperative agreement over $100,000. Upon the acceptance of the grant award, the subgrantee as required by Section 1352, Title 31 of the U.S. Code certifies to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the subgrantee, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the subgrantee shall complete and submit Standard Form — LLL, 'Disclosure Form to Report Lobbying,' in accordance with its instructions. 3. The subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 20A -21 LSTA GRANT AWARD DOCUMENTATION Budget Citation Chapter 33, Item 61 20- 211 -0890 LSTA Award #: 40 -8024 Approval Date: 1/13/2012 Project Title: Literacy on the Move: Enhancing Literacy Skills Throughout the Community Subgrantee: Santa Ana Public Library Funding Start Date: * *upon execution ** Term: upon execution — end of grant period Approved Funds: $4,983 Payments: $4,983 upon execution of agreement Schedule No. LUMP -SUM PAYMENT Appropriation Encumbered (designate where applicable) Federal Fund Trust PCA: 92980 For: FY 11/12 WP 10 Code: 702 Vendor Code: M719 Catalog Number From Catalog of Federal Domestic Assistance (CFDA) #: 45.310 IMLS #: LS- 00 -11- 0005 -11 DUNS #: N/A ---------------------------------------------------------------------------------------------------- APPROVED BUDGET CATEGORY BUDGET REVISED ---------------------------------------------------------------------------------------------------- SALARIES MATERIALS EQUIPMENT OPERATING EXPENSES $4,983 INDIRECT COSTS TOTAL $4,983 REVISED ATTENTION ATTACHED IS THE CLAIM FOR PAYMENT AND THE LSTA GA CERTIFICATION. THESE TWO FORMS MUST BE COMPLETED, SIGNED (WITH ORIGINAL SIGNATURES), AND RETURNED TO: CALIFORNIA STATE LIBRARY FISCAL OFFICE - LSTA P.O. BOX 942837 SACRAMENTO, CA 94237 -0001 THESE FORMS MUST BE SUBMITTED AS SOON AS POSSIBLE TO AVOID DELAY IN RECEIVING FUNDS. YOU SHOULD RETAIN COPIES OF THE CLAIM AND CERTIFICATION FOR YOUR FILES. THESE ARE THE ONLY DOCUMENTS THAT NEED TO BE RETURNED AT THIS TIME. THANK YOU. Attachments li!\LIrVRIVI/i J 1 H I C LIDMt'%M I Library Services and Technology Act FINANCIAL CLAIM FY: 11/12 WP: 10 VENDOR CODE: M719 SCHEDULE NO: Claim of: Santa Ana Public Library DATE: 1 I,-;-) U f lam. Address: � i s i For: Santa Ana Public Library (Name of System or Agency) Project Title: Literacy on the Move: Enhancing Literacy Skills Throughout the Community Amount Claimed: $4,983 Grant Award Number: 40 -8024 For Period From: upon execution to end of grant period Type of Payment PROGRESS FINAL IN FULL Payable Upon Execution of Agreement 1/13/2012 ------------------------------------------------------------------------------------------------------------------------------------------- CERTIFICATION I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein. by (Signature of the authorized representative) v-b 1 WW �'r CF-V 0-0-, CYO (Title) I�pvv�YYiUIVI` l��C'/rV'l�,$ ----------------------------------------------------------------------------------------------------------------------------- - - - - -- State of California State Library Fiscal Office by date (State Library representative) MAIL ONE ORIGINAL SIGNATURE TO: California State Library Fiscal Office — LSTA P.O. Box 942837 Sacramento, CA 94237 -0001 20A -24 California State Library LSTA GA CERTIFICATION Fiscal Office P.O. 942837 LSTA GRANT AWARD # 40 -8024 Sacramento, CA 94237 -0001 Project Title: Literacy on the Move: Enhancing Literacy Skills Throughout the Community System /Agency: Santa Ana Public Library PLEASE COMPLETE AND RETURN THIS PAGE CERTIFICATION I affirm that the subgrantee named below is the legally designated representative for this program and is authorized to receive and expend funds for the conduct of this program. li. 1 certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge; that as the authorized representative of the subgrantee, I have the legal authority to commit my organization to the conditions of this award. III. 1 certify that any or all other subgrantees participating in the program have agreed to the terms of the application /grant award, and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and /or as amended in the application. SIGNED Authorized representative DATE 1�� W00% ! q_0'kU6\6 V\ 04 �O�VN Se'W\Qa4 Type or print name and title of authorized representative &VLON' Legal name of local subgrantee l-:� Project name as listed on the pplication Street address of named subgrantee City LInn g- County Zip Code Telephone of authorized rep. Coordinator /Director of program, if different Type or print name and tit1d of authorized representative Q Telephone �1 \yla . G.kPW" P, &)-�--cock , 0Y'-\ WHO SHOULD RECEIVE INSTRUCTIONS FOR PREPARING REQUIRED REPORTS: (Provide name, address and telephone number. Use back, if needed) 20A -25 ��l_ T ' 1 r STATE I BRARY "ut tir R�sw4U�!R f!: R '.A[G!. StiA! itv U.2 f l'7l fv January 20, 2012 Heather Folmar, Library Operations Manager Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 -4010 Dear Ms. Folmar: We are pleased to approve the grant application for the Santa Ana Youth Overcoming Obstacles, One Discussion at a Time project for a total of 53,000 in federal Library Services and Technology Act (LSTA) funds. We look forward to seeing the results of your Book -To- Action project based on the book "Two Badges: The Lives of Mona Ruiz," a local Police Detective who was once a gang member, for a book club of local teens, including an author visit. We especially liked your plans to partner with Santa Ara Parks and Recreation Department to clean up two local parks mentioned in the book, and the plan to utilize teens in the library's Digital Media Class to create the video. As you begin this project please take note of the following: • We would encourage you to also consider the engagement of other local adult volunteers in the clean -up projects to encourage intergenerational mentoring. • Please upload the final video to YouTube no later than August 31, and provide the url(s) in your final report. • Your volunteer opportunities posted on VolunteerMatch need some work. Please contact Carla Lehn at clean@library.ca.gov for some brief technical assistance. In order to support you, an archived version of a webinar on "Managing your LSTA Grant" presented by the State Library is available to view at http:, infopeoplle orL,,trainin�,,/,N,ebeasts'webcast data 497rindex.htrnl. The Library Development Services Staff is ready to assist you in making your project a success. Please be aware state processing of grant payments can require 6-8 weeks before you receive your check. Best wishes for a successful project. Kindest Regards, or IV-W-V Stacey A. Aldrich State Librarian of California Enclosures cc: Colette Moody Carla Lehn Beatriz Preciado Gerardo Mouet 20A -27 THE BASICS — YOUR LSTA GRANT AWARD The following provides all of the basic information about your grant and managing your grant. Award #: 40-8039 IMLS #: LS- 00-11- 0005 -11 Library: Santa Ana Public Library Project Title: Santa Ana Youth Overcoming Obstacles One Discussion at a Time Award Amount: S3 000 2011 /12 LSTA APPROVED BUDGET Salaries and Benefits 2,250 Library Materials 600 Equipment Items over $5,000) 0 Operating Ex es 150 Project Total 3,090_ Indirect Cost TO 10% 0 Grant Total $3,000 Start Date: January 20 2012 End Date. August 31, 2012 This project will be officially closed as of the end date listed above and no new expenditures may be generated, nor may any additional funded project activities occur. Unexpended or unencumbered funds must be returned within 30 days of the end date. However, if funds were encumbered prior to the end date, this project is allowed 45 days to liquidate those encumbrances. Any funds not liquidated are to be returned with the liquidation report within 60 days of the end date. REPORTING Financial and program narrative reports are required. All required reporting materials will be located on the California State Library's website at http; ri«zNiv library ca L)ov tyrants Ista'mana eg hunt. The forms, along with instructions, will be on the website under the heading "Get Involved: Book to Action Project 2011112." The Grant Guide for this project will list specific reporting due dates. This letter and the enclosed list of LSTA procedural requirements amend the Consolidated Application/Grant Award Certification document and must remain a part of all your existing copies. Failure to provide timely reports is a serious breach of a grant recipient's administrative duty under the grant program, which may result in federal audit exceptions against the state and the loss of LSTA funds. I7 "%11MIp1►11KV Please note this clarification regarding payments. If your foil grant amount is $20,000 or more, ten percent (100%) of the grant award is withheld until the end of the project period. It is payable only if the grant recipient fulfills all project reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the grant program. CONTACT We want your project to be successful. The following staff person will be your contact for this project. Please work with this consultant in implementing your project. Grant Monitor: Carla Lehn Phone Number: 916 6537743 Email Address: clehn lib .ca. ov Doc* File M7/WP10 California State Library Fiscal Office P.O. 942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 1 LSTA GRANT AWARD # 40 -8039 Project Title: Santa Ana Youth Overcoming Obstacles, One Discussion at a Time System /Agency: Santa Ana Public Library CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD I. The recipient designated above hereby certifies to the California State Library, for a grant of funds in the amount $3,000 . This block grant will provide library services as set forth in the LSTA Service Project Application as approved and /or as amended by the California State Librarian. TERMS AND CONDITIONS The recipient agency and its named or designated fiscal agent hereby assures the California State Library that: 1. It is mutually understood between the parties that this grant award may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the grant award were executed after that determination was made. 2. This grant award is valid and enforceable only if sufficient funds are made available to the State by the United States government for the Fiscal Year 2011/12 for the purposes of this program. In addition, this grant award is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms or funding of this grant award in any manner. 3. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this grant award shall be amended to reflect any reduction in funds. 4. The California State Library has the option to amend the grant award to reflect any reduction of funds. 5. Upon the grant award approval by the State Librarian, one (1) completed set of this CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD and RECIPIENT CERTIFICATION will be sent to the subgrantee. Such copy shall be the officially approved agreement for the conduct of the approved project. 6. ° Subgrantee" means the government or other legal entity to which a subgrant is awarded and which Is accountable to the grantee for the use of the funds provided. 7. The subgrantee will make reports to the State Librarian in such form and containing such information as may be required to enable the California State Library to perform its duties. The subgrantee will keep such records and afford such access as the California State Librarian, California State Library may find necessary to assure the correctness and verification of such reports. California State Library Fiscal Office P.O. 942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 2 LSTA GRANT AWARD # 40 -8039 Project Title: Santa Ana Youth Overcoming Obstacles, One Discussion at a Time System /Agency: Santa Ana Public Library CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD, LSTA (continued) 8. The control of funds and title to property derived there from shall be in a subgrantee agency for the uses and purposes provided; a subgrantee agency will administer such property and funds and shall apply funds only for the purposes for which they were granted. 9. The expenditure under this program will not be used to supplant subgrantee effort. 10. This agreement is entered into under provisions of the Library Services and Technology Act, Public Law 104 -208 on September 30, 1996; and Congressional Record — House, H11644- H11728 on September 28, 1996, H12266- H12267 on October 3, 1996; and 45 CFR 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, October 1, 1994. 11. Performance of the provisions of this agreement is subject to the conditions and availability of funds as awarded by the State Librarian under said Act. 12. The terms of this agreement shall be from upon execution to and including June 30, 2010. But shall be subject to termination by either party by giving written notice to the other party at least thirty (30) days prior to the effective date of termination. In the event this agreement is so terminated, the subgrantee shall deliver to the State Librarian copies of all reports and /or materials prepared up to the date of termination, and the State Librarian shall determine, and pay the subgrantee for the necessary and appropriate expenditures and obligations to the date of termination which have not been covered by prior installments heretofore paid to the subgrantee. If funding has been advanced to the subgrantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 60 days of the notice of termination. 13. The State Librarian is empowered to review, audit, and inspect the project for compliance with this agreement. LIMITATION OF EXPENDITURE Expenditure for all projects must conform to the approved budget, as amended, and with applicable Federal and State laws and regulations. California State Library Fiscal Office P.O. 942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 3 LSTA GRANT AWARD # 40 -8039 Project Title: Santa Ana Youth Overcoming Obstacles, One Discussion at a Time System /Agency: Santa Ana Public Library CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD, LSTA (continued) Any of the sums listed as approved and /or amended appearing under the categories in the approved budget may be adjusted by the authorized project personnel of the subgrantee to increase any allotment not more than 10% with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the subgrantee under this agreement shall not exceed $3,000 and shall be expended /encumbered in the designated grant period. REPORTS AND CLAIMS It is the responsibility of the recipient of these instructions to see that the proper individual to supply the required reports and claims receives the instructions and makes the required reports and claims to the California State Library. I. The subgrantee shall be responsible for the submission of two Narrative Reports, unless otherwise noted in the State Librarian's award letter, on the progress and activities of the project, in triplicate, to the State Library within 30 days following the end of the designated quarter. II. The subgrantee shall submit quarterly Financial Reports, in triplicate, to the State Library, unless otherwise noted in the State Librarian's award letter. These reports are to reflect the expenditures made by the subgrantee under the agreement. The financial reports are to be submitted within 30 days following the end of the designated quarter. II. To obtain payment hereunder the subgrantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit. III. The final 10% of the grant award is payable only if the grant recipient fulfills all project reporting requirements and returns all unspent funds by the time specified in the award. Failure to provide timely reports is a serious breach of a grant recipient's administrative duty under the award, which may result in federal audit exceptions against the State and the loss of LSTA funds. The State Librarian may extend the final deadline for good cause. Request for extension beyond the final deadline of the grant period must be received at least 30 days prior to that deadline at the State Librarian's office. Payment will be provided to cover the expenditures incurred by the subgrantee for the project in the following manner: $3,000 upon execution of the agreement and submission of claim by fiscal agent If the amount of payment made by the California State Library shall exceed the actual expenses during the term of this agreement, as reflected in the financial reports to be filed by the subgrantee, the subgrantee shall refund to the California State Library the amount of such excess payment. 20A -31 California State Library Fiscal Office P.O. 942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 4 LSTA GRANT AWARD # 40 -8039 Project Title: Santa Ana Youth Overcoming Obstacles, One Discussion at a Time System /Agency: Santa Ana Public Library NONDISCRIMINATION CLAUSE ADDENDUM 1. During the performance of this grant award, the recipient, subgrantee and its contractors shall not deny the grant award's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age (over 40) or sex. Subgrantee shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. 2. Subgrantee shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 1290 et. seq.), the regulations promulgated thereunder (Cal. Admin. Code, Title 2, Sections 7285.0 et. seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Sections 11135- 11139.5), and the regulations or standards adopted by the awarding state agency to Implement such article. 3. Subgrantee or recipient shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department of Agency shall require to ascertain compliance with this clause. 4. Recipient, subgrantee and Its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 5. Subgrantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under the grant award. California State Library Fiscal Office P.O. 942837 Sacramento, CA 94237 -0001 LSTA GA PAGE 5 LSTA GRANT AWARD # 40 -8039 Project Title: Santa Ana Youth Overcoming Obstacles, One Discussion at a Time System /Agency: Santa Ana Public Library CERTIFICATION REGARDING LOBBYING FOR GRANTS AND COOPERATIVE AGREEMENTS This certification is a prerequisite for making or entering into a grant or cooperative agreement over $100,000. Upon the acceptance of the grant award, the subgrantee as required by Section 1352, Title 31 of the U.S. Code certifies to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the subgrantee, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the subgrantee shall complete and submit Standard Form — LLL, 'Disclosure Form to Report Lobbying,' in accordance with its instructions. 3. The subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. LSTA GRANT AWARD DOCUMENTATION Budget Citation Chapter 33, Item 6120 - 211 -0890 LSTA Award #: 40 -8039 Approval Date: 1/20/2012 Project Title: Santa Ana Youth Overcoming Obstacles, One Discussion at a Time Subgrantee: Santa Ana Public Library Funding Start Date: * *upon execution ** Term: upon execution — end of grant period Approved Funds: $3,000 Payments: $3,000 upon execution of agreement Schedule No. LUMP -SUM PAYMENT Appropriation Encumbered (designate where applicable) For: FY 11/12 WP 10 Federal Fund Trust PCA: 92980 Code: 702 Vendor Code: M719 Catalog Number From Catalog of Federal Domestic Assistance (CFDA) #: 45.310 IMLS #: LS- 00 -11- 0005 -11 DUNS #: N/A APPROVED BUDGET CATEGORY BUDGET REVISED REVISED ----------------------------------------- SALARIES $2,250 MATERIALS $600 EQUIPMENT OPERATING EXPENSES $150 INDIRECT COSTS ------ — — - — — ------ — ------------- -- ---------- TOTAL $3,000 ATTENTION ATTACHED IS THE CLAIM FOR PAYMENT AND THE LSTA GA CERTIFICATION. THESE TWO FORMS MUST BE COMPLETED, SIGNED (WITH ORIGINAL SIGNATURES), AND RETURNED TO: CALIFORNIA STATE LIBRARY FISCAL OFFICE - LSTA P.O. BOX 942837 SACRAMENTO, CA 94237 -0001 THESE FORMS MUST BE SUBMITTED AS SOON AS POSSIBLE TO AVOID DELAY IN RECEIVING FUNDS. YOU SHOULD RETAIN COPIES OF THE CLAIM AND CERTIFICATION FOR YOUR FILES. THESE ARE THE ONLY DOCUMENTS THAT NEED TO BE RETURNED AT THIS TIME. THANK YOU. Attachments 20A -35 CALIFORNIA STATE LIBRARY Library Services and Technology Act FINANCIAL CLAIM FY: 11/12 WP: 10 VENDOR CODE: M719 SCHEDULE NO: DATE: I ! Claim of: Santa Ana Public Library Address: -Ar, 1 ;° C Q :4 �! V�rua T14YA 1 04 61;-70, For: Santa Ana Public Library (Name of System or Agency) Project Title: Santa Ana Youth Overcoming Obstacles, One Discussion at a Time Amount Claimed: $3,000 Grant Award Number: 40 -8039 For Period From: upon execution to end of grant period Type of Payment PROGRESS FINAL IN FULL Payable Upon Execution of Agreement 1/20/2012 CERTIFICATION I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein. by -4. 'e_ � k-�v (Signature of th authorized representative) State of California State Library Fiscal Office by date (State Library representative) MAIL ONE ORIGINAL SIGNATURE TO: California State Library Fiscal Office – LSTA P.O. Box 942837 Sacramento, CA 94237 -0001 20A -36 California State Library LSTA GA CERTIFICATION Fiscal Office P.O. 942837 LSTA GRANT AWARD # 40 -8039 Sacramento, CA 94237 -0001 Project Title: Santa Ana Youth Overcoming Obstacles, One Discussion at a Time System /Agency: Santa Ana Public Library PLEASE COMPLETE AND RETURN THIS PAGE CERTIFICATION I. 1 affirm that the subgrantee named below is the legally designated representative for this program and is authorized to receive and expend funds for the conduct of this program. 11. 1 certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge; that as the authorized representative of the subgrantee, I have the legal authority to commit my organization to the conditions of this award. III. I certify that any or all other subgrantees participating in the program have agreed to the terms of the application /grant award, and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and /or as amended in the application. SIGNED Authorized DATE 0 ` / 0— ` �� V C '..- Type or print name and title of authorized representative 6-Ay-A, Sk'k-uVtQ- Legal name of local subgrantee Project name as listed on the application Street address of named subgrantee City () �-� �c 6 1 (-7 14) (P4--i - County Zip Code Telephone of authorized rep. Coordinator /Director of program, if different Type or print name and title Telephone WHO SHOULD RECEIVE INSTRUCTIONS FOR PREPARING REQUIRED (Provide name, address and telephone number. Use back, if needed) 20A -37 LSTA Award #40 -8039 Santa Ana Youth Overcoming Obstacles, One Discussion at a Time ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: LAURA SHEEDY Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS City Manager APPROVED AS TO CONTENT: GERARDO MOUET lT Executive Director — Parks, Recreation & Community Services Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: CONTRACT AWARD FOR AMMUNITION (SPEC. NO. 12 -009) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO Ceti► -Q FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract for the purchase of ammunition for a total aggregate amount not to exceed $98,500 as follows: Vendor: Location: Adamson Police Products Los Alamitos, CA Dooley Enterprises, Inc Anaheim, CA Grace Ammo, LLC Eagle, CO San Diego Police Equipment San Diego, CA DISCUSSION The Santa Ana Police Department provides ammunition to its sworn officers, primarily for use during training and range qualification testing. Officers are required to re- qualify regularly to maintain proficiency in the use of firearms. The contract for ammunition is designed to provide quality products at a significant savings based on quantity pricing. The notice inviting bids was advertised on January 18, 2012, and bids were solicited. A summary of the bid invitations and bids received is as follows: 6 Invitations For Bid mailed 4 Bids received Bids were received and opened on January 30, 2012 (Exhibit 1). Vendors were provided the opportunity to bid on 13 types of ammunition. None of the respondents bid on all 13 items contained in the invitation. The bids received from Dooley Enterprises Inc., San Diego Police Equipment, Grace Ammo, LLC and Adamson Police Products are responsive to the specifications and meets the Police Department's requirements. 22A -1 Contracts Award for Ammunition February 21, 2012 Page 2 FISCAL IMPACT Funds for this purchase are available in the Police Training Services Operating Materials & Supplies account (no. 01114410- 63001) and the Police Traffic Miscellaneous Operating Expenses account (no. 01114405- 63001). Paul M. Walters Chief of Police Police Department EG 22A -2 I 't Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ABSTRACT OF BIDS CONTRACT AWARD FOR AMMUNITION SPEC 12 -009 Vendor Dooley San Diego Police Total Value Enterprises Equipment Location Anaheim, CA San Diego, CA Delivery 14 -60 Days 30 -120 Days Number of items Eagle, Co Los Alamitos, CA offered of 13 items 10 9 Requested Items awarded 8 3 Total Value $65,756.42 $7,387.34 Vendor Grace Adamson Ammo, LLC Police Products Location Eagle, Co Los Alamitos, CA Delivery 10 -30 Days 10 -30 Days Number of items offered of 13 items 5 2 Requested Items awarded 1 1 Total Value $23,128.54 $2,064.49 Exhibit 1 22A -3 22A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: CONTRACT AWARD TO MALLORY SAFETY & SUPPLY COMPANY FOR SECURITY SYSTEM CAMERAS (SPEC NO. 12 -017) (UASI FUNDED) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1stReading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Mallory Safety & Supply Company for security system cameras, hardware, and a maintenance agreement in an amount not to exceed $217,000. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate and appropriate equipment to prevent, respond to, and recover from acts of terrorism. In 2011, Santa Ana was designated as an Urban Area Core City for the ninth consecutive year. Utilizing UASI funds, the Police Department built a robust perimeter camera system at the Police Administration Building in 2008. A future phase of the comprehensive security system is to install cameras in the Civic Center Complex. An upgrade to the Storage Area Network (SAN) is necessary to prepare for increased capacity required by the expansion. Additionally, 44 cameras of the existing system are now outdated, including the compression rate of the recording, and are identified for replacement. The contract will also fund a maintenance agreement for hardware for the period beginning with installation of the new cameras and expiring on April 301h, 2013. Santa Ana City Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The equipment will be acquired using the US Communities Government Purchasing Alliance. Mallory Safety & Supply Company's contract for cameras, hardware and maintenance was awarded as a result of open competitive bidding by the County of Fairfax, Virginia, under the US Communities purchasing alliance and meets the City's requirements. To allow for unanticipated charges, an additional 10 percent contingency has been included in the award amount for the camera and hardware purchase. 22B -1 Contract Award for Security System Cameras February 21, 2012 Page 2 FISCAL IMPACT Funds for the cameras are available in the FY 2009 UASI Grant fund account (no.125- 14407- 63001- 10427301182 -3498) for $179,000. Funds for the maintenance agreement are available in the FY2010 UASI Grant fund account (no. 125 - 14491 - 62300 - 1142300182 -3498) for $38,000. <�L I, VN — Paul M. Walters Chief of Police Police Department OL / KM APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director 0 Finance & Mgmt. Services Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: CONTRACT REJECTION AND CONTRACT AWARD TO FOAM EXPERTS ROOFING, INC. FOR CORBIN CENTER RE- ROOFING PROJECT (SPEC. NO. 11 -069 AND 12 -013) ( L 1, (A�t" CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Reject the contract award to Cook Coatings, Inc. for re- roofing the Corbin Center in an amount not to exceed $41,790. 2. Award a contract to Foam Experts Roofing, Inc. for the Corbin Center re- roofing project in an amount not to exceed $41,000. DISCUSSION The Finance and Management Services Agency Building and Maintenance Division annually inspect the condition of the roofs of City facilities. After evaluating the roof at the Corbin Center, the Facilities Maintenance Superintendent has recommended the re- roofing of the facility. The existing roof is approximately 20 years old and no longer cost effective to repair and maintain. The proposed foam roofing system is comprised of a seamless layer of rigid polyurethane foam covered with two coats of protective silicone coating with granules. The completed roof system provides durable and effective insulation with superior protection against all weather conditions. The replacement roof will include a 10 -year warranty and should protect the Corbin Center facility for 25 years. On January 17, 2012, the City Council awarded a contract to Cook Coatings, Inc for the Corbin Center re- roofing job. However, it was determined that the warranty offered only covered materials and not labor. The Facilities Maintenance Superintendent and Parks, Recreation and Community Services staff concluded it was in the City's best interest to reject all bids, clarify the warranty provision, and re -bid the project. The Corbin Center facility houses a pre - school program classroom and office space for non - profit organizations who service the surrounding community. Re- roofing the facility will reduce maintenance costs, eliminate future program interruptions related to the repair of the roof and address the needs of the community. 22C -1 Contract Award for Corbin Center Re- roofing Project February 21, 2012 Page 2 The notice inviting bids was advertised on January 24, 2012, and bids were solicited. A summary of the bid invitations and bids received is as follows: 15 Invitations For Bid mailed 5 Bids received Bids were solicited, opened on February 6, 2012, and evaluated (Exhibit 1). The bid received from Foam Experts Roofing, Inc. is responsive to the specifications, including the required full system warranty which covers material and labor, and meets the City's requirements. A five percent contingency has been included in the award amount. FISCAL IMPACT Funds are available in the Maintenance & Repair Buildings & Ground account (no. 01113260- 62320). APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo Mouet Francisco Gutierrez Executive Director ' Executive Director Parks, Rec. & Comm. Svcs Agency Finance & Management Services Agency�_ KM 22C -2 ABSTRACT ON BID 12 -013 2/6/2012 VENDOR LOCATION SUPPLIES & MAT'L SALES TAX 7.75% LABOR WARRANTY EXPENSE MAT'L HNDLG + DEL OFFER WALK PAD TOTAL OFFER 5% CONTINGENCY BID AWARD ROUNDED OFF MATERIAL TO SPEC ALTERNATIVE TERMS START DATE QTE CORBIN CENTER RE- ROOFING PROJECT FOAM COOK CABRAL BEST UNIVERSAL EXPERTS COATINGS ROOFING CONTRACTING COATINGS MESA MENIFEE MONTEBELLO GARDENA FRESNO AZ CA CA CA CA $ 23,100 $ 15,900 $ 33,774 $ 27,000 $ 34,480 $ 1,200 $ 1,400 $ 1,748 $ 1,600 $ 2,600 $ 9,200 $ 21,440 $ 16,171 $ 25,125 $ 26,920 $ 2,000 $ 860 $ 400 $ 1,500 $ -0- $ 3,000 $ 4,400 $ 44,000 $ 1,450 $ 53,543 $ 2,000 $ 57,225 INCL $ 64,000 $ 38,500 $ 500 $ 1,240 $ 39,000 $ 54,783 $ 1,950 YES NO YES NO $ 41,000 YES NET 30 1 NET 30 3/l/2012 3/11/2012 Contract award to Contract : Exhibit 1. SAKA SAFNAF NET 30 NET 30 3/1/2012 2/27/2012 Foam Experts Roofing, Inc. $41,000 22C -3 RIGID POLY FOAM NET 30 2/27/2012 22C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: CONTINGENCY INCREASE FOR BRISTOL - WARNER INTERSECTION (PROJECT NO. 091752) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY MA AGER RECOMMENDED ACTION Increase the contingency for the contract with Hillcrest Contracting Inc. for the construction of the Bristol- Warner Intersection Widening Project by $250,000 to a total estimated contract amount of $1,587,091 and authorize the City Manager to execute change orders in an amount not to exceed the authorized contingency. DISCUSSION On March 21, 2011, the City Council awarded a contract for the Bristol- Warner Intersection Widening Project to Hillcrest Contracting Inc. in the estimated amount of $1,215,538 plus a 10 percent contingency of $121,553 totaling $1,337,091. The project is 40 percent complete with 79 percent of the contingency exhausted. The major changes that expended the contingency are: the replacement of a 24 -inch corroded storm drain pipe at a cost of $68,000, the relocation and resizing of a precast concrete vault at a cost of $24,231, and the relocation of two backflow devices at a cost of $3,680. Additionally, there are several major changes outstanding such as a bypass for a broken 16 -inch water valve and the relocation of an existing Metropolitan Water District metering station at an estimated combined cost of $101,500. With the outstanding changes and the unforeseen conditions that are associated with construction of a street widening project and underground utility work, staff recommends increasing the contingency by $250,000. ENVIRONMENTAL IMPACT This is no environmental impact associated with this action. 23A -1 Contingency Increase for Bristol - Warner Intersection February 21, 2012 Page 2 FISCAL IMPACT The contingency increase is $250,000. Funds are available in the Measure M Street Construction Fund (accounting unit 03217660- 66220), the OCTA Bristol Street Corridor Improvements Fund (accounting unit 05917661- 66220), and the Water Utility Capital Projects Fund (accounting unit 06617647- 66301). Raul Godinez II Executive Director Public Works Agency RG:SA APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: AMENDMENT TO AN AGREEMENT WITH WESTERN MEDICAL CENTER FOR MEDICAL SUPPLIES AND PHARMACEUTICALS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 02909714-97E ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Santa Ana Western Medical Center for medical supplies and pharmaceuticals, in an amount not to exceed $40,000 annually. Subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Santa Ana Western Medical Center is the Santa Ana Fire Department's paramedic units "base hospital" and as such, they carry the exact items required by Orange County Emergency Medical Services for paramedic units. This allows for the immediate restocking of pharmaceuticals and medical supplies used when responding to medical emergencies. Santa Ana Medical center operates 24 hours per day, seven days a week, and has provided excellent service to the Santa Ana Fire Department for over 20 years. FISCAL IMPACT Funds are available in the Fire Department's Fire Suppression, Misc. Office Expenses account (account no. 01115330- 63001), in the amount of $40,000. David Thomas Fire Chief Fire Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency/r- 25A -1 25A -2 THIS first amendment is entered into this 1st day of March, 2012 by and between WMC -SA, Inc., a California corporation DBA Western Medical Center Santa Ana (hereinafter "Provider "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Provider having special skill and knowledge in providing medical pharmaceuticals to paramedic vans in need of restocking. B. Provider represents that Provider is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 Provider shall keep each paramedic unit in full supply of medical pharmaceuticals. 2. COMPENSATION a. City agrees to pay, and Provider agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $40,000.00, 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 be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 011"WIT311 This Agreement shall authorize and cover activities undertaken starting March 1, 2012 and shall terminate on March 1, 2013, unless terminated earlier in accordance with Section 12, below. The parties agree that the term of this Agreement may be renewed for two successive one -year periods upon a writing executed by the Fire Chief and City Attorney, for City, and the CEO for Provider. 25A -3 4. INDEPENDENT CONTRACTOR Provider shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Provider'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. Provider shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Reserved. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Provider, if Provider 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, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. -2- 2 5A -4 e. The following requirements apply to the insurance to be provided by Provider pursuant to this section: (i) Provider 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 (3 0) days prior written notice to the City. f. If Provider 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 Provider's right to be paid for its time and materials expended prior to notification of termination. Provider 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 Provider agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability 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 Provider 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. The Provider further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party 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. 7. CONFIDENTIALITY If Provider receives from the City information which due to the nature of such Information is reasonably understood to be confidential and /or proprietary, Provider agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault -3- 25A-5 of the Provider disclosed in a publicly available source; (c) is in rightful possession of the Provider without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Provider without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Provider 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: Fire Chief City of Santa Ana 1439 S. Broadway (M -80) Santa Ana, California 92702 telefacsimile (714) 647 -5779 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 Provider: Western Medical Center 1001 North Tustin Santa Ana, California 92705 telefacsimile (714) 953 -3613 Attn: Dan Brothman -4- 25A-6 A party may change its address by giving notice in writing to the other party. Thereafter, any 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider, 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 Provider. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Provider 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 Provider, Provider may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (3 0) days written notice of termination. In such event, Provider shall be entitled to receive and the City shall pay Provider compensation for all services performed by Provider prior to receipt of such notice of termination. However, payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Provider 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 -5- 25A-7 employment related activities. Provider 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 Provider shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Provider shall notify the City immediately and in writing of 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 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. // // // // // // -6- 25A-8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Acting City Attorney By: Melissa M. Crosthwaite Deputy City Attorney RECOMMENDED FOR APPROVAL: DAVID THOMAS Fire Chief CITY OF SANTA ANA: DAVID N. REAM City Manager PROVIDER WESTERN MEDICAL CENTER DAN BROTHMAN CEO Tax ID# 55- 0883862 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insured ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insured. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insured, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective, Policy # Issued to Name Insured , this endorsement form as a part of Countersigned by Authorized Representative 25A -10 -8- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: AGREEMENT WITH ADVANCED TECHNOLOGY INFORMATION MANAGEMENT SYSTEMS FOR JAIL MANAGEMENT SYSTEM MAINTENAN CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 15-AW"0060WE ❑ As Recommended ❑ As Amended ❑ Ordinance on 152 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Advanced Technology Information Management Systems ( ATIMS) to provide Jail Management system maintenance and professional services in an amount not to exceed $105,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Jail utilizes computer software to manage jail operations. The City has been selected by ATIMS as a beta site for a new and innovative Jail Management system that will not only meet current jail needs but will expand the Jail's ability to better control operations. Pursuant to the beta site agreement the City of Santa Ana will receive free software and user licenses in return for deployment of the vendors' system into a real world environment and augmented testing. This agreement covers one year of software maintenance on the ATIMS system and also allows by way of professional services to fully integrate this system into the Jails current environment. Staff recommends ATIMS to maintain the Jail Management System. ATIMS has successfully maintained this type of software in the past throughout the Country. FISCAL IMPACT Funds for Jail Management System maintenance in the amount of $63,000 are available in the Police Department, Information Services fund (account no. 01114425 62300) while the remaining $42,000 are available in the Jail, Inmate Welfare Fund (account no. 02314475 62300). (��T - Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25B -1 G I Advanced Technology information Management Systems AGREEMENT FOR SUPPORT AND MAINTENANCE OF THE JAIL MANAGEMENT SYSTEM FOR SANTA ANA POLICE DEPARTMENT w -:S] AGREEMENT FOR SUPPORT AND MAINTENANCE OF THE JAIL MANAGEMENT SYSTEM This Support and Maintenance Agreement is made and entered into as of the ( "Effective Date "), between the City of Santa Ana, hereinafter referred to as "CITY ", having its principal office at 62 Civic Center Plaza, Santa Ana, CA 92702, and Act 1 Group, Inc., a California corporation, doing business as ATIMS and, hereinafter referred to as "ATIMS ", having its principal place of business at 9638 Topanga Canyon Place, Suite B, Chatsworth, CA 91311. WITNESSETH WHEREAS, the City desires to contract with ATIMS to obtain Jail Management System software called Advanced Technology Information Management System (ATIMS) hereinafter referred to as "Software ", Licenses, and Services described herein to install a jail management system, and ATIMS desires to contract with the City to provide said Software, Licenses, and the Services described herein; THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements contained herein, and other good and valuable consideration, receipt of which is acknowledged, the parties hereto agree as follows: 1. GRANT OF LICENSE ATIMS hereby grants to City a perpetual, non - exclusive, non - transferable 200 named user grant license to use the Advanced Technology Information Management System software and with unlimited named users for the Prebook/Probable Cause Module for its use in relation to the Jail Management System, and maintenance and support services during the term of this Agreement. ATIMS and the City of Santa Ana enter into this agreement with the understanding that ATIMS is giving the City of Santa Ana a web -based Jail Management Software system at a deeply discounted price for agreeing to be a Beta Test Site. 2. INSTALLATION ATIMS will install the ATIMS system in the City's facilities as set forth in Addendum A, attached hereto and incorporated by this reference. 3. SUPPORT SERVICES 3.1. Terms of Agreement. The Annual Support and Maintenance Agreement entitles the CITY to the following: 25B -4 • Free product upgrades of both minor and major releases of ATIMS (subject to the cost of installation, customization, and training) 1 -hour response time during normal business hours. Detailed information regarding support hours is enclosed in Section 3.2 below • Our emergency number for service after normal business hours is 818 - 254 -0851 3.2. Support Hours. ATIMS offers normal support during its regular business hours Monday through Friday between 8 AM — 5 PM PST excluding holidays. ATIMS additionally provides critical support twenty four (24) hours a day / 7 days a week. Critical support is defined as any issue that • Causes the ATIMS system to stop running agency wide • Prevents any essential or required data elements from entry 3.3. Support Requests. CITY agrees to submit all requests for support via telephone, or online through e-mail or a special section of the ATIMS web site. CITY will provide to ATIMS all information reasonably requested by ATIMS, which will enable ATIMS to provide Support. Such information may include, but not be limited to, the type of hardware being used, a description of the problem, and any additional software being used that falls outside the Scope of coverage. CITY understands and agrees that the completeness and accuracy of the information provided pursuant to this Section may affect ATIMS ability to provide Support. 3.4. Response Times. ATIMS support staff will make a determination during the initial call on the severity of the issue. Based on our assessment, response time will be determined. Any critical issue or any issue preventing logic flow of the software will receive immediate attention. The below table provides details on severity levels. Severity Level Description Level One An incident is classified as Severity 1 if the problem affects production and demands immediate attention. Normal service has been disrupted. Business risk is high. Customer receives a status report within the first hour. Problem should be resolved within four hours. Customer receives a status report every four business hours. Level Two An incident is classified as Severity 2 Incident where the Incident affects production systems and demands immediate attention. Customer or IT service has been affected. Business risk is moderate to low. Customer receives a status report within four hours. Incident should be resolved within two days. Customer receives a status report every four business hours. Level Three A Severity 3 Incident is defined as an Incident that has low impact. Customer or IT service has not been affected. Business risk is low. Customer receives a status report within 24 hours. Problem should be resolved within five working days. 25B -5 Level Four A Severity 4 Incident is one that has low to minimal impact. This involves system enhancements, upgrades and minor problems not impacting production. Resolution is deferred and is to be addressed when time allows. 3.5. Basic Maintenance Obligations. ATIMS shall diligently strive to both eliminate any deficiencies in the Software and also to continually improve the functionality and utility of the Software. A deficiency is defined as an error in program logic, calculation or processing, difficulties in error handling, user interface errors and hardware interface errors that prohibit the software from functioning as needed. ATIMS shall provide the Support Services described above. 3.6. Technical Support. ATIMS shall furnish the CITY with a Technical Support Report upon completion of each response by such support staff as described in Section 3.5 and upon resolution of each inquiry under Section 3.4. ATIMS shall maintain a log for these Reports to reside. The Report shall include, as a minimum, the following: a. Date and time notified. b. Date and time of arrival or inquiry response; c. Time spent for resolution of Deficiencies. d. Description of Deficiency; and e. Description of Deficiency resolution. 3.7. Updates and Enhancements. ATIMS shall provide the CITY with all Updates, Enhancements and associated Documentation that are provided as general releases or new releases to the Software regardless of any operating system or hardware platform support changes, including changes to minimum systems requirements of the server or CITY environments. Such Documentation shall be adequate to inform CITY of the pre- existing problems resolved by the new release and any significant new features included in the release that are known by ATIMS. In addition, ATIMS shall produce such Software Enhancements as the CITY requests in a commercially reasonable time and form at an additional charge in accordance with the Maintenance Fee description in Section 5, Fees and Invoices. Enhancements to correct any Deficiency shall be provided to the CITY at no additional cost, provided a support agreement is in force. 3.8. Personnel and Services. ATIMS shall maintain adequate personnel to provide the Support Services. ATIMS personnel shall be qualified to render the Support Services. ATIMS shall perform all Services required pursuant to this Agreement in a professional manner, with high quality, and ATIMS shall give highest priority to the performance of the Services. I 4. TERM AND TERMINATION The term of this Agreement shall commence on the Effective Date, and continue for a period of five (5) one -year periods based on system cutover date. The Agreement will be renewed upon the City's annual payment of Support and Maintenance Fees as set forth in Section 5, below. After the initial contract period either party may terminate this Agreement providing sixty (60) day written notice to the other party. In the event the other party fails to perform its obligations under this Agreement, and such default is not cured within thirty (30) days after receipt of such written notice, the non - defaulting party may terminate by sending ten (10) day written notice to the defaulting party. 5. FEES AND INVOICES. The License provided pursuant to Section 1, above, and Installation services shall be included in the Year 1 ATIMS Maintenance, Integration and Interface services fee, as set forth in Section 5. 1, below. 5.1. Annual Support and Maintenance Fees: The Annual Support and Maintenance fees are described in the table below. The first year payment includes the License fee for the license described in Section 1, above, and installation services as set forth in Section 2, above. The Year 1 fee shall be due on the following schedule: • 40% due on the signing of this contract; • 15% is due on installation of the test database (Addendum A, Task 3.1 a); • 15% due on installation of production database (Addendum A, Task 3.1b); • 10% on delivery of Training (Addendum A, Task 3.3) • 15% on System Cutover (Addendum A, Task 3.4). This date becomes the anniversary date for payments due thereafter. • 5% on System Documentation (Addendum A, Task 3.5). 1 ATIMS Maintenance, Integration, and Interface services. $ 105,000 2 ATIMS Maintenance and Integrations services. $ 87,000 3 ATIMS Maintenance Fee $ 57,000 4 ATIMS Maintenance Fee $ 66,780 5 ATIMS Maintenance Fee $ 66,780 25B -7 The cost for maintenance and support after the initial 5 -year contract period shall be calculated at ATIMS's then customary rate not to exceed 4% of the prior year's maintenance fees. Any and all payments made by CITY pursuant to this Agreement shall be non - refundable and shall be paid in advance. There shall be no refunds or credits for any unused services upon the termination of this Agreement. However, in the event ATIMS fails to provide reasonably satisfactory service, per the Support and Response Time Agreement in this contract, ATIMS agrees to refund the amount commensurate to the number of months remaining in the term of the agreement. In the event that CITY fails to make payments to ATIMS pursuant to this Agreement, ATIMS obligations to provide Support shall be suspended until ATIMS receives full payment for all fees due to ATIMS. Custom programming and program changes requested by the CITY shall be performed by ATIMS at a mutually agreed upon rate for a mutually agreed upon number of hours outlined in a Scope of Work (SOW) contract signed and agreed upon by both parties prior to commencement of the work. The additional Professional Services will be billed by invoice according to Section 5.2. 5.2. Invoices. The CITY shall pay all Maintenance fees, authorized expenses, and other costs pursuant to this Agreement within 30 days of receipt by the CITY of any correct and undisputed invoice from ATIMS. Invoices shall be mailed or provided to the CITY at its notice address. 6. TEST SYSTEM Any and all upgrades, enhancements, fixes, etc. shall first be done on the test database. They shall then be tested by City Personnel and only after City authorization given, shall said changes be applied to the Production Database. The test database will be created by ATIMS on the CITY's server without the requirement for additional hardware or software. As this is a web - based system, CITY users will be able to access the live and test databases from any machine on the Police Department's network. Apart from the CITY having access to the test database, ATIMS can also be assigned access to the same by the CITY. 7. ASSIGNMENT This Agreement and the rights and obligations hereunder are not assignable or delegable by either party without prior written consent of the other party. Any such assignment or delegation is VOID. This Agreement shall inure to the benefit of and be binding on the parties hereto and their permitted successors and assigns. 96� B. ENTIRE AGREEMENT This Agreement, along with the Scope of Work outlined in Addendum A, constitutes the entire Agreement and understanding between CITY and ATIMS, and there are no other agreements, representations, warranties or understandings between CITY and ATIMS with respect to the work hereunder. 9. INDEPENDENT CONTRACTOR For all times under this Agreement, ATIMS's relationship to CITY is that of an independent contractor. For purposes of this Agreement, personnel retained by ATIMS shall, at all times and under all circumstances, be considered either an employee or an agent of ATIMS. Under no circumstances shall ATIMS personnel be considered borrowed employees without prior written authorization of CITY. 10. FORCE MAJEURE ATIMS shall not be held responsible for delays in performing services as a result of acts beyond its control and without its fault or negligence, including, but not limited to acts of God or public enemies, acts of state or local governments or public agencies, utility or telecommunication delays or failures, accidents not resulting from ATIMS's negligence, fire, flood, storms, epidemics, strikes, lockouts, industrial disturbances, war, rebellion or civil strife, or failure of CITY to provide requested data reasonably required to perform ATIMS's assigned task(s) where such failure was not caused in whole or in part by ATIMS. In the event of a delay attributable to the foregoing, the time for performance of work hereunder shall be extended for a period of time equal to the delay. 11. CONTROLLING LAW 6.1. Laws of California Control. The terms and conditions of this Agreement and all its Exhibits and rights and duties hereunder shall be governed by and construed in accordance with the laws of the State of California. 6.2. Rules of Interpretation. No provision of this Agreement shall be interpreted for or against a party because that party or its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the parties. W. .-1 12. CAPTIONS AND PARAGRAPH HEADINGS Captions and paragraph headings used herein are for convenience only and are not a part of the Agreement and shall not be used in construing same. 13. MODIFICATIONS AND WAIVERS This Agreement may not be modified except in writing and signed by authorized representatives of both parties. A waiver by either party of its rights hereunder shall not be binding unless contained in writing and signed by an authorized representative of the party waiving its rights. The non - enforcement or waiver of any provision on one (1) occasion shall not constitute a waiver of such provision on any other occasion unless expressly so agreed in writing. It is agreed that no use of trade or other regular practice or method of dealing between the parties hereto shall be used to modify, interpret, supplement, or alter in any manner the terms of this Agreement. No waiver of a breach of any provision of this Agreement shall constitute a waiver of any other breach of such provision. Failure of CITY to enforce at any time, or from time -to -time, any provision of this Agreement shall not be construed as a waiver thereof. The remedies herein reserved shall be cumulative and additional to any other remedies in law or equity. 14. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision. 15. GENERAL INDEMNIFICATION ATIMS shall hold CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify the same against all claims, losses, liability and damages from every cause, including but not limited to injury to person or property, and related costs and expenses, including reasonable attorneys fees, arising directly or indirectly out of any act or omission of contract performance by ATIMS, its agents, officers, employees, or volunteers. If such defense becomes necessary, the City Counsel for the CITY shall have the absolute right to approve any and all counsel employed to defend the CITY. This paragraph shall survive any expiration or termination of this Agreement. 16. INDEMNIFICATION OF INTELLECTUAL PROPERTY ATIMS shall indemnify and hold CITY, its agents and employees harmless from any loss, damage or liability for infringement of any United States patent right, copyright, trade secret or any other proprietary right with respect to the use of the items delivered hereunder, provided ATIMS is promptly notified in writing of any suit or claim against CITY and provided further that CITY permits ATIMS to defend, compromise or settle the same and gives ATIMS all available information, assistance and authority to enable ATIMS to do so. ATIMS indemnity as to use shall not apply to any infringement arising out of use in combination with other items where such infringement would not have occurred in normal use. This paragraph shall survive any expiration or termination of this Agreement. A. If such materials are found to infringe, or in the reasonable opinion of ATIMS are likely to be the subject of a claim, ATIMS will, at its option: • obtain for the CITY the right to use such materials; • replace or modify the materials so they become non - infringing; or • if neither (1) or (2) is reasonably achievable, remove such materials and refund their net book value based on a straight -line basis over a five (5) year period commencing on the date the allegedly infringing item(s) were first delivered to the CITY. B. ATIMS has no obligation to the extent any claim results from: • modification of the materials other than at the direction of ATIMS, or • use of an allegedly infringing version of the materials, if the infringement could have been avoided by the use of a different version made available to the CITY. C. This section states ATIMS's entire obligation to the CITY and the CITY'S sole remedy for any claim of infringement. 17. INSURANCE ATIMS shall provide at its own expense and maintain at all times while an annual support agreement is in effect the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the Risk Manager of the CITY. The Policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all the following state insurance policies. 25B -11 Worker's Compensation -In compliance with the statutes of the State of California. General Liability insurance - with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. The certificate of insurance shall indicate the aforementioned. Automobile Liability insurance -With a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 for property damage. This insurance shall cover for bodily injury and property damage, owned automobiles, and non -owned automobiles. ATIMS shall maintain insurance for as long as an annual support agreement is in effect. In the event ATIMS fails to provide such insurance or to pay premiums thereon for the period required following completion of this Agreement, CITY shall have the right to pay such premiums as are reasonable and commercially available, on behalf of ATIMS and deduct the costs thereof from any sums then owing to ATIMS. If at any time any of said policies are reasonably unsatisfactory to the CITY, as to form or substance or if a company issuing such policy is reasonably unsatisfactory to the CITY, ATIMS shall promptly obtain a new policy submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of ATIMS to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY may be forthwith declared suspended, or terminated. Failure of ATIMS to obtain and /or maintain any required insurance shall not relieve ATIMS from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of ATIMS concerning indemnification. The CITY, its officials, agents and employees shall be named as an additional insured on automobile and general liability insurance policies required herein. ATIMS'S insurance policy(ies) shall include a provision that the coverage is primary and not - contributory as respects the CITY (to the extent of ATIMS's negligence in the performance of its services under this agreement); shall include no special limitations to coverage provided to additional insured under the automobile and general liability policies; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager. 25B -12 13. SIGNATURES IN WITNESS WHEREOF, CITY and ATIMS have executed this Agreement on the day and year set forth above. CITY OF SANTA ANA By Paul Walters / City Manager ATIMS Date: By Date: Nancy Lazenby / Executive Vice President 25B -13 Addendum A SCOPE OF WORK 1. Overview The following is a description of the work ATIMS is to perform, with the CITY's responsibilities defined where applicable, and the deliverables to be provided. It defines the principal activities and responsibilities of ATIMS and the CITY to install ATIMS's system in the City's facilities. The Scope of Services may be updated as required throughout the life of the implementation with mutually agreed upon dates by both the CITY and ATIMS. All updates will be performed by ATIMS and submitted to the CITY for approval. 2. Specifications Implement ATIMS's web -based Jail Management System (JMS) for the CITY. The software shall be installed on a Windows 2003/2008 Server with client workstations accessing it with a compatible web browser through a TCP /IP network connection. The CITY will be responsible for ensuring the connection between the server and client workstations are stable and secure. 3. Installation of ATIMS's JMS The following steps outline the installation process for ATIMS's Software. ATIMS agrees that the installed ATIMS JMS system will be the most current version available at the time of the signing of this agreement. Once the CITY has configured the Microsoft SQL Server 2008 R2 server with the operating system, ATIMS will install the web -based software and create a test database. ATIMS's engineers will perform this process. The software will be loaded with minimal table values and a System Administrator account. The CITY's system administrator will then use the administrator account to create all necessary user accounts and user groups. In conjunction with the CITY's System Administrator, the ATIMS engineer will load client- specific codes and values into the system's maintenance tables and will provide a soft copy of the contents of all lookup tables. 3.1 Databases. ATIMS and the CITY will configure at least two identical databases with one being used for testing and training and the second being used for production. The 2 databases, residing on the same database server, will contain the following: 25B -14 3.1 a.Test Database 1. ATIMS's web -based JMS in its entirety 2. A sample training database containing person and data records 3. State of California Charge Codes and Descriptions 4. At least 500 records of sample inmate records 5. Samples of ad hoc reports. 3.1b. Production Database 1 ATIMS's web -based JMS in its entirety (if different from the test database) 2 Creation of a default live database The complete, tested, and certified code tables localized to the CITY as per the information provided by the CITY 4 Ad Hoc reports available within the system 5 ATIMS's training reference materials As ATIMS's application is a web -based system, no client install is required and client workstations only require a compatible web browser (including in the requirement section below) to operate the JMS. ATIMS will provide training to the CITY on how to create users and security roles within the JMS. During the training, ATIMS's trainer will assist the CITY in creating sample user accounts with the relevant security roles. The CITY will be responsible for creating the remainder of the user accounts and assigning security privileges to all jail staff users. Minimum Requirements Hardware Database & Web Server: Processor: Intel Xeon, E5450 @ 3 GHz or higher Memory: 4 GB RAM Hard Disk: 500 GB HDD Video: Video Card that Supports resolution of at least 1024 X 768 Network: Network card, Internet access for remote ATIMS support staff access. 25B -15 Workstation: Pentium IV (or compatible) 1.8 GHz or higher processor Processor: Pentium IV (or compatible) 1.8 GHz or higher processor Memory: 1 GB RAM Hard Disk: Not applicable Video: Video Card that Supports resolution of at least 1024 X 768 Network: Network card Note: The above workstation requirements are only a recommendation as ATIMS can be run on any PC with an Internet Explorer 8.0 or higher web browser. Software Database Server: Operating System: Microsoft Windows 2003 Server or higher Database: Microsoft SQL Server 2008 R2 Remote Access: Microsoft Windows Terminal Services or compatible solution for support Web Server: Operating System: Microsoft Windows 2003 Server or higher with Windows IIS 6.0 Remote Access: Microsoft Windows Terminal Services or any compatible solution for support Workstation: Operating System: Microsoft Windows XP or higher. Browser: Internet Explorer 8.0 or higher, Chrome 10 or higher, Safari 4 or higher, Firefox 3.6 or higher Dependencies: NET framework 4, java script, acrobat viewer, flash Recommended Requirements Hardware Database & Web Server: Processor: Quad Core E7310 Xeon, 1.6GHz or higher Memory: 8 GB RAM Hard Disk: 1 TB 10K RPM Video: Video Card that Supports resolution of at least 1024 X 768 Network: Network card, Internet access for remote ATIMS support staff access. Note: ATIMS recommends that additional RAM and hard drive space be added to handle the additional services or software to be installed on the Server. Workstation: Processor: Pentium IV (or compatible) 1.8 GHz or higher processor Memory: 2 GB RAM Hard Disk: Not applicable Video: Video Card that Supports resolution of at least 1024 X 768 Network: Network card I Software Database Server: Operating System: Microsoft Windows 2008 Server or higher Database: Microsoft SQL Server 2008 R2 Remote Access: Microsoft Windows Terminal Services or any compatible solution for support Web Server: Operating System: Microsoft Windows 2008 Server or higher with Windows IIS 6.0 Remote Access: Microsoft Windows Terminal Services or any compatible solution for support Workstation: Operating System: Microsoft Windows XP or higher. Browser: Internet Explorer 8.0 or higher, Chrome 10 or higher, Safari 4 or higher, Firefox 3.6 or higher. 3.2 Interfaces The City understands and ATIMS agrees that the following interfaces currently can reside in the ATIMS JMS system. ATIMS agrees that the programming work must be done be completed to make these interfaces functional are included in this maintenance agreement. The below interfaces are understood to currently exist in ATIMS JMS solution: i) Mobile booking — The Prebook system will be used for this and is already available as part of the ATIMS solution and included as part of this agreement. ii) Commissary — ATIMS will work with the CITY's current vendor to establish an import and export interface engine. The interface work by ATIMS will be included as part of this agreement. The CITY will pay any cost incurred by the CITY's commissary vendor for this interface. iii) AFIS — Cal ID Interface — ATIMS will work with the CITY's AFIS vendor to establish an export interface engine to prevent dual entry. The interface work by ATIMS will be included as part of this agreement. iv) Inmate Phone System — ATIMS will work with the CITY's Inmate Phone vendor to establish an export interface engine to provide an active roster with pin assignment. The interface will be included as part of this agreement. The CITY will pay their phone vendor for any costs required by that vendor for interface. v) Vine ( Appriss) — Interface by VINE is handled directly by Appriss. ATIMS will provide all necessary instructions to Appriss as part of this agreement. Santa Ana will be responsible for contracting Appriss for the solution and access to the live ATIMS database for Appriss must be provided by The CITY's IT department. Any cost incurred by Appriss for this interface will by paid by the CITY. 25B -17 3.3. Tables and Codes Development As part of the system installation, maintenance tables will need to be populated to reflect the exact requirements of the CITY. ATIMS will supply a list of all maintenance tables along with a sample set of standard values that agencies within California utilize to facilitate review by the CITY. The CITY will edit the lookup document per its preferences and provide the same to ATIMS to be implemented. Once all codes are properly entered into a test database and verified by the CITY, ATIMS will copy the training database values to the production database. 3.4. Training Tasks ATIMS will perform training in consultation with the CITY, based on its needs and specifications. ATIMS and the CITY will agree upon the training curriculum, which will include the following: a. Booking Process b. Property Management c. Classification d. Housing Assignments e. Records management f. Releases g. Maintaining inmate Scheduling and Tracking h. Managing Inmate Movement i. Managing Visitations j. Inmate Accounting Management k. Creating Inmate Listings 1. Merging, Sealing, and Purging of Inmate Records m. Management and Statistical Reports ATIMS will create a custom training plan in consultation with the CITY to ensure that users receive appropriate training keeping in mind the CITY's processes and workflow. This plan will describe and identify the quantity of each type of training class that will be provided, any required prerequisites, and the maximum number of users recommended in each class. ATIMS recommends a train - the - trainer approach and will work with CITY in developing an effective training plan. ee� 3.5. Cutover to ATIMS ATIMS and the CITY will achieve the cutover to the new system in the following manner. Pre - production Activities. ATIMS will be performing the data conversion of legacy CITY data and will perform a "practice" cutover exercise utilizing the legacy CITY data used for testing and training. A core team of the CITY's staff will intake new cases, create documents, and generate reports within the system. They will log any major problems as they utilize the practice production system. ATIMS, with reasonable assistance from the CITY, will address and solve the problems on the practice system. ATIMS and the CITY will then agree on a date /time for system cutover. Acceptance Phase. After ATIMS has installed the Licensed Software and both the CITY and ATIMS have mutually agreed that the system is functional, the CITY shall have a period of thirty (30) days ( "Acceptance Period ") from the date of installation to verify that the licensed software performs to the specifications. In the event that the CITY determines that the Licensed Software does not meet such specifications, the CITY shall notify ATIMS in writing, and ATIMS shall modify or correct the Licensed Software as required. The date of Acceptance will be that date upon which the CITY provides ATIMS with written notice of the satisfactory completion of the Acceptance testing. Acceptance testing will be performed by the CITY prior to production cutover. ATIMS will devise, and the CITY will approve a formal test plan and form. The CITY will monitor and approve results of tests conducted prior to system acceptance. The CITY and ATIMS will sign and date all testing results and will agree on whether or not the system passes or needs more modification and testing. If the functioning requirements of the system fail at testing, ATIMS will correct the problems at no additional cost to the CITY. This is only applicable for functions already within the system. In that event the acceptance testing process will be repeated after the changes are made as many times as needed, until the application passes. Acceptance testing will be completed when ATIMS and the CITY agree that the system is ready for production, and when both parties sign, date and check the final acceptance on the testing forms. Production Cutover. On a date agreed to by both parties, the CITY will begin production use of the ATIMS software. There will be a freeze on any further data entry into the existing Jail Management System so that the production data will be current when the actual cutover takes place. ATIMS will provide priority processing for all calls during the first month of cutover to troubleshoot any problems that may arise and to assist users in their use of the system as needed. If it is determined that a higher level of support is required, the CITY and ATIMS shall agree on the specifics of additional support required. ATIMS will shift to maintenance mode from this point forward. .� U 3.6. System Documentation ATIMS will document the installed system and will provide up -to -date user manuals and technical documentation, including a complete data dictionary. The data dictionary will assist jail staff in creating their own ad hoc queries and reports as well as developing custom reports with third party reporting software as desired by the CITY. 4. ATIMS Responsibilities Following is a description of ATIMS's responsibilities during the implementation process: Pre - installation 1 Review the CITY's proposed hardware configuration to determine that it is compatible with ATIMS. 2 Calculate preliminary total database size based on the CITY - provided transaction volumes 3 Install ATIMS a. Provide the City with installation instructions and hardware connection diagrams 4 Create training database 5 Create ATIMS objects and system setup code tables 6 Configure the CITY's system tables and enroll users in test database 7 Provide general and system administrator training 8 Assist the CITY in configuring the production security tables and user privileges 9 Confirm network connectivity for interfaces Data Conversion I Map fields from current system to ATIMS as per the data conversion requirements, using the CITY - provided documentation, and data. ATIMS will work in conjunction with the CITY in completing this requirement. 2 Create and run data exception reports a. Review these reports with applicable City Staff 3 Perform test conversion. a. In coordination with City IT, Jail It and Police Department Staff W_ , 4 Perform all subsequent loading of legacy data as needed through cutover a. Confirm with Jail staff the acceptance of the loaded legacy data Training 1 Train users to utilize the system 2 Provide context -based training to groups of managers, clerical staff, officers, super users, and system administrators 3 ATIMS will allocate a total of 40 hours of onsite training and an additional 20 hours remote training. The CITY can decide when and how the hours will be divided based on an agreed upon training plan. 5. CITY Responsibilities Following is a description of CITY's responsibilities during the implementation process: Pre - installation Install adequate server and client hardware 2 Provide ATIMS with transaction volumes of legacy systems Define user access and security privilege classes and provide a complete list of users, titles, and relevant user information. 4 Provide ATIMS with basic network configuration details including hosts and TCP /IP addresses Provide ATIMS with Internet/VPN access for remote support and maintenance Data Conversion 1 Extract data from Legacy Jail System and provide the extracted data in a SQL database or delimited /flat ASCII file format Review legacy system to identify fields that are an anomaly and used for other than the field's initial purpose (if any), to assist ATIMS to map fields to the appropriate field in ATIMS's System. 3 3. Review data exception reports and correct the data in the current system 25B -21 Training I Provide training environment with adequate hardware and software 2 Provide lists of trainees by role in the department and training to be received 3 Manage training schedule to ensure that all trainees appear as scheduled 4 Provide evaluative feedback to the trainers 25B -22 BETA SITE UNDERSTANDING This document defines the understanding between Advanced Technology Information Management Systems (ATIMS) and the City of Santa Ana , in which the City agrees to test a software program known as Jail Management Software (JMS) and keep ATIMS aware of the test results. 1. Background ATIMS has chosen the Santa Ana Police Department to be a Beta Site for its Jail Management Software. In the computer industry a Beta Site agreement generally refers to an understanding between a vendor and their selected partner to deploy unfinished software in a real -world environment, subsequently working in cooperation to reach a finished product. This is the specific case with the agreement between ATIMS and the City of Santa Ana. BETA testing means the software is deployed within a real -world environment while still in its final stages of development, with the specific intent of working out bugs (computer code /program defects) and /or identifying needed modifications or changes. The City of Santa Ana will work cooperatively with ATIMS to send back information on bugs that are experienced while field testing the program and offering suggestions for enhancement. This relationship allows the vendors' programmers to correct bugs. As part of the BETA site agreement, ATIMS will be providing the City of Santa Ana software and users licenses free of charge. This arrangement is beneficial to both parties as the City receives costly software at no charge and ATIMS gains the opportunity to deploy their software in a real - world environment, exposing it to a variety of users utilizing the system throughout their job functions to identify issues that normal internal quality control would not catch and identify. 2. ATIMS's Obligations ATIMS shall provide the City with software, licenses and any necessary documentation and instruction needed to use JMS. ATIMS will work cooperatively with the City of Santa Ana to address reported bugs and enhancement requests. Upon satisfactory completion of the testing, ATIMS shall furnish the City with the production release of the JMS. 3. The City of Santa Ana's Obligations The City shall test the JMS under normally expected operating conditions in the City's environment during the test period. The City will gather and report test data as agreed upon with ATIMS. The City will allow ATIMS access to JMS at all times for inspection, modifications and maintenance. 25B -23 4. Software a Trade Secret JMS is proprietary to, and a valuable trade secret of, ATIMS. The City shall maintain JMS in the strictest confidence. The City will not, without ATIMS's prior written consent: (a) disclose any information about the JMS, its design and performance specifications, its code, and the existence of the beta test and its results to anyone other than the City's employees who are performing the testing; (b) copy any portion of the JMS or documentation, except to the extent necessary to perform beta testing; (c) reverse engineer, decompile or disassemble the JMS or any portion of it. 5. Security Precautions The City shall take reasonable security precautions to prevent the JMS from being seen by unauthorized individuals whether stored on the City's hard drive or on physical copies such as CD -ROMS, diskettes or other media. 25B -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: AMENDMENTS TO HOMELESSNESS PREVENTION AND RAPID RE- HOUSING PROGRAM AGREEMENTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to execute the attached amendment with Olive Crest decreasing the Homelessness Prevention grant amount by $40,000, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and the Clerk of the Council to execute the attached amendment with Public Law Center increasing the Homelessness Prevention grant amount by $20,000, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager and the Clerk of the Council to execute the attached amendment with Mercy House increasing the Homelessness Prevention grant amount by $20,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The American Recovery and Reinvestment Act of 2009 (Recovery Act) appropriated $1.5 billion for communities to provide financial assistance and services to prevent individuals and families from becoming homeless and to help those who are experiencing homelessness to be quickly re- housed and stabilized. Santa Ana was allocated $2,831,989 under the terms of the funding distribution formula established by the U. S. Department of Housing and Urban Development (HUD) for these programs, which are titled Homelessness Prevention and Rapid Re- Housing (HPRP). On September 8, 2009, City Council authorized the execution of agreements with nine local HPRP non - profit sub - recipients to carry out HPRP services. On September 7, 2010, after one year of operation, City Council authorized amendments with three sub - recipients to transfer funds between programs and to expand HPRP services to better meet the needs of the community. On January 3, 2011, and again on August 24, 2011, City Council authorized the execution of amendments with sub - recipients to meet the HPRP program expenditure requirements. 25C -1 HPRP Amendments February 21, 2012 Page 2 Considering current expenditure rates and projections to meet the 100% expenditure requirement by August 2012, one sub - recipient has requested that a portion of its grant be reallocated to other Santa Ana HPRP sub - recipients. Staff and sub - recipients have agreed upon the following adjustments to the HPRP allocations: Organization Returning Funds Olive Crest $40,000 FISCAL IMPACT Organizations Receiving Funds Public Law Center $20,000 Mercy House $20,000 There is no fiscal impact associated with this action. '-h " w N Nancy T. Ed rd Interim Exec i, Director Community Development Agency NTE/TE /mlr Exhibits: 1. Olive Crest Amendment 2. Public Law Center Amendment 3. Mercy House Amendment 4. Olive Crest Letter 5. Public Law Center Letter 6. Mercy House Letter 25C -2 FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND OLIVE CREST FOR THE USE OF HOMELESSNESS PREVENTION AND RAPID REHOUSING GRANT FUNDS THIS FOURTH AMENDMENT TO AGREEMENT is entered into on the _ day of February 2012, by and between Olive Crest, a California non - profit corporation ( "Subrecipient ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement Between the City of Santa Ana and Olive Crest for Use of Homelessness Prevention and Rapid Rehousing Grant Funds (Program Year 2009 -10), dated September 30, 2009, (hereinafter "said Agreement ") by which Subrecipient has been providing support to the homeless youth or those who are at risk for homelessness. B. On September 7, 2010, said Agreement was amended to decrease services and funding for this Subrecipient based on expenditure rates and projections as to whether each grantee could meet the HPRP statutory requirement that grantees expend 60% of its award funds within 2 years of the date that the U.S. Department of Housing and Urban Development ( "HUD ") signed the grant agreement. C. The City's HPRP program requires that grantee's expend 100% of its award funds by June 20, 2012. HUD may recapture and reallocate unused HPRP funds if grantee cannot meet this requirement. Said Agreement was further amended on January 3, 2011 and August 24, 2011. D. Based upon current expenditure rates and projections as to whether each grantee can meet the requirements stated herein, the parties hereto have agreed to this amendment to further decrease services and the amount of Homelessness Prevention grant funds. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. The Budget that is referenced in the Agreement as "Exhibit B" shall be amended and replaced with a revised Exhibit B due to this Amendment. 2. Section VI, A. "Agreement Amount ", the amount of the Homelessness Prevention grant shall be reduced by $40,000, due to the reduced services. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. EXHIPIT 1 25C -3 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: City Attorney By: LISA E. STORCK Assistant City Attorney CITY OF SANTA ANA PAUL WALTERS Interim City Manager SUBRECIPIENT Olive Crest Name: Edward J. Becker Title: CFO Tax ID: EXHIBIT 1 25C -4 Final Budget (Exhibit B) Organization Name Olive Crest Treatment Centers, Project Independence Place an X: Homelessness PreventionFX-7777] Rapid Rehousing�� Expenditures Category Expenses Funded by Santa Ana Expenses Funded by Other Sources Total Program Budget Administration Administrative Staff Salaries & Benefits $ - $ ' Other: List below 1 $ - 2 $ - 3 $ - 4 $ - 5 $ - Total $ - $ - $ - Housing Relocation and Stabilization Services Case Management $12,500.02 $12,500.02 Outreach and Engagement $714.24 $714.24 Housing Search and Placement $ - $ ' Legal Services $ - $ ' Credit Repair Counseling $ - $ ' Total $13,214.26 $ - $13,214.26 Financial Assistance Rental Assistance $29,259.55 $29,259.55 Utility Payments $ - $ ' Deposits $ - $ ' Moving Costs $ - $ ' Motel /Hotel Vouchers $ - $ ' Total $29,259.55 $ - $29,259.55 Program Total $42,473.81 $ - $42,473.81 LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana HPRP 1 $42,473.81 1 Total Funds for the Program 1 $42,473.81 1 Page 1 of 1 25C -5 25C -6 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE PUBLIC LAW CENTER FOR THE USE OF HOMELESSNESS PREVENTION AND RAPID REHOUSING GRANT FUNDS THIS SECOND AMENDMENT TO AGREEMENT is entered into on the _ day of February 2012, by and between the Public Law Center, a California non - profit corporation ( "Subrecipient ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement Between the City of Santa Ana and the Public Law Center for Use of Homelessness Prevention and Rapid Rehousing Grant Funds (Program Year 2009 -10), dated September 30, 2009, (hereinafter "said Agreement ") by which Subrecipient has been providing support to homeless persons and/or those who are at risk for homelessness under the Homelessness Prevention and Rapid Re- Housing program ( "HPRP "). B. Said Agreement was amended on August _, 2011 to decrease funds because the City's HPRP program required that grantees expend 100% of its award funds by certain deadlines. HUD may recapture and reallocate unused HPRP funds if grantee cannot meet this requirement. C. Based upon current expenditure rates and projections as to whether each grantee can meet this requirement, the parties hereto have agreed to this amendment to increase funding for this Subrecipient. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Amendment to Agreement, the parties agree as follows: 1. The Budget that is referenced in the Agreement as "Exhibit B" shall be amended and replaced with a revised Exhibit B due to this Amendment. 2. Section VI, A. "Agreement Amount" for the Homelessness Prevention grant shall be increased by $20,000. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. EXHIBIT 2 25C -7 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: City Attorney By: LISA E. STORCK Assistant City Attorney CITY OF SANTA ANA PAUL WALTERS Interim City Manager SUBRECIPIENT Public Law Center By: Title: Tax ID: EXHIBIT 2 25C -8 Final Budget (Exhibit B) Organization Name Pub7ic Law Center Place an X: Homelessness Prevention Rapid Rehousing Exoenditures Category $ Expenses Funded by Santa Ana Expenses Funded by Other Sources Total Program Budget 21,525 Administration $ 19,500 cretionary funds from annual event and fund $ Administrative Staff Salaries & Benefits $ 2,625 $ 4,500 $ 7,125 Other: List below Y. 1 Office Supplies $ 177,250 $ 375 $ 375 2 Utilities $ 285 $ 285 3 Liability Insurance $ 90 $ 90 4 $ - 5 $ - Total $ 2,625 $ 5,250 $ 7,875 Housing Relocation and Stabilization Services Case Management $ - $ - Outreach and Engagement $ 19,168 $ 14,190 $ 33,358 Housing Search and Placement $ - $ - Legal Services $ 85,707 $ 50,310 $ 136,017 Credit Repair Counseling $ - $ - Total $ 104,875 $ 64,500 $ 169,375 Financial Assistance Rental Assistance $ - $ - Utility Payments $ - $ ' Security Deposits $ - $ - Utility Deposits $ - $ - Moving Costs $ - $ ' Motel /Hotel Vouchers $ - $ ' Total $ - $ - $ - Program Total $ 107,500 $ 69,750 $ 177,250 LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SEGURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana HPRP $ 107,500 State Bar IOLTA Program $ 21,525 State Bar Equal Access Fund $ 19,500 cretionary funds from annual event and fund $ 28,725 Total Funds for the Program $ 177,250 Page 1 of 1 25C -9 25C -10 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MERCY HOUSE FOR THE USE OF HOMELESSNESS PREVENTION AND RAPID REHOUSING GRANT FUNDS THIS SECOND AMENDMENT TO AGREEMENT is entered into on the _ day of February 2012, by and between Mercy House, a California non - profit corporation ( "Subrecipient ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement Between the City of Santa Ana and Mercy House for Use of Homelessness Prevention and Rapid Rehousing Grant Funds (Program Year 2009 -10), dated September 30, 2009, (hereinafter "said Agreement ") by which Subrecipient has been providing support to homeless women or those who are at risk for homelessness under the Homelessness Prevention and Rapid Re- Housing program ( "HPRP "). B. Said Agreement was amended, and the grant amount increased, on , 2011, as the HPRP program requires, by statute, that grantee's expend 60% of its award funds within two years of the date that the U.S. Department of Housing and Urban Development ( "HUD ") signed the grant agreement. HUD may recapture and reallocate unused HPRP funds if a grantee cannot meet this requirement. C. Based upon current expenditure rates and projections as to whether each grantee can meet this requirement, the parties hereto have agreed to this amendment to increase services and funding for this Subrecipient. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Amendment to Agreement, the parties agree as follows: 1. The Scope of Work and Budget that are referenced in the Agreement shall be amended and replaced with the revised Exhibit B attached hereto and incorporated herein. 2. Section VI, A. "Agreement Amount" shall be increased by $20,000 for the additional services. 3. The City Manager is authorized to execute future amendments to the Scope of Services, Budget line items, or milestone dates with regard to HPRP Subrecipient Agreements that were previously approved under the HPRP Program. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. EXHIBIT 3 25C -11 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: City Attorney By: LISA E. STORCK Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager SUBRECIPIENT Mercy House By: Title: Tax ID: EXHIBIT 3 25C -12 Final Budget (Exhibit B) Organization Name Mercy House Place an X: Homelessness Prevention Rapid Rehousing Exaenditures Category Expenses Funded by Santa Ana Expenses Funded by Other Sources Total Program Budget Administration Administrative Staff Salaries & Benefits $ 5,478 $ 5,478 Other: List below 1 office Supplies $ 1,500 $ 1,500 2 $ " 3 $ " 4 $ " 5 $ " Total $ 6,978 $ - $ 6,978 Housing Relocation and Stabilization Services Case Management $ 109,157 $ $ 109,157 Outreach and Engagement $ - $ - Housing Search and Placement $ - $ - Legal Services $ - $ - Credit Repair Counseling $ - $ - Total $ 109,157 $ - $ 109,157 Financial Assistance Rental Assistance $ 391,000 $ 391,000 Utility Payments $ 10,000 $ 10,000 Security Deposits $ 10,000 $ 10,000 Utility Deposits $ - $ - Moving Costs $ - $ - Motel /Hotel Vouchers $ - $ - Total $ 411,000 $ - $ 411,000 Program Total $ 527,135 1 $ - $ 527,135 LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana HPRP $ 527,135 Total Funds for the Program $ 527,135 Page 1 of 1 25C -13 25C -14 City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Dear Terri Eggers & Frank Hernandez This letter is in response to your request for Olive Crest to evaluate our current HPRP program and reassess our ability to fully utilize our current balance by June of 2012. As we discussed, we will be returning to the City of Santa Ana the amount of $40,000 of our original budget of $235,000 that is currently at a balance of $82,473.81 as of 12/31/2011. This will allow Olive Crest to continue to serve HPRP clients until the end of June. We also discussed that Olive Crest and the City of Santa Ana will reevaluated our HPRP balance in March of 2012 to determine if an additional amount needs to be returned to the City of Santa Ana in time for other agencies to utilize HPRP funds. We will continue to use the remaining funds for HPRP outreach. We plan to continue participating in forums, collaboratives, and coalitions in order to network and market our program to other organizations as well as individuals in need. We would like to thank you for your continued partnership in providing services. Sincerely, Ami Rowland Edward Gonzales Housing & Employment Specialist 2130 E. Fourth St., Suite 200 Santa Ana, CA 92705 Office 714.543.5437 x 1155 Fax 714.543.5463 v - CkEST Strang FamIlles, Safe Kids EXHIBIT 4 25C -15 25C -16 PUBLIC 40 LAW CENTER PROVIDING ACCESS TO JUSTICE FOR ORANGE COUNTY'S LOW INCOME RESIDENTS January 18, 2012 Terri Eggers Senior Management Analyst Community Development Agency Administrative Services Division M -25 20 Civic Center Plaza Santa Ana, CA 92701 RE: City of Santa Ana/PLC HPRP Contract Dear Terri: As the result of discussions between our offices, we understand the City of Santa Ana is interested in adding $20,000 to our existing HPRP contract. This will confirm that the Public Law Center is willing to accept the additional $20,000 in HPRP funds. Thank you for your continued support of our work on behalf of Santa Ana residents at risk of homelessness. Sin rely, �i Kenneth W. Babcock Executive Director & General Counsel EXHIBIT 5 601 Civic Center Drive West • Santa Ana, CA 92701 -4002 - (714) 541 -1010 • Fax (714) 541 -5157 25C -17 25C -18 NFRC� -IC�,F January 20, 2012 Founder and Chairman Terri Eggers Father Jerome T. Karcher Community Development Agency Board of Directors Administrative Services Division M -25 Wiliam E. Baker, Jr. Gary R. Belz, CT.A. 20 Civic Center Plaza Raymond M. Bukaty Santa Ana, CA 92701 Tim Clyde term assistance to a number of current clients as well as provide assistance Daryl A. Cole, CFP Thomas J. Conway, J.D., C.P.A. SUBJECT: Santa Ana Homeless Prevention Program — Sara D'Elia, C.P.M. Patd D. Cook -ones Acceptance of Additional Funds Kathleen Janson To date, Mercy House has successfully served 94 resident households Jane Kearl including 280 individuals through the Santa Ana Homeless Prevention and Lisa hlaretrs Dear Terri, Christie Pelms Michael Ray Jim Righeirn The of this leter is to inform the City of Santa Ana of Mercy House's C.P.A. purpose acceptance of an additional $20,000 to support the Santa Ana Homeless p 011 Schrank, C, Jon Sdnrnnl<, CFP Department and city staff as well as been in compliance with the Patel Singarella Prevention Program. Leslie Whimey this commitment to the Santa Ana Homeless Prevention en Director w We are confident in our abilities to spend the full amount of the award by the t e G. Haynes, Jr. Lawrence end of the contract date and have made service projections that assure this. Programs Homeless Prevention Program Additional funding allocated to this program will enable us to provide longer Mercy House Center - Ontario term assistance to a number of current clients as well as provide assistance AnnoyEmetgency Shelter Proknams Family Redirection Program to additional unduplicated households. Temporary Homeless Service Area Assisi House Howe To date, Mercy House has successfully served 94 resident households Joseph Joseph House Reginer Howe including 280 individuals through the Santa Ana Homeless Prevention and Trinity House Aftercare Services Rapid Re- housing Programs. Rapid Re- housing Program Damien Residence Frances Xavier Residence Throughout the term of this contract, Mercy House staff has worked Guadalupe Residence Katharine Drexel Residence cooperatively with the City of Santa Ana's Community Development San Miguel Residence Department and city staff as well as been in compliance with the Y.h.`lie and Louis Martin Residence programmatic, fiscal and reporting requirements of the contract. It is our )a-C u, this commitment to the Santa Ana Homeless Prevention 33- 0315864 desire to continue Program and to any following contract amendments. Sincere) Patti Long Operations Director EXHIBIT 6 W/c help people find their waY hack home. P.O. Box 1905 Y Santa Ana, CA 92702 v (714) 836 -7188 v Fax (714) 836 -7901 www.mercyhouse.net 25C -19 25C -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: AGREEMENT AMENDMENT WITH SERVICE 1ST FOR FOUNTAIN MAINTENANCE SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with Service 1St to add maintenance for the fountain at the Santa Ana Regional Transportation Center, in the annual amount of $3,300 for a total agreement amount not to exceed $39,990, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for the routine maintenance of the fountains located in the Downtown Civic Center, including the Plaza of the Fountains (three fountains), Plaza of the Sun, Sasscer Park, and the 2 "d Street Mall fountain. On November 7, 2011, Service 1St was awarded the contract to maintain these six fountains. This amendment adds the Santa Ana Regional Transportation Center fountain to this service contract. The previous contractor servicing the Transportation Center fountain is no longer in business. The two -year agreement expires December 31, 2013 and includes a provision that allows the City to extend the agreement for two additional two -year terms. The original agreement is for $30,690. This amendment includes $3,300 for the Transportation Center fountain and a $6,000 contingency for unanticipated work on all seven fountains, bringing the new agreement not to exceed amount to $39,990. 2501-1 Service First Agreement Amendment February 21, 2012 Page 2 FISCAL IMPACT Funds are available in Civic Center M &R Building and Grounds account (no. 07413250 62320) and the Depot's Maintenance & Repair - Buildings and Grounds account (no. 06717650 62320). Gerardo Mouet, Executive Director N Parks, Recreation and Community Services Agency �, /-).. -,7 ' /1, Raul Godinez II V Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNT: a A 1 .. > Francisco sco Gutierrez, Executive Director Gt-� Finance and Management Services Agency 25D -2 FIRST AMENDMENT TO SERVICE AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 21, 2012, by and between Service First Contractors Network dba Service 1St, a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2011 -249, dated November 7, 2011, (hereinafter "said Agreement ") by which Contractor has provided fountain maintenance and repair services. B. In accordance with the terms and conditions, the parties wish to amend said Agreement to include an additional fountain site for maintenance and repairs, increase compensation to pay for the additional services and provide a contingency for unanticipated repairs that may be required during the term of said Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: Section 1, SCOPE OF SERVICES, shall be amended to include Contractor shall provide maintenance and repair services for the fountain located at the Santa Ana Regional Transportation Center ( SARTC). Said SARTC maintenance shall be performed on a once a week basis, and shall comply with the Specifications for maintenance and repair of the fountains in Downtown Santa Ana and the Civic Center, set forth in said Agreement as Exhibit A. 2. Section 2, COMPENSATION, shall be amended to increase compensation by $3,300, to pay for the additional services at SARTC and an additional $6,000 contingency for unanticipated maintenance and repairs required during the term of said Agreement. The total amount to be expended shall not exceed $39,990, during the term of said Agreement. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. %% 25D -3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager SERVICE FIRST CONTRACTORS NETWORK FRANK VANDENBERG President 25D -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: AGREEMENT RENEWAL WITH GRAFFITI PROTECTIVE COATINGS, INC. FOR GRAFFITI REMOVAL SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached renewal for graffiti removal services with Graffiti Protective Coatings, Inc., in an amount not to exceed $600,000 for the period of March 1, 2012 through February 28, 2013 subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Maintenance Division is responsible for citywide graffiti abatement, which is performed 365 days a year. Graffiti is typically removed within 24 hours based on requests received from City staff and residents through the City's graffiti hot -line telephone number. In February, 2011 Council approved an agreement with Graffiti Protective Coatings, Inc. for a one - year period with provisions for 4 one -year renewals. Graffiti Protective Coatings has made a positive impact to the community by providing enhanced service levels which include citywide color matching, daily upper -level graffiti removal, and graffiti crime analysis. During the first 10 months of the contract, 4,089,967 square feet of graffiti was abated, which is 12 percent more than the same 10 -month period of the prior year. The vendor has performed effectively during its first year and has agreed to renew the contract with no increase in pricing. Staff recommends the approval of the first of 4 one -year renewals. 25E -1 Graffiti Protective Coatings, Inc. Aggreement for Graffiti Removal Services February 21, 2012 Page 2 FISCAL IMPACT Funds are available in the Environmental Sanitation Fund (accounting unit 06817642 - 62300). �r--- --- Godinez II Executive Direc r Public Works Agency RG /DM Exhibit: 1. Amendment APPROVED AS TO FUNDS AND ACCOUNTS: �: �\� Z-N T--, I- La� , A, , . — r Francisco Gutierrez Executive Director Finance & Management Services Agency 25E -2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 21, 2012, by and between Graffiti Protective Coatings, Inc., a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2011 -028, dated February 7, 2011, (hereinafter "said Agreement ") by which Contractor has provided graffiti removal services. B. In accordance with the terms and conditions of said Agreement, the parties wish to exercise the first option to extend the term, and provide compensation during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to add $600,000.00 to pay for graffiti removal services during the first one -year extension period, March 1, 2012 through February 28, 2013. 2. Section 3, TERM, shall be amended to reflect the parties' exercise of the first option to extend. The termination date shall be extended to February 28, 2013. The term may be extended for up to three (3) additional one -year periods, at the option of the City. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ II Executive Director Public Works Agency CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager GRAFFITI PROTECTIVE COATINGS, INC. CARLA LENHOFF President 25E -3 25E -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: AMENDMENT TO AGREEMENT WITH WESTBOUND COMMUNICATIONS FOR WEB -SITE MAINTENANCE AND COMMUNICATION SERVICES FOR EMERGENCY PREPAREDNESS (UASI FUNDED) ��l (),— 6�� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15fReading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with Westbound Communications to provide additional staff and materials for the outreach program for emergency preparedness in an additional amount of $24,000, for a new total contract amount of $174,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate and appropriate equipment to prevent, respond to, and recover from acts of terrorism. In 2011, Santa Ana was designated as an Urban Area Core City for the ninth consecutive year. On October 3, 2011 the City of Santa Ana entered into an Agreement with Westbound Communications for $150,000 to continue website enhancement and maintenance, and promotional services for the "ReadyOC" Emergency Preparedness Campaign. A key component of this campaign is community outreach activities including municipally- sponsored disaster preparedness events, information booths at county fairs, faith -based community activities, and school assemblies. The school program, which was presented to 47 student assemblies in 2011, is enjoying increased popularity. The program focuses on elementary school children using entertaining props, puppets, educational materials, and "take home" supplies to educate families on the importance of being prepared for an emergency or disaster. Additional resources will increase the number of school assemblies offered in 2012 and provide the necessary staff and materials to meet the needs of this critical target audience. 25F -1 Amendment to Agreement with Westbound Communications for Web -Site Maintenance and Communication Services for Emergency Preparedness February 21, 2012 Page 2 FISCAL IMPACT Funds are available in the FY 2010 UASI Grant fund account (Accounting no.125- 14491- 62300- 11424001186 -3492) Paul M. M. Walters Chief of Police Police Department OL /KM APPROVED AS TO FUNDS AND ACCOUNTS: l.C. Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25F -2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, entered into on this day of , 2012, Westbound Communications, Inc. (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The parties entered into Agreement No. A -2011 -241, dated October 3, 2011, (hereinafter "said Agreement'), by which Consultant has provided website enhancement and hosting services, as well as promotional services for the ReadyOC Emergency Preparedness Campaign. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the scope of services to have Consultant provide an instructor to deliver community outreach and training services, as set forth in said Agreement, and to increase compensation to pay for such services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: Section 1, SCOPE OF SERVICES, shall be amended to have Consultant provide an instructor to deliver community outreach and training services under said Agreement. 2. Section 3, COMPENSATION, shall be amended to increase compensation to an amount not to exceed $24,000.00 to pay for the additional services provided during the term of said Agreement. 25F -3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY 14, ;SA L. JUDP Assistant City A orney CITY OF SANTA ANA PAUL, M. WAL,TERS Interim City Manager WESTBOUND COMMUNICATIONS, INC. 1 r, /Rkl' MILTENBERGER Senior Vice President 25F -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 6, 2012 TITLE: CONDITIONAL USE PERMIT NO. 2011 -09 (APPEAL NO. 2011 -01) TO AMEND CERTAIN CONDITIONS FOR MARISCOS ZAMORA RESTAURANT AT 3701 WEST MCFADDEN AVENUE, SUITES G-J, JOSEFAT ZAMORA, APPLICANT C�.— LAC.-- t4� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving modifications to Conditional Use Permit No. 2011 -09 (Appeal No. 2011 -01). PLANNING COMMISSION ACTION On December 12, 2011, the Planning Commission granted Appeal No. 2011 -01 and adopted a resolution approving modifications to Conditional Use Permit No. 2011 -09 as conditioned by a vote of 5:2 (Acosta, Yrarrazaval opposed) for Mariscos Zamora Restaurant located at 3701 West McFadden Avenue, Suites G -J in the North Harbor Specific Plan (SP -2) zoning district (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. y M. Trevino Executive Director Planning & Building Agency VC:rb vc/reports/appeall l -01 mod cupl1 -09 Mariscos Zamora ABC= Exhibit: A. Planning Commission Staff Report 31A-1 'ki r =v , REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 12, 2011 TITLE: PUBLIC HEARING — APPEAL NO. 2011-01 FILED BY JOSEFAT ZAMORA TO AMEND CERTAIN CONDITIONS OF CUP NO. 2011-09 FOR MARISCOS ZAMORA AT 3701 WEST MCFADDEN AVENUE, SUITES G -J Prepared by Verny Carvajal QfQ� Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Plarming W2ager Adopt a resolution denying the applicant's request to extend the hours of alcohol sales until 2:00 a.m. (Appeal No. 2011 -01), thereby confirming the Zoning Administrator's decision of November 2, 2011. lo—T= • = Josefat Zamora is requesting approval of an appeal application to modify Conditional Use Permit No. 2011 -09 and allow extended hours of operation for the Mariscos Zamora restaurant. Protect Location and Site Description Mariscos Zamora restaurant is located within an existing, multi - tenant commercial development that is located at the northeast corner of McFadden Avenue and Harbor Boulevard. The site is approximately 247,400 square feet in size and contains 10 single-story buildings ranging in size from 4,900 to 30,600 square feet. The total area for the restaurant is 3,280 square feet. The site has a total of 356 on -site parking spaces (Exhibits 1 and 2). Protect Description The applicant is requesting modifications to Conditional Use Permit No. 2011 -09 to permit karaoke and strolling musicians and to extend hours of alcohol sales from 12:00 a.m. to 2:00 a.m. at the existing restaurant. Specifically, the applicant is proposing to amend Condition No. 8, which limits the sale of alcohol from 7:00 a.m. to midnight; and Condition No. 9, which prohibits karaoke and strolling musicians. No tenant improvements are proposed as part of this project. The restaurant is a full service, sit -down eating establishment that currently accommodates approximately 76 patrons within its dining room (Exhibits 3 and 4). EXHIBIT A lkii[_7 Appeal No. 2011 -01 December 12, 2011 Page 2 Project Backarou_nd and Zoning Administrator Action Mariscos Zamora is an independently owned restaurant specializing in Mexican casual cuisine. This business has been operating at this location since December of 2000. The restaurant was originally approved as the Dos Amigos Restaurant in 1997, which operated under Conditional Use Permit No. 1997 -15 allowing for a Type 41 ABC license covering Suites H and I. The owners of Mariscos Zamora subsequently requested an amendment to the original CUP and it was approved on September 25, 2006. The amended CUP (CUP 1997 -15 Modification) allowed for the expansion of the restaurant into adjacent Suite J. In 2011 the business owner proposed a further expansion into Suite G and also requested an amendment to the existing condition of approval (Police Condition No. 8) to allow for the extension of their hours of alcohol sales until 2:00 a.m. (CUP 2011 -09). A Zoning Administrator hearing to consider the application was held on April 27, 2011. During the public hearing, in addition to the request for extended alcohol sales hours, the applicant requested a modification to Police Condition No. 9 to allow for strolling musicians, karaoke and a jukebox. The Zoning Administrator considered this information and continued the item to May 18, 2011. On May 18, 2011 the Zoning Administrator approved the expansion into Suite G and modified Police Condition No. 9 to permit a jukebox, with the proviso that it not be audible beyond 20 feet of the business. The request for extended hours of alcohol sales, strolling musicians and karaoke was not approved; however, the Zoning Administrator offered to re- review the applicant's request in six months to give the applicant time to establish a track record of compliance with the new conditions. This six -month period would have expired in late December 2011. As is the regular process for such approvals, on June 13, 2011, the Planning Commission confirmed the Zoning Administrator's action as part of the Consent Calendar. However, on August 19, 2011 the applicant contacted the City prior to the established six -month review period to request a review of the existing conditions of approval to allow karaoke, strolling musicians, and extended hours of alcohol sales. The applicant asked that staff consider the request earlier in order to allow the restaurant to remain competitive and meet customer demands during the peak holiday season. Staff agreed to present this information to the Zoning Administrator. A Zoning Administrator hearing was held on October 26, 2011 for Conditional Use Permit No. 2011 -09. Prior to the ZA hearing, two phone calls and a letter were received expressing concerns with noise and public safety related to the proposed live music and extended alcohol sales hours. Additionally, concerns were expressed relating to excessive window signs and exterior advertising promoting the availability of alcoholic beverages, both in violation of the existing CUP. This letter was presented by staff at the ZA hearing and three members of the public were in attendance. Two members were in support of the application and explained the benefit of extended alcohol 31A-4 Appeal No. 2011 -01 December 12, 2011 Page 3 sales hours and options for entertainment, while the other member expressed his issues with the window signs and lack of compliance with the existing conditions of approval. The Zoning Administrator instructed the applicant to comply with existing conditions of approval, and instructed them to remove all unpermitted window signs and temporary flags. He concluded by continuing the item for one week in order to allow the Police Department and Planning Division to verify compliance with all existing conditions. On November 2, 2011 the proposal was reevaluated by the Zoning Administrator. At this meeting, the Planning Division presented photographs of the site showing that the illegal signage had been removed as requested by the Zoning Administrator. The Zoning Administrator expressed his concerns that the applicant had not yet established a strong track record of compliance, but elected to approve the request to further modify Police Condition No. 9 to permit strolling musicians and karaoke and denied the request to amend Police Condition No. 8 to extend the hours of alcohol sales. In summary, with the exception of the extended alcohol sales hours, all of the applicant's requests for modifications to the CUP were approved. On November 7, 2011 the applicant appealed the Zoning Administrator's decision denying the extended hours of alcohol sales (Appeal Application No. 2011 -01). The applicant states that the extended hours of alcohol sales are necessary to remain competitive with other businesses in the area. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The site is surrounded by commercial uses to the north, south and west, and industrial uses to the east. The parcel is located within the General Commercial sub -zone of the North Harbor Specific Plan (SP -2) zoning district. The SP -2 zoning district allows for retail and service uses, such as restaurants, making the proposed use consistent with the zoning code. Prowect Analysis The following analysis will focus on the issues regarding the extension of the hours for alcohol sales until 2:00 a.m. at Mariscos Zamora. Police Condition No. 8 of CUP 2011 -09 states that: "Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 7.00 a.m. and 12:00 a.m." 31A-5 Appeal No. 2011 -01 December 12, 2011 Page 4 Mariscos Zamora is located within the General Commercial sub -zone of the North Harbor Specific Plan (SP -2). This zone does not require an after -hours permit for restaurants, such as those that are located within 150 feet of residential uses in other commercial zones. Under the existing zoning, and without any additional discretionary approvals, Mariscos Zamora currently has the ability to operate 24 hours. The condition of approval that restricts their hours of operation until 12:00 a.m. only pertains to the sale and service of alcohol. That condition has existed since the time of their original approval in 1997. Therefore, the findings of fact that follow are restricted to the extension of the hours of sales and service of alcohol. The Santa Ana Municipal Code (SAMC) Section 41 -645 establishes a process for appeals. Findings for an appeal are contained in Section 41 -638 of the SAMC. Appeals may be granted when the following findings can be made: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the appeal. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the appeal, staff believes that the following findings of fact warrant denial of the applicant's appeal to extend the hours of alcohol sales. • The request for extended hours of alcohol sales will not provide a service or facility which will contribute to the general well being of the neighborhood or community. Within a one -mile radius of the project address there currently exist 37 ABC licenses. lki_[�Q: Appeal No. 2011 -01 December 12, 2011 Page 5 Type 20 Off -site sale of beer and wine Pacific Market 511 N. Harbor Blvd. 7 Eleven 103 S. Harbor Blvd. Wong Am Pm Inc 2646 W. First St. Cal Va Dairy 4201 W. f=irst St. First & Fair Market 2715 W. First St., A Two Brothers Market 3610 W. First St., A Lucky Center Market 3502 W. Fifth St. R Ranch Market 2521 W. McFadden Ave. 7 Eleven Store 2745 W. McFadden Ave. Wal Mart Store 3600 W. McFadden Ave. Type 21 Off -site sale of beer, wine, and distilled spirits CVS Pharmacy 228 N. Harbor Blvd. Northgate Market 230 N. Harbor Blvd. Susies Liquor Market 914 N. Harbor Blvd., F Nadys Market 652 S. Harbor Blvd. Northgate Market 770 S. Harbor Blvd. Dans Liquor 950 S. Harbor Blvd. Bottle Liquor 4502 W. First St. El Super 3700 W. McFadden Ave. On -site sale of beer only (Type 40) or beer and wine (Type 41) in Type 40, 41 conjunction with a restaurant Lindo Guerrero Bar 2545 W. McFadden Ave. Colima Mexican Restaurant 130 N. Fairview St., A El Nuevo Monterey 601 N. Harbor Blvd. El Rey Del Marisco 914 N. Harbor Blvd., F Alfonsos Mexican Food 650 S. Harbor Blvd. Taqueria Guerrero 938 S. Harbor Blvd. Pho & Che Cali Restaurant & Bakery 120 S. Harbor Blvd., M Favori Restaurant 3502 W. First St. Cay Dua Restaurant Inc 3522 W. First St. Newport Seafood Restaurant 4411 W. First St. Ngoc Duong Restaurant 4504 W. First St. Pho Tau Bay Ltt 3610 W. First St., C Hen Ho Restaurant 4702 W. First St., F Mariscos Ensenada Restaurant Inc 3622 W. Fifth St. Casa Oaxaca 3317 W. First St. On -site sale of beer, wine, and distilled spirits in conjunction with a Type 47 restaurant The Red Turtle 1019 S. Fairview St. Willowick Golf Course 3017 W. Fifth St. On -site public premise sate of beer and wine (Type 42) or beer, Type 42, 48 wine and distilled spirits (Type 48) — no food service required El Fracaso Bar 701 N. Harbor Blvd. El As De Oros 3331 W. First St. The Tenamga Inn 4522 W. First St. 31A-7 Appeal No. 2011 -01 December 12, 2011 Page 6 Of those, 15 are for restaurants that sell beer and wine for on -site consumption (Type 41) similar to Mariscos Zamora. The following table illustrates the restrictions on hours of alcohol sales and service currently existing in the area. Due to the fact that most of these restaurants were approved prior to the establishment of the City's regulations and permitting processes regarding alcohol sales, they have few added conditions of approval and no City restriction on the hours of alcohol sales. It should be noted that ABC limits the sale of alcohol until 2:00 a.m., unless the City imposes more restrictive conditions, in which case, ABC includes the City's condition on the applicant's license. The current table reflects that 80 percent of existing restaurants with a Type 41 alcohol license (12 total) do not have any city- imposed restrictions on the hours of alcohol sales. In addition, there are also three bars (public premise) within a one -mile radius of the proposed project. The request to extend the hours of alcohol sales will not provide an additional service within the area. • The proposed extension of the hours of alcohol sales, service and consumption will, 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 sales, service and consumption of alcoholic beverages beyond midnight may attract patrons other than those found as part of a typical sit - down family restaurant. This may be detrimental to the safety and general welfare of both the restaurant patrons and the community at large, as the Police Department has found a strong correlation between the availability of alcohol and additional crime impacts to the community. The restaurant is located within an area that is considered a special enforcement district for prostitution. Since January of 2011 the two reporting districts nearest to the subject location (Reporting Districts 46 and 47) have had over 100 reported incidents of prostitution and /or vice - related crimes. In addition, the Police Department has evaluated the applicant's request to extend the hours of alcohol sales and is concerned that an expansion would create a potential for a nightclub which would require an additional CUP in the SP -2 zoning district. 31A-8 Name Restrictions Address 3701 West McFadden, Suites G -J Mariscos Zamora (subject) 7:00 a.m. -12:00 a.m. 130 North Fairview Street, Suite A 601 North Harbor Boulevard Colima Mexican Restaurant EI Nuevo Monterey No City Restriction No City Restriction 914 North Harbor Boulevard, Suite F 650 South Harbor Boulevard El Rey Del Marisco Alfonsos Mexican Grill No City Restriction No City Restriction 938 South Harbor Boulevard 120 South Harbor Boulevard, Suite M Taqueria Guerrero Pho & Che Restaurant No City Restriction No City Restriction 3522 West First Street Cay Dua Restaurant 8:00 a.m. -12:00 a.m. 3502 West First Street Favori Restaurant No City Restriction 4411 West First Street 4504 West First Street Newport Seafood Restaurant Ngoc Duong Restaurant Unavailable 9:00 a.m. -12:00 a.m. 3610 West First Street, Suite C Pho Tau bay Restaurant No City Restriction 4702 West First Street, Suite F Hen Ho Restaurant No City Restriction 3317 West First Street Casa Oaxaca No City Restriction 3622 West Fifth Street Mariscos Ensenada No City Restriction The current table reflects that 80 percent of existing restaurants with a Type 41 alcohol license (12 total) do not have any city- imposed restrictions on the hours of alcohol sales. In addition, there are also three bars (public premise) within a one -mile radius of the proposed project. The request to extend the hours of alcohol sales will not provide an additional service within the area. • The proposed extension of the hours of alcohol sales, service and consumption will, 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 sales, service and consumption of alcoholic beverages beyond midnight may attract patrons other than those found as part of a typical sit - down family restaurant. This may be detrimental to the safety and general welfare of both the restaurant patrons and the community at large, as the Police Department has found a strong correlation between the availability of alcohol and additional crime impacts to the community. The restaurant is located within an area that is considered a special enforcement district for prostitution. Since January of 2011 the two reporting districts nearest to the subject location (Reporting Districts 46 and 47) have had over 100 reported incidents of prostitution and /or vice - related crimes. In addition, the Police Department has evaluated the applicant's request to extend the hours of alcohol sales and is concerned that an expansion would create a potential for a nightclub which would require an additional CUP in the SP -2 zoning district. 31A-8 Appeal No. 2011 -01 December 12, 2011 Page 7 • The requested extension of the hours of alcohol sales, service and consumption will adversely impact the economic stability or future economic development of property in the surrounding area by exacerbating the existing condition of a high number of unrestricted alcohol- serving establishments. The Police Department has found a strong correlation between the availability of alcohol and additional crime impacts to the community, which can destabilize an area and make it less attractive as a commercial location and negatively affect the economic well -being of the neighborhood. The denial of this appeal would support Policy 4.5 of the Economic Element of the General Plan which discourages making land use decisions purely on fiscal considerations, but also the qualitative implications of the action. • Although the site is outside of the area requiring a separate CUP for after -hours operations, Police Condition No. 8 is specific to the regulation of the hours for sales and service of alcohol. The City has additional standard conditions of approval that are applied to all requests for alcohol sales. By affirming the Zoning Administrator's decision to not modify this condition, the project would be in compliance with similar approvals. The proposed expansion of hours of alcohol sales, service and consumption will conflict with the established goals and policies of the General Plan and the North Harbor Specific Plan. The request for extended hours for the sale of alcoholic beverages is inconsistent with Policy 2.5 of the General Plan, which seeks to balance economic benefits of commercial development with any potential impacts to the community's quality of life. Further, the North Harbor Specific Plan (SP -2) contains goals and objectives that seek to support the adjacent residential neighborhoods. Examples of these objectives include the provision of full service, sit -down, family -style restaurants. The extension of hours for alcohol sales does not serve to strengthen the family -style orientation of the restaurant that is the subject of this application. The Harbor Specific Plan also establishes the goal of providing assertive policing and community service programs to alleviate crime and social problems along the corridor. Upholding the Zoning Administrator's denial of the modification to the condition restricting the hours of alcohol sales would support the goal of alleviating crime and social problems. Police Department Analysis The Police Department evaluated the applicant's request and also concluded that an extension of hours related to the sale of alcohol would create a potential for a nightclub and other uses not covered under the Type 41 ABC license category. Further, the prevalence of prostitution activity in this area and the presence of a large number of unrestricted alcohol serving establishments makes it an unsuitable location for the extension of alcohol sales hours. Mi LAW, Appeal No. 2011 -01 December 12, 2011 Page 8 Public Notification The project site is located within the Santa Anita neighborhood and near the boundaries of the Riverview West neighborhood. The presidents of these Neighborhood Associations were notified by mail 10 days prior to this public hearing. In addition, the District representative from the City's Neighborhood Improvement Division contacted the presidents to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association presidents, nor was there a request that the applicant present the project to a meeting of their members. However, members of the public did submit written protests and appeared at one or more of the public hearings that considered the original request. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2011 -32 will be filed for this project. Conclusion Based on the analysis provided within this report, of the hours of alcohol sales is recommended tc denying the applicant's appeal. Verny Cary al Senior Planner VC:jm vdreports\appeaN 1.01 mod cup11.09 Mariscos Zamora ABC. 121211.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 Location Map Exhibit 3 — Floor Plan Exhibit 4 — Site Plan the Zoning Administrator's denial of the extension be upheld by the Planning Commission, thereby ikiiLINK Vince FeVinc regoso, A P Principal Planner _ r- 11 —_--J I IRI.9 - ��J p k it2 1 SD ll 1 I Cut R2 It /�/ v -361! 1 1 II Mt P2 Idn•p J 1� _ 54 R' Ai Al RI I R2 A2 R2 A2 R2 Ri Rz j ,) I •'ii �\F-- �r --^l � r 2 $ RI -PAD h tl l La4RD yl_ J: _ d SP -2 /"mi",;I, i C2 I' x< SM12 SF2 Sy2 Sr -2 SP2 C2h t im J ST. -r CS C2 =TrC2 SP -2 '�'r sp -t 1 ;f�J '� �C2; �� r i� 2 IR2 / SQ•4it (I w I! So-3i q2 II t 1 I g4 II /r 111 iIf t At U x. 1 11 I' IN 1 R2 0 .. II I I I ! 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COMMERCIAL-MUSEUM DISTRICT MO MILAARYOPFRAIIONS RE RESTDINf)UILESTATE C2 G£NFRALCOMM£ACIAL 0 OPEN SPACE SD SPECIFIC DEVELOPMENT Cl CEN,IFRALBUSNESS P PROFESSIONAL SP SPEOMPtAN C3•A COMI.PUSgrIZARTISTVILLAGE PCD FLANLVEOCOMMUN "DEVELOPMENT C4 PUIHNEOSHOPPINGCENIFR PAD PLANNED RESIDENTIAL DEVELOPMENT CS ARTFRIALCOMMERCIAL CUP 11 -09 JOSEFAT ZAMORA' 3701 WEST MC FADDEN AVENUE, SUITE G J - - 500 FEET 1' _ ) 000 FEET P L A N N I N G A N D B U _I_ L D I N G A G E N C Y EXHIBIT 9 31A-1"1 CUP 11 -09 JOSEFAT ZAMORA 3701 WEST MC FADDEN AVENUE, SUITE G -J P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 2 31 A -12 COMM ERGI �L 2 UN1 REST EH71 l A L L E Y < u f O u J Q � J U J - m I N 0 U S 7 R I A l N O W '•'„ ;:SITE`.' <:,: � N O O to O � V MC FADDEN AVENUE QDMMERC1At C 0 M M E R C I A L CUP 11 -09 JOSEFAT ZAMORA 3701 WEST MC FADDEN AVENUE, SUITE G -J P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 2 31 A -12 MEMO b� xw Y� r� Q I° mmimm 0 � J «p aoi b 70 WA43 lm Foll r FI a N- co r w U co Z O Q Z O U 0 w Q CIL O CAL • t. a_ w 18 J LL. (iiil��ioa.. i■■■ liii i ■ ■ifi! r ■ ■ ii ■s ■s ■ ■ ■ ■!ii■ ■ ■ ■ ■M ■ ■■l ■iMi��Ong ■r - - is ! lies■ '■ I■ss■ ■i ii ■ ■■ sis■ ■ ■i ii■i! r■ss! tssii ■ �li iii ■i! I ■! l■ ■ ■ ii■ ■� d ■ ■ ■ ■! I ■ii ■f ; li ifilll•L_- ...__Ji. ■i►_ ■■ ■ ■ ■ ■ mlr���r� ■ ■i■ !sand � WA43 lm Foll r FI a N- co r w U co Z O Q Z O U 0 w Q CIL O CAL • t. a_ w 18 J LL. I &_ ©wm MOM tL t lip APO) f 01 in 9 EXHIBIT 4 VWOWVZ SODSIM. IMMIS311:0 NOISNYdX3 Q I I i I I EL 12 co I I I I 01`INSM CO z 0 co 0.0 d CL All 01 in 9 EXHIBIT 4 VWOWVZ SODSIM. IMMIS311:0 NOISNYdX3 Q I I i I I EL 12 co I I I I 01`INSM ROH — 12/12/11 RESOLUTION NO. 2011 -18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA MODIFYING CONDITIONAL USE PERMIT NO. 2011 -09 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 3701 WEST MCFADDEN AVENUE, SUITES G -J (APPROVAL OF APPEAL NO. 2011- 01) 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. The applicant is requesting approval of modification of Conditional Use Permit No. 2011 -09 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine at the restaurant located at 3701 West McFadden Avenue, Suites G -J. B. Conditional Use Permit No. 2011 -09 came before the Zoning Administrator of the City of Santa Ana on April 27, 2011, for a duly noticed public hearing. On April 27, 2011, the Zoning Administrator of the City of Santa Ana continued the public hearing to May 18, 2011. On May 18, 2011, the Zoning Administrator approved Conditional Use Permit No. 2011 -09. C. Conditional Use Permit No. 2011 -09 again came before the Zoning Administrator of the City of Santa Ana on October 26, 2011, for a duly noticed public hearing. On October 26, 2011, the Zoning Administrator of the City of Santa Ana continued the public hearing to November 2, 2011. On November 2, 2011, the Zoning Administrator approved modification of the condition pertaining to live entertainment, but denied the request for a modification to extend the hours of alcohol sales until 2:00 a.m. D. The applicant is requesting approval of an appeal application to modify Conditional Use Permit No. 2011 -09 and allow extended hours of alcohol sales until 2:00 a.m. for the Mariscos Zamora Restaurant located at 3701 West McFadden Avenue, Suites G -J. E. On December 12, 2011, the Planning Commission held a duly noticed public hearing on Appeal No. 2011 -01 (Conditional Use Permit No. 2011- 09). 31 A -15 Resolution No. 2011 -18 Page 1 of 3 F. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. G. Santa Ana Municipal Code Sections 41 -649 and 41 -638 authorize the Planning Commission to modify a conditional use permit upon making certain findings: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed use provides a service or facility which will contribute to the general well being of the neighborhood or community. 2. 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 use, under the circumstances of the particular case and with conditions of approval, would not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will be beneficial to the present economic stability or future economic development of properties surrounding the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed use complies with the regulations and conditions specified in Chapter 41 for such use. 5. 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 or any specific plan of the City. H. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2011 -32 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves Appeal No. 2011 -01, thus approving modifications to Conditional Use Permit No. 2011 -09 as conditioned by the Zoning Administrator in Exhibit "A" attached hereto 31 A -16 Resolution No. 2011 -18 Page 2 of 3 and incorporated herein, as well as overturning the Zoning Administrator's decision to deny the request to sell alcohol until 2:00 a.m., thus amending Police Condition number 8 to allow sales of alcohol until 2:00 a.m.. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 12, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12th day of December, 2011 by the following vote: AYES: Commissioners: Alderete, Gartner, Mill, Nalle, Turner (5) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Acosta, Yrarrazaval (2) None (0) None (0) Eric Alderete Chairman APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2011 -18 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 12, 2011. Date: Secretary of the Planning Commission City of Santa Ana 31 A -17 Resolution No. 2011 -18 Page 3 of 3 Modified Conditions for Conditional Use Permit No. 2011 -09 Conditional Use Permit No. 2011 -09 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 Code and all other applicable regulations. 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. Conditional Use No. 97 -15 and associated findings and conditions shall become null and void should Conditional Use Permit No. 2011 -09 be approved. 2. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2010 -3. 3. 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 the conditional use permit must be amended. 4. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board and the Planning Commission must include the following items: a. One conventional range /oven b. An automatic dishwasher C. A double sink d. A 25 cubic foot refrigerator e. A four -foot by six -foot food preparation area 5. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. 6. Submit a planned sign program for review and approval to include regulation of temporary signs, window signs, freestanding and wall signs as permitted by Chapter 41 -860. Exhibit A Page 1 of 4 ikii_[_d_E:� 7. There shall be no gaming devices, such as pool tables, pinball machines, motion picture booths, etc. 8. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC). 9. The trash enclosure area must be cleaned and be kept in clean condition at all times. 10. There shall be no parking on designated Fire Department fire lanes or any other prohibited areas. 11. There shall be no outdoor sales or consumption of alcohol. B. Police Department 1. The existing restaurant and the entire parking lot of the restaurant must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, condition 1 must be complied with. 3. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 4. The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 5. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 6. Window displays and racks must be kept to a maximum height of three feet including merchandise. 7. Install a silent armed robbery alarm. 8. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 42:00 a.m. (Request for modification by the Planning Commission on December 12, 2011) Exhibit A Page 2 of 4 31 A -19 9. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time. A juke box is allowed as background ambient noise so long as the noise level is not audible beyond twenty (20) feet of the business. In addition, non - amplified acoustic music such as strolling musicians and karaoke are permitted provided that the noise level is not audible beyond twenty (20) feet of the business. (Request for modification by the Zoning Administrator on November 2, 2011) 10. The subject alcoholic beverage license shall not be exchanged for a public premises type of license nor operate as a public premises. 11. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 12. There shall be no coin - operated games or pool table maintained on the premises at any time. 13. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. These records are to be kept no less frequently than on a quarterly basis and shall be made available to the City, if requested. 14. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 15. The sale of beer and /or wine for consumption off the premises is prohibited. 16. All pay telephones shall be located on the interior of the premises. All interior pay telephones must be designed to allow outgoing calls only. 17. The petitioner(s) shall be responsible for maintaining the premises free of litter, including the area adjacent to the premises over which he has control. 18. There shall be no fixed bar or counter at which the service and consumption of alcoholic beverages is allowed. 19. The service of alcoholic beverages shall be by waiter /waitress service only. 20. At all times when the premises are open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. Exhibit A Page 3 of 4 21. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in such restaurants. 22. Conditional Use Permit No. 2011 -09 shall be reviewed at six months by the Zoning Administrator and at 90 days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 23. Ancillary music shall not be audible beyond the area under the control of the licensee. 24. Neither the licensee, nor any person or entity operating the premises with the permission of the licensee, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 25. The premises shall not be operated as an adult entertainment business as such term defined in SAMC Section 41- 1701.6. 26. Alcoholic beverages may not be sold through self - service displays or coolers, which are the open display of alcoholic beverages accessible to the public without the assistance of a clerk. 27. This land use authorization is only for a Type 41 on -sale beer and wine, public eating place. Any other license use at this location will require a new land use clearance. 28. A timed - access cash controller or drop safe must be installed. Exhibit A Page 4 of 4 31A-21 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2 "d Floor, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2011 -18 Conditional Use Permit No. 2011 -09 (Appeal No. 2011 -0 in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Josafat Zamora Joshua Bereny, Esq. 3701 West McFadden Avenue McFadden Harbor Plaza, LLC Santa Ana, CA 92704 15760 Ventura Blvd., 16th Floor Encino, CA 91436 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAM I REZ 31A-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: CONDITIONAL USE PERMIT NO. 2011-25 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY FOR AT &T WIRELESS AT 1301 EAST WARNER AVENUE - TRILLIUM COMMUNICATIONS, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n`' Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2011 -25 as conditioned. PLANNING COMMISSION ACTION On January 23, 2012, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2011 -25 as conditioned by a vote of 6:0 (Turner absent) to allow the construction of a 60 -foot high wireless facility stealthed as a eucalyptus tree at 1301 East Warner Avenue located in the Light Industrial (M1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. t-N J 1. Trevino Executive Director Planning & Building Agency VF:rb vflreports\CURCUP11 -25 AT&T-cc Exhibit: A. Planning Commission Staff Report 31 B -1 ' I REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 23, 2012 TITLE: PUBLIC HEARING - FILED BY TRILLIUM COMMUNICATIONS FOR CONDITIONAL USE PERMIT NO. 2011 -25 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY FOR AT &T WIRELESS AT 1301 EAST WARNER AVENUE Prepared by Vince Fregoso Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning ManaOr Adopt a resolution approving Conditional Use Permit No. 2011 -25 as conditioned. DISCUSSION Request of Applicant Trillium Consulting, Inc., representing AT &T Wireless, is requesting approval of a conditional use permit to allow the construction of a 60 -foot high wireless facility disguised as a eucalyptus tree at 1301 East Warner Avenue. Proiect Location and Site Description The project is proposed to be constructed on a 2.12 -acre (92,275 square foot) parcel of land located on East Warner Avenue, just west of Hathaway Street. The site is currently improved with a 56,243 square foot industrial building that is occupied by Goodwill Industries as a distribution warehouse. Land uses surrounding the site include industrial and warehouse uses to the north, south, east and west, as well as active rail lines to the west that are designated open space (Exhibits 1 and 2). Prolect Description AT &T is proposing to construct a 60 -foot high wireless facility disguised as a eucalyptus tree. This facility is intended to provide increased cellular coverage and call capacity in this area of the City. To give the monopine the appearance of a natural tree, the facility has been designed to have branches that will extend three feet above the antennas to a maximum height of 60 feet. Equipment for the wireless facility will be installed within a 20 -foot by 16 -foot yard area at the rear (west) of the existing building. Further, two 36 -inch box eucalyptus trees will be installed north and south of the facility to assist with the stealthing of the monopole (Exhibits 3, 4 and 5). EXHIBIT A CUP No. 2011 -25 January 23, 2012 Page 2 The proposed wireless facility will contain three arrays with four panel antennas on each side, for a total of 12 panel antennas. A GPS and parabolic antenna will also be located on the monopole. Proiect Background The site is owned by Gates Warner LLC and is occupied by Goodwill Industries for warehouse and distribution purposes. Gates Warner will be leasing a 320 square foot area at the northwest section of their site to AT &T for the installation of the cell tower and related equipment. In April 2011, Trillium Consulting, Inc. submitted plans for the wireless facility. After subsequent review, staff recommended moving the monopole and equipment area to the rear of the property, away from Warner Avenue to assist with the stealthing of the facility. Resubmittals for the project now comply with staff's request, with the wireless facility at the rear of the property. General Plan and Zoning Consistencv The General Plan land use designation for the site is Industrial (IND), which allows for manufacturing and industrial uses. Uses such as wireless facilities are consistent with this General Plan land use designation. The zoning for the site is Light Industrial (M -1). also allows for manufacturing, industrial and consistent with the zoning designation. Project Analysis The Light Industrial zoning district is a zone that warehouse uses. The proposed use is also In July 1998, the City Council adopted Ordinance No. NS -2356, which established regulations for wireless communication facilities throughout the City. Major wireless facilities, which are ground mounted facilities such as the one proposed, or roof mounted and higher than 10 feet above the roof of a building, are required to have a stealth design and be located in an area that provides the greatest amount of visual screening. Further, these major facilities require the approval of a conditional use permit. Also, Section 41 -198.4 of the Santa Ana Municipal Code (SAMC) identifies several site improvements that may be required at sites with major wireless facilities. These improvements include: 1. Landscaping around the base of the facility, including vines, groundcover and a 24 -inch box tree; 2. Decorative fencing (wrought iron or block) around the facility; 3. A six -foot high solid wall between the facility and property zoned or used for residential; 4. One parking space, if on -site parking is not available; 5. Repairing, repaving and restriping of a parking lot which is in poor condition; 6. The repainting of buildings on a site; and 7. The construction of a new trash enclosure. CUP No. 2011 -25 January 23, 2012 Page 3 Conditional Use Permits are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. Section 41- 198.5(b) of the SAMC establishes site selection order of preference criteria for wireless facilities. These provisions require the exploration of various options before proposing a new monopole. The applicant has explored alternatives to this monopine, including providing a roof mounted facility on an existing building in the area and co- locating on another facility. The heights of the buildings (predominantly one story) in the immediate area do not provide the necessary height to provide adequate service. Also, there are no wireless facilities close enough to provide the necessary coverage and capacity that AT &T requires. Site improvements are proposed for the site that will bring the site into compliance with the wireless communications facility ordinance. First, two 36 -inch box eucalyptus trees will be planted near the facility to assist in the stealthing of the monopole. Second, decorative vines will be planted along the chain link fence that will be used to secure the wireless equipment. Finally, the building will be repainted as necessary to remove graffiti. The remaining items were found to be in compliance with the requirements of the wireless facilities ordinance. • The project will provide a service or facility which will contribute to the community. The proposed monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to AT &T's services by reducing the gaps in cellular service and providing additional calling capacity for its users in the south central sector of Santa Ana. 31 B -5 CUP No. 2011 -25 January 23, 2012 Page 4 • The proposed wireless facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will be in compliance with Federal law that govern health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). • The proposed monopole, in conjunction with the new live eucalyptus trees and site improvements, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance and site enhancements will maintain and increase the economic stability for this commercial corridor. • The use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. • The proposed monopole will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Industrial (IND) General Plan land use designation. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. A facility disguised as a eucalyptus tree monopole would provide the best stealth possible for this location. The facility is located within an industrial district and will be installed on the south side of the building, away from other industrial buildings. Within the corridor, there is a mixture of tree species. The eucalyptus tree design will easily blend into the area and will be designed to allow for future co- location by another provider. Of the various tree designs, the eucalyptus tree is a design that can stealth's the equipment needed by additional wireless providers. All associated wiring and conduit for the facility will be underground or hidden within the interior of the monopole. This location is also optimum to provide the coverage necessary for existing and expanding service. The proposed cellular antennas will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to AT &T by closing service gaps in the area. Equipment for the facility will be located within a new enclosure inside of the building, with vines planted on the existing fence to assist in screening the wireless facility. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to this area of the City. Further, the project is consistent with the goals and objectives of the General Plan, including Policy 2.2 of the Land Use Element, which encourages land uses that accommodate the City's needs for services. Public Notification The project site is not located within the boundaries of a Neighborhood Association. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. 41: CUP No. 2011 -25 January 23, 2012 Page 5 CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The project is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2012 -2 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2011 -25 as conditioned. Vince Fregoso AICP Principal Plan r VF:jm vfteportslCURCUP11 -25 AT&T.012312.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Plan Exhibit 4 — Elevations Exhibit 5 — Photo Simulation Exhibit 6 — Typical eucalyptus monopole photos 31 B -7 �C - •� - •� cnimr_ca HHH Rl RI R1 R1 RI Al Ge48?ALAGF4QKM RALj DAR RD. CR COMMMALMSDWAL Rl 9NGLEFAMlLYFE9DUaX -8 C9A FAWNGMODIRWON 00MMfft9lSOUTHMA)N OO GDVnF iWfCBJIER FV TAOFAMILYfESDUKE C1 OOf.1Ml1MOOMMUML M1 Ua f1N(jSfFm R7 MLUIFLEDFN9TYMULnPLE C1 -SSD CC61M.O MM9i7A71AlLC$MgSiRCF M2 MD MWIND.07N- MILRAWOP67ATIONS fAMILYf�308JCE C2 GENMSLCCfAMOCIAL O OPEN SAM R7 WD-M NAFARTMUOS C3 CelmkLftmtrm p FE f€.90W11A RE, TE C3-A CMTPAL 8i9NeZAFMSrvLIAGE F{D FFOFEMCNAL RANNEDOUMNILINTYDE46ARIENT SD 9107RCDEVIMIfNf U RANNFD&)OMNGCR9R FFO FLANN®fE9DWW MROFMEKT S. 9'1RCFLAN 05 ARTMALOCPAMMAL �P City of T u s t i n ��',>Y1 CUP 2011 -25 A ti�R.AT&T WIRELESS FACILITY IVY �seu�a.k, n 1301 EAST WARNER AVENUE _ =500FIET 1 "= 1000 FgT -P -L A N N I N G A N D D U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP L 1-i [i� CUP 2011 -25 ATT &T WIRELESS FACILITY ft 1301 EAST WARNER AVENUE P L A N N I N G A N D B U 1 L D( N G A G E N C Y LAND USE MAP EXHIBIT 2 31 B -11 J I IV T R I A L D w � Project AYWOOD AV. > Site, Q o N D S R I L Z WARNER AVENUE I 11 D U S T R I A L O F- Z Q H t7 CUP 2011 -25 ATT &T WIRELESS FACILITY ft 1301 EAST WARNER AVENUE P L A N N I N G A N D B U 1 L D( N G A G E N C Y LAND USE MAP EXHIBIT 2 31 B -11 LLkSw = I IN I 8 �y gill $ H 9 I �• c e ' i i r dcsss r .lasr.lo s 7nr) uxidoys j _ /y p - I 4-f � D x4 #: ' D � c3 W i m p A '•o-•1 m ,igCtB V � a�i IZ 3 O41Y' C H V uJs WE Via ° € E E EWE aft XP, y�QY Q. 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'.i.1/1._-I lVav CAY XG -11 i_dl�J 131NJi£ V])<1)2 1[I.[ 1)tcl V]l CI [M11T�St.�y 1.V]rl}� h.11 3i: Si(1 0! � ]L 51"i �,ylg]n 191.• aG3! ial C�'lG tilW1M;0Y 1xJ�5'!•y3] M172:•�v t"--� swo, 9 ✓N1!'n .UbYC 1)19i8-1!i1 0)J'.}lydiy !O'msoriA Cai.) 23 OL tov Y W'113*a)3 c - '1340.4 1FJ!v..>;o NLi'_LrM] vi �VYi4 ?J V4>lbK!1:1" IWO Ia wi A t� SV fi4 ?] nl� SIU1 '1IOi V_vYc{•!i }} 1 ;wjj3 : /tK]v.lyj} 31 B -14 § 2 ■! / � k \ ! | , ■; 7 %2 E£R | \E ) \§ � 4 � §| �k § | , §| fk K § +-, 11 1 I jSj � }& } K� |\ §� EXHIBIT © ©— w ;e,la 3 1Tr- T5 | | | |! | |§ ■ � ®h � ■ / kk 1-| � i 4 � §| �k § | , §| fk K § +-, 11 1 I jSj � }& } K� |\ §� EXHIBIT © ©— w ;e,la 3 1Tr- T5 | | � | � i «! �ES | � ) �■( � 4 � §| �k § | , §| fk K § +-, 11 1 I jSj � }& } K� |\ §� EXHIBIT © ©— w ;e,la 3 1Tr- T5 CAN tl 19 �If +io III M goi 'a z fro m a <„ M3 s OJd1 r x �J 0-g �3 �R 2 O Q - W cn Q la/ �034rJ5in S1rOC TN •ylll3.n 151Y, G•.Y A'_ +:Y�fi•]] 13r)�d r3i+�L'+] I[r,L IT'�;'.p] �1 I�YSb� a lr:ir awl 35n Ot !'.. y Tti 5:N -lln ECN� lSIY. 3`C4/ 7i3 `!. ✓.�Y.SW:�IGV vCS{ny]d Y311ar yo:e7 ST3U0$ lri wl:v J_eYi )14, 1`•I.rY Gin'n':O] ndlrn'v0iv y- r'Q -=3=' !O 'C7i0 -J5] •¢'Sn i9 O3 1CV 5' iYL ti11p:J Ol JiY17 %e�(•� A;ulmy]i�r N;�i ?lVp} cAYUL]] /fJL Gil 't rr,L AL;Y_'.�s07 13 yJ 3.]A �Y AI I y31±p] 3'it ='Y 6 Photo simulation of proposed eucalyptus monopole at 1301 East Warner Avenue, looking northeast EXHIBIT 5 31 B -17 MIN �µ + y � +1 J fi ,' 7� r aS •5� 4�., 3 ip ROH - 01/23/12 RESOLUTION NO. 2012 -01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011 -25 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY ON THE PROPERTY LOCATED AT 1301 EAST WARNER AVENUE 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. Conditional Use Permit No. 2011 -25 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 23, 2012. B. Conditional Use Permit No. 2011 -25 has been filed with the City of Santa Ana seeking to allow a 60 -foot high wireless facility disguised as a eucalyptus tree on the property located at 1301 East Warner Avenue. C. Pursuant to Santa Ana Municipal Code Section 41- 198.10, a Conditional Use Permit is required for major wireless communication facilities established in the City of Santa Ana. D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed 60 -foot tall eucalyptus- disguised cellular monopole will provide a service to Santa Ana residents, businesses and motorists who subscribe to AT &T's services by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the south central sector of Santa Ana. 2. 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? Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance Resolution No. 2012 -01 Page 1 of 6 31B -21 with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed facility, in conjunction with the new eucalyptus trees and required site improvements, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance and site upgrades will be the major solution to maintaining and increasing the economic stability for this commercial corridor. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility has been designed to comply with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code for a major wireless facility. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Industrial (IND) General Plan land use designation. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for services. E. 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 15303. This Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2012 -2 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Conditional Use Permit No. 2011 -25 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated January 23, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23rd day of January, 2012 by the following vote: Resolution No. 2012 -01 31 B-22 Page 2 of 6 AYES NOES: ABSENT: ABSTENTIONS Commissioners: Commissioners: Commissioners: Commissioners: APPROVED AS TO FORM: Joseph A. Straka, City Attorney By: Ryan O. Hodge Assistant City Attorney Acosta, Alderete, Yrarrazaval(6) None (0) Turner (1) None (0) Eric Alderete Chairman Gartner, Mill, Nalle, CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2012 -01 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 23 2012. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2012 -01 Page 3 of 6 Conditions for Approval for Conditional Use Permit No 2011-25 Conditional Use Permit No. 2011 -25 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 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. Planninq Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2011 -8). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed monopole shall be constructed as per approved plans and any existing landscaping shall be protected in place during the construction period for the 60 -foot tower facility. 4. The proposed monopole shall be constructed per the following specifications: a. The monopine should have 3.1 branches per foot for full density coverage with limited spacing between the branches; 70 percent of the branches should be eight feet or longer. b. Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. C. Branches should exceed all antennas by a minimum of 12 inches. d. Branches should start at 15 feet above the ground. e. There should be a minimum space of seven feet between the top of the antenna and the top of the branches. f. Branches should have a sweep similar to that of an actual Eucalyptus Tree. g. Branch foliage color should be an olive green with some other appropriate coloring to match an actual Eucalyptus Tree. A sample shall be submitted for approval prior to fabrication. Resolution No. 2012 -01 31 B-24 Page 4 of 6 h. Full bark cladding with a custom color should be submitted for approval prior to fabrication. i. All antennas shall be covered with "antenna socks" that match the approved foliage color. j. All "stand -off mounts" and support pipe mounts shall be concealed behind antennas and painted a darker shade or green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. k. Include the tree specifications (selected manufacturers and models) with photo simulations (also a site plan review requirement). I. Show the location of the GPS antenna on all elevations. M. Provide a "unistrut" detail for the utility cabinet; an "H- frame" is not acceptable. n. Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure ". Shrouds on the outside of the pole are not acceptable. o. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. 5. The permit applicant shall provide a 24 -hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 6. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 7. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 8. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 9. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the existing equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 10. Locate all proposed ladders on the interior of the building or inside the lease area within the building. Resolution No. 2012 -01 Page 5 of 6 31 B -25 11. The existing building shall be repainted. The applicant shall submit paint color samples for the repainting to the Planning Division. 12. Conditional Use Permit No. 2011 -25 expires 10 years from the date of City Council approval. Resolution No. 2012 -01 31 B-26 Page 6 of 6 Feb -22 -012 10:37 AM The Silverstein Law Firm 6264494205 :E SILVERSTEIN LAW FIRM A Professional Corporation 215 NORTH MAR15NCp AVlNL7k, 3ItD F[Apll PwsaDffivn, CwLIFORD7fA 9 1 10 1 -1 504 Pllolve, (G2W 449.4zoo ):'AXr (6Z6) 449�F205 FACSIMILE TRANSMITTAL SHEET DA E: February 22, 2012 NUMBER OF' PAGES: 2 FR M: Robert P. Silverstein CLIENT /11TATTER 57015 -001 No. NA E FAX No. PfIOIVE No. S to Ana City Clerlc (714) 647 -6956 De nis 'W. Daley, Esq. (858) 755 -7870 7os Sandoval, Esq. (714) 647 -6515 ME�.S'ACrE: Plc�lse see attached. 1 1/2 IMPORTANT :THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICri IT IS ADDRESSED, AND MAY CONTAIN 1 FORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW_ IF THE READER OF THIS ESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO TI-fE INTENDED ECIPIENT, YOU ARE HERESY NOTIFIED THAT READING, DISSEMINATING, DISTRI6UTING OR COPYING THIS COMMUNICATION IS STRiC Y PROHIBITED_ IF YOU HAVE RECENED THIS COMMUNICATION IN ERROR. PLEASE IMMEDIATELY NOTIFY THE SENDER BY TELEPHON .WHO WILL ARRANGE TO RETRIEVE R AT NO COST 70 YOU_ THANK YOU_ �r vry � nn iunT ocrcwc e� � onr_ac n0 TQeNC \AICCInN ro wnT n� Leo o� tact cei � Tc� coranw�c w i \�oco /F9�.\ dd0_A9nn i \A \ACn�eTC� v i Feb -22 -,2012 10:36 AM The Silverstein Lnwr Firm 6264494205 I THE SILVERSTEIN LAW FIRM zx5 NOIiTI.1 MAAENOO AVCNL76� SAD �.oOA � x'A$ADHNA. CALtFORNW 91101 -15 D4 !A Prof�ssiori.al Corporation r�oNkS. (626) aa94zoo FAx. (bz6) 449rFZOs RosAar@RoadA�cSnvbAS��1N%.Aw -m M www -Ron nAZSnvgRSrA¢�I.�w. c o nt ffebruary 22, 2012 11A FAGS E 858 755 -787 VIA FACSIIVIIL,E (7141 647 -6515 D U.S. iy1An AND U.S. A�IATi. �ennis W. Daley, 1=sq. Joses Sandoval, Esq. aley 8c I�eft, LLP Managing Senior Assistant City Attorney �62 Stevens Avenue, Suite 201 City of Santa Ana City Attorney's Office �olana ]3each, CA 92075 20 Civic Center Plaza P.O. Box 1988 j Santa Ana, CA 92702 FACSIMILE 714 47 -6956 i ND U.S. �KAii" Santa Ana City Clerk Ghity of Santa Ana �O Civic Center Plaza, 8"' Floor $onto Ana, CA 92702 Re: Resolution SSA: EIIZ for San Lorenzo Sewer Lift Station and Conceptual Anvroval of San Lorenzo Sewer Lift Station Project i 17ear City Clerk and Counsel: jj In addition to any notices being sent to Santa Ana California Lodge, please ensure at this office is also given timely, written advanced notice of any Resolution of ecessity hearing related to the San Lorenzo Sewer Lift Station project, and related to y other activities or hearings concerning that matter. Thank you. Very truly yours, � l� ROBERT P. SILVERSTEIN FOR TI-� SII.VERSTEIN LAW FIRM S:ek . Client (via email) 2/2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: RESOLUTION CERTIFYING EIR FOR SAN LORENZO SEWER LIFT STATION AND CONCEPTUAL APPROVAL OF SAN LORENZO SEWER LIFT STATION PROJECT CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution: CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER (a) Certifying that the Final Environmental Impact Report (EIR) NO 2012 -001 for the San Lorenzo Sewer Lift Station (Exhibit 1) (a) has been completed in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 of seq.); (b) was presented to the City Council of the City of Santa Ana, which reviewed and considered the information contained in the Final EIR prior to approving the project; and (c) reflects the City of Santa Ana's independent judgment and analysis. (b) Adopting the Findings of Fact and Statement of Overriding Considerations, attached to the Resolution as "Exhibit A." (c) Adopting the Mitigation Monitoring and Reporting Program, attached to the Resolution as "Exhibit B." 2. Conceptually approve the proposed San Lorenzo Sewer Lift Station as described in the Final EIR. DISCUSSION The City has prepared an Environmental Impact Report (EIR) to evaluate the potential environmental impacts associated with construction and operation of a new sewer lift station at the end of San Lorenzo Avenue, just east of Bristol Street (Exhibit 2). The new sewer lift station would replace an out -of -date facility located beneath Bristol Street approximately 700 feet to the west of the proposed site. The new station will include mechanical and electrical equipment, an updated operating system, and additional pumps, which will greatly reduce the possibility of a major sewage spill. In December 2008, the City prepared a CEQA Initial Study and Mitigated Negative Declaration (MND) for the proposed project. The MND was approved by the City Council on February 2, 2009. 55A -1 Resolution Certifying EIR for San Lorenzo Sewer Lift Station and Approval of Sewer Lift Station Project February 21, 2012 Page 2 Subsequently, the MND was challenged in California Superior Court by an adjacent property owner: Santa Ana California Lodge, LLC. As a result, the court instructed the City to vacate its approval of the MND and prepare a project EIR. The Draft EIR was developed and circulated for public review and comment from July 14, 2010 through September 10, 2010 (58 days). Based on a review of comments provided on this Draft EIR and a prior version of the Final EIR, which was never certified, the City opted to expand the EIR's analysis of alternative locations for the proposed project and incorporate other minor revisions into the Draft EIR. The City also decided to recirculate the Draft EIR. Accordingly, in compliance with CEQA Guidelines, the City prepared a recirculated Draft EIR (RDEIR), which was made available for public review for a 47- day period from September 14 through October 31, 2011. The City has prepared a Final EIR which includes all comments and recommendations received on the RDEIR, and written responses to those comments. Staff recommends that the City Council adopt the resolution certifying the Final Environmental Impact Report for the San Lorenzo Sewer Lift Station, and approve the project as described in the Final EIR. In order to construct the new lift station as described in the Final EIR, the City will need to acquire approximately 292 square feet of unused land owned by the Santa Ana California Lodge, LLC. In addition, a temporary construction easement of 465 square feet would also be required. Assuming the Council approves this resolution certifying the EIR, the City will then make a good faith offer to acquire the needed property for its project. In the event a voluntary acquisition is not possible, staff will bring forth a Resolution of Necessity for the Council's consideration. Attached as Exhibit 3 is the executive summary of the EIR, which explains the revisions made between the originally circulated Draft EIR and the RDEIR. Copies of the Final EIR are available for public review at the City Clerk's office and at the Public Works counter on the first floor of the Ross Annex. This item was originally scheduled for the January 17, 2012 council meeting, On the morning of January 17, the City received a letter from the Silverstein Law Firm citing additional objections to the EIR. Attached as Exhibit 4 is the City's response to the Silverstein letter. ENVIRONMENTAL IMPACT The Final Environmental Impact Report has been prepared in accordance with CEQA. Virtually all of the significant environmental impacts associated with this project are temporary impacts that occur due to construction activities and can be mitigated to below the level of significance. The one significant long -term impact identified was the possibility of odors emanating from the lift station and impacting sensitive receptors. However, this potential impact is reduced to "less than significant" by incorporating an odor - control system into the lift station design. The EIR identified only one significant impact that could not be mitigated below the level of significance: traffic disruption due to lane closures on Segerstrom Avenue and Bristol Street. This impact is a near -term impact and would occur only during five weeks of the construction schedule 55A -2 Resolution Certifying EIR For San Lorenzo Sewer Lift Station and Approval of Sewer Lift Station Project February 21, 2012 Page 3 The EIR evaluated 21 alternatives to the proposed project, including 19 alternative site locations. As set forth in detail in the EIR, none of these alternatives or alternative sites are environmentally superior to the proposed project, and many would increase total environmental impacts as compared to the proposed project. As required by CEQA, the City has prepared specific findings on each significant impact of the proposed project, the mitigation measures for those impacts, and each alternative considered in the Final EIR, and a statement of overriding considerations explaining the specific reasons that the project's economic, legal, social, technological, or other benefits outweigh its adverse environmental impact (Exhibit A to Exhibit 1). The City has also prepared a mitigation monitoring and reporting Program to ensure implementation of all mitigation measures identified in the EIR (Exhibit B to Exhibit 1). FISCAL IMPACT There is no fiscal impact associated with this action. Raul Godinez IV Executive Director Public Works Agency RG /SW Exhibits: 1. Resolution Exhibit A — Findings of Fact and Statement of Overriding Considerations Exhibit B — Mitigation Monitoring and Reporting Program 2. Location Map 3. EIR Executive Summary 4. Response to letter from Silverstein Law Group, dated January 13, 2012. 55A -3 55A -4 RESOLUTION NO. 2012 -001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE SAN LORENZO SEWER LIFT STATION PROJECT, ADOPTING CERTAIN FACTS, FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM 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. In compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.) and Title XIV, California Code of Regulations, Section 15000 et. seq. (CEQA Guidelines), the City of Santa Ana has prepared an Environmental Impact Report (EIR) to analyze the environmental impacts of the San Lorenzo Sewer Lift Station Project (Project No. 06- 3510), which would upgrade and replace an existing sewer lift station located generally near the intersection of South Bristol Street and West Segerstrom Avenue. B. In compliance with CEQA and CEQA Guidelines Sections 15063 and 15082, the City prepared an Initial Study and Notice of Preparation (NOP) of a Draft Environmental Impact Report (EIR), which was distributed to the Office of Planning and Research, all responsible and trustee agencies and other interested parties on April 12, 2010. C. In compliance with CEQA and CEQA Guidelines Sections 15087, the City provided public notice of the availability of the Draft EIR and sent a notice of completion to the Office of Planning and Research on July 14, 2010, which began a 44 -day review period, ending on August 27, 2010. On August 30, 2010, the City extended the review period for an additional 14 days, until September 10, 2010, for a total review period of 58 days. D. In compliance with CEQA and CEQA Guidelines Section 15088.5, following the City's review of public comment letters received on the Draft EIR and previously prepared (but never certified) Final EIR, the City determined a need to incorporate substantive revisions to the Draft EIR, thereby necessitating a re- circulation of the Draft EIR for public review. Accordingly, the City prepared a Recirculated Draft EIR ( RDEIR) and sent a notice of completion to the Office of Planning and Research on September 14, 2011 and provided notice of the availability of the RDEIR as required by CEQA Guidelines Section 15087, which began a 47 -day public review period for the RDEIR that concluded on October 31, 2011. 55A -5 E. The City prepared a Final EIR, which includes all comments and recommendations received on the RDEIR, a list of persons, organizations, and public agencies commenting on the RDEIR, the City's written responses to significant environmental points raised in the review and consultation process, and the RDEIR and associated technical appendices. F. The City provided written responses to all agencies and members of the public commenting on the Draft EIR at least ten (10) days prior to certification of the EIR. G. The City Council of the City of Santa Ana fully considered this matter, and all public testimony, written and oral, at its regularly scheduled meeting of February 21, 2012 H. The City has prepared Findings of Fact in compliance with Public Resources Code Sections 21081 and 21081.5 and CEQA Guidelines Section 15091 for every significant impact of the San Lorenzo Sewer Lift Station Project, including an explanation of the rationale for each finding. I. The San Lorenzo Sewer Lift Station Project will have one significant transportation/traffic impact that cannot be mitigated to below the level of significance. J. The City has prepared a Statement of Overriding Considerations in compliance with Public Resources Code Sections 21081 and CEQA Guidelines Section 15093, which finds that specific economic, legal, social, technological or other benefits of the San Lorenzo Sewer Lift Station Project outweigh the significant and unavoidable impact identified in the EIR. K. The City has prepared a Mitigation, Monitoring and Reporting Program (MMRP) in compliance with Public Resources Code Sections 21081.6 and CEQA Guidelines Section 15087 to ensure compliance with the mitigation measures identified in the EIR during project construction, implementation and operation. L. All attached documents, including the Final EIR, the MMRP, the findings and statement of overriding considerations, the Request for Council Action dated February 21, 2012, and the record of proceedings are incorporated herein by this reference as though fully set forth. Section 2. The City Council of the City of Santa Ana further finds, determines, and declares as follows: A. The City Council certifies that: 1) The Final EIR has been completed in compliance with CEQA. 2) The Final EIR was presented to the City Council of the City of Santa Ana, which reviewed and considered the information contained in the Final EIR prior to approving the project. 3) The Final EIR reflects the City of Santa Ana's independent judgment and analysis. B. The City Council adopts the Findings of Fact and Statement of Overriding Considerations, attached to this Resolution as "Exhibit A." C. The City Council adopts the Mitigation Monitoring and Reporting Program, attached to this Resolution as "Exhibit B." D. All attached documents, including the Mitigation Monitoring and Reporting Program, the CEQA Findings of Fact and the Statement of Overriding Considerations, are hereby incorporated by reference as though set forth in full. Section 3. 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 San Lorenzo Sewer Lift Station 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 §711.4(c)(2) and Title XIV, CCR §753.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. 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 21_day of February, 2012. 55A -7 Miguel A. Pulido Mayor APPROVED AS TO FORM: City Attorney i AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012 -001 to be the original resolution adopted by the City Council of the City of Santa Ana on February 21, 2012. Date: Clerk of the Council City of Santa Ana e61 ATTACHMENT "A" SAN LORENZO LIFT STATION PROJECT (SCH No. 2010041028) CE6?A Findings of Fact/ Statement of Overriding Considerations Prepared for: The City of Santa Ana Public Works Agency Water Resources Division 200 S. Daisy Avenue Corporate Yard, MS 85 Santa Ana, CA 92703 Prepared by. T &B Planning, Inc. 17542 East 17th Street, Suite 100 Tustin, CA 92780 February 21, 2012 Contents Attachment "A" Contents Section Egge, Chapter 1 - Introduction .......................................................... ............................... 1 -1 Chapter 2 - CEQA Findings ....................................................... ............................... 2 -1 2.1 Introduction ................................................................ ............................... 2 -1 2.2 Findings Regarding Environmental Impacts .................. ............................2 -2 Chapter 3 - Findings Regarding Project Alternatives ................ ............................... 3 -1 3.1 Introduction ................................................................ ............................... 3 -1 3.2 Project Objectives ...................................................... ............................... 3 -1 3.3 Selection of Alternatives ................................................ ............................3 -1 3.4 Project Alternative Findings ........................................ ............................... 3 -3 3.4.1 No Project Alternative ...................................... ............................... 3 -3 3.4.2 Modified Construction Configuration C.2 Alternative ..................... 3 -5 3.4.3 Alternative Site Location No. 1 (Alternative Site No. 1) .................... 3 -6 3.4.4 Alternative Site Location No. 2 (Alternative Site No. 2) .................... 3 -8 3.4.5 Alternative Site Location No. 3 (Alternative Site No. 3) .................. 3 -10 3.4.6 Alternative Site Location No. 4 (Alternative Site No. 4) .................. 3 -12 3.4.7 Alternative Site Location No. 5 (Alternative Site No. 5) .................. 3 -13 3.4.8 Alternative Site Location No. 6 (Alternative Site No. 6) .................. 3 -15 3.4.9 Alternative Site Location No. 7 (Alternative Site No. 7) .................. 3 -16 3.4.10 Alternative Site Location No. 8 (Alternative Site No. 8) .................. 3 -18 3.4.1 1 Alternative Site Location No. 9 (Alternative Site No. 9) .................. 3 -20 3.4.12 Alternative Site Location No. 10 (Alternative Site No. 10) .............. 3 -22 3.4.13 Alternative Site Location No. 11 (Alternative Site No. 1 1) .............. 3 -24 3.4.14 Alternative Site Location No. 12 (Alternative Site No. 12) .............. 3 -27 3.4.15 Alternative Site Location No. 13 (Alternative Site No. 13) .............. 3 -29 3.4.16 Alternative Site Location No. 14 (Alternative Site No. 14) .............. 3 -31 San Lorenzo Lift Station EIR (Project No. 06 -3510) i CEQA Findings of Fact/Statement of Overriding Considerations 55A -10 Contents Attachment "A" 3.4.17 Alternative Site Location No. 15 (Alternative Site No. 15) .............. 3 -33 3.4.18 Alternative Site Location No. 16 (Alternative Site No. 16) .............. 3 -35 3.4.19 Alternative Site Location No. 17 (Alternative Site No. 17) .............. 3 -36 3.4.20 Alternative Site Location No. 18 (Alternative Site No. 18) .............. 3 -39 3.4.21 Alternative Site Location No. 19 (Alternative Site No. 19) .............. 3 -41 3.4.22 Findings on Alternatives that were Considered but Eliminated from Detailed Analysis in the Draft EIR ........... ............................... 3 -43 3.4.23 Additional Findings ............................................ ...........................3 -45 Chapter 4 - Statement of Overriding Considerations ............. ............................... 4 -47 4.1 Introduction .............................................................. ............................... 4 -47 4.2 Unavoidable Significant Adverse Impacts .................... ...........................4 -47 4.3 Overriding Considerations ............................................ ...........................4 -48 4.3.1 Project Benefits .............................................. ............................... 4 -48 San Lorenzo Lift Station EIR (Project No. 06 -3510) CEQA Findings of Fact/Statement of Overriding Considerations 55A -11 Chapter 1 Introductlon Attachment "A" Chapter 1 - Introduction The City of Santa Ana (City) adopts the following Findings of Fact in connection with the San Lorenzo Lift Station Project (Project). Such Findings must be adopted by the City pursuant to the requirements of Section 21081 of the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.) and Section 15091 of the State CEQA Guidelines (CEQA Guidelines) (14 Cal. Code Regs. §15000 et seq.) prior to approval of a project for which an Environmental Impact Report (EIR) has been certified which identifies one or more significant environmental effects. The City also adopts the Statement of Overriding presented in Chapter 4 of this document, which provides the specific reasons that the Project's economic, legal, social, technological, or other benefits outweigh its adverse environmental impacts. This document is organized as follows: Chapter 1 Introduction to CEQA Findings of Fact and Statement of Overriding Considerations. Chapter 2 CEQA Findings of Fact regarding the significant environmental impacts of the Project and the mitigation measures for those impacts identified in the Environmental Impact Report (EIR) prepared for the Project and adopted as conditions of approval. Chapter 3 Findings regarding the alternatives to the Proposed Project evaluated in the EIR and the reasons that such alternatives were rejected or accepted. Chapter 4 Statement of Overriding Considerations explaining the specific reasons that the Project's economic, legal, social, technological, or other benefits outweigh its adverse environmental impact. Brief Project Description The Project area is located at the western terminus of San Lorenzo Avenue, immediately north of West Segerstrom Avenue and south of an existing alley. The Project would replace the existing Segerstrom Lift Station, which is located beneath South Bristol Street approximately 700 feet to the west of the new lift station site. The Project will consist of a newly constructed lift station that will be housed within an approximately 8 -foot by 30 -foot block structure, measuring approximately 17 feet in height. The following facilities will be installed within or beneath the block structure: electrical panels and control center; a below - ground wet well of sufficient size and depth to prevent back up and surcharging of the upstream sewer mains; a below - ground dry well to house the pumps, motors, associated equipment and appurtenances; a gravity odor control system; and a stairway access into the dry well. Landscaping and hardscape improvements are included as part of the new lift station. The Project includes the repaving of a portion of the western end of San Lorenzo Avenue, portions of an existing San Lorenzo Lift Station EIR (Project No. 06 -3510) 1 -1 CEQA Findings of Fact/Statement of Overriding Considerations 55A -12 Chapter 1 Introduction Attachment "A" alley, and a portion of West Segerstrom Avenue, along with the installation of new sidewalks in areas where existing sidewalks have fallen into a state of disrepair and /or will be demolished during lift station construction. Some existing landscaping along West Segerstrom Avenue will remain. The Project also includes the installation and operation of approximately 1,300 linear feet of new underground sewer infrastructure, including approximately 560 linear feet of 15 -inch gravity sewer pipe; approximately 190 linear feet of 12 -inch gravity sewer pipe; approximately 545 linear feet of 10 -inch force main; and sewer manholes and appurtenances. Construction of these new facilities will occur beneath the paved rights -of -ways of South Bristol Street and West Segerstrom Avenue. The new infrastructure will be needed to connect several existing sewer mains to the Project. After construction of the Project is complete and the new subsurface sewer pipes and manholes are installed, the new lift station will move effluent through the station and into gravity sewer lines, which will convey the sewerage to the Orange County Sanitation District's (OCSD) Reclamation Plant No. 1, located in the City of Fountain Valley adjacent to the Santa Ana River. Effluent will continuously flow through the Project and will not be stagnant. The Project will replace the Segerstrom Lift Station and will not increase the capacity of the City's existing sewer system. The Project will be constructed with odor control devices and the City will regularly monitor the facility to ensure it is functioning properly. After the Project has been constructed and is in operation, demolition of the existing Segerstrom Lift Station will occur. Demolition activities will involve abandonment in place of the existing lift station, including the removal and disposal of all lift station equipment and filling of the existing wet well manhole with sand. An existing generator, located southerly of the existing lift station, will remain in place and will serve as a back -up power source for the proposed Project. Some removal and replacement of existing sidewalk and roadway pavement will occur in association with proposed demolition activities. Demolition of the existing Segerstrom Lift Station will occur in conformance with all applicable federal, state, and local regulations and standards. All roadway segments disturbed by Project construction will be resurfaced. CEQA Compliance As described in Section 1.3.1 of the EIR, the City originally prepared and processed a Mitigated Negative Declaration (MND) for the proposed Project in December 2008. The MND was adopted by the City Council on February 2, 2009. However, the MND was challenged in California Superior Court by an adjacent property owner, and the Court ordered the lead agency to vacate its approval of the MND and required preparation of a project EIR. The City published a Draft EIR for the Project and circulated it for public review between July 14, 2010 and September 10, 2010. Following the City's review of comment letters received in response to the Draft EIR and a previously prepared (but never certified) Final EIR, the City determined a need to incorporate substantive revisions to the Draft EIR, thereby necessitating a re- circulation of the Draft EIR for an additional public review period. Accordingly, the City prepared a Recirculated Draft EIR (RDEIR) and sent a notice of completion to the Office of Planning and Research on September 14, 2011 and provided notice of the availability of the RDEIR as required by CEQA Guidelines Section 15087, which began a 47 -day public review period for the RDEIR that concluded on October 31, 2011. The key procedural actions related to the proposed Project and CEQA to date include: San Lorenzo Lift Station FIR (Project No. 06 -3510) 1 -2 CEQA Findings of Fact /Statement of Overriding Considerations 55A -13 Chapter 1 Introduction Attachment 'A' • Circulate Initial Study/Notice of Preparation of a Draft EIR: April 12, 2010 through May 12, 2010 (30 days); • Provide Notice of Availability of the Draft EIR, file Notice of Completion (NOC) with the Office of Planning and Research and circulate Draft EIR for Public Review: July 14, 2010 through September 10, 2010 (58 days); • Provide Notice of Availability of the RDEIR, file NOC with the Office of Planning and Research and re- circulate the RDEIR for Public Review: September 14, 2011 through October 31, 2011 (47 days); and • Prepare Final EIR, including all comments and recommendations received on the RDEIR, a list of persons, organizations, and public agencies commenting on the RDEIR, the City's written responses to significant environmental points raised in the review and consultation process, and the RDEIR. San Lorenzo Lift Station EIR (Project No. 06 -3510) 1 -3 CEQA Findings of Fact /Statement of Overriding Considerations 55A -14 Chapter 2 CEQA Findings Attachment 'A" Chapter 2 - CEQA Findings 2.1 Introduction This chapter presents the impacts that were identified in the EIR and the findings that are required in accordance with Section 15091 of the CEQA Guidelines. The possible findings for each significant adverse impact are as follows: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR ( "Finding 1 ") 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency ( "Finding 2 "). 3. Specific economic, social, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives in the EIR ( "Finding 3 "). CEQA requires that the Lead Agency adopt mitigation measures or alternatives, where feasible, to avoid or substantially reduce significant environmental impacts that would otherwise occur as a result of a project. Project modifications or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with some other agency (State CEQA Guidelines §15091(a)[21,[3]). Public Resources Code Section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors." State CEQA Guidelines Section 15364 adds another factor: "legal" considerations. (See also Citizens of Goleta Valley v. Board of Supervisors [Goleta II] [1990] 52 Cal.3d 553,565 [276 Cal. Rptr. 410].) When an agency approves a project with significant environmental effects that will not be avoided or substantially lessened, it must adopt a statement that, because of the project's overriding benefits, it is approving the project despite its environmental harm. (CEQA Guidelines §15043). This written statement is known as the Statement of Overriding Considerations. The Statement of Overriding Considerations demonstrates that the decision making body of the Lead Agency has weighed the benefits of the project against its unavoidable adverse effects in determining whether to approve the project. If the specific economic, legal, social, technological or other benefits of the project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (CEQA Guidelines § 15093.) The California Supreme Court has stated that, "the wisdom of approving any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced" (Goleta H, 52 Cal.3d 553, 576 [276 Cal. Rptr. 401]). San Lorenzo Lift Station EIR (Project No. 06 -3510) 2-1 Findings of Fact /Statement of Overriding Considerations 55A -15 Chapter 2 CEQA Findings Attachment "A" 2.2 Findings Regarding Environmental Impacts Table 2 -1, CEQA Findings, summarizes the environmental impacts of the Project which either have no impact or are less than significant, the significant impacts of the Project that will be reduced to less - than - significant levels with mitigation, and the significant and unavoidable impact. The City hereby finds that Project impacts associated with the issue areas of Hazards/Hazardous Materials, Utilities /Service Systems, and Water Quality /Hydrology either have no impact or are less than significant. This finding is based on the explanation and analysis included in RDEIR Chapters 3.2, 3.5 and 3.6, respectively, which the City ratifies, adopts and incorporates in these findings. The City hereby finds that mitigation measures have been identified in the RDEIR that will avoid or substantially lessen Project impacts associated with the issue areas of Air Quality, Noise, and Transportation and Traffic to a less than significant level. This finding is based on the explanation and analysis included in RDEIR Chapters 3.1, 3.3 and 3.4, respectively, which the City ratifies, adopts and incorporates in these findings. The City hereby finds that mitigation measures have been identified in the RDEIR that will lessen Project impacts associated with the issue areas of Transportation and Traffic, specifically the impact to intersection operations during implementation of Construction Configuration C.2 under Transportation /Traffic Threshold 1, but not to a less than significant level. This finding is based on the explanation and analysis included in RDEIR Chapter 3.4, which the City ratifies, adopts and incorporates in these findings. In addition, the City hereby finds that impacts to the following issue areas would not occur as a result of the Proposed Project: Aesthetics; Agricultural Resources; Biological Resources; Cultural Resources; Geology /Soils; Land Use /Planning; Mineral Resources; Population /Housing; Public Services; Recreation; and Utilities /Service Systems (except for wastewater). This finding is based on the explanation and analysis included in Initial Study prepared for the Project, which the City ratifies, adopts and incorporates in these findings. Additional facts that support the findings are set forth in the Final EIR, the staff report to the City Council, and the record of proceedings for the Project. Key discussions that support the Findings from the Final EIR are summarized in the "Evidence /Rationale Supporting Finding" column of Table 2 -1. However, other evidence may be contained in the overall record of the project to further support the finding. In making these findings, the City ratifies, adopts and incorporates the analysis and explanation in the Final EIR, and ratifies, adopts and incorporates in these findings the determinations and conclusions of the Final EIR relating to the environmental impacts and mitigation measures, except to the extent any such determinations or conclusions are specifically and expressly modified by these findings. The documents and other materials that constitute the record of proceedings on which the Project findings are based are located at the City of Santa Ana Public Works Agency, 200 South Daisy Avenue, Corporate Yard, MS 85, Santa Ana, California, 92703. The custodian for these documents is Steve Worrall, Senior Civil Engineer. This information is provided in compliance with Public Resources Code §21081.6(a)(2) and CEQA Guidelines §15091(e). San Lorenzo Lift Station EIR (Project No. 06 -3510) 2 -2 Findings of Fact /Statement of Overriding Considerations 55A -16 e Q m t Q U N 55A -17 O In M O z U a� 'o a W 0 .y N c O 0 3•. U 'O O U an c 'O 0 0 c N U w 0 on c 'D fi. Q a W U N o O U •Z7 N cC 'O ti b ro .�-. F c3 F U O U -O 'O ro gl +4 E cC F �.. F U N is � U �'' a' vUi b Y .a o o U 'm E E s' aCi O E 'a 'o � N � U on U • a� on ^ � � . 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LM,Mfqe� Itt N N 0 'C O O U O j zo U 4•+ ��I G ca W� y O U ca o N � c S `o w �l d cn U Q U Q a U N �1�JMl"J kn N N 0 M O O z U N O a` W 0 N O td Cd U ° U cd ca R. y (n L •—� y GJ Y CY Q, y N ice. •� N N V CT •- to° N Y w � C� d❑ Y 1 q C"i s 10 U8 'n � � > -o c -o Y 'o Y = > -o = 'b Y 'd y � > -o c '•o .w ,� G '> .o = w •a -C o '> -o = � .o -o c > -o = � .D .?o F- � ° � � � a� ."� F- � U � � h 0 .°p F- �a a� �c � � U •— ccz C C) s. N L 0.0 r-+ r-+ O GA bfJ 'C b ti cp CQ U = U L L CC CQ 6' d 1 U y U Y N LL C 4 G' bA m ca s C, a a s I Ca a o a o 0 0 0 N a� O bq W U O bA a a� O= O .'O.. � o Ca� W w� � °oN °Yoca w °a _° °p���> 0. °30 '�� Y�U. H ,O N a ' 3 '� = F N 'v c° U Z iC yU„ °c a ca x a E °' ." x Fes- c i Fes- �1�JMl"J kn N N 0 M O O z U N O a` W 0 N O Chapter 3 Findings Regarding Project Alternathas Attachment "A" Chapter 3 - Findings Regarding Project Alternatives 3.1 Introduction The RDEIR prepared for the Project considered numerous alternatives to the Project and ultimately analyzed twenty -one (21) of these alternatives in detail. This chapter describes the Project's objectives and design criteria used to develop and evaluate the project alternatives presented in the RDEIR. A description of the alternatives compared to the Project and the findings regarding the feasibility of adopting the described alternatives are presented below. 3.2 Project Objectives The project objectives of the proposed San Lorenzo Sewer Lift Station Project are as follows: • To construct a new sewage lift station (the San Lorenzo Lift Station) near the intersection of South Bristol Street and West Segerstrom Avenue to replace an existing lift station that has exceeded its design life (the Segerstrom Lift Station). • To install modern lift station equipment and associated wastewater conveyance infrastructure to reduce the potential of a sewer spill or equipment failure. • To provide a lift station facility in which electrical components of the facility are housed above ground so as to preclude the potential for electrical failure during peak storm events (due to flooding). • To construct a lift station facility that provides sufficient access space for maintenance of the lift station facility. • To avoid detrimental effects to existing businesses during construction and long -term operation of the lift station facility to the extent feasible. • To improve safety for both motorists and City workers by providing for an above - ground lift station facility located outside of existing roadway rights -of -way. • To minimize odor - related nuisances to land uses in close proximity to the new sewage lift station through the installation of a gravity odor control system. • To install landscape and hardscape improvements in areas that will be disturbed by lift station construction. • To safely demolish and abandon the existing Segerstrom Lift Station in accordance with applicable federal, state, and local regulations and standards. 3.3 Selection of Alternatives The RDEIR evaluated twenty -one (21) alternatives, including the No Project Alternative, in Chapter 5.0. This evaluation compared the environmental advantages and disadvantages of each alternative to the Proposed Project. The No Project Alternative, as required by CEQA, considers a scenario in San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -1 CEQA Findings of Fact/Statement of Overriding Considerations 1 Chapter 3 findings Regarding ProjectAltemathas Attachment "A" which no new lift station facility would be constructed and the existing lift station north of the South Bristol Street/West Segerstrom Avenue intersection would continue operating as it does under existing conditions. The Modified Construction Configuration C.2 Alternative addressed an alternative to the Proposed Project that would reduce or eliminate the Project's significant and unavoidable impact to the intersection of South Bristol Street /West Segerstrom Avenue by modifying the construction schedule for portions of construction Phases 11, 14 and 16. In addition, the RDEIR evaluated a total of nineteen (19) alternative site locations, as follows (refer also to Figure 5 -1 of the Final EIR): • Alternative Site No. 1 would be sited at the western end of San Lorenzo Avenue, but would occur fully within existing public rights -of -way (including temporary construction and staging areas). • Alternative Site No. 2 would be sited within an existing City park located at the northeast corner of the West Segerstrom /South Shelton Street intersection. • Alternative Site No. 3 would be sited in the parking lot of an existing medical office and retail center (2835 South Bristol Street). • Alternative Site No. 4 would be sited within an undeveloped parcel located behind 2402 South Bristol Street. • Alternative Site No. 5 would be sited in the parking lot of an existing commercial complex (approximately 3001 -3005 South Bristol Street). • Alternative Site No. 6 would be sited in the parking lot of an existing commercial center (approximately 2840 South Bristol Street). • Alternative Site No. 7 would be sited would be sited in the parking lot of an existing commercial center (approximately 2840 South Bristol Street). • Alternative Site No. 8 would be sited in the parking lot behind an existing medical office building (2810 South Bristol Street). • Alternative Site No. 9 would be sited in the parking lot behind an existing medical complex (2720 -2740 South Bristol Street). • Alternative Site No. 10 would be sited in the parking lot behind an existing medical building (2700 South Bristol Street). • Alternative Site No. 11 would be sited in the parking lot behind an existing medical building (2650 South Bristol Street). • Alternative Site No. 12 would be sited in the parking lot of an existing hospital (2701 South Bristol Avenue). • Alternative Site No. 13 would be located in the parking lot in front of an existing commercial building (2449 South Bristol Street). • Alternative Site No. 14 would be located in the parking lot of an existing commercial complex (located at the southeast corner of the intersection of South Bristol Street and West Warner Avenue). San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -2 CEQA Findings of Fact /Statement of Overriding Considerations 55A -41 Chapter 3 Findings Regarding Project Altemativw Attachment "A" • Alternative Site No. 15 would be located in the parking lot of an existing commercial complex (located at the southeast corner of the intersection of South Bristol Street and West Warner Avenue). • Alternative Site No. 16 would be located within Carl Thornton Park (1801 West Segerstrom Avenue). • Alternative Site No. 17 would be located in the parking lot of an existing commercial complex (approximately 3200 South Bristol Street). • Alternative Site No. 18 would be located in the parking lot of an existing commercial center (approximately 3300 South Bristol Street). • Alternative No. 19 would be located in the parking lot of an existing commercial center (approximately 3301 -3365 South Bristol Street. These alternatives were selected to foster meaningful public participation and informed decision - making. Among the factors that were taken into account when considering the potential feasibility of alternatives (as described in CEQA Guidelines Section 15126.6[f][l]) were site suitability, environmental impacts, economic viability, availability of infrastructure, regulatory limitations, jurisdictional boundaries, and attainment of the Project's objectives. As stated in Section 15126.6(1)(3) of the CEQA Guidelines, an EIR need not consider an alternative whose effects could not be reasonably ascertained or whose implementation is remote and speculative. Additionally, an EIR need not consider an alternative that would not achieve most of the basic project objectives or that is infeasible. (CEQA Guidelines Section 15126.6[a].) An EIR also need not consider every conceivable alternative to a project; the range of alternatives is governed by the rule of reason. (Id.) The analysis in the EIR includes sufficient information about each alternative to provide meaningful evaluation, analysis, and comparison with the Proposed Project. 3.4 Project Alternative Findings The Lead Agency's findings on each alternative and the rationale behind each finding are set forth below. 3.4.1 No Project Alternative 3.4.1.1 Summary of the No Proiect Alternative The No Project Alternative is included in the EIR Alternatives analysis (Section 5.4.1) as required pursuant to CEQA Guidelines Section 15126.6(e). The CEQA Guidelines require evaluation of an alternative that considers what would reasonably be expected to occur on the property in the foreseeable fixture if the Project were not approved, based on current plans and consistent with available infrastructure and community services. The No Project Alternative therefore assumes that the Proposed Project is not approved and the existing Segerstrom Lift Station facility located beneath South Bristol Street would continue operating into the foreseeable future. Construction of a new lift station facility, new underground sewer infrastructure, and sewer manholes and appurtenances associated with a new lift station would not occur under this alternative. The existing lift station facility beneath South Bristol Street would not be demolished under this alternative and would continue operating. No landscape or hardscape improvements would occur under this alternative. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -3 CEQA Findings of Fact/Statement of Overriding Considerations 55A -42 Chapter 3 Findings Regarding Project Altemathres Attachment "A" 3.4.1.2 Comparison of Environmental Effects The impacts of this alternative were evaluated and compared to those of the Project. As concluded in the Final EIR, implementation of the No Project Alternative would eliminate all of the Project's near - term construction - related impacts. However, several long -term impacts would increase with implementation of this alternative, including increased impacts to air quality, hazards/hazardous materials, transportation /traffic, and water quality/hydrology. Long -term impacts from noise would be slightly reduced under this alternative due to the increased distance between the existing lift station facility and nearby sensitive receptors. 3.4.1.3 Finding and Rationale for the No Project Alternative The City hereby finds that specific economic, legal, social, technological, or other considerations make the No Project Alternative infeasible. Although the No Project Alternative would avoid all of the Project's near -term construction - related environmental effects, including the Project's significant an unavoidable impact to the intersection of South Bristol Street/West Segerstrom during the implementation of Construction Configuration C.2, this alternative would not meet any of the Project's basic objectives. Specifically: • The No Project Alternative would not result in the construction of a replacement lift station to replace the existing lift station that has exceeded its design life. • The No Project Alternative would not allow for the installation of modern lift station equipment and associated wastewater conveyance infrastructure that would reduce the potential for sewer spills or equipment failure. • The No Project Alternative would not provide for a replacement lift station facility in which electrical components are housed above ground to preclude the potential for electrical failure during peak storm events, as the existing lift station facility houses all of its electrical equipment underground and is subject to flooding. • The No Project Alternative would not provide for a facility that accommodates sufficient access space for maintenance workers, as the existing facility is located beneath the crown of South Bristol Street and affords very little space for maintenance workers. • The No Project Alternative would not avoid detrimental effects to existing businesses, as the existing lift station would continue to require frequent maintenance to clear blockages due to debris collected in the system and the risk from a sewage spill under the No Project Alternative would be increased in comparison to the proposed Project. • The No Project Alternative would not improve safety for motorists and City workers, as the existing lift station is located within the right -of -way of South Bristol Street, a major City thoroughfare. • The No Project Alternative would not reduce the potential for odor - related nuisances to land uses in close proximity to the facility, as no new odor - control systems would be installed. • The No Project Alternative would not provide for hardscape and landscape improvements and would not result in the demolition of the existing outdated facility. The No Project Alternative would not meet the basic Project objectives and therefore would not provide the numerous benefits of the Project, as set forth in the Statement of Overriding Considerations, including the installation of a replacement lift station facility that reduces the San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -4 CEQA Findings of Fact/Statement of Overriding Considerations 55A -43 Chapter 3 Findings Regarding Project Altematti(es Attachment "A" potential for sewer spills and nuisance odors; enhanced City worker and vehicular safety; improved appearance of the immediate area (i.e., hardscape /landscape improvements); and the provision of a generally more reliable and efficient lift station facility as compared to the existing facility. The No Project Alternative would increase impacts to the environment under long -term conditions as compared to the Project. The existing Segerstrom Lift Station facility was originally constructed in the 1960s and has exceeded its design life. The existing lift station facility has become inadequate to handle existing sewerage flows and is obsolete in comparison to modern lift station designs. The existing lift station is prone to frequent maintenance (two to three times per week) in order to clear blockages due to debris collected in the system. In addition, due to the age of the equipment, the existing pumps are subject to frequent mechanical failure (requiring maintenance) and it is difficult to obtain necessary replacement parts for the existing facility. These conditions result in an increased potential for sewer spills as compared to the Project. With the increased potential for sewer spills under long -term conditions, impacts to air quality (odors), hazards/hazardous materials, and water quality/hydrology would increase under the No Project Alternative. Since the existing lift station is located within the northbound travel lanes of South Bristol Street, long -term maintenance of the existing facility would result in periodic lane closures along South Bristol Street, which would result in increased impacts to traffic and air quality. The City finds that the No Project Alternative would fail to meet the Project's basic objectives and would result in an increase in long -term impacts to the environment, and therefore rejects the No Project Alternative as infeasible. 3.4.2 Modified Construction Configuration C.2 Alternative 3.4.2.1 Summary of the Modified Construction Configuration C.2 Alternative The Modified Construction Configuration C.2 Alternative (analyzed in RDEIR Section 5.4.2) would incorporate a modified construction schedule for the five (5) weeks in which Construction Configuration C.2 would need to be in place. Specifically, traffic control measures associated with Construction Configuration C.2 would be restricted to between the hours of 6:45 p.m. and 7:00 a.m. instead of allowing for 24 -hour lane closures as proposed by the Project. All other aspects of construction activities would be identical to the Project, and there would be no change to the long- term operational characteristics of the facility under this alternative. 3.4.2.2 Comparison of Environmental Effects Implementation of this alternative would reduce the Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street /West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday) by approximately two weeks. However, because construction activities associated with Construction Configuration C.2 would be modified to occur in the nighttime, between the hours of 6:45 p.m. and 7:00 a.m., a significant and unavoidable noise impact would result due to the exposure of nearby sensitive receptors to noise levels in excess of the City's Noise Ordinance standards. Impacts related to air quality /greenhouse gas emissions, hazards /hazardous materials, utilities /service systems, and water quality /hydrology would be similar to the proposed Project's impacts during construction. During long -term operation of the proposed facility, all impacts would be the same under both the Modified Construction Configuration C.2 Alternative and the proposed Project. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -5 CEQA Findings of Fact /Statement of Overriding Considerations 55A -44 Chapter 3 Findings Regarding ProjectAiternathies Attachment "A" 3.4.2.3 Finding and Rationale for the Modified Construction Configuration C.2 Alternative The City hereby finds that specific economic, legal, social, technological, or other considerations make the Modified Construction Configuration C.2 Alternative infeasible. Although the Modified Construction Configuration C.2 Alternative would reduce the Project's significant and unavoidable construction - related impact at the intersection of South Bristol Street/West Segerstrom Avenue by a period of two (2) weeks, this alternative would result in new significant and unavoidable noise impacts for a period of two (2) weeks because construction activities would be required to occur during nighttime hours to allow sufficient time to set up and remove traffic control measures. Such nighttime construction activities would invariably result in significant noise levels that would impact nearby sensitive receptors, including residents of the nearby apartments and the Studio Inn Hotel. Such noise levels would exceed the City's Noise Ordinance requirements for nighttime noise levels, and would result in a significant and unavoidable impact to noise. In addition, and as discussed in EIR Section 3.4.7, modifying the timing restrictions for Construction Configuration C.2 so as to allow construction during the daytime while completely avoiding significant traffic impacts during the five (5) weeks in which Construction Configuration C.2 would be in place is not feasible. Specifically, during the three (3) weeks during the construction of a new manhole within the South Bristol Street /West Segerstrom intersection, Construction Configuration C.2 would need to be in place 24 hours per day. Accordingly, this alternative would reduce (by a period of 2 weeks), but would not avoid, the Project's significant and unavoidable impact to transportation /traffic. On balance, the City finds that the reduction in duration of significant unavoidable impacts to transportation /traffic that would occur under this alternative does not justify the significant and unavoidable impacts to noise that would result from the nighttime construction activities required for this alternative. Therefore, the City finds that the Modified Construction Configuration C.2 Alternative is not feasible. 3.4.3 Alternative Site Location No. 1 (Alternative Site No. 1) 3.4.3.1 Summary of Alternative Site No. 1 Under this alternative a lift station would be constructed at the western terminus of San Lorenzo Avenue (Alternative Site No. 1) in lieu of the proposed Project site. The location of Alternative Site No. 1 is depicted on Final EIR Figure 5 -1. Alternative Site No. I is almost identical to the proposed Project but would be constructed wholly within the existing public right -of -way of San Lorenzo Avenue and an unnamed public alley. This alternative would not require the acquisition of private property. Although the acquisition of private property that would occur as part of the proposed Project would not result in a significant environmental effect, construction of a lift station at Alternative Site No. 1 was selected in order to evaluate construction of a lift station on an alternative site that would not require the City of Santa Ana to acquire any private property. 3.4.3.2 Summary Comparison of Environmental Effects As detailed in RDEIR Section 5.4.3, relocating the proposed lift station to Alternative Site No. 1 would neither avoid nor reduce the Project's near -term significant and unavoidable construction- San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -6 CEQA Findings of Fact/Statement of Overriding Considerations 55A -45 Chapter 3 Findings Regarding Project Allernathees Attachment "A" related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). Alternative Site No. 1 also would create a new, significant long -term impact to public services by adversely affecting the provision of police protection services. This alternative also would result in a significant impact to emergency access under long -term conditions, which could only be mitigated with the acquisition of private property, thus, negating the purpose of analyzing this alternative, i.e., to examine whether it would be possible to design the project to avoid the need to condemn private property. Impacts related to air quality /greenhouse gas emissions, noise, utilities and service systems, and water quality and hydrology would be similar to the proposed Project's impacts during construction and long -term operation. Additionally, both the City's Police Department and Fire Department object to this alternative for the reasons explained above. 3.4.3.3 Finding and Rationale for Alternative Site No. 1 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. I infeasible. Alternative Site No. 1 would not avoid or substantially lessen the Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). This alternative also would introduce new impacts to public services (long -term) and emergency access (long -term) that would not occur in association with the proposed Project. None of the other impacts associated with the proposed Project would be avoided or substantially lessened with implementation of this alternative. Additionally, the Santa Ana Police Department reviewed the proposal to construct a lift station at Alternative Site No. 1, and determined that this alternative has the potential to adversely affect public safety. In a letter dated March 15, 2010, the Police Department indicated that locating a lift station at Alternative Site No. 1 would obstruct the line of sight for patrol and passerby, thereby inhibiting the ability of police (and the public) to monitor activities within the alley located north of this alternative site location. In addition, the Police Department noted that a lift station at Alternative Site No. 1 would leave a significant amount of dead space behind the building which could "provide concealment for transients and other undesirable activities" and "create an attractive nuisance" for graffiti (see RDEIR Appendix H for the complete letter from the Santa Ana Police Department). The only available mitigation for this impact would be to re- locate the proposed lift station to the west, which would be the same design as proposed by the Project. Further, the City Fire Department reviewed the proposal to construct a lift station at Alternative Site No. I and determined this alternative would interfere with the ability of emergency vehicles to navigate the turn between the west end of San Lorenzo Avenue and the north -south oriented alley. (See letter from Fire Chief Dave Thomas to Raul Godinez, dated March 17, 2011, RDEIR Appendix H.) Specifically, the Fire Department determined at Alternative Site No. 1 would not meet the Fire Department's minimum turn radius requirement (minimum 20 -foot interior and 40 -foot exterior turn radius), as required by Santa Ana Municipal Code (SAMC) Sec. 14 -25. In addition, the City has an Automatic Mutual Aide agreement provided by the Costa Mesa Fire Department (CMFD), and such aid may be provided by larger CMFD vehicles that require a minimum 28 -foot interior and 46 -foot ' The letter from the Santa Ana Police Department included in Appendix H of the RDEIR is erroneously dated March 15, 2010; this letter was actually provided to the Public Works Department in March 2011. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -7 CEQA Findings of Fact/Statement of Overriding Considerations i � le� Chapter 3 Findings Regarding Project AtternatAss Attachment "A" exterior turn radius. Construction of a replacement lift station at Alternative Site Location No. I would interfere with the ability of fire trucks to make such turns. This alternative would, therefore, adversely affect the Fire Department's ability to respond to emergencies in the Project vicinity. The City has determined that these concerns about the impacts of Alternative Site No. 1 on public safety render it infeasible, particularly in light of the fact that Alternative Site No. I would not avoid or substantially lessen any significant effects of the project. (See CEQA Guidelines Section 15126.6(b).) 3.4.4 Alternative Site Location No. 2 (Alternative Site No. 2) 3.4.4.1 Summary of Alternative Site No. 2 Alternative Site Location Number 2 (Alternative Site No. 2) would involve the construction of a new replacement lift station within an existing City park located at the northeast corner of the West Segerstrom Avenue /South Shelton Street intersection instead of the proposed Project site. Alternative Site No. 2 is located approximately 0.15 -mile northeast of the proposed Project site. The location of Alternative Site No. 2 is depicted on Final EIR Figure 5 -1. Development of a lift station at Alternative Site No. 2 would occur wholly within an existing City-owned park; therefore, this alternative would not require the acquisition of private property. The lift station that would be constructed at Alternative Site No. 2 would consist of a similar above - ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 2 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the construction of approximately 115 percent increase in the length of underground sewer conveyance infrastructure as compared to the proposed Project (i.e., 2,800 linear feet, as compared to 1,300 feet for the proposed Project). The duration of the construction phase would be increased as compared to the Project to accommodate the construction of additional underground sewer conveyance infrastructure. 3.4.4.2 Summary Comparison of Environmental Effects As detailed in RDEIR Section 5.4.4, relocating the proposed lift station to Alternative Site No. 2 would neither avoid nor reduce the proposed Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). In addition, development of a lift station at Alternative Site No. 2 would result in a new significant and unavoidable impact to recreation, as this alternative would reduce park land in the City and would exacerbate an existing deficiency of park and recreation facilities in the City. Specifically, the City has a standard of providing two (2) acres of park land per 1,000 residents (SAMC, Sec. 35 -108); however, the City currently does not meet this standard and is providing less than one (1) acre of park land per 1,000 residents. Development of a lift station at Alternative Site No. 2 would reduce the amount of available park land in the City (by approximately 0. 15 acre during the 12 months of construction, and by approximately 0.03 acre under long -term operating conditions). This temporary and permanent loss of parkland would exacerbate the existing deficiency of parkland in the City. This alternative also would result in an increased, but mitigable, long -term air quality impact due to the potential to expose nearby odor - sensitive uses to substantial offensive odor levels during worst -case accident conditions. Impacts related to construction - related air quality/greenhouse gas emissions and noise would be increased under this alternative, but would not result in any new significant impacts as compared to the proposed Project. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -8 CEQA Findings of Fact /Statement of Overriding Considerations 55A -47 Chapter 3 Findings Regarding ProjectAiternathres Attachment "A" Impacts related to air quality /greenhouse gas emissions (long - term), noise (long - term), utilities and service systems, and water quality and hydrology would be similar to the proposed Project. 3.4.4.3 Finding and Rationale for Alternative Site No. 2 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 2 infeasible. Alternative Site No. 2 would not avoid or substantially lessen the Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). This alternative also would introduce new impacts to recreation (near- and long -term) that would not occur in association with the proposed Project, and would increase potential long -term odor impacts affecting nearby sensitive receptors, in addition to increasing impacts to construction - related air quality /greenhouse gas emissions and noise. None of the impacts associated with the proposed Project would be avoided or substantially lessened with implementation of this alternative. Furthermore, the City Parks, Recreation and Community Services Agency (PRCSA) submitted a $2.4 million grant application to the state's Urban Greening Grant Program on June 16, 2011 to develop the existing park as an "Eco- Park," which may feature amenities such as a community amphitheater, rock climbing area, picnic area, interpretive center, demonstration gardens, jogging trails and sidewalks, and open turf areas. (See Memorandum from Ron Ono, Administrative Service Manager of the City of Santa Ana PRCSA, to Steve Worrall, dated November 23, 2011.) The City hopes to use the park site as a showcase to educate residents on the value of water and energy conservation and provide landscape examples of drought tolerant plants, water harvesting techniques, solar panel installation, amphitheater for education classes, and natural type play equipment for adjacent residents. (See letter from the Gerardo Mouet, Executive Director, PRCSA, to R. Godinez, included in RDEIR Appendix H.) The site is also located a block west of Flower Street Bike Trail and the Golden Loop Bike Trail, which will make the site accessible to all residents in Santa Ana and adjacent cites. (Id.) A conceptual plan for this facility is presented on RDEIR Figure 5 -2, Conceptual West Segerstrom Avenue Eco -Park. The development of a lift station at Alternative Site No. 2 will interfere with any future development of this park for the community. Awards are anticipated to be announced early 2012. Regardless of whether the City receives a grant in this round of the Urban Greening Grant Program, it plans to improve the recreational opportunities at this park site and any construction of a Sewer Lift Station at the site would conflict with these community - serving objectives. The City has determined that these concerns about the impacts of Alternative Site No. 2 on recreational opportunities in the City render it infeasible, particularly in light of the fact that Alternative Site No. 2 would not avoid or substantially lessen any significant effects of the project. (See CEQA Guidelines Section 15126.6(b).) Z http : / /resources.ca.gov /bondsprop84 urbangreenine.html (last accessed December 6, 2011). San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -9 CEQA Findings of Fact /Statement of Overriding Considerations A •1 •� Chapter 3 Findings Regarding Project ANernathres Attachment "A" 3.4.5 Alternative Site Location No. 3 (Alternative Site No. 3) 3.4.5.1 Summary of Alternative Site No. 3 Alternative Site Location Number 3 (Alternative Site No. 3) would involve the construction of a new replacement lift station in the parking lot of an existing medical office and retail center located at 2835 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 3 is located approximately 0.05 -mile north of the proposed Project site. The location of Alternative Site No. 3 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 3 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 3 would feature similar equipment and appurtenances as the proposed Project. This alternative would construct 23 percent less underground sewer conveyance infrastructure than the proposed Project, and it is anticipated that the duration of the Construction Phase 11 would be decreased by six (6) work days (approximately one week) as compared to the Project. The construction schedule for this alternative would otherwise be similar to the Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configuration C.2. In addition, this alternative would not require implementation of Construction Configurations B.1, B.2, and C.I I. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the proposed Project (i.e., to the north of the existing Segerstrom Lift Station). Specifically, this segment of South Bristol Street contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE /MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet. Construction along this segment of South Bristol Street likely would require supporting the utilities from the top of the trench. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 3 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines, since the proposed lift station would be constructed within the parking lot of an existing medical office and retail center located at 2835 South Bristol Street. 3.4.5.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 3 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.5. This alternative would avoid the Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and unmitigable near -term traffic impact to a portion of the South Bristol Street road segment that would not occur as part of the proposed Project. This alternative's significant and unmitigable impact to South Bristol Street would occur for approximately 14 days during construction, approximately eleven (11) days shorter than the proposed Project's significant and unmitigable San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -10 CEQA Findings of Fact /Statement of Overriding Considerations Chapter 3 Findings Regarding Project Allernatives Attachment 'A" impact associated with Construction Configuration C.2. In addition, construction of a lift station at Alternative Site No. 3 would exacerbate an existing parking deficiency at this location by eliminating approximately 20 parking spaces during near -term construction, and five parking spaces under long- term operating conditions. Near- and long -term impacts to parking at Alternative Site No. 3 would represent a significant and unmitigable impact. As such, impacts to transportation /traffic would be greater at Alternative Site No. 3 as compared to the proposed Project site. This alternative also would result in a slight increase in the severity of impacts to air quality as compared to the proposed Project, because relocating the proposed lift station to Alternative Site No. 3 would have a greater potential to expose nearby odor - sensitive uses to substantial offensive odor levels during worst -case accident conditions; however, odor effects would be mitigable to a level below significant. Total construction air quality /greenhouse gas emissions would be modestly reduced under this alternative due to a slightly shorter construction period, although average daily construction emissions would be similar to the proposed Project. Impacts related to near -term water quality and hydrology would be slightly increased under this alternative, while impacts to noise, utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project. 3.4.5.3 Finding and Rationale for Alternative Site No. 3 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 3 infeasible. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the South Bristol Street/West Segerstrom Avenue intersection, this alternative would introduce a new significant unavoidable impact along South Bristol Street, which would occur for approximately 14 days (11 days shorter than the proposed Project's significant unavoidable impact). When considered in conjunction with this alternative's near- and long -term significant and unavoidable impacts to parking, the City finds that this alternative would, on the whole, result in increased impacts to transportation /traffic as compared to the proposed Project. Accordingly, the City rejects Alternative Site No. 3 as infeasible because it would result in an overall increase in environmental impacts as compared to the proposed Project and would not avoid or substantially lessen any significant effects of the Project (CEQA Guidelines Section 15126.6(b).) Additionally, as indicated in Section 5.4.5.4, this alternative would exacerbate an existing parking deficiency by eliminating approximately 20 parking spaces during near -term construction, and five parking spaces under long -term operating conditions. Under this alternative, a 6,420 square -foot portion of the parking lot would be closed and unavailable to site patrons during the entire construction phase (i.e., approximately 12 months) to accommodate construction and staging activities. Based on an analysis of this site, it is estimated that up to 20 parking spaces would be impacted and unavailable for the duration of construction activities, resulting in a deficit of approximately 61 parking spaces during the construction phase. Furthermore, construction of a connection between the proposed lift station and new east -west trending sewer facilities would require trenching activities within the parking lot that would impact additional parking spaces and internal drive aisles for a period of several weeks during construction, which would result in adverse effects to site access and internal circulation. Alternative Site No. 3 includes doctor's offices, a Physical Therapy Center, Orthopedic Clinic, Prenatal Care Facility and "Orange County Health Care Agency" offices. Ingress and egress to this parking lot is tight and many of the patrons are handicapped or physically impaired drivers, pregnant women, or elderly. Construction of the Lift San Lorenzo Lift Station EIR (Project No. 06 -3510) CEQA Findings of Fact /Statement of Overriding Considerations 55A -50 3 -11 Chapter 3 Findings Regarding ProjectAiternathres Attachment "A° Station and associated pipelines through the parking would create significant confusion and safety issues for the public. Therefore, this alternative is rejected as infeasible because it would substantially interfere with and disrupt the medical and retail uses at this location. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.6 Alternative Site Location No. 4 (Alternative Site No. 4) 3.4.6.1 Summary of Alternative Site No. 4 Alternative Site Location Number 4 (Alternative Site No. 4) would involve the construction of a replacement lift station in an undeveloped field located behind 2402 South Bristol Street instead of at the proposed Project site. Alternative Site No. 4 is located approximately 0.45 -mile northwest of the proposed Project site. The location of Alternative Site No. 4 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 4 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 4 would feature similar equipment and appurtenances as the proposed Project. This alternative would construct 108 percent more underground sewer conveyance infrastructure than the proposed Project, and it is anticipated that Construction Phase 11 would be increased by an additional 61 work days (approximately 12 weeks) as compared to the proposed Project. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configurations B.1, B.2, C.1, or C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the north of the existing Segerstrom Lift Station). Due to existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative. Specifically, this segment of South Bristol Street contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE/MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet. Construction along this segment of South Bristol Street likely would require supporting the utilities using trench boxes or shields, which in turn would require a larger area of closure along South Bristol Street during construction. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 4 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines, as the proposed lift station would be constructed in an undeveloped field located behind 2402 South Bristol Street. 3.4.6.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 4 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in San Lorenzo Lift Station EIR (Project No. 06 -3510) CEQA Findings of Fact /Statement of Overriding Considerations 55A -51 3 -12 Chapter 3 Findings Regarding Project AlternatAms Attachment "A" RDEIR Section 5.4.6. This alternative would avoid the proposed Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would result in a significant and unmitigable near -term impact to a portion of the South Bristol Street road segment that would not occur as part of the proposed Project. This alternative's significant and unmitigable impact to South Bristol Street would occur for approximately 16 weeks (approximately 11 weeks longer than the Project's significant and unmitigable impact associated with Construction Configuration C.2). Unavoidable impacts to transportation /traffic would also occur when construction activities disrupt left -turn movements, thereby diverting traffic to adjacent intersections or encouraging cut - through traffic in local neighborhoods; such impacts would not occur in association with the proposed Project. Near -term significant and unmitigable impacts would occur over a longer duration under this alternative; therefore, impacts to traffic and circulation are considered to be greater at Alternative Site No. 4 as compared to the proposed Project site. Total construction air quality /greenhouse gas emissions would be increased under this alternative due to a longer construction period, although average daily construction emissions would be less than significant and similar to the proposed Project. Impacts to near -term water quality and hydrology also would be increased under this alternative due to a larger area of impact, although such effects would be reduced to a level below significant with mitigation. Impacts to noise, utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project. 3.4.6.3 Finding and Rationale for Alternative Site No. 4 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 4 infeasible. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the South Bristol Street /West Segerstrom Avenue intersection, it would introduce a new significant unavoidable impact along South Bristol Street, which would occur for approximately 11 weeks longer than the Project's significant and unmitigable impact associated with Construction Configuration C.2. Therefore, the City finds that implementation of this alternative would result in increased impacts to transportation /traffic as compared to the proposed Project. Accordingly, the City rejects Alternative Site No. 4 as infeasible because it would result in an overall increase in environmental impacts as compared to the proposed Project and would not avoid or substantially lessen any significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the Project's objective to minimize disruptions to existing businesses, since construction of this alternative would require near -term closures of the center median that allows left - turn access into the parking lots of existing businesses. 3.4.7 Alternative Site Location No. 5 (Alternative Site No. 5) 3.4.7.1 Summary of Alternative Site No. 5 Alternative Site Location Number 5 (Alternative Site No. 5) would involve the construction of a replacement lift station in the parking lot of an existing commercial complex located at 3001 -3005 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 5 is located approximately 0.04 -mile southwest of the proposed Project site. The location of Alternative Site No. 5 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 5 would include an above - ground block structure similar to the proposed Project and would also San Lorenzo Lift Station EIR (Project No. 06 -3510) CEQA Findings of Fact/Statement of Overriding Considerations 55A -52 3 -13 Chapter 3 Findings Regarding Pr %ctAftrnatives Attachment 'A" feature similar equipment and appurtenances as the proposed Project. In addition, the construction of a lift station at Alternative Site No. 5 would require similar construction activities as the proposed Project (including the need to construct a manhole within the South Bristol Street /West Segerstrom Avenue intersection), and would follow a similar construction schedule. Development of a lift station at Alternative Site No. 5 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines (as discussed in Section 5.2.3), as the proposed lift station would be constructed within the parking lot of an existing commercial retail center located at 3001 -3005 South Bristol Street. 3.4.7.2 Summary Comparison of Environmental Effects As summarized in Final EIR Table 5 -1 and described in detail in RDE1R Section 5.4.7, relocating the proposed lift station to Alternative Site No. 5 would neither avoid nor reduce the proposed Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday); in fact, under this alternative the duration of Construction Configuration C.2 (and the significant unavoidable impact) would increase due to the need to completely cross the West Segerstrom Avenue right -of -way. In addition, development of a lift station at Alternative Site No. 5 would create new, significant near - term impacts transportation /traffic due to inadequate parking capacity. Impacts related to air quality /greenhouse gas emissions, noise, utilities and service systems, and water quality and hydrology would be similar to the proposed Project. 3.4.7.3 Finding and Rationale for Alternative Site No. 5 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 5 infeasible. Alternative Site No. 5 would not avoid or substantially lessen the Project's near -term significant and unavoidable construction- related impact at the intersection of South Bristol Street and West Segerstrom Avenue, or any other impacts associated with the proposed Project. Furthermore, this alternative would result in the elimination of approximately 27 parking spaces during near -term construction resulting in a temporary deficiency of six (6) parking spaces for a period of up to twelve (12) months. Because this alternative would result in inadequate parking capacity at an existing commercial retail center during construction, it would substantially interfere with and disrupt the existing commercial retail center that utilizes the parking lot, as well as fail to meet the Project's objective of avoiding detrimental effects to existing businesses. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. Based on these considerations, the City rejects Alternative Site No. 5 as infeasible and finds that it would not avoid or substantially lessen any significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) San Lorenzo Lift Station EIR (Project No. 06 -3510) CEQA Findings of Fact /Statement of Overriding Considerations 55A -53 3 -14 Chapter 3 Findings Regarding Project Altemathres Attachment "A' 3.4.8 Alternative Site Location No. 6 (Alternative Site No. 6) 3.4.8.1 Summary of Alternative Site No. 6 Alternative Site Location Number 6 (Alternative Site No. 6) would involve the construction of a replacement lift station in the southern portion of a parking lot of an existing commercial center located at 2840 South Bristol Street instead of the proposed Project site. Alternative Site No. 6 is located approximately 0.15 -mile west of the proposed Project site, northwesterly of the South Bristol Street /West Segerstrom Avenue intersection. The location of Alternative Site No. 6 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 6 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 6 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the construction of 46 percent less underground sewer conveyance infrastructure than the proposed Project. As a result, it is anticipated that the duration of Construction Phase 11 would be decreased as compared to the Project. The new sewer lines required in support of this alternative would be constructed within the alignments of West Segerstrom Avenue (westerly of South Bristol Street), and within South Bristol Street (northerly of West Segerstrom Avenue), and would require the construction of a manhole within the intersection of these two roadways (thereby necessitating implementation of traffic control in a manner similar to Construction Configuration C.2). Development of a lift station at Alternative Site No. 6 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. 3.4.8.2 Summary Comparison of Environmental Effects As summarized in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.8, relocating the proposed lift station to Alternative Site No. 6 would slightly increase the duration of the Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). In addition, development of a lift station at Alternative Site No. 6 would create new, significant near- and long- term impacts to transportation /traffic due to inadequate parking capacity. Near -term air quality impacts would be slightly reduced under this alternative due to a shorter duration of construction, and long -term odor impacts would be slightly reduced due to a slight increase in the distance to the nearest sensitive receptor. Near -term hydrology and water quality impacts also would be slightly reduced due to a smaller area of disturbance. Non -odor related impacts related to air quality /greenhouse gas emissions (long - term), impacts to noise, and impacts to utilities and service systems would be similar to the proposed Project. 3.4.8.3 Finding and Rationale for Alternative Site No. 6 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 6 infeasible. Specifically, Alternative Site No. 6 would not avoid or substantially lessen the Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -15 CEQA Findings of Fact /Statement of Overriding Considerations 55A -54 Chapter 3 Findings Regarding Project AiternatAres Attachment "A" between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday); in fact, impacts to this intersection would slightly increase under this alternative. Further, implementation of the proposed lift station at Alternative Site No. 6 would result in the elimination of approximately 14 parking spaces during near -term construction, and six parking spaces under long -term operating conditions, which would result in deficiency in parking by 13 spaces and five spaces under near- and long -term conditions, respectively. Because this alternative would result in inadequate parking capacity at an existing commercial center during construction, it would substantially interfere with and disrupt the existing commercial center that utilizes the parking lot, as well as fail to meet the Project's objective of avoiding detrimental effects to existing businesses. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. Based on these considerations, the City rejects Alternative Site No. 5 as infeasible and finds that it would not avoid or substantially lessen any significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) 3.4.9 Alternative Site Location No. 7 (Alternative Site No. 7) 3.4.9.1 Summary of Alternative Site No. 7 Alternative Site Location Number 7 (Alternative Site No. 7) would involve the construction of a replacement lift station in the northeast portion of a parking lot of an existing commercial center located at 2840 South Bristol Street in lieu of the proposed Project site. It should be noted that Alternative Site No. 7 would occur in the same parking lot described above for Alternative Site No. 6. Alternative Site No. 7 is located approximately 0.10 -mile northwest of the proposed Project site. The location of Alternative Site No. 7 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 7 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 7 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 77 percent less underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be decreased by eight (8) work days (approximately 1.5 weeks) as compared to the proposed Project. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configuration C.2. In addition, this alternative would not require implementation of Construction Configurations B.1, B.2, and C.I. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the north of the existing Segerstrom Lift Station). Specifically, this segment of South Bristol Street contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE/MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet. Construction along this segment of South San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -16 CEQA Findings of Fact/Statement of Overriding Considerations 55A -55 Chapter 3 Findings Regarding Project Alternathres Affachment "A" Bristol Street likely would require supporting the utilities from the top of the trench. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 7 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. 3.4.9.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 7 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.9. This alternative would avoid the proposed Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and unmitigable near -term impact to transportation /traffic due to a LOS deficiency that would occur for approximately twelve (12) days during construction, which is a reduction in comparison to the proposed Project, which would result in a deficient LOS for up to twenty -five (25) days during construction. However, construction of a lift station at Alternative Site No. 7 would result in inadequate parking at an existing commercial retail center both during construction and long -term operation. Near- and long -term impacts to parking at Alternative Site No. 7 would be a significant and unmitigable impact. Therefore, because Alternative Site No. 7 would still result in a significant and unavoidable near -term traffic impact, and would result in significant near -term (12 months) and long -term impacts to parking capacity, impacts to transportation /traffic would be increased with implementation of Alternative Site No. 7 as compared to the proposed Project. Total construction air quality /greenhouse gas emissions would be decreased under this alternative due to a shorter construction period, although average daily construction emissions would be less than significant and similar to the proposed Project. Impacts related to near -term water quality and hydrology also would be decreased under this alternative due to a smaller area of impact. Impacts associated with long -term odors would slightly increase under this alternative, although with mitigation this impact would be reduced to less than significant levels. Impacts to non -odor related air quality /greenhouse gas emissions (long - term), noise, utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project. 3.4.9.3 Finding and Rationale for Alternative Site No. 7 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 7 infeasible. Alternative Site No. 7 would, on balance, result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the south Bristol Street/West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately twelve (12) days during construction, and also would result in a new significant and unavoidable impact to parking (near- and long -term) that would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 7 would result in an overall increase in near- San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -17 CEQA Findings of Fact/Statement of Overriding Considerations 55A -56 Chapter 3 Findings Regarding ProjectAllernathres Attachment "A" term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen the significant environmental effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would result in inadequate parking at an existing commercial retail center, and would, therefore, fail to meet the proposed Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to the business would be further exacerbated by ongoing construction in close proximity to the existing commercial retail center. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.10 Alternative Site Location No. 8 (Alternative Site No. 8) 3.4.10.1 Summary of Alternative Site No. 8 Alternative Site Location Number 8 (Alternative Site No. 8) would involve the construction of a replacement lift station in the parking lot of an existing medical office building located at 2810 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 8 is located approximately 0.15 -mile north of the proposed Project site. The location of Alternative Site No. 8 is depicted on Final EIR Figure 5 -1. Alternative Site No. 8 includes only the eastern portion of the parking lot, as the westernmost portion of the parking lot is part of the adjacent parcel to the north (which is discussed below as part of Alternative Site No. 9). The lift station that would be constructed at Alternative Site No. 8 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 8 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 27 percent less underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be decreased by four (4) work days (approximately 1 week) as compared to the proposed Project. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configurations B.1, B.2, C.1, or C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the proposed Project (i.e., to the north of the existing Segerstrom Lift Station). Specifically, this segment of South Bristol Street contains a 20- inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE /MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet. Construction along this segment of South Bristol Street likely would require supporting the utilities from the top of the trench or the use of trench boxes /shields. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -18 CEQA Findings of Fact /Statement of Overriding Considerations 55A -57 Chapter 3 Findings Regarding ProjectAilernatives Attachment "A" circulation. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 8 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines (as discussed in Section 5.2.3). 3.4.10.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 8 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.10. This alternative would avoid the proposed Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and unmitigable near -term impact to transportation /traffic due to a LOS deficiency that would occur for approximately sixteen (16) days during construction, which is a slight reduction in comparison to the proposed Project, which would result in a deficient LOS for up to twenty-five (25) days during construction. However, construction of a lift station at Alternative Site No. 8 would also result in inadequate parking capacity at an existing medical office building both during construction and long -term operation. Near- and long -term impacts to parking at Alternative Site No. 8 would be a significant and immitigable impact. As such, impacts to transportation /traffic would be greater at Alternative Site No. 8 as compared to the proposed Project. Total construction - related air quality /greenhouse gas emissions would be reduced under this alternative due to a slightly shorter construction period, although average daily construction emissions would be similar to the proposed Project. Long -term odor - related impacts would be slightly reduced under this alternative, though as with the proposed Project mitigation still would be required to minimize to the extent feasible the proposed Project's potential to generate substantial odor impacts. In addition, construction noise levels would be slightly reduced under this alternative due to a slight increase in the distance to sensitive receptors; however, construction noise impacts would be less than significant under both this alternative and the proposed Project. Impacts related near -term water quality and hydrology would be slightly decreased under this alternative, while impacts to noise (long- term), utilities and service systems, and water quality and hydrology (long- term) would be similar to the proposed Project. 3.4.10.3 Finding and Rationale for Alternative Site No. 8 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 8 infeasible. Alternative Site No. 8 would, on balance, result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the south Bristol Street/West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately sixteen (16) days during construction, and also would result in a new significant and unavoidable impact to parking (near- and long -term) that would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 8 would result in an overall increase in near - term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen the Project's significant effects. (CEQA Guidelines Section 15126.6(b).) San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -19 CEQA Findings of Fact /Statement of Overriding Considerations �1� Chapter 3 Findings Regarding Project Alternatives Attachment "A" This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. Specifically, Alternative Site No. 8 would result in inadequate parking at an existing medical office building, and would, therefore, fail to meet the proposed Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to the business would be further exacerbated by ongoing construction in close proximity to the medical office building. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.11 Alternative Site Location No. 9 (Alternative Site No. 9) 3.4.11.1 Summary of Alternative Site No. 9 Alternative Site Location Number 9 (Alternative Site No. 9) would involve the construction of a replacement lift station in the parking lot of an existing medical complex located at 2720 -2740 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 9 is located approximately 0.20 -mile north of the proposed Project site. The location of Alternative Site No. 9 is depicted on Final EIR Figure 5 -1. Due to the existing configuration of this site and in order to minimize disruptions to the existing use during construction and long -term operation, it is assumed that a replacement lift station at this location would need to be located along or near the western property line. The lift station that would be constructed at Alternative Site No. 9 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 9 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 12 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be increased by nine (9) work days (approximately two weeks) as compared to the proposed Project. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configurations B.1, B.2, C.1, or C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the proposed Project (i.e., to the north of the existing Segerstrom Lift Station). Specifically, this segment of South Bristol Street contains a 20- inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE /MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet. Construction along this segment of South Bristol Street likely would require supporting the utilities from the top of the trench or the use of trench boxes /shields. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -20 CEQA Findings of Fact/Statement of Overriding Considerations 55A -59 Chapter 3 Findings Regarding ProjectAiternatlhaes Attachment "A" circulation. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 9 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. 3.4.11.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 9 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.11. This alternative would avoid the proposed Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and immitigable near -term impact to transportation /traffic due to a LOS deficiency that would occur for approximately 29 days during construction, which is a slight increase in duration as compared to the twenty -five (25) days of construction during which the proposed Project would create a significant unavoidable impact to transportation /traffic at the South Bristol Street /West Segerstrom Avenue intersection. Impacts to transportation /traffic would also occur when construction activities disrupt left -turn movements, thereby diverting traffic to adjacent intersections or encouraging cut - through traffic in local neighborhoods; such impacts would not occur in association with the proposed Project. Furthermore, construction of a lift station at Alternative Site No. 9 would exacerbate an existing parking deficiency at the existing medical complex both during construction and long -term operation. Near- and long -term impacts to parking at Alternative Site No. 9 would be a significant and unmitigable impact. As such, impacts to transportation /traffic would be greater at Alternative Site No. 9 as compared to the proposed Project site. This alternative also would result in an increase in the severity of the Project's significant long -term air quality impact as compared to the proposed Project, because Alternative Site No. 9 is closer to nearby sensitive receptors than the proposed Project and would thereby have an increased potential to expose nearby odor - sensitive uses to substantial offensive odor levels during worst -case accident conditions. However, with mitigation (i.e., Mitigation Measure MM 3.1 -1), long -term odor related impacts would be reduced to less than significant levels. Total construction air quality /greenhouse gas emissions would be increased under this alternative in comparison to the proposed Project due to a longer construction period, although average daily construction emissions would be similar to the proposed Project and would not be significant. In addition, construction noise levels would be greater under this alternative due to the closer proximity of residential land uses; however, construction noise impacts would be regarded as less than significant following mitigation, as with the proposed Project. Less than significant impacts related near -term water quality and hydrology would be slightly increased under this alternative, while impacts to noise (long - term), utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project and would be less than significant. 3.4.11.3 Finding and Rationale for Alternative Site No. 9 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 9 infeasible. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -21 CEQA Findings of Fact /Statement of Overriding Considerations AWQ%� Chapter 3 Findings Regarding Project Alternathes Attachment °A" Alternative Site No. 9 would result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the south Bristol Street /West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately 29 days during construction, would result in new significant unavoidable impacts due to the disruption of left -turn movements along South Bristol Street, and also would result in a new significant and unavoidable impact to parking (near- and long- term) that would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 9 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen the Project's effects. (CEQA Guidelines Section 15126.6(b).), This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. This alternative would be less effective than the proposed Project in minimizing odor - related nuisances to land uses in close proximity. In addition, this alternative would exacerbate an existing parking deficiency at an existing medical complex, and would therefore fail to meet the Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to business would be further exacerbated by ongoing construction in close proximity to the existing medical complex. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.12 Alternative Site Location No. 10 (Alternative Site No. 10) 3.4.12.1 Summary of Alternative Site No. 10 Alternative Site Location Number 10 (Alternative Site No. 10) would involve the construction of a replacement lift station in the parking lot of an existing medical building located at 2700 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 10 is located approximately 0.25 -mile north of the proposed Project site. The location of Alternative Site No. 10 is depicted on Final EIR Figure 5 -1. Due to the existing configuration of this site and in order to minimize disruptions to the existing use during construction and long -term operation, it is assumed that a replacement lift station at this location would need to be located along or near the western property line. The lift station that would be constructed at Alternative Site No. 10 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 10 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 23 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 1 I would be increased by 13 work days (approximately 2.5 weeks) as compared to the proposed Project. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -22 CEQA Findings of Fact/Statement of Overriding Considerations 55A -61 Chapter 3 Findings Regarding Project Affernattites Attachment "A" implementation of Construction Configurations B.1, B.2, CA, and C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the north of the existing Segerstrom Lift Station). Due to existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular circulation. Specifically, this segment of South Bristol Street contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE/MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet, and this depth would increase with distance from the existing facility. Construction along this segment of South Bristol Street likely would require supporting the utilities from the top of the trench or the use of trench boxes /shields. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 10 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. 3.4.12.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 10 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.12. This alternative would avoid the proposed Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and unmitigable near -term impact to transportation /traffic due to a LOS deficiency that would occur for approximately 33 days during construction, which is an increase in duration as compared to the twenty -five (25) days of construction during which the proposed Project would create a significant unavoidable impact to transportation /traffic at the South Bristol Street /West Segerstrom Avenue intersection. Significant and unavoidable impacts to transportation /traffic would also occur when construction activities disrupt left -turn movements, thereby diverting traffic to adjacent intersections or encouraging cut - through traffic in local neighborhoods; such impacts would not occur in association with the proposed Project. Mitigation for left -turn movement disruptions is not available since the existing parcels along South Bristol Street have limited access points that cannot be replaced. Furthermore, construction of a lift station at Alternative Site No. 10 would also result in inadequate parking capacity at an existing medical office building both during construction and long -term operation. Near- and long -term impacts to parking at Alternative Site No. 10 would be a significant and unmitigable impact. As such, impacts to transportation /traffic would be greater at Alternative Site No. 10 as compared to the proposed Project site. All other direct and cumulative near -term impacts to transportation /traffic would be less than significant and similar to the proposed Project. This alternative also would result in an increase in the severity of the Project's significant long -term air quality impact because Alternative Site No. 10 is closer to nearby sensitive receptors than the proposed Project and would thereby have an increased potential to expose nearby odor - sensitive uses to substantial offensive odor levels during worst -case accident conditions. However, long -term odor impacts would be reduced to less than significant levels with incorporation of Mitigation Measure MM 3.1 -1. Although total construction air quality /greenhouse gas emissions would be increased under this alternative due to a slightly elongated construction period, impacts would be less than significant since average daily construction emissions would be below SCAQMD thresholds, as with San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -23 CEQA Findings of Fact /Statement of Overriding Considerations M, * Chapter 3 Findings Regarding Project Alternathres Attachment 'A" the proposed Project. In addition, construction noise levels would be greater under this alternative due to the closer proximity of residential land uses; however, construction noise impacts would be regarded as less than significant as with the proposed Project. Impacts related near -term water quality and hydrology would be slightly increased under this alternative (though such impacts would not be significant), while impacts to noise (long - term), utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project. 3.4.12.3 Finding and Rationale for Alternative Site No. 10 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 10 infeasible. Alternative Site No. 10 would result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the south Bristol Street /West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately 33 days during construction, would result in new significant unavoidable impacts due to the disruption of left -turn movements along South Bristol Street, and also would result in a new significant and unavoidable impact to parking (near- and long- term) that would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 10 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen any significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. This alternative would not be as effective in achieving the Project's objective to minimize odor - related nuisances to land uses in close proximity. In addition, this alternative would result in inadequate parking at an existing medical office building, and would, therefore, fail to meet the proposed Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to business would be further exacerbated by ongoing construction in close proximity to the existing medical office building. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.13 Alternative Site Location No. 11 (Alternative Site No. 11) 3.4.13.1 Summary of Alternative Site No. 11 Alternative Site Location Number 11 (Alternative Site No. 11) would involve the construction of a replacement lift station in the parking lot of an existing medical building located at 2650 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 11 is located approximately 0.27 -mile north of the proposed Project site. The location of Alternative Site No. 11 is depicted on Final EIR Figure 5 -1. Due to the existing configuration of this site and in order to minimize disruptions to the existing use during construction and long -term operation, it is assumed that a replacement lift station at this location would need to be located along or near the western property line. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -24 CEQA Findings of Fact /Statement of Overriding Considerations 'ti Chapter 3 Findings Regarding Project Aitemathes Attachment `A° The lift station that would be constructed at Alternative Site No. 11 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 11 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 32 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be increased by 16 work days (approximately three weeks) as compared to the Project. The construction schedule for this alternative would otherwise be similar to the Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configurations B.1, B.2, C.1, or C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the north of the existing Segerstrom Lift Station). Due to existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular circulation. Specifically, the segment of South Bristol Street between this site and the existing lift station facility contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE /MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet, and this depth would increase with distance from the existing facility. Construction along this segment of South Bristol Street likely would require supporting the utilities from the top of the trench and/or the use of trench boxes /shields. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. I 1 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. 3.4.13.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 11 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.13. This alternative would avoid the proposed Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and immitigable near -term impact to transportation /traffic due to a LOS deficiency that would occur for approximately 36 days during construction, which is an increase in duration as compared to the twenty -five (25) days of construction during which the proposed Project would create a significant unavoidable impact to transportation /traffic at the South Bristol Street /West Segerstrom Avenue intersection. Significant and unavoidable impacts to transportation /traffic would also occur when construction activities disrupt left -turn movements, thereby diverting traffic to adjacent intersections or encouraging cut - through traffic in local neighborhoods; such impacts would not occur in association with the proposed Project. Furthermore, construction of a lift station at Alternative Site No. 11 would also result in inadequate parking capacity at an existing medical office building both during construction and long -term operation. Near- and long -term impacts to parking at Alternative Site No. 11 would be a significant and San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -25 CEQA Findings of Fact/Statement of Overriding Considerations 55A -64 Chapter 3 Findings Regarding ProjectAlternathres Attachment "A" unmitigable impact. As such, impacts to transportation /traffic would be greater at Alternative Site No. 11 as compared to the proposed Project site. This alternative also would result in an increase in the severity of the Project's significant (but mitigable) long -term air quality impact because relocating the proposed lift station to Alternative Site No. 11 is closer to nearby sensitive receptors than the proposed Project and would thereby have an increased potential to expose nearby odor - sensitive uses to substantial offensive odor levels during both normal operation and worst -case accident conditions. Odor impacts associated with this alternative would, however, be reduced to less than significant levels with mitigation (i.e., Mitigation Measure MM 3.1 -1). Total aggregate construction air quality/greenhouse gas emissions would be increased under this alternative due to a slightly elongated construction period, although average daily construction emissions would be less than significant and similar to the proposed Project. In addition, construction noise levels would be greater under this alternative due to the close proximity of residential land uses; however, construction noise impacts would be regarded as less than significant as with the proposed Project. Impacts related near -term water quality and hydrology would be slightly increased under this alternative but would remain below a level of significance, while impacts to noise (long - term), utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project and would be less than significant. 3.4.13.3 Finding and Rationale for Alternative Site No. 1 1 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 10 infeasible. Alternative Site No. 11 would result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the south Bristol Street /West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately 36 days during construction, would result in new significant unavoidable impacts due to the disruption of left -turn movements along South Bristol Street, and also would result in a new significant and unavoidable impact to parking (near- and long- term) that would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 10 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen any of the significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. This alternative would not be as effective in achieving the proposed Project's objective to minimize odor - related nuisances to land uses in close proximity. In addition, this alternative would result in inadequate parking at an existing medical office building, and would therefore fail to meet the proposed Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to business would be further exacerbated by ongoing construction in close proximity to the existing medical office building. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -26 CEQA Findings of Fact /Statement of Overriding Considerations 55A -65 Chapter 3 Findings Regarding Project Alternatives Attachment 'A" 3.4.14 Alternative Site Location No. 12 (Alternative Site No. 12) 3.4.14.1 Summary of Alternative Site No. 12 Alternative Site Location Number 12 (Alternative Site No. 12) would involve the construction of a replacement lift station within the parking lot of an existing medical complex located at approximately 2701 South Bristol Street instead of at the proposed Project site. It should be noted that although construction of a replacement lift station at Alternative Site No. 12 could occur anywhere within the block bounded by South Bristol Street, Hemlock Way, Central Avenue, and Baker Street, with exception of the existing AutoZone use at the northwestern corner of the site and the existing residential uses abutting Baker Street, for purposes of analysis it is assumed that the replacement lift station would be constructed in the southwestern portion of the block (i.e., near the intersection of Hemlock and South Bristol). Alternative Site No. 12 is located approximately 0.15 - mile north of the proposed Project site. The location of Alternative Site No. 12 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 12 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 12 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 42 percent less underground sewer conveyance infrastructure than the proposed Project; however, the segment of South Bristol Street between this site and the existing lift station facility contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE/MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet, and this depth would increase with distance from the existing facility. Construction along this segment of South Bristol Street likely would require supporting the utilities from the top of the trench and /or the use of trench boxes /shields, which would elongate the construction schedule. Due to these constraints, it is anticipated that the duration of Construction Phase 11 would be increased by two (2) work days (approximately 0.5 week) as compared to the proposed Project. However, this alternative would not require the construction of a sewer bypass during Phase 2 of construction, thereby shortening that phase of construction by up to two (2) weeks. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configurations B.1, B.2, C.1, or C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the north of the existing Segerstrom Lift Station). Due to the existing utility constraints beneath South Bristol Street (described above), portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular circulation. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 12 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -27 CEQA Findings of Fact/Statement of Overriding Considerations A ' ' :Te Chapter 3 Findings Regarding Project Alternathes Attachment "A° 3.4.14.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 12 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.14. Alternative Site No. 12 would avoid the proposed Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and immitigable near -term impact to transportation /traffic due to a LOS deficiency that would occur for approximately twenty-two (22) days during construction, which is a slight decrease in duration as compared to the twenty-five (25) days of construction during which the proposed Project would create a significant unavoidable impact to transportation /traffic at the South Bristol Street /West Segerstrom Avenue intersection. Impacts to transportation /traffic would also occur when construction activities disrupt left -turn movements, thereby diverting traffic to adjacent intersections or encouraging cut - through traffic in local neighborhoods; such impacts would not occur in association with the proposed Project and would represent a new significant and unavoidable impact to traffic /transportation. Furthermore, construction of a lift station at Alternative Site No. 12 would exacerbate an existing parking deficiency at an existing medical complex both during construction and long -term operation. Near- and long -term impacts to parking at Alternative Site No. 12 would be a significant and unmitigable impact. Since this alternative would significantly impact traffic along South Bristol Street and would significantly impact parking, impacts to transportation /traffic would be greater at Alternative Site No. 12 as compared to the proposed Project site. Total construction air quality/greenhouse gas emissions would be slightly reduced under this alternative due to a slightly reduced construction period, although average daily construction emissions would be similar to the proposed Project and would not be significant. Near -term nighttime construction noise and long -term odor impacts are assumed to be slightly reduced under this alternative, but as with the proposed Project these effects would be reduced to less than significant levels with incorporation of mitigation. Impacts related to near -term water quality and hydrology also would be slightly decreased under this alternative due to a smaller area of impact, although as with the proposed Project such impacts would be less than significant. Impacts related to operational noise, utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project and would be less than significant. 3.4.14.3 Finding and Rationale for Alternative Site No. 12 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 12 infeasible. Alternative Site No. 12 would result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the south Bristol Street/West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately 22 days during construction, would result in new significant unavoidable impacts due to the disruption of left -turn movements along South Bristol Street, and also would result in a new significant and unavoidable impact to parking (near- and long- term). Impacts to parking and turn movements would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 12 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible San Lorenzo Lift Station FIR (Project No. 06 -3510) 3 -28 CEQA Findings of Fact /Statement of Overriding Considerations 55A -67 Chapter 3 Findings Regarding Project Allernathres Attachment 'A" because it would not substantially lessen any significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. This alternative would exacerbate an existing parking deficiency at an existing medical complex and would interfere with access to this site during construction, and would therefore fail to meet the Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to business would be further exacerbated by ongoing construction in close proximity to the existing medical complex. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.15 Alternative Site Location No. 13 (Alternative Site No. 13) 3.4.15.1 Summary of Alternative Site No. 13 Alternative Site Location Number 13 (Alternative Site No. 13) would involve the construction of a replacement lift station in the parking lot of an existing commercial building located at approximately 2449 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 13 is located in the same general shopping center as Alternative Site Nos. 14 and 15, which is generally bounded by Central Avenue on the South, Bristol Street on the West, and Warner Avenue on the north. Alternative Site No. 13 would be located in the south - central portion of this shopping center, just northerly of El Polio Loco (2501 South Bristol Street). Alternative Site No. 13 is located approximately 0.40 -mile north of the proposed Project site. The location of Alternative Site No. 13 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 13 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 13 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 65 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be increased by 34 work days (approximately seven weeks) as compared to the proposed Project. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configurations B.1, B.2, C.1, or C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the north of the existing Segerstrom Lift Station). The segment of South Bristol Street between this site and the existing lift station facility contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE/MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet, and this depth would increase with distance from the existing facility. Construction along this segment of South Bristol Street would require supporting the utilities from the top of the trench San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -29 CEQA Findings of Fact/Statement of Overriding Considerations *�_Q:Ofel Chapter 3 Findings Regarding Project Alternatives Attachment "A" and /or the use of trench boxes /shields, which would elongate the construction schedule. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular circulation. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 13 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. 3.4.15.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 13 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.15. This alternative would avoid the Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and immitigable near -term impact to transportation /traffic due to a LOS deficiency that would occur for approximately 65 days during construction, which is an increase in duration as compared to the twenty-five (25) days of construction during which the proposed Project would create a significant unavoidable impact to transportation /traffic at the South Bristol Street /West Segerstrom Avenue intersection. Impacts to transportation /traffic would also occur when construction activities disrupt left -turn movements, thereby diverting traffic to adjacent intersections or encouraging cut - through traffic in local neighborhoods; such impacts would not occur in association with the proposed Project and would represent a new significant and unavoidable impact to traffic /transportation. As such, impacts to traffic and circulation would be greater at Alternative Site No. 13 as compared to the proposed Project site. Mitigation would not be available to reduce these effects to less than significant levels, as it is not possible to construct this alternative without affecting the travel lanes within South Bristol Street, and the ability to make left turns along South Bristol Street during construction. Total construction air quality/greenhouse gas emissions would be increased under this alternative due to a longer construction period, although average daily construction emissions would be similar to the proposed Project and would be less than significant. In addition, construction - related impacts to water quality and hydrology would be increased under this alternative due to a larger area of impact, although such effects would be less than significant with mandatory regulatory compliance. Long- term odor impacts associated with accident conditions and near -term noise impacts associated with nighttime dewatering activities would be slightly decreased under this alternative, due to the increased distance to nearby sensitive receptors, although as with the proposed Project such effects would be less than significant (with implementation of Mitigation Measures MMs 3.1 -1, 3.3 -1, and 3.3 -2). Impacts related to noise, utilities and service systems, and water quality and hydrology (long- term) would be similar to the proposed Project and would be less than significant. 3.4.15.3 Finding and Rationale for Alternative Site No. 13 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 13 infeasible. Alternative Site No. 13 would result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -30 CEQA Findings of Fact/Statement of Overriding Considerations A �Y" U, Chapter 3 Findings Regarding Project Affernathes Attachment "A" significant and unavoidable impact to the south Bristol Street/West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately 65 days during construction, and would result in new significant unavoidable impacts due to the disruption of left -turn movements along South Bristol Street. Impacts to turn movements would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 13 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not substantially lessen any significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving the proposed Project's objectives. This alternative would cause serious disruptions to existing business along South Bristol Street due to the need to construct sewer lines near the median, and would further disrupt the businesses within the shopping complex where this alternative site is located. This alternative would therefore fail to meet the proposed Project's objective of avoiding detrimental effects to existing businesses. 3.4.16 Alternative Site Location No. 14 (Alternative Site No. 14) 3.4.16.1 Summary of Alternative Site No. 14 Alternative Site Location Number 14 (Alternative Site No. 14) would involve the construction of a replacement lift station in the parking lot of an existing commercial complex located at southeast corner of the intersection of South Bristol Street and West Warner Avenue in lieu of the proposed Project site. Alternative No. 14 is located in the same general shopping center as Alternative Site Nos. 13 and 15, and would be constructed just northerly of the Chase Bank (2407 South Bristol Street). Alternative Site No. 14 is located approximately 0.50 -mile north of the proposed Project site. The location of Alternative Site No. 14 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 14 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 14 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 112 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be increased by 64 work days (approximately 13 weeks) as compared to the proposed Project. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configurations B.1, B.2, C.1, or C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the proposed Project (i.e., to the north of the existing Segerstrom Lift Station). The segment of South Bristol Street between this site and the existing lift station facility contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16- inch water main, and a SCE /MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet, and this depth would increase with distance from the existing facility. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -31 CEQA Findings of Fact/Statement of Overriding Considerations 55A -70 Chapter 3 Findings Regarding ProjectAitemathres Attachment W Construction along this segment of South Bristol Street would require supporting the utilities from the top of the trench and /or the use of trench boxes /shields, which would elongate the construction schedule. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular circulation. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 14 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. 3.4.16.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 14 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.16. This alternative would avoid the Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and unavoidable near -term impact to transportation /traffic due to a LOS deficiency that would occur for approximately 84 days during construction, which is an increase in duration as compared to the twenty-five (25) days of construction during which the proposed Project would create a significant unavoidable impact to transportation /traffic at the South Bristol Street/West Segerstrom Avenue intersection. Impacts to transportation /traffic would also occur when construction activities disrupt left -turn movements, thereby diverting traffic to adjacent intersections or encouraging cut - through traffic in local neighborhoods; such impacts would not occur in association with the proposed Project. As such, impacts to transportation /traffic would be greater at Alternative Site No. 14 as compared to the proposed Project site, and mitigation would not be available to reduce these effects to less than significant levels, as there is no way to construct this alternative without affecting the travel lanes within South Bristol Street, and because there is no way to avoid affecting left turns along South Bristol Street during construction. Total construction air quality/greenhouse gas emissions would be increased under this alternative due to a longer construction period, although average daily construction emissions would be similar to the proposed Project and impacts would be less than significant. In addition, construction - related impacts to water quality and hydrology would be increased under this alternative due to a larger area of impact, but would remain below a level of significance. Long -term odor impacts associated with accident conditions and near -term noise impacts associated with nighttime dewatering activities would be slightly decreased under this alternative, due to the increased distance to nearby sensitive receptors, although as with the proposed Project impacts would be reduced to less than significant levels with implementation of Mitigation Measures MM 3.3 -1 and 3.3 -2. Impacts related to noise, utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project and would be less than significant. 3.4.16.3 Finding and Rationale for Alternative Site No. 14 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 14 infeasible. Alternative Site No. 14 would result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's San Lorenzo Lift Station EIR (Project No. 06 -3510) CEQA Findings of Fact /Statement of Overriding Considerations 55A -71 3 -32 Chapter 3 Findings Regarding Protect Altematives Attachment "A" significant and unavoidable impact to the south Bristol Street/West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately 84 days during construction, and would result in new significant unavoidable impacts due to the disruption of left -turn movements along South Bristol Street. Impacts to turn movements would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 14 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen any significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. This alternative would cause serious disruptions to existing business along South Bristol Street due to the need to construct sewer lines near the median, and would further disrupt the businesses within the shopping complex where this alternative site is located, and would therefore fail to meet the proposed Project's objective of avoiding detrimental effects to existing businesses. 3.4.17 Alternative Site Location No. 15 (Alternative Site No. 15) 3.4.17.1 Summary of Alternative Site No. 15 Alternative Site Location Number 15 (Alternative Site No. 15) would involve the construction of a replacement lift station in the parking lot of an existing commercial complex located at southeast corner of the intersection of South Bristol Street and West Warner Avenue in lieu of the proposed Project site. Alternative No. 15 is located in the same general shopping center as Alternative Site Nos. 13 and 14, and would be constructed near the existing Starbucks, located at the corner of South Bristol Street /West Warner Avenue. Alternative Site No. 15 is located approximately 0.50 -mile north of the proposed Project site. The location of Alternative Site No. 15 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 15 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 15 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of 123 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be increased by 70 work days (approximately 14 weeks) as compared to the proposed Project. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configurations B.1, B.2, C.1, or C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the north of the existing Segerstrom Lift Station). The segment of South Bristol Street between this site and the existing lift station facility contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE/MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -33 CEQA Findings of Fact /Statement of Overriding Considerations 55A -72 Chapter 3 Findings Regarding ProjectAffernatlhres Attachment "A" feet, and this depth would increase with distance from the existing facility. Construction along this segment of South Bristol Street would require supporting the utilities from the top of the trench and /or the use of trench boxes /shields, which would elongate the construction schedule. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular circulation. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 15 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. 3.4.17.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 15 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.17. This alternative would avoid the Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and immitigable near -term impact to transportation /traffic due to a LOS deficiency that would occur for approximately 90 days during construction, which is an increase in duration as compared to the twenty -five (25) days of construction during which the proposed Project would create a significant unavoidable impact to transportation /traffic at the South Bristol Street/West Segerstrom Avenue intersection. Impacts to transportation /traffic would also occur when construction activities disrupt left -turn movements, thereby diverting traffic to adjacent intersections or encouraging cut - through traffic in local neighborhoods; such impacts would not occur in association with the proposed Project. As such, impacts to transportation /traffic would be greater at Alternative Site No. 14 as compared to the proposed Project site, and mitigation would not be available to reduce these effects to less than significant levels, as there is no way to construct this alternative without affecting the travel lanes within South Bristol Street, and because there is no way to avoid affecting left turns along South Bristol Street during construction. Total construction air quality /greenhouse gas emissions would be increased under this alternative due to a longer construction period, although average daily construction emissions would be similar to the proposed Project and would be less than significant. In addition, construction - related impacts to water quality and hydrology would be increased under this alternative due to an increased area of impact, although such impacts would be less than significant. Long -term odor impacts associated with accident conditions and near -term noise impacts associated with nighttime dewatering activities would be slightly decreased under this alternative, due to the increased distance to nearby sensitive receptors, although as with the proposed Project such impacts would be less than significant due to implementation of Mitigation Measures MM 3.3 -1 and 3.3 -2. Impacts related to noise, utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project and would be less than significant. 3.4.17.3 Finding and Rationale for Alternative Site No. 15 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 15 infeasible. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -34 CEQA Findings of Fact/Statement of Overriding Considerations 55A -73 Chapter 3 Findings Regarding ProlectAilernathres Attachment "A" Alternative Site No. 15 would result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the south Bristol Street/West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately 90 days during construction, and would result in new significant unavoidable impacts due to the disruption of left -turn movements along South Bristol Street. Impacts to turn movements would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 15 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen any of the significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet or would not be as effective in achieving the proposed Project's objectives. This alternative would cause serious disruptions to existing business along South Bristol Street due to the need to construct sewer lines near the median, and would further disrupt the businesses within the shopping complex where this alternative site is located. This alternative would therefore fail to meet the Project's objective of avoiding detrimental effects to existing businesses. 3.4.18 Alternative Site Location No. 16 (Alternative Site No. 16) 3.4.18.1 Summary of Alternative Site No. 16 Alternative Site Location Number 16 (Alternative Site No. 16) would involve the construction of a new replacement lift station within an existing City park (Carl Thornton Park) located at 1801 West Segerstrom Avenue in lieu of the proposed Project site. Alternative Site No. 16 is located approximately 0.4 -mile west of the proposed Project site. The location of Alternative Site No. 16 is depicted on Final EIR Figure 5 -1. Development of a lift station at Alternative Site No. 16 would occur wholly within an existing City - owned park; therefore, this alternative would not require the acquisition of private property. The lift station that would be constructed at Alternative Site No. 16 would include an above - ground block structure similar to the proposed Project. In addition, the lift station at Alternative Site No. 16 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 208 percent more underground sewer conveyance infrastructure than the proposed Project. The duration of Construction Phase 11 would be increased as compared to the Project, to accommodate the construction of additional underground sewer conveyance infrastructure. Although the acquisition of private property that would occur as part of the proposed Project would not result in a significant environmental effect, relocation of the proposed lift station to Alternative Site No. 16 was selected for consideration to allow decision - makers to compare the impact of the proposed Project against the impact of an alternative that would not require the acquisition of private property. 3.4.18.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 16 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.18. Relocating the proposed lift station to Alternative Site No. 16 would slightly San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -35 CEQA Findings of Fact /Statement of Overriding Considerations 55A -74 Chapter 3 Findings Regarding Project Aitemathres Attachment "A" increase the duration of the proposed Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). In addition, development of a lift station at Alternative Site No. 16 would result in a new, significant impact to recreation, as this alternative would reduce park land in the City and would exacerbate an existing deficiency of park and recreation facilities in the City. Construction - related impacts related to air quality/greenhouse gas emissions and hydrology and water quality would be increased under this alternative as compared to the proposed Project, but would be less than significant. Impacts related to air quality/greenhouse gas emissions (long - term), noise, and utilities and service systems would be similar to the proposed Project and would be less than significant, although long -term impacts associated with odors under accident conditions would be slightly reduced under this alternative and would be less than significant with the incorporation of Mitigation Measure MM 3.1 -1 (similar to the proposed Project). 3.4.18.3 Finding and Rationale for Alternative Site No. 16 The City hereby finds that specific economic, legal, social, technological, or other considerations make the Alternative Site No. 16 infeasible. Alternative Site No. 16 would slightly increase by a period of one to two days the Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). This alternative also would introduce new significant and unavoidable impacts to recreation (near- and long -term) that would not occur in association with the proposed Project, and would increase construction- related air quality /greenhouse gas emissions and water quality/hydrology impacts. None of the significant impacts associated with the proposed Project would be avoided or substantially lessened with implementation of this alternative. In light of these considerations, the City rejects Alternative Site No. 16 as infeasible because it would avoid or substantially lessen any of the significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) 3.4.19 Alternative Site Location No. 17 (Alternative Site No. 17) 3.4.19.1 Summary of Alternative Site No. 17 Alternative Site Location Number 17 (Alternative Site No. 17) would involve the construction of a new replacement lift station in the parking lot of an existing commercial office (AT &T) located at 3200 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 17 is located approximately 0.25 -mile southwest of the proposed Project site. The location of Alternative Site No. 17 is depicted on Final EIR Figure 5 -1. In order to minimize disruptions to the existing AT &T building, the replacement lift station would be constructed in the western portion of the parking lot at this site. The lift station that would be constructed at Alternative Site No. 17 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 17 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 54 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase I 1 would be increased by 30 work days (approximately four weeks) as compared San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -36 CEQA Findings of Fact/Statement of Overriding Considerations 55A -75 Chapter 3 Findings Regarding Project Aitemath es Attachment "A" to the Project. The construction schedule for this alternative would otherwise be similar to the Project. This alternative would require construction activities within and adjacent to the South Bristol Street /West Segerstrom Avenue intersection; however, the duration of construction activities within the intersection would be reduced to one (1) week under this alternative. Traffic control associated with demolition of the existing lift station facility still would require up to two weeks; accordingly, traffic control within the intersection of South Bristol Street /West Segerstrom Avenue would occur for a total duration of three weeks, rather than the five weeks associated with the proposed Project. In addition, this alternative would not require implementation of Construction Configurations B.1, B.2, or C.1. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the south of the South Bristol Street/West Segerstrom Avenue intersection). The segment of South Bristol Street between this site and the existing lift station facility contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE /MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet, and this depth would increase with distance from the existing facility. Construction along this segment of South Bristol Street would require supporting the utilities from the top of the trench and /or the use of trench boxes /shields, which would elongate the construction schedule. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular circulation. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 17 would require the City to acquire private property to accommodate the proposed lift station. In addition, this alternative would require the City to acquire a temporary construction easement to facilitate construction of the proposed lift station. 3.4.19.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 17 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.19. This alternative would reduce the Project's significant and unavoidable impact associated with Construction Configuration C.2 by two weeks; however, this alternative would create a significant and unmitigable near -term impact to the capacity of South Bristol Street for a period of approximately 46 days, which is an increase in duration as compared to the twenty - five (25) days of construction during which the proposed Project would create a significant unavoidable impact to transportation/traffic at the South Bristol Street/West Segerstrom Avenue intersection. As such, impacts to transportation /traffic would be greater at Alternative Site No. 17 as compared to the proposed Project site, and mitigation would not be available to reduce these effects to less than significant levels because there is no way to construct this alternative without impacting travel lanes on South Bristol Street. Furthermore, construction of a lift station at Alternative Site No. 17 would exacerbate an existing parking deficiency at this site both during construction and long- term operation. Near- and long -term impacts to parking at Alternative Site No. 17 would be a significant and immitigable impact. Construction activities at Alternative Site No. 17 also would San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -37 CEQA Findings of Fact/Statement of Overriding Considerations 55A -76 Chapter 3 Findings Regarding Project Altemathtes Attachment 'A' result in a significant and immitigable near -term impact to traffic and circulation due to inadequate emergency access (i.e., Garry Street). As such, impacts to traffic and circulation would be greater at Alternative Site No. 17 as compared to the proposed Project site, and would be significant and unavoidable. This alternative also would result in an increase in the severity of long -term odor impacts as compared to the proposed Project, because Alternative Site No. 17 is located in closer proximity to existing sensitive receptors that could be exposed to odors under accident conditions; however, as with the proposed Project, mitigation would reduce this impact to less than significant levels. In addition, construction noise levels would be greater under this alternative due to the closer proximity of residential land uses; however, construction noise impacts would be mitigated to less than significant levels, as with the proposed Project. Total construction air quality /greenhouse gas emissions would be increased under this alternative due to a longer construction period, although average daily construction emissions would be similar to the proposed Project and would be less than significant. In addition, construction - related impacts to water quality and hydrology would be increased under this alternative due to a larger area of impact, but would remain below a level of significance. Impacts related to noise (long - term), utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project and would be less than significant. 3.4.19.3 Findina and Rationale for Alternative Site No. 17 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 17 infeasible. Alternative Site No. 17 would result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would reduce by a period of three weeks the proposed Project's significant unavoidable impact to the South Bristol Street/West Segerstrom Avenue intersection, this alternative would create a significant and immitigable near -term impact to the capacity of South Bristol Street for a period of approximately 46 days, or 21 days longer than the proposed Project's significant unavoidable impact to the South Bristol Street/West Segerstrom Avenue intersection. Furthermore, construction of a lift station at Alternative Site No. 17 would exacerbate an existing parking deficiency at this site both during construction and long -term operation. Near- and long -term impacts to parking at Alternative Site No. 17 would be a significant and immitigable impact. Construction activities at Alternative Site No. 17 also would result in a significant and immitigable near -term impact to traffic and circulation due to inadequate emergency access (i.e., Garry Street). In light of these considerations, the City finds that Alternative Site No. 17 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen any of the significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. This alternative would not be as effective as the proposed Project in meeting the Project's objective to minimize odor - related nuisances to land uses in close proximity. In addition, this alternative would exacerbate an existing parking deficiency at an existing commercial office building, and would, therefore, fail to meet the Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to business would be further exacerbated by ongoing construction in close proximity to the existing commercial office building. Further, unlike the proposed Project site where the City has an existing sewer easement, construction San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -38 CEQA Findings of Fact/Statement of Overriding Considerations 55A -77 Chapter 3 Findings Regarding Project Alternathies Attachment "A" at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.20 Alternative Site Location No. 18 (Alternative Site No. 18) 3.4.20.1 Summary of Alternative Site No. 18 Alternative Site Location Number 18 (Alternative Site No. 18) would involve the construction of a new replacement lift station in the parking lot of an existing commercial retail center located at 3300 South Bristol Street (i.e., Target shopping center) in lieu of the proposed Project site. Alternative Site No. 18 is located approximately 0.35 -mile southwest of the proposed Project site. The location of Alternative Site No. 18 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 18 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 18 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 62 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be increased by approximately 90 work days (approximately eighteen weeks) as compared to the proposed Project. The substantial increase in construction duration is due in part to the need to cross the existing railroad tracks near the intersection of Alton Road/South Bristol Street, which would require approximately six weeks (30 working days) to complete. The construction schedule for this alternative would otherwise be similar to the Project. This alternative would require construction activities within and adjacent to the South Bristol Street /West Segerstrom Avenue intersection; however, the duration of construction activities within the intersection would be reduced to one (1) week under this alternative and traffic control associated with demolition of the existing lift station facility still would require up to two weeks; accordingly, under this alternative, traffic control affecting the intersection of South Bristol Street /West Segerstrom Avenue would occur for a total duration of three weeks, rather than the five weeks associated with the proposed Project. In addition, this alternative would not require implementation of Construction Configurations B.1, B.2, and C.1. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the south of the South Bristol Street /West Segerstrom Avenue intersection). The segment of South Bristol Street between this site and the existing lift station facility contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE /MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet, and this depth would increase with distance from the existing facility. Construction along this segment of South Bristol Street would require supporting the utilities from the top of the trench and /or the use of trench boxes /shields, which would elongate the construction schedule. Due to these existing utility constraints, portions of this roadway would need to be closed to accommodate construction associated with this alternative. Moreover, the duration of construction for this alternative site location would greatly increase due to the need to cross the railroad tracks running parallel and north of Alton Avenue. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -39 CEQA Findings of Fact/Statement of Overriding Considerations ����_wll� Chapter 3 Findings Regarding Pr%ct Alternatives Attachment "A" Development of a lift station at Alternative Site No. 18 would require the City to acquire private property to accommodate the proposed lift station. In addition, this alternative would require the City to acquire a temporary construction easement to facilitate construction of the proposed lift station. 3.4.20.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 18 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.20. This alternative would reduce the Project's significant and unavoidable impact associated with Construction Configuration C.2 by two (2) weeks; however, this alternative would result in a significant unavoidable impact to the capacity of the South Bristol Street roadway for a total of 94 days (or 69 days longer than the proposed Project's significant unavoidable impact). In addition, this alternative would result in significant unavoidable impacts to the intersection of South Bristol Street /Alton Avenue for the five (5) days in which construction activities would occur within the intersection, which represents a more severe impact to transportation /traffic than would occur under the proposed Project. Furthermore, construction of a lift station at Alternative Site No. 18 would exacerbate an existing parking deficiency at this existing commercial retail building both during construction and long -term operation, which would result in a total parking deficiency of 69 spaces and 58 spaces under near- and long -term conditions, respectively. Near- and long -term impacts to parking at Alternative Site No. 18 would be a significant and immitigable impact. As such, impacts to transportation /traffic would be greater at Alternative Site No. 18 as compared to the proposed Project site. Total construction air quality /greenhouse gas emissions would be increased under this alternative due to a longer construction period, although average daily construction emissions would be similar to the proposed Project and would be less than significant. In addition, construction - related impacts to water quality and hydrology would be increased under this alternative due to a larger area of impact, but would remain below a level of significance. Impacts due to nighttime dewatering during construction would be slightly decreased under this alternative and, as with the proposed Project, would be reduced to less than significant levels with incorporation of Mitigation Measure 3.3 -2. All other impacts associated with noise would be similar to the proposed Project and would be less than significant. Impacts related to utilities and service systems and water quality and hydrology (long- term) would be similar to the proposed Project and would be less than significant. Impacts associated with operational odors under accident conditions also would be slightly reduced under this alternative; however, with implementation of Mitigation Measure MM 3.1 -1, odor impacts would be less than significant for this alternative and the proposed Project. All other long -term impacts to air quality /greenhouse gas emissions would be similar to the proposed Project and would be less than significant. 3.4.20.3 Finding and Rationale for Alternative Site No. 18 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 18 infeasible. Alternative Site No. 18 would result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would reduce the Project's significant and unavoidable impact associated with Construction Configuration C.2 by two (2) weeks, this alternative would result in a significant unavoidable impact to the capacity of the South Bristol Street San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -40 CEQA Findings of Fact /Statement of Overriding Considerations 55A -79 Chapter 3 Findings Regarding ProjectAlternatives Attachment "A" roadway for a total of 94 days (or 69 days longer than the proposed Project's significant unavoidable impact). In addition, this alternative would result in significant unavoidable impacts to the intersection of South Bristol Street/Alton Avenue for the five (5) days in which construction activities would occur within the intersection. This also represents a more severe impact to transportation /traffic than would occur under the proposed Project. Furthermore, construction of a lift station at Alternative Site No. 18 would exacerbate an existing parking deficiency at this existing commercial retail building both during construction and long -term operation. Significant impacts to parking would not occur under the proposed Project. In light of these considerations, the City finds that Alternative Site No. 18 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen any significant impacts of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. This alternative would exacerbate an existing parking deficiency at an existing commercial retail building, and would, therefore, fail to meet the Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to business would be further exacerbated by ongoing construction in close proximity to the existing commercial retail building. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.21 Alternative Site Location No. 19 (Alternative Site No. 19) 3.4.21.1 Summary of Alternative Site No. 19 Alternative Site Location Number 19 (Alternative Site No. 19) would involve the construction of a new replacement lift station in the parking lot of an existing commercial retail center located at 3301- 3365 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 19 is located approximately 0.40 -mile south of the proposed Project site. The location of Alternative Site No. 19 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 19 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 19 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 83 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be increased by 89 work days (approximately 18 weeks) as compared to the Project. The substantial increase in construction duration is due in part to the need to cross the existing railroad tracks near the intersection of Alton Road /South Bristol Street, which would require approximately six weeks (30 working days) to complete. The construction schedule for this alternative would otherwise be similar to the Project. This alternative would require construction activities within and adjacent to the South Bristol Street /West Segerstrom Avenue intersection; however, the duration of construction activities would be reduced to one (1) week under this alternative. Traffic control associated with demolition of the existing lift station facility still would require up to two weeks; accordingly, under this alternative, traffic control affecting the intersection of South Bristol Street /West Segerstrom Avenue would occur San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -41 CEQA Findings of Fact /Statement of Overriding Considerations Chapter 3 Findings Regarding Project Altemattim Attachment "A" for a total duration of three weeks, rather than the five weeks associated with the proposed Project. In addition, this alternative would not require implementation of Construction Configurations B.1, B.2, or C.1. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the proposed Project (i.e., to the south of the South Bristol Street/West Segerstrom Avenue intersection). The segment of South Bristol Street between this site and the existing lift station facility contains a 20- inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE /MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet, and this depth would increase with distance from the existing facility. Construction along this segment of South Bristol Street would require supporting the utilities from the top of the trench and /or the use of trench boxes /shields, which would elongate the construction schedule. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular circulation. Moreover, the duration of construction for this alternative site location would greatly increase due to the need to cross the railroad tracks running parallel and north of Alton Avenue. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 19 would require the City to acquire private property to accommodate the proposed lift station. In addition, this alternative would require the City to acquire a temporary construction easement to facilitate construction of the proposed lift station. 3.4.21.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 19 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.21. This alternative would reduce the proposed Project's significant and unavoidable impact associated with Construction Configuration C.2 by two (2) weeks; however, this alternative would result in a significant unavoidable impact to the capacity of the South Bristol Street roadway for a total of 109 days (or 89 days longer than the proposed Project's significant unavoidable impact). Furthermore, construction of a lift station at Alternative Site No. 19 would exacerbate an existing parking deficiency at this existing commercial retail building both during construction and long -term operation. Near- and long -term impacts to parking at Alternative Site No. 19 would be a significant and unmitigable impact. As such, impacts to traffic and circulation would be greater at Alternative Site No. 19 as compared to the proposed Project site. Total construction air quality /greenhouse gas emissions would be increased under this alternative due to a longer construction period, although average daily construction emissions would be similar to the proposed Project and would be less than significant. In addition, construction - related impacts to water quality and hydrology would be increased under this alternative due to a larger area of impact, although such impacts would be less than significant. As with the proposed Project, impacts associated with nighttime dewatering activities during construction would be reduced to less than significant levels with compliance with Mitigation Measure MM 3.3 -2. Long -term odor impacts associated with accident conditions would be slightly decreased under this alternative in comparison to the proposed Project and would be less than significant similar to the proposed Project. Impacts related to long -term noise, utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project and would be less than significant. San Lorenzo Lift Station FIR (Project No. 06 -3510) 3 -42 CEQA Findings of Fact /Statement of Overriding Considerations 55A -81 Chapter 3 Findings Regarding Project Alternatives Attachment "A" 3.4.21.3 Finding and Rationale for Alternative Site No. 19 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 19 infeasible. Alternative Site No. 19 would result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would reduce the Project's significant and unavoidable impact associated with Construction Configuration C.2 by two (2) weeks, this alternative would result in a significant unavoidable impact to the capacity of the South Bristol Street roadway for a total of 109 days (or 89 days longer than the proposed Project's significant unavoidable impact). Furthermore, construction of a lift station at Alternative Site No. 18 would exacerbate an existing parking deficiency at this existing commercial retail building both during construction and long -term operation. Significant impacts to parking would not occur under the proposed Project. In light of these considerations, the City finds that Alternative Site No. 19 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen any of the significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. This alternative would exacerbate an existing parking deficiency at an existing commercial shopping center, and would, therefore, fail to meet the Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to business would be further exacerbated by ongoing construction in close proximity to the existing commercial shopping center. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.22 Findings on Alternatives that were Considered but Eliminated from Detailed Analysis in the Draft EIR In addition to the 21 alternatives evaluated in the RDEIR, the Lead Agency considered two additional alternatives. Both of these alternatives were eliminated from detailed analysis in the EIR either because they did not meet the Project's basic objectives, would fail to reduce or avoid the significant impacts of the Project as proposed, and /or were determined at the outset to be infeasible. These alternatives are discussed below. 3.4.22.1 Saddleback High School Alternative This alternative would involve the construction of a lift station at Saddleback High School, either on a portion of the athletic field or parking lot adjacent to West Segerstrom Avenue. Such an alternative would not require the acquisition of privately owned property. The City hereby finds that specific economic, legal, social, technological, or other considerations make the adoption of this alternative infeasible. The Saddleback High School property is owned by a public entity, the Santa Ana Unified School District ( SAUSD). City staff inquired with the SAUSD about use of the school's property for construction the lift station facility. In a letter dated April 11, 2011, the SAUSD rejected the concept because: 1) the District is currently in the design phase of San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -43 CEQA Findings of Fact/Statement of Overriding Considerations A; LY96L Chapter 3 Findings Regarding Project Alternatives Attachment 'A" expanding the Saddleback High School and construction of the lift station would conflict with the District's on -going plans to provide additional student facilities; 2) construction in the parking lot adjacent to West Segerstrom would exacerbate already insufficient parking on -site for school events and activities; and 3) construction that would result in the loss of a portion of the school's athletic fields is prohibited under Title IX (1972 Education Amendments to the Civil Rights Act). SAUSD is unwilling to offer use of the school property for construction of the lift station, and has provided several reasons why construction of the lift station is inconsistent with ongoing SAUSD uses at the school site. Because the property in question is currently owned and used by the SAUSD, it is likely protected from the City's powers of eminent domain under the doctrine of prior public use. In order to challenge the school's ownership of the property, the City would be required to file suit to appropriate the site for a more necessary public use under Code of Civil Procedure §1240.610. Given the proposed use as a lift station facility, compared to the current use as an educational institution, such a suit would be unlikely to succeed. In any event, it is not City policy to exercise its eminent domain powers on school property for public works projects. For these reasons, construction of the lift station on the Saddleback High School campus is not feasible. Additionally, construction of a lift station on the campus of Saddleback High School would not reduce the significant and unavoidable short -term traffic impact associated with the proposed Project. Construction of a lift station facility at the Saddleback High School would require the construction of a manhole in the intersection of South Bristol Street/West Segerstrom Avenue, thereby resulting in a need to implement Construction Configuration C.2 for up to five (5) weeks during construction on a 24 -hour basis. As with the proposed Project, 24 -hour lane closures associated with Construction Configuration C.2 would result in a significant and unavoidable impact of the proposed Project. As implementation of Construction Configuration C.2 is the only impact of the proposed Project that cannot be reduced to less than significant levels with the incorporation of mitigation measures, this alternative site location would fail to meet CEQA's stated purpose of considering and discussing alternatives in an EIR. CEQA Guidelines §15126.6(b) requires that "...the discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project..." CEQA Guidelines § 15126.6(f)(2) further requires that, in making the decision to include or exclude analysis of an alternative site, the "...key question and first step in analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need to be considered for inclusion in the EIR." Since construction of the proposed Project at the Saddleback High School would fail to avoid or substantially lessen the Project's sole unavoidable impact to transportation /traffic, such an alternative is rejected as infeasible because it would fail to meet the standards for project alternatives as set forth in CEQA Guidelines § 15126.6(b) or § 15126.6(f)(2). 3.4.22.2 Retrofitted Segerstrom Lift Station Alternative Under this alternative, the City would retrofit and upgrade the existing Segerstrom Lift Station facility rather than constructing a replacement facility in another location. The City hereby finds that specific economic, legal, social, technological, or other considerations make the adoption of this alternative infeasible. This alternative would fail to meet several of the Project's basic objectives. Specifically, retrofitting of the existing Segerstrom Lift Station would not allow the City to house electrical equipment above - ground. In addition, retrofitting the existing lift station would require upgrades to existing electrical equipment and installation of additional equipment; the addition of new equipment would further restrict workable space within the facility, San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -44 CEQA Findings of Fact /Statement of Overriding Considerations A�:R] Chapter 3 Findings Regarding ProjectAitematIves Attachment "A" and therefore would not meet the Project's objective to "Provide a lift station facility that provides sufficient access space for maintenance of the lift station facility." Moreover, such an alternative would fail to meet the Project's objective to construct a replacement lift station facility located outside of the public rights -of -way so as to minimize potential safety conflicts between motorists and maintenance personnel. Finally, such an alternative would not achieve the Project's objective to construct a new lift station facility, as this alternative would not involve the construction of a new lift station but rather would involve upgrades to the existing facility. 3.4.23 Additional Findings 3.4.23.1 Findings Related to Recirculation of the RDEIR CEQA Guidelines Section 15088.5 describes the conditions under which a Draft EIR that was circulated for public review is required to be re- circulated for additional public review and comment. CEQA Guidelines Section 15088.5 states that new information added to a Draft EIR is not significant unless the Draft EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement. "Significant new information" requiring recirculation includes, for example, a disclosure showing that: • A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. • A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. • A feasible project alternative or mitigation measure considerably different from the others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project's proponents decline to adopt it. • The RDEIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. As described in Section F.2 of the Final EIR, No Revisions to the Proposed Project, following receipt of comments from the public in response to the 47 -day public review period for the RDEIR, the City evaluated the comments received and responded to all substantive comments (refer to Section F.3 of the Final EIR). As indicated in the responses to public comment letters provided in Section F.3 of the Final EIR, Responses to Comments, no comments were received on the RDEIR that warrant revision to the analysis of the Project's impacts to the environment. Additionally, the Final EIR does not identify any new significant environmental impacts that were not already identified by the RDEIR, and no new mitigation measures were imposed on the proposed Project that could result in a new significant environmental impact. The Final EIR also does not identify any increases in the severity of any environmental impacts that were disclosed in the RDEIR, and new mitigation measures are not required in order to reduce the severity of such environmental impacts to a level below significant. In addition, public comment letters on the RDEIR did not identify any new mitigation measures or alternatives to the proposed Project that are considerably different from those already evaluated by San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -45 CEQA Findings of Fact/Statement of Overriding Considerations A; LYeey Chapter 3 Findings Regarding ProjectMernattves Attachment "A" the RDEIR; accordingly, no feasible alternatives or mitigation measures were identified by the public that would clearly lessen the significant environmental impacts of the proposed Project. Finally, the City of Santa Ana finds that the RDEIR was comprehensive and thorough, and was sufficient to provide the public with meaningful opportunities to comment. Based on the foregoing, the City of Santa Ana has determined that recirculation of the RDEIR is not warranted pursuant to Section 15088.5 of the State CEQA Guidelines. 3.4.23.2 Finding Related to the Analysis of Alternatives The City Council finds that the RDEIR's analysis of alternatives complies with CEQA Guidelines Section 15126.6 by providing sufficient information about each alternative to allow meaningful evaluation, analysis and comparison with the proposed Project. Specifically, the detailed analysis in RDEIR Section 5.0 and the summary provided in the RDEIR Table 5 -1 give the City Council sufficient information about each alternative, both before and after mitigation, to permit a reasoned choice. The City Council further finds that while the EIR's assessment of potential feasibility of alternatives is informative, only City Council has the authority to make the findings required by CEQA. (CEQA Guidelines §15025(b)(2) [reviewing body may not delegate the making of findings required by CEQA Guidelines sections 15091 and 15093].) The findings presented herein reflect City Council's consideration of all comments received in the RDEIR and Final EIR, and reflect the City Council's final determination regarding feasibility, regardless of any statements of feasibility in the EIR. Finally, the City Council finds that using a submersible pump at the existing lift station as an alternative to the proposed project, as has been suggested by a commenter, is not feasible for all of the reasons set forth above in Section 3.4.22.2 of these Findings, explaining why the City would not retrofit and upgrade the existing Segerstrom Lift Station facility rather than constructing a replacement facility in another location. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -46 CEQA Findings of Fact/Statement of Overriding Considerations 55A -85 Chapter 3 Findings Regarding Project Alfemattim Attachment "A" Chapter 4 - Statement of Overriding Considerations 4.1 Introduction Section 15093 of the CEQA guidelines states: (a) CEQA requires the decision - making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reason to support its actions based on the final EIR and /or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. This Statement of Overriding Considerations describes the anticipated economic, social, and other benefits or other considerations of the Project to support the decision to proceed with the Project even though not all of the identified impacts are mitigated to a less - than - significant level. 4.2 Unavoidable Significant Adverse Impacts Even with mitigation measures identified in the Final EIR for the Project, the following significant impact is unavoidable because no feasible mitigation is available to further reduce the impact to a less- than - significant level. Refer to Chapter 2, CEQA Findings, for further clarification regarding the impact listed below. Transportation/Traffie Impacts to Intersection Operations During Implementation of Construction Configuration C.2 under Transportation /Traffic Threshold 1: Implementation of Construction Configuration C.2, which would occur on a 24 -hour basis for up to a total of five weeks, would result in deficient levels of service at the intersection of South Bristol Street /West Segerstrom Avenue between the hours of 7:15 a.m. to 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). This impact is considered a near -term impact, and would only occur during the five weeks of construction during which Construction Configuration C.2 would be in place. Mitigation Measures MM 3.4 -3 and MM 3.4 -5 have been imposed on the Project and will reduce, to the maximum feasible extent, the San Lorenzo Lift Station EIR (Project No. 06 -3510) 4 -47 CEQA Findings of Fact/Statement of Overriding Considerations • Chapter 3 Findings Regarding Project Atternathres Attachment "A' Project's impacts to this intersection. However, the only way to completely avoid this impact would be to prohibit traffic control measures during peak hours. Prohibiting traffic control measures is not technically feasible due to the extent of required improvements and associated traffic control measures. Furthermore, construction of a manhole within the intersection of South Bristol Street /West Segerstrom Avenue would require the excavation of a large hole that would preclude the City's ability to safely remove traffic control measures. Accordingly, the City finds that this impact is significant and unavoidable. 4.3 Overriding Considerations The City hereby finds that economic, legal, social, technological or other benefits of the Proposed Project outweigh the significant and unavoidable impacts identified in the EIR. In making this finding, the City has balanced the benefits of the Project against its unavoidable significant impact and has indicated its willingness to accept that adverse impact. The Santa Ana City Council finds that the following benefits of the Proposed Project warrant approval of the Proposed Project notwithstanding its significant, unavoidable environmental impact. Having (i) adopted all feasible mitigation measures, (ii) rejected as infeasible alternatives to the Project discussed above, (iii) recognized all significant, unavoidable impacts, and (iv) balanced the benefits of the proposed Project against the its significant and unavoidable impact, the City hereby finds that its benefits outweigh and override its significant unavoidable impact for the reasons stated below. Each benefit set forth below constitutes an overriding consideration warranting approval of the Project, independent of the other benefits, despite the Project's unavoidable impact. 4.3.1 Project Benefits 1. The construction and operation of a lift station facility facilitates a public need for the conveyance and treatment of wastewater generated in this portion of the City, and the Project is necessary to ensure the City's continued ability to provide for this essential public service. 2. The Project will provide for a new replacement lift station incorporating modern equipment that will reduce the potential for sewer spills and equipment failure in the local area as compared to existing conditions. 3. The Project will provide for a new lift station facility that houses electrical equipment above ground, thereby reducing the potential for power failures during peak storm events as compared to the existing condition. 4. The Project will enhance the safety of City maintenance personnel by providing for a replacement lift station that is located outside of the rights -of -way of major thoroughfares and that provides ample working space to conduct maintenance activities. 5. The Project will reduce long -term impacts to transportation /traffic and will improve vehicular safety by eliminating the need for lane closures during routine maintenance of the lift station facility, which is required under existing conditions. 6. The Project will incorporate modern odor control equipment that will reduce the potential for exposing nearby sensitive receptors to objectionable odors as compared to existing conditions. 7. The Project will provide for landscape and hardscape improvements that will enhance the appearance of the Project area. San Lorenzo Lift Station EIR (Project No. 06 -3510) 4 -48 CEQA Findings of Fact/Statement of Overriding Considerations 55A -87 Chapter 3 Findings Regarding Protect Alternatives Attachment "A" 8. The Project will provide all of the benefits listed above at a small, vacant, undeveloped property through which the City has an existing sewer easement, and in close proximity to the existing Lift Station, which minimizes the length of new sewer main required. San Lorenzo Lift Station EIR (Project No. 06 -3510) 4 -49 CEQA Findings of Fact /Statement of Overriding Considerations ATTACHMENT "B" SAN LORENZO LIFT STATION PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Prepared for: The City of Santa Ana Public Works Agency Water Resources Division 200 S. Daisy Avenue Corporate Yard, MS 85 Santa Ana, CA 92703 Prepared by. T &B Planning, Inc. 17542 East 17'h Street, Suite 100 Tustin, CA 92780 February 2012 � ;L"m96 % ATTACHMENT "B" Mitigation Monitoring and Reporting Program 1.1 Introduction This document reflects the Mitigation Monitoring and Reporting Program (MMRP) requirements of Public Resources Cod (PRC) Section 21081.6. The California Environmental Quality Act (CEQA) Guidelines Section 15097 states: ...In order to ensure that the mitigation measures and project revisions identified in the EIR or negative declaration are implemented, the public agency shall adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects. A public agency may delegate reporting or monitoring responsibilities to another public agency or to a private entity which accepts the delegation; however, until mitigation measures have been completed the lead agency remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program. 1.2 Enforcement In accordance with CEQA, the primary responsibility for making determinations with respect to potential environmental effects rests with the lead agency rather than the monitor or preparer. As such, the City of Santa Ana is identified as the enforcement agency for this MMRP. 1.3 Program Modification After review and approval by the lead agency, minor changes to the MMRP are permitted but can only be made by the City of Santa Ana. No deviations from this MMRP shall be permitted unless it continues to satisfy the requirements of PRC Section 21081.6, as determined by the lead agency. 1.4 Mitigation Monitoring and Reporting Program The organization of this MMRP follows the subsection formatting style as presented within the San Lorenzo Sewer Lift Station Final Environmental Impact Report (FEIR). Only those subsections of the environmental issues presented in the EIR that have mitigation measures are provided below in Table 1, Mitigation Monitoring and Reporting Program Matrix. All other subsections in the EIR do not contain mitigation measures. 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O � °' � v ti c ay�i G � G cn ca c❑ a a� c O U `"^ �a a a� o ¢' •� c a' 4 N bp o U U F" 'c > .O a, Q v, O c ° N °J °' ° a.) y 0 0 3 a �q a o c y 'S 0 (ID c o v Q o c bA bo -o b o •b4 ._ c U ; C] w o 0 U a. .- -, O Y s.. .� a y r� L •71 N by •iC .L O C c .c .� O U Y ai �l C .� c y oo <'" O V] s, p �? •� O tb -C bq bA U h U° N Y U •`� .�O. bq W .G ca G ° 2 2 3 W ro U ° �' w o H'� u o a°'i o >, E a S b o Y o °z J O Z a a'� o a> U o c❑ to o o "' a °c o O Q W caUQ ca ca M rM 0 M z° a O � W � •�; by � c � o N � o G ����_d_[�I�� Exhibit 3 0 SAN LORENZO SEWER LIFT STATION ME] ENVIRONMENTAL IMPACT REPORT S.0 ExECUTIVE SUMMARY S.0 EXECUTIVE SUMMARY S.1 INTRODUCTION The California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq. requires that before a public agency makes a decision to approve a project that could have one or more adverse effects on the physical environment, the agency must inform itself about the project's potential environmental impacts, give the public an opportunity to comment on the environmental issues, and take feasible measures to avoid or reduce potential harm to the physical environment. This Environmental Impact Report (EIR), having California State Clearinghouse No. 2010041028, has been prepared in accordance with CEQA Guidelines Article 9, Sections 15120 to 15132, to evaluate the potential environmental impacts associated with planning, constructing, and operating the proposed San Lorenzo Sewer Lift Station Project (herein, the Project). This EIR does not recommend either approval or denial of the proposed Project; rather, it is a source of impartial information regarding potential impacts that the Project may cause to the physical environment. The Draft EIRwill bewas initially made available for public review for a period of 45-58 days (from July 14 through September 10, 2010). In response to the public review period for the Draft EIR the City of Santa Ana received seven (7) comment letters. The City also received a public comment letter just prior to final consideration of the FEIR, which contained new information that the City decided to evaluate further. Based on a review of the comments provided, the City opted to eland the EIR's analysis of alternative locations for the proposed project and incorporate other minor revisions into the Draft EIR The City also decided to recirculate the EIR pursuant to CEQA Guidelines § 15088.5(a). Accordingly, the Recirculated Draft EIR (RDEIR) will be made available for an additional 45 -day public review period. After consideration of public comments received in response to the RDEIR, the City of Santa Ana will consider certifying the Final EIR and adopting required findings in conjunction with Project approval. In the case that there are any adverse environmental impacts that cannot be fully mitigated, the City of Santa Ana must adopt a Statement of Overriding Considerations prior to Project approval, stating why the Project is being approved despite its unavoidable impacts. This Executive Summary has been prepared in accordance with CEQA Guidelines Section 15123. This EIR includes a description of the proposed Project and evaluates the physical environmental impacts that could result from planning, constructing, and operating the Project. The scope of this EIR has been narrowed to six subject areas through the completion of an Initial Study prepared by the City of Santa Ana pursuant to CEQA Guidelines Section 15063, and in consideration of public comment received by the City in response to this EIR's Notice of Preparation (NOP). The Initial Study, NOP, and written comments received by the City in response to the NOP, are attached to this EIR as Appendix A. As determined by the Initial Study and in consideration of public comment on the NOP, the six environmental subject areas that could be reasonably and significantly affected by the Project are analyzed herein, including: 1. Air Quality 4. Transportation and Traffic 2. Hazards and Hazardous Materials 5. Utilities and Service Systems (Wastewater) 3. Noise 6. Water Quality and Hydrology Refer to Section 3.0, Environmental Analysis, for a full account and analysis of the subject matters listed above. As mentioned, the scope of this EIR has been narrowed to these six subject areas through the completion of an Initial Study pursuant to CEQA Guidelines Section 15063, and in consideration of public comment to this EIR's NOR Subject areas for which the Initial Study concluded that impacts would be PAGE S -1 55A -101 ■ ■ SAN LORENZO SEWER LIFT STATION On ENVIRONMENTAL IMPACT REPORT Exhibit 3 S.0 ExECUiNE SUMMARY clearly less than significant and that do not warrant further analysis in this EIR are addressed in Section 4.4, Effects Found Not to Be Significant. For each of the six subject areas analyzed in Section 3.0, this EIR describes: 1) the physical conditions that existed at the approximate time this EIR's NOP was filed with the California State Clearinghouse (April 12, 2010); 2) discloses the type and magnitude of potential environmental impacts resulting from Project planning, construction, and operation; and 3) if warranted, recommends feasible mitigation measures that would reduce or avoid any significant adverse environmental impacts that the Project may cause. A summary of the Project's significant environmental impacts and the mitigation measures imposed by the City of Santa Ana to lessen or avoid those impacts is included in this Executive Summary as Table S.1, Mitigation, Monitoring, and Reporting Program. This EIR also discusses alternatives to the proposed Project. Alternatives are studied that would attain most of the Project objectives while avoiding or substantially lessening the proposed Project's significant environmental effects. A full discussion of Project alternatives is found in EIR Section 5.0, Alternatives. S.2 PROJECT OVERVIEW S.2.1 LOCATION AND REGIONAL SETTING The proposed Project site is located in the southern portion of the City of Santa Ana, in the vicinity of South Bristol Street and West Segerstrom Avenue. It includes all ground area that would be physically altered by the Project's construction and operation. The Project site includes the location of the existing Segerstrom Lift Station, which is proposed to be abandoned and demolished as part of the Project. The existing Segerstrom Lift Station is located along the eastern side of South Bristol Street, approximately 258-275 feet north of the intersection of South Bristol Street and West Segerstrom Avenue. The proposed Project site also is composed of an approximately 900 square -foot area north and adjacent to West Segerstrom Avenue, at the western terminus of San Lorenzo Avenue, which would be the site of the new proposed San Lorenzo Lift Station. Additionally, the Project site also includes the area of ground disturbance needed to install proposed subsurface sewer lines in South Bristol Street and West Segerstrom Avenue between the existing and proposed lift station facilities, and associated areas of roadway resurfacing. Refer to Figure 2 -2, Aerial Photograph, in Section 2.0. S.2.2 PROJECT OBJECTIVES, PURPOSE AND NEED The primary objective of the proposed Project is to provide a new sewer lift station to replace the existing Segerstrom Lift Station, which was originally constructed in the 1960s, most recently upgraded in 1989, and has since exceeded its design life. it has beeetme inadequate to handle existing Pews and-4*S obsolete in eempaFiSOH modem lift station designs. Under existing conditions, the Segerstrom Lift Station is prone to frequent maintenance (two to three times per week) in order to clear blockages due to debris collected in the system. In addition due to the age of the equipment the existing pumps and other equipment are subject to frequent mechanical failure (requiring maintenance) and it is difficult to obtain necessary replacement parts for the existing facility. The new pump station provides standby pumps in the event a pump is lost and includes grinders and a larger wet well to address debris within the collection system. Needed r-edundaneies asseeia4ed with the e?iisting lift station are inadequate in that twe pumps are f equently operated near- °paeity without ° third standby pump. The provision of a new sewage lift station and associated infrastructure would ensure that sewage flows are adequately conveyed to downstream wastewater treatment facilities while minimizing the risk of potential sewer spills. The following is a list of objectives sought by the City of Santa Ana in pursuing the proposed Project. PAGE S -2 55A -102 Exhibit 3 ■ ■ SAN LORENZO SEWER LIFT STATION 0 E ENVIRONMENTAL IMPACT REPORT S.0 ExEcum SUMMARY • To construct a new sewer lift station (the San Lorenzo Lift Station) near the intersection of South Bristol Street and West Segerstrom Avenue to replace an existing lift station that has exceeded its design life (the Segerstrom Lift Station). • To install modern lift station equipment and associated wastewater conveyance infrastructure to *de system r-edoodaneies in order- to reduce the potential of a sewer spill or equipment failure. • To provide a lift station facility in which electrical components of the facility are housed above ground so as to preclude the potential for electrical failure during peak storm events (due to flooding). • To construct a lift station facility that provides sufficient access space for maintenance of the lift station facility. • To avoid detrimental effects to existing businesses during construction and long -term operation of the lift station facility to the extent feasible. • To improve safety for both motorists and City workers by providing for an above - ground lift station facility located outside of existing roadway rights -of -way. • To minimize odor - related nuisances to land uses in close proximity to the new sewer lift station through the installation of a gravity odor control system. • To install landscape and hardscape improvements in areas that will be disturbed by lift station and associated subsurface infrastructure construction. • To safely demolish and abandon the existing Segerstrom Lift Station in accordance with applicable federal, state, and local regulations and standards. S.2.3 PROJECT DESCRIPTION SUMMARY The City of Santa Ana is proposing to construct and operate a new sewer lift station (the San Lorenzo Lift Station) to be located at the end of the western terminus of San Lorenzo Avenue, immediately north of West Segerstrom Avenue and south of an existing alley. The proposed sewer lift station would replace the existing Segerstrom Lift Station, which is located beneath South Bristol Street approximately 790 -420 linear feet to the west of the proposed new lift station site. The existing Segerstrom Lift Station has exceeded its design life and would be demolished and abandoned once the proposed San Lorenzo Lift Station is operational. The proposed lift station would be housed within an approximate 8 -foot by 30 -foot block structure, measuring approximately 17 feet in height. The structure's exterior walls would be tan in color and the roof material would be composed of brown metal roofing with a simulated Spanish tile pattern. Access into the interior of the structure would be provided via two doors on the southern face of the structure and two doors on the eastern face of the structure. Exterior lighting would be limited to security lighting above the entrance doors. The following facilities would be installed within or beneath the block structure: electrical panels and control center; a below - ground wet well of sufficient size and depth to prevent back up and surcharging of the upstream sewer mains; a below - ground dry well to house the pumps, motors, associated equipment and appurtenances; a gravity odor control system; and a stairway access into the dry well. In order to construct the San Lorenzo Lift station in its proposed location, a temporary construction easement would be placed over an approximately 499465 square-foot _L_ .) area west of the western terminus of San Lorenzo Avenue and immediately re4w of West Seger- str -o., kyen . °to the west and north of the lift station facility. It should be noted that the 465 s.f. temporary construction easement would be in addition to PAGE S -3 55A -103 Exhibit 3 ■ ■ SAN LORENZO SEWER LIFT STATION ■� ENVIRONMENTAL IMPACT REPORT S.O Encu yE SUMMARY the existing 20 -foot sewer easement and the permanent condemnation of approximately 292 s.f. of private property. The temporary construction easement would encompass an area consisting of the first five (5) feet westerly of the existing wall and the first ten (10) feet northerly of the existing wall (refer to Section 2.4.3 for a detailed description of the temporary construction easement). Additionally, the City of Santa Ana would need to acquire permanent title to approximately 292 square feet of private property, which is owned by Santa Ana California Lodge, LLC (Studio Inn, APN 410 - 411 -19). This property would be acquired by the City in any manner authorized by law, which in proper circumstances could potentially include adoption of a resolution of necessity by the Santa Ana City Council. Around the new lieft station, landscaping and hardscape improvements are proposed. The Project includes the repaving of a portion of the western end of San Lorenzo Avenue, portions of an existing alley, and a portion of West Segerstrom Avenue, along with the installation of new sidewalks in areas where existing sidewalks have fallen into a state of disrepair and /or would be demolished during lift station construction. An existing wall separating the proposed lift station site from an existing, adjacent motel (Studio Inn) would be removed and replaced with a new, six -foot tall, tan - colored block wall. Some existing landscaping along West Segerstrom Avenue would remain. New landscaping would be installed in a triangular area located between the proposed lift station building and the sidewalk along West Segerstrom Avenue, and would include the planting of one 24 -inch box tree (Brisbane Box), along with shrubs and groundcover (Silverberry and Autumn Sage). Hardscape improvements adjacent to the new lift station would include the installation of new sidewalk, curb, and gutter. The Project also proposes the installation and operation of approximately 1,300 linear feet of new underground sewer infrastructure, including approximately 560 linear feet of 15 -inch gravity sewer pipe; approximately 190 linear feet of 12 -inch gravity sewer pipe; approximately 545 linear feet of 10 -inch force main; and sewer manholes and appurtenances. Construction of these new facilities would occur beneath the paved rights -of -ways of South Bristol Street and West Segerstrom Avenue. The new infrastructure would be needed to connect several existing sewer mains to the new proposed San Lorenzo Lift Station. After construction of the San Lorenzo Lift Station is complete and the new subsurface sewer pipes and manholes are installed, the new lift station would move effluent through the station and into gravity sewer lines, which would convey the sewerage to an existing Orange County Sanitation District (OCSD) treatment facility. Effluent would continuously flow through the San Lorenzo Lift Station and would not be stagnant. The new lift station would replace the Segerstrom Lift Station and would not increase the capacity of the City's existing sewer system. The new lift station facility would be constructed with odor control devices and the City would regularly monitor the facility to ensure it is functioning properly. After the new San Lorenzo Lift Station has been constructed and is in operation, demolition of the existing Segerstrom Lift Station would occur. Demolition activities would involve abandonment in place of the existing lift station, including the removal and disposal of all lift station equipment and filling of the existing wet well manhole with sand. An existing generator, located southerly of the existing lift station, would remain in place and would serve as a back -up power source for the proposed new San Lorenzo Lift Station. Finally, some removal and replacement of existing sidewalk and roadway pavement would occur in association with proposed demolition activities, including the removal /replacement of an existing 80 -foot long by 12 -foot wide bus pad located immediately south of the existing Segerstrom Lift Station facility. Demolition of the existing Segerstrom Lift Station would occur in conformance with all applicable federal, state, and local regulations and standards. Lastly, resurfacing of roadway segments disturbed by Project construction would occur. PAGE S -4 55A -104 Exhibit 3 ■■ SAN LORENZO SEWER LIFT STATION M0 ENVIRONMENTAL IMPACT REPORT S.O EXECUTIVE SUMMARY A complete description of the Project is contained in Section 2.0, Project Description, of this EIR. Please refer to Section 2.0 for additional information, including a detailed description of the construction process and schedule. S.3 EIR PROCESS In December 2008, the City of Santa Ana prepared a CEQA Initial Study and Mitigated Negative Declaration (MND) for the proposed Project. The MND disclosed adverse environmental impacts in the areas of air quality (odor) and short-term construction - related traffic. Mitigation measures were presented in the MND to reduce those impacts to below levels of significance. The MND was circulated for public review, and then approved by the City of Santa Ana on February 2, 2009. Subsequently, the MND was challenged in California Superior Court by an adjacent property owner, Santa Ana California Lodge, LLC. As a result, the Court ordered that the City vacate its approval of the MND, and further required preparation of a project EIR. As a first step in complying with the procedural requirements of CEQA for an EIR, an Initial Study (refer to EIR Appendix A) was prepared by the City of Santa Ana to determine whether any aspect of the proposed Project, either individually or cumulatively, may cause a significant adverse effect on the physical environment. For this Project, the Initial Study indicated that this EIR should focus on five (5) of the six (6) environmental subject areas listed above in Subsection S.1. After completion of the Initial Study, the City filed a NOP with the California Office of Planning and Research (State Clearinghouse) to indicate that an EIR would be prepared. In turn, the Initial Study and NOP were distributed for a 30 -day public review period, which began on April 12, 2010 and ended on May 12, 2010. Written comments on the scope of the EIR were received during those 30 days, and were considered by the City during the preparation of this EIR. After considering public comments on the NOP, the City decided that a sixth subject area (Water Quality and Hydrology), which was not identified in the Initial Study as warranting further analysis, should be added as a subject area to be further analyzed in this EIR. According to CEQA Guidelines Section 15082(c)(1), an advertised public meeting (called a scoping session) was not required because the Project is not of statewide, regional, or area -wide significance as defined by CEQA Guidelines Section 15206. This EIR i �was being- circulated for review and comment by the public and other interested parties, agencies, and organizations for a 4558 -day review period, which extended from July 14 through September 10, 2010. In response to the public review period for the Draft EIR, the City of Santa Ana received seven (7) comment letters. The City also received a public comment letter just prior to final consideration of the FEIR, which contained new information that the City decided to evaluate further. Based on a review of the comments provided, the City of Santa Ana opted to expand the EIR's analysis of alternative locations for the proposed project and to incorporate other minor revisions into the Draft EIR. The City also decided to recirculate the EIR pursuant to CEQA Guidelines Section 15088.5. During the 45 -day public review period for the RDEIR, public notices announcing availability of the EIR will be mailed to interested parties, advertisements will be posted in the local newspaper, and copies of the Draft El RDEIR and its Technical Appendices will be available for review at the following locations: City of Santa Ana Public Works Agency, Water Resources Division, 200 S. Daisy Avenue, Santa Ana, CA 92703; and City of Santa Ana Public Works Agency, First Floor, 20 Civic Center Plaza, Santa Ana, CA 92701. After the close of the 45 -day E4RRDEIR public comment period, responses to written comments on the environmental effects of the proposed Project will be prepared and published. The Final EIR will then be PAGE S -rJ 55A -105 Exhibit 3 ■ ■ SAN LORENZO SEWER LIFT STATION ■FI ENVIRONMENTAL IMPACT REPORT S.O ExFCunyE SUMMARY considered for certification by the City of Santa Ana City Council in a public hearing(s). The City Council will review and consider the Final EIR prior to deciding to approve, approve with revision, or reject the proposed Project. Approval of the proposed Project would be accompanied by the adoption of written findings and a statement of overriding considerations for any significant unavoidable environmental impacts identified in the Final EIR. In addition, the City must adopt a Mitigation, Monitoring, and Reporting Program (MMRP), which describes the process to ensure implementation of the mitigation measures identified in the Final EIR to reduce or avoid significant impacts on the physical environment. The MMRP, which is included as Table S -1 in this EIR, will ensure CEQA compliance during Project construction and operation. S.4 AREAS OF CONTROVERSY AND ISSUES TO BE RESOLVED CEQA Guidelines Section 15123(b)(2) requires that areas of controversy known to the Lead Agency (City of Santa Ana Public Works Agency, Water Resources Division) be identified in the Executive Summary. The Lead Agency is aware of one issue of controversy: • Opposition of Santa Ana California Lodge, LLC (Studio Inn, APN 410- 411 -19), to City acquisition of a temporary construction easement affecting their heir property (comprising approximately 465 s.f. in area), and opposition to Ci1y acquisition of permanent title to approximately 292 square feet of their private property in order to construct the proposed San Lorenzo Lift Station. Regarding issues to be resolved, this EIR addresses the environmental issues that are known by the City and that are identified in the Initial Study prepared for the Project (refer to Appendix A of this EIR). Four (4) written comment letters were received by the City on this EIR's NOP, copies of which are also included in Appendix A. Environmental topics raised in written comment to the NOP are primarily related to the issue areas of air quality (including odor), noise, traffic, water quality /drainage, and hazardous materials. Refer to Table 1 -2, Summary of NOP Comments, in Section 1.0 of this EIR. S.5 ALTERNATIVES TO THE PROPOSED PROJECT In compliance with CEQA Guidelines Section 15126.6, an EIR must describe a range of reasonable alternatives to the Project or to the location of the Project. Each alternative must be able to feasibly attain most of the Project's objectives and avoid or substantially lessen the Project's significant effects on the environment. A detailed description of each alternative evaluated in this EIR, as well as an analysis of the potential environmental impacts associated with each alternative, is provided in Section 5.0, Alternatives. Also described in Section 5.0 is a list of alternatives that were considered, but rejected from further analysis. The alternatives considered by this EIR include those listed below. S.5.1 NO PROJECT ALTERNATIVE The No Project Alternative is included in the Alternatives analysis as required pursuant to CEQA Guidelines Section 15126.6(e), which requires evaluation of an alternative that considers what would reasonably be expected to occur on the property in the foreseeable future if the Project were not approved, based on current plans and consistent with available infrastructure and community services. For purposes of analysis in this EIR, the No Project Alternative assumes that the proposed Project would not be approved; meaning that the existing Segerstrom Lift Station facility located beneath South Bristol Street would not be demolished and would continue operating in its existing condition into the foreseeable future. Construction of a new lift PAGE S -6 Exhibit 3 NO SAN LORENZO SEWER LIFT STATION ■o ENVIRONMENTAL IMPACT REPORT S.0 EXECUTIVE SUMMARY station facility, new underground sewer infrastructure, and sewer manholes and appurtenances as a replacement for the Segerstrom Lift Station would not occur. S.5.2 MODIFIED CONSTRUCTION CONFIGURATION C.Z ALTERNATIVE As described in EIR Section 3.4, implementation of the proposed Project would result in a significant unavoidable impact at the intersection of South Bristol Street at West Segerstrom Avenue for up to five weeks during construction activities within the intersection and /or when construction activities require access to two (2) northbound lanes within South Bristol Street northerly of the intersection. In order to avoid this significant unavoidable impact, Construction Configuration C.2 would need to be altered to include timing restrictions so as to avoid traffic control measures between the hours of 7:15 a.m. to 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. According to the Project's engineer, such time restrictions would limit construction activities to about 1 -2 hours per day before construction activities would need to cease in order to ensure that traffic control is removed by 2:30 p.m. Such time restrictions are considered infeasible from a practical perspective because they would dramatically elongate the construction schedule for construction activities within the intersection from up to 158 days (3-2 weeks Monday - Friday) to approximately 6040- 12050 days (based on an assumption of one to two working hours per day with traffic control, and approximately 12058 working hours needed to complete construction within the intersection). The time restrictions also would elongate the construction schedule for work within South Bristol Street, which would increase from approximately 10-5 days (23 weeks Monday – Friday) to 4060-804-2-0 days (based on an assumption of one to two working hours per day with traffic control, and approximately 800 working hours needed to complete the portion of construction within South Bristol Street requiring access to two northbound travel lanes). With an elongated construction schedule of up to 200 days (403-5 weeks, or nearly 1013 months), construction costs would be increased and construction equipment and associated activities would be a nuisance to adjacent land uses for a longer period of time. However, as shown on EIR Figure 3.4 -8, acceptable levels of service at the intersection of South Bristol Street/West Segerstrom Avenue could be maintained between the hours of 6:45 p.m. and 7:00 a.m. without elongating the construction schedule. Assuming that traffic control measures would require approximately four hours (i.e., two hours to set up and two hours for removal), this would allow for approximately 8.25 working hours per day for improvements within the intersection of South Bristol Street /West Segerstrom Avenue. Therefore, this nighttime construction alternative, identified herein as the "Modified Construction Configuration C.2 Alternative," considers modifying the construction schedule for the ..el4iells of construction Phases 44—,14; and 16 involving ^anntransitioning the existing sewer within Bristol to the new lift station within the int eetion and viedc v,,ithi . South B -istal Street so as to limit the hours of traffic control and construction activities to between the hours of 6:45 p.m. and 7:00 a.m. (nighttime). Impacts to the intersection of South Bristol Street /West Segerstrom Avenue still would occur under this alternative during Construction Phase 11, as Construction Phase 11 would require implementation of Construction Configuration C.2 for a period of up to three weeks on a 24 -hour basis. Implementation of the Modified Construction Configuration C.2 Alternative would otherwise be identical to the proposed Project. The Modified Construction Configuration C.2 Alternative was selected for consideration in order to a reduce by two weeks the duration of the Project's significant and unavoidable short-term traffic impacts to the intersection of South Bristol Street/ West Segerstrom Avenue. S.5.3 ALTERNATIVE SITES This EIR evaluates a total of 19 alternative site locations for the proposed San Lorenzo Lift Station facility. The alternative site locations selected for consideration in this EIR include a reasonable range of potential PAGE S -7 55A -107 Exhibit 3 ■■ SAN LORENZO SEWER LIFT STATION ■� ENVIRONMENTAL IMPACT REPORT S.O EXECUTIVE SUMMARY development sites that would not require demolition of existing uses and are located in the vicinity of the existing Segerstrom Lift Station For purposes of evaluation herein each of the 19 alternative sites is anticipated to be developed with an approximate 8 -foot 8 -inch by 36 -foot 8 -inch block above - ground structure with an approximate height of 17 feet. The lift station equipment and appurtenances housed within and below the block structure would be similar to the proposed Project. Development of a lift station at each of the 19 alternatives sites would require a final site area of approximately 1,290 square feet, including the block structure a 5 -foot buffer area around the structure, and a clearance zone for hatches /manholes providing_ access to the below ground facilities. An area comprising approximately 6,420 square feet would temporarily be required for construction and staging at each of the alternative sites. Like the proposed Project development of a lift station at any of the alternative sites would require the demolition of the existing Segerstrom Lift Station. The location of the alternative sites under consideration are depicted on Figure 5 -1, Alternative Site Locations, and summarized below. • Alternative Site No. 1 would be sited at the western end of San Lorenzo Avenue, but would occur fully within existing public rights-of-way (including the temporary construction and staging areas). • Alternative Site No 2 would be sited within an existing City park located at the northeast corner of the West Segerstrom /South Shelton Street intersection. • Alternative Site No 3 would be sited in the parking lot of an existing medical office and retail center (2835 South Bristol Street). • Alternative Site No. 4 would be sited within an undeveloped parcel located behind 2402 South Bristol Street. • Alternative Site No. 5 would be sited in the parking lot of an existing commercial complex (approximately 3001 -3005 South Bristol Street). • Alternative Site No. 6 would be sited in the parking lot of an existing commercial center (approximately 2840 South Bristol Street). • Alternative Site No. 7 would be sited would be sited in the parking lot of an existing commercial center (approximately 2840 South Bristol Street). • Alternative Site No. 8 would be sited in the parking lot behind an existing medical office building (2810 South Bristol Street). • Alternative Site No. 9 would be sited in the parking lot behind an existing medical complex (2720- 2740 South Bristol Street). • Alternative Site No. 10 would be sited in the parking lot behind an existing medical building (2700 South Bristol Street). • Alternative Site No. 11 would be sited in the parking lot behind an existing medical building (2650 South Bristol Street). • Alternative Site No. 12 would be sited in the parking lot of an existing hospital (2701 South Bristol Avenue). • Alternative Site No. 13 would be located in the parking lot in front of an existing commercial building (2449 South Bristol Street). PAGE S -8 Exhibit 3 ■■ SAN LORENZO SEWER LIFT STATION ■� ENVIRONMENTAL IMPACT REPORT S.O ExECUTIVE SUMMARY • Alternative Site No 14 would be located in the parking lot of an existing commercial complex (located at the southeast corner of the intersection of South Bristol Street and West Warner Avenue). • Alternative Site No 15 would be located in the parking lot of an existing commercial complex (located at the southeast corner of the intersection of South Bristol Street and West Warner Avenue). • Alternative Site No 16 would be located within Carl Thornton Park (1801 West Segerstrom Avenue). • Alternative Site No 17 would be located in the parking lot of an existing commercial complex (approximately 3200 South Bristol Street). • Alternative Site No 18 would be located in the parking lot of an existing commercial center (approximately 3300 South Bristol Street). • Alternative No 19 would be located in the parking lot of an existing commercial center (approximately 3301 -3365 South Bristol Street). S.6 SUMMARY OF IMPACTS PROJECT REQUIREMENTS, MITIGATION MEASURES, AND CONCLUSIONS S.6.1 EFFECTS FOUND NOT TO BE SIGNIFICANT The scope of this EIR has been narrowed to six (6) subject areas through the completion of an Initial Study prepared by the City of Santa Ana pursuant to CEQA Guidelines Section 15063 and CEQA Statute Section 21002.1(e), as well as consideration of public comment received by the City on this EIR's NOP. The Initial Study, NOP, and public comments received in response to the NOP, are attached to this EIR as Appendix A. Subject areas for which the Initial Study concluded that impacts would be clearly less than significant and that do not warrant further analysis in this EIR include: Aesthetics, Agricultural Resources, Biological Resources, Cultural Resources, Geology and Soils, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, and Utilities and Service Systems (except wastewater). The EIR addresses these topics in Section 4.4, Effects Found Not To Be Significant. S.6.2 IMPACTS OF THE PROPOSED PROJECT Table S -1, Mitigation, Monitoring, and Reporting Program, provides a summary of the proposed Project's environmental impacts. Also presented are the Project's design features and the mandatory regulatory requirements that would serve to reduce or avoid impacts, as well as the mitigation measures imposed on the Project by the City of Santa Ana to further avoid adverse environmental impacts or to reduce their level of significance. PAGE S -9 M W N U w W O N v rn O v d C O Q. c v d, c C O O v Ol 2 N L ro,, v Z O Q 2 H W H LL H J Q � a N Z N W oc Z JZ 055 N W 55A -110 d� Q a Iz U Y N lu c° o ro ,> to U U ro O U Y a O U ` L o O y G L W w O O W w O O o � a cl . 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O W7 bq vl U O Y U N y H G G o th c 0 w �° 3 o UH c3 0 0 U o 0 0 n lu o❑ U a o G o 0 U U O O O U ca ..O ca z cC � r � M V M Y � O 7 o 0 3 0�A U O O vi O G � U U bGA U N � O � N � O O p C1. ° a � 55A -117 Lu Q CV) � 2 � 2 � 2 § LU LU 0 ui z _ o 92 L& I.- CL 2 � § z LU 2 0 0 32 � k 2 \ / 5 \\ ]~ 7\ / ) &\a \�\ \ < ®\g\\r ±ee� auem gEow) >2 E s I bl) z & ca, -0 $= § 2 , { ®§ ƒ2U ca - p z »t.2 3 br-11 ) \ k / \ \ \\ 3w §erg ±a. /yam \ : cIn. \\ \ \ ƒ�)[k \2 55A-1 1 8 � k � MEMORANDUM Paul Walters To: Interim City Manager Date: February 13, 2012 Raul Godinez II, P.E. From: Executive Director, Public Works EXHIBIT 4 Subject: Response to Letter from Silvestein Law Group, dated January 13, 2012 BACKGROUND The City has prepared an Environmental Impact Report (EIR), which analyzes the proposed construction of a new sewer lift station at the end of San Lorenzo Avenue. This facility would replace the existing lift station located beneath Bristol Street approximately 700 feet west of the proposed site. The existing sewer lift station is ridden with problems, all of which exemplify the need for a new facility, including: • Location is difficult to access beneath Bristol Street • Routine maintenance requires the closure of a travel lane and disruption of traffic on Bristol Street • Mechanical and electrical equipment are old and difficult to maintain in proper operating condition. • Station access is a manhole that floods during rainy conditions. • To perform maintenance crews must enter through the manhole and descend a 15 foot ladder carrying tools and equipment. • Working area in mechanical room (dry pit) is tight and cramped. • Existing computer software is old and obsolete compared to existing technology and support is not readily available. • Electrical panels are outdoors — set on back of sidewalk, and exposed to the elements. The EIR for the San Lorenzo Sewer Lift Station was scheduled for Council consideration on January 17, 2012. On the morning of January 17th the City received a letter from the Silverstein Law Firm citing objections to the EIR. SUMMARY RESPONSE Mr. Silverstein claims the project description is inaccurate, accuses the City of deliberately providing misleading information, questions the need for the project, and states that the project does not meet the stated project objectives. Mr. Silverstein also maintains the alternative sites analysis included in the EIR is inadequate and incomplete. 55A -119 Memo to Councilmembers February 2, 2012 Page 2 EXHIBIT 4 The need for the project is self evident due to the problems associated with maintaining the existing facility, some of which are listed above. The project objective is to alleviate these problems and provide a more reliable, safer, easier to maintain facility, with improved working conditions away from the traffic congestion on Bristol Street. The proposed site location is the best and most effective location for these improvements. It is a small, vacant, undeveloped piece of land at the end of San Lorenzo Avenue through which the City has an existing sewer easement. It is also in close proximity to the existing Lift Station which minimizes the length of new sewer main required. In regards to the alternative site analysis, the EIR evaluated a total of 19 alternative sites, most of which were identified by Mr. Silverstein himself. The majority of these alternative sites are fully developed parcels used by businesses, restaurants, retail establishments and medical facilities, or would involve construction within a park, e.g., the Segerstrom Triangle Park or the Carl Thornton Park. In his letter, Mr. Silverstein also suggests the alternative of revamping the existing lift station using the existing 8 foot diameter wet well and installing submersible pumps. Mr. Silverstein's engineer estimated the cost of this alternative at $748,000, which may or may not be accurate, but is certainly less than the $3.5 million cost estimate for the new station. However, this scenario is flawed and does not meet a number of the project objectives, as it would leave the facility within the Bristol Street right -of -way, and would not alleviate any of the associated problems noted above. A detailed response to each of the objections noted in Mr. Silverstein's letter is attached to this memorandum as Exhibit A. A technical response from TetraTech is attached as Exhibit B. Exhibit A: Responses to The Silverstein Law Group's letter Exhibit B: Response from TetraTech Exhibit C: Silverstein Law Group Letter, dated January 13, 2012 c: Mayor and City Council Joe Straka, Interim City Attorney Jose Sandoval, Chief Assistant City Attorney Ray Burk, Water Resources Manager Steve Worrall, Senior Civil Engineer N.H. Gordon, The Sohagi Law Group 55A -120 EXHIBIT "A" To: Raul Godinez II, P.E., Executive Director, Public Works Agency From: Steve Worrall, Senior Civil Engineer, Public Works Agency/Water Resources Division RE: Response to January 13, 2012 Comment Letter from Silverstein Law Firm On January 17, 2012, an Environmental Impact Report (EIR) for the San Lorenzo Lift Station Project (Project No. 06 -3510; "proposed project ") was scheduled for consideration by the Santa Ana City Council. On the morning of January 17, our office received a 15 -page letter (plus seven attachments) from The Silverstein Law Firm addressing the content of the FIR and the merits of the proposed project. In order to allow adequate time to respond to the comments that were provided, City Council continued the matter. The purpose of this memo is to address and respond to the comments that were provided in the letter and associated attachments. In summary, the comments do not require any substantive changes to the proposed project or the EIR. A discussion and rationale for this conclusion is provided below. These responses correspond to the organization of the January 13, 2012 letter. Section II. The attached memorandum from Tom Epperson, P.E. of TetraTech, the City's expert engineer, explains the City's need for the upgrades. The commenter's suggestion that clarifications in the Recirculated FIR somehow undermine the stability of the Project Description is baseless. An accurate, stable and finite project description is indeed the "sine qua non" of an adequate EIR (County of Inyo v. City ofLos Angeles (1977) 71 Ca1.App.3d 185, 192 -193), and that is precisely what has been provided in this FIR. Prior to recirculation, the prior draft FIR mistakenly contained some ambiguous information on the capacity issues referenced in the comment letter. Specifically, it accurately stated that the new lift station "would not increase capacity" but also indicated that "needed redundancies associated with the existing lift station are inadequate in that two pumps are frequently operated near capacity without a third standby pump." In its February 7, 2011 letter to Council, The Silverstein Law Group identified this issue. While the prior draft FIR was correct in characterizing the existing lift station as being prone to frequent failure, the discussion, as drafted, could have been interpreted to mean that the frequent failures at the existing facility are attributed to the failure of stand -by pumps or lack of capacity. For clarification, the statement was intended to refer to the fact that if a pump were to fail during dry weather conditions at the existing Segerstrom Lift Station facility, then the second pump would 55A -121 EXHIBIT "A" become operational and there would be no standby pump; thus, if two pumps were to fail at the existing lift station facility, there would not be a third standby pump to convey sewage, thereby increasing the potential for a sewer spill. By contrast, the proposed San Lorenzo Lift Station would have a total of three pumps, only one of which would be in operation during dry weather conditions. If two pumps were to simultaneously fail at the proposed lift station facility under dry weather conditions, then a third pump would be available to continue conveying wastewater. Thus, the replacement lift station would offer additional redundancies that do not exist at the existing Segerstrom Lift Station facility, but only under dry weather conditions. For clarification purposes, this information was corrected in the RDEIR. As indicated on RDEIR Page 2 -6, "The existing lift station is prone to frequent maintenance (two to three times per week) in order to clear blockages due to debris collected in the system. In addition, due to the age of the equipment, the existing pumps and other equipment are subject to frequent mechanical failure (requiring maintenance) and it is difficult to obtain necessary replacement parts for the existing facility." One of the key purposes of CEQA is to provide an opportunity for public comment on a proposed Project and for a Lead Agency to respond to that public comment. In responding to this issue and subsequently recirculating the EIR, the City has done exactly what CEQA envisions. The commenter's insinuation that the proposed improvements are not needed defy logic and run contrary to fact. TetraTech's attached memorandum explains the status of the mechanical equipment at the existing lift station. We acknowledge the evaluation provided by Mr. Bonneau Dickson and attached to the commenter's letter. However, the City's engineers and Department of Public Works' staff have a singular familiarity with the issues prevalent at the existing lift station. Beginning in approximately September 2010 crews noticed a dramatic change in the flow conditions going through the lift station. The pumps were clogging regularly due to rags, clothes, debris and other items. The City attempted to investigate upstream conditions but was unable to identify the specific source of the problem. This resulted in the dramatic increase in maintenance logs the commenter highlights. Department of Public Works staff mounted an extensive public outreach/educational campaign to alleviate these issues, including handing out brochures, magnets, and pan scrapers to facilitate proper disposal of oils and greases. All of this was done in response to a clear and present need, not as part some attempt to "manufacture" or "falsify" the City's records, as the commenter seems to imagine. Section III. The commenter is incorrect in stating that the proposed project does not provide a lift station in which electrical components are housed above ground so as to preclude the potential for electrical failure during peak storm events due to flooding. The proposed dry pit (which contains the mechanical piping /valves /pumps /motors) is protected by curbs and elevation to minimize any potential flooding, as compared to the existing dry pit, which is subject to flooding due to its location within the often flooded Bristol Street. Under the proposed design, any flood at the end of San Lorenzo will be relieved to Segerstrom prior to reaching the elevation of the top of the dry well. Similarly, the proposed electrical facilities will be located within a building whereas the existing electrical panels are located outside and exposed to elements. 55A -122 EXHIBIT "A" Section IV. The Draft Final Environmental Impact Report (FEIR) clearly acknowledges that odor impacts associated with the proposed project are potentially significant, and imposes mitigation to reduce this impact to a level below significance (refer to discussion on Pages 3.1 -36 and -37 of the Draft FEIR, and Measure MM 3.1 -1 on Pages 3.1 -45 and -46 of the Draft FEIR).1 Section V.A The commenter's complaint that the Draft FEIR's discussion and analysis of the 19 alternative site locations comprise "straw men alternatives" is difficult to comprehend. All of the alternative sites discussed and evaluated in Draft FEIR Section 5.0 are those suggested by The Silverstein Law Firm in their February 7, 2011 comment letter and associated attachments. With respect to the comments on Alternative Site Nos. 2 and 3, in both instances the Draft FEIR assumes that the replacement lift station would be placed in a manner that minimizes impacts to parking and disruptions to existing businesses. As a result, these alternatives were assumed to occur in locations that would be in closer proximity to nearby sensitive receptors than the proposed San Lorenzo Lift Station facility. Had the alternative locations been proposed in locations with lesser impacts to air quality and odor at the expense of greater impacts to parking and disruptions to existing businesses, one wonders if the commenter would have taken similar issue with those locations. In any event, all odor impacts associated with these alternatives would be less than significant with incorporation of mitigation, similar to the mitigation required for the San Lorenzo Lift Station facility. With respect to footnote number 3 in the commenter's letter, the FIR does not utilize differing criteria. The distances disclosed in the EIR are measured from the lift station exhaust vent to usable outdoor space. In the case of the apartments near the proposed Project site and all single- family residences located near the various alternative site locations, this distance is measured from the nearest back yard or patio. For the high school located near Alternative Site No. 2, distance to the property line is appropriate since there are several tennis courts located immediately south of the Segerstrom Triangle, which would represent usable outdoor space. The "discussion of alternatives [in an EIR] need not be exhaustive," and the requirement to discuss alternatives is "subject to a construction of reasonableness." (Residents Ad Hoc Stadium Committee v. Board of Trustees (1979) 89 Cal.App.3d 274, 286.) In considering i It is also difficult to understand the commenter's critique of the 75 foot zone of potential odor identified in the EIR, particularly in light of the fact that the commenter's own expert, Hans Giroux, has assumed 75 feet as the "zone of clearly offensive odor" for worst -case odor conditions in analysis of other projects, e.g., the Air Quality Impact Analysis prepared by Giroux & Associates in 2001 for the Audie Murphy Ranch Development in Riverside County, which states that "During upset conditions with stagnant sewage in the system, the zone of clearly offensive odor would be around 75 feet from the source." The San Lorenzo EIR makes the exact same, reasonable assumption. (See EIR, p. 3.1 -37.) 55A -123 EXHIBIT "A" alternatives, a lead agency need only make an objective, good faith effort to provide information permitting a reasonable choice of alternatives that would feasibly attain most of the basic objectives of the project, while avoiding or substantially lessening the project's significant adverse environmental impacts. (California Oak Foundation v. Regents of University of California (2010) 188 Cal.App. 4th 227, 275 -276.) "An EIR need not consider every conceivable alternative to a project" or multiple variations on the alternatives analyzed. (CEQA Guidelines § 15126.6(a).) "What is required is the production of information sufficient to permit a reasonable choice of alternatives so far as environmental aspects are concerned." (Village Laguna of Laguna Beach, Inc. v.21 Board of Supervisors of Orange County (1982) 134 Cal.App.3d 1022.) If the relative advantages and disadvantages of other potential alternatives can be ascertained from a review of the alternatives presented in an EIR, the EIR is not defective for not discussing variations on each theme. (1d; Mira Mar Mobile Cmty. v. City of Oceanside (2004) 119 Cal.App.4th 477; Residents Ad Hoc Stadium Comm., 89 Cal.App.3d at 287). The EIR's discussion and analysis of 19 different alternative site locations allows assessment of the relative advantages and disadvantages of other potential alternatives and complies with CEQA. Section V.B In claiming that parking capacity should not have been studied in the EIR, the commenter essentially argues that a lead agency may not analyze any impact or resource not expressly identified in Appendix G of the CEQA Guidelines. This is simply not the law's intent. CEQA gives the lead agency discretion to determine appropriate significance criteria. "The determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the public agency involved, based to the extent possible on scientific and factual data. An iron clad definition of significant effect is not always possible because the significance of an activity may vary with the setting." (CEQA Guidelines § 15064(b).) Therefore, "a lead agency has the discretion to determine whether to classify an impact described in an EIR as `significant,' depending on the nature of the area affected." (Mira Mar Mobile Community v. City of Oceanside (2004) 119 Cal.App.4th 477, 493.) CEQA Lead Agencies have discretion to identify thresholds of significance in an EIR above and beyond those set forth in Appendix G. (CEQA Guidelines §15064.7.) The checklist in Appendix G is "only a suggested form" with a list of "sample" questions to help a lead agency determine whether an EIR should be prepared for a particular project; it is not a mandatory set of thresholds. (See CEQA Guidelines, Appendix G.) The CEQA Guidelines explain that "[ s]ample forms for an applicant's project description and review form for use by the lead agency are contained in Appendices G and H ... These forms are only suggested, and public agencies are free to devise their own format for an initial study." (CEQA Guidelines § 15063(f)). Moreover, case law makes clear that a lead agency should not rely exclusively on Appendix G. (See Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th 1099, 1109- 1112.) Accordingly, the significance criteria used in an EIR is not limited to the questions provided in Appendix G. 55A -124 EXHIBIT "A" The case cited in the comment letter — San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.AppAth 656 — held that failure to include a parking analysis in an FIR is not a CEQA violation. This is not the same, nor can it be construed to mean, that an FIR that does consider impacts to parking is invalid. Similarly, the fact that the Natural Resources Agency removed the parking adequacy question from Appendix G in 2010 does not mean the FIR erred for analyzing it anyway. The City has discretion to analyze those impacts it chooses in its FIR. In short, there is no need to remove this impact from the analysis. Section V.C.1 (Alternative Site 2) Alternative Site No. 2 was studied in the FIR at the request of the commenter, even though it does not meet CEQA's stated purpose for consideration of alternative site locations. As specified in CEQA Guidelines Section 15126.6(f)(2), the "key question and first step in the [alternatives] analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need to be considered for inclusion in the EIR." As indicated in Final DEIR Section 5.4.4.5, implementation of Alternative Site No. 2 "would not eliminate the Project's near -term unavoidable impact at the intersection of South Bristol Street /West Segerstrom Avenue during construction." Nevertheless, the FIR analyzed Alternative Site No. 2 and determined that it would result in the construction of approximately 1,500 additional linear feet of sewer conveyance infrastructure, thereby necessitating a greater area of ground disturbance than the proposed project. As a result, Draft Final FIR Section 5.4.4 properly concludes that impacts to hydrology /water quality would be increased in relation to the proposed project, although such impacts would not represent a significant environmental effect. With respect to reduction in parkland, the Draft FEIR adequately explains that a reduction in 0.03 acres of parkland would exacerbate the City's existing deficiency in parkland (refer to Section 5.4.4.4). The commenter's claims that his client has been "misled" regarding the City's application for a Urban Greening grant to develop an Eco -Park, and that the City violated the Public Records Act (PRA) are incorrect. The commenter filed a PRA request on October 20, 2011 requesting information on the Eco -Park grant application. The City responded to this request on October 31, 2011, providing the grant application and other relevant documents. The Parks Department received verbal notice from the State earlier this year (2012) that they were unsuccessful in obtaining Grant funding at this time. However the future plans for this park remain in place. Further, the conflict with the City's grant application was not characterized as a significant environmental effect in the analysis. A discussion of the City's future plans for the Segerstrom Triangle site was provided merely to foster informed decision - making. 55A -125 EXHIBIT "A" In response to the comment on air quality, the increased "laydown space" associated with this alternative would not reduce the overall air quality emissions. An overlap of construction phases would actually increase daily emissions due to the intensification of construction activities; the SCAQMD measures air quality impacts based on daily emissions, therefore an overlap of construction phases would increase air quality impacts in relation to the proposed project. Additionally, the need to construct an additional 1,500 additional linear feet of sewer conveyance infrastructure would result in additional ground disturbance and require more construction equipment operation, thereby increasing air quality impacts in relation to the proposed project. Finally, with the exception of the five weeks during which Construction Configuration C.2 would be in place both for this alternative and the proposed project, the Draft FEIR does not identify any significant unavoidable impacts to transportation/traffic associated with the required traffic control. The purpose of identifying alternatives under CEQA is to "avoid or substantially lessen any of the significant effects of the project." This alternative site location does not serve that purpose. Section V.C.2 (Alternative Site 3) Responses to The Silverstein Law Firm's October 31, 2011 comments on Alternative Site No. 3's impacts to transportation/traffic and odors are included in the Draft FEIR (refer to Responses J -18 through J -23 of Section F.3.3, which are herein incorporated by reference). No revisions to these responses appear warranted based on the comments provided in the January 13, 2012 comment letter or the attachment from Mr. Dickson. Alternative Site No. 3 is not a feasible location for the new lift station. Aside from CEQA issues, there are social, economic, and safety issues associated with this site. The current land use includes doctor's offices, a Physical Therapy Center, an Orthopedic Clinic, a Prenatal Care Facility and "Orange County Health Care Agency" offices. Ingress and egress to this parking lot is already tight and many of the patients and patrons are handicapped or physically impaired drivers, pregnant women, or elderly. Construction of the Lift Station and associated pipelines through the parking lot would create significant confusion and safety issues for the public. Section V.C.3 (Alternative Site 5) Even if Table 5 -1 were revised to show a reduction in air quality and hydrology /water quality impacts in relation to the proposed project, Table 5 -1 would result in a score of "0" for Alternative 5, indicating that this alternative is environmentally equal, not superior, to the proposed project. However, it should be noted that according to the Project's engineering consultant (TetraTech), the reduction in construction schedule during Phase 2 would comprise only a maximum of two weeks. Furthermore, there may not be a reduction in time at all depending on the site specific issues that may be encountered at Alternative Site No. 5. The Draft FEIR has been revised to indicate a slight reduction in impacts to hydrology /water quality and air quality associated with this alternative, and Table 5 -1 has been revised to show that this alternative would have a score of "0." 55A -126 EXHIBIT "A" However, and as with Alternative Site No. 2, Alternative Site No. 5 would not substantially avoid or lessen the proposed project's significant unavoidable impact to the South Bristol Street /West Segerstrom Avenue intersection (as indicated in Section 5.4.7.4 of the Draft FEIR). As such, Alternative Site No. 5 does not meet CEQA's stated purpose for consideration of alternative site locations and would not meet the project objective to "avoid detrimental impacts to existing businesses." With respect to comments pertaining to parking, please refer to the response provided above in Section V.B. No change is required to the analysis of parking. However, to reflect the fact that feasibility of alternatives is ultimately up to the City Council, the FEIR has been revised to delete the conclusion that Alternative Site No. 5 (and Alternative Site Nos. 3, 6, 7, 8, 9, 10, 11, 12, 17, 18, and 19) would be "legally infeasible." Finally, the conclusion about emergency access in Draft EIR Section 5.4.7 was included in error and has been deleted from the FEIR. Table 5 -1 does not identify any significant impacts to emergency access associated with this alternative and, therefore, there is no change required in Table 5 -1. Section V.C.4 (Alternative Site 7) Page 5 -44 of the Draft FEIR clearly indicates that "for purposes of analysis, it is assumed that this alternative would be constructed in the northwestern portion of the parking lot" in order to reduce the amount of parking that would be lost and the degree of disruption to the existing business. Therefore, the characterization in Draft FEIR Section 5.4.9.1 is correct in concluding that odor impacts would be increased, but would be reduced to a level below significance with mitigation. With respect to comments pertaining to parking, please refer to the response provided above in Sections V.B and V.C.3. Even if the Draft FEIR were to identify reduced impacts to transportation/traffic due to the elimination of some of the proposed project's less than significant impacts caused by traffic control, Table 5 -1 still would identify Alternative Site No. 7 as having more severe impacts to transportation/traffic as compared to the proposed project. This is because this alternative would result in the introduction of a new significant unavoidable impact to parking, and because this alternative would fail to completely eliminate significant unavoidable impacts due to other forms of required traffic control. Therefore, there are no changes required in Table 5 -1. Section V.C.5 (Alternative Site 8) Please refer to the response provided above in Sections V.B and V.C.3 for responses to the comments on parking impacts. Furthermore, and as with Alternative Site No. 7, even if the Draft FEIR were to identify reduced impacts to transportation/traffic due to the elimination of some of the proposed project's less than significant impacts caused by 55A -127 EXHIBIT "A" traffic control, Table 5 -1 still would identify Alternative Site No. 8 as having more severe impacts to transportation/traffic as compared to the proposed project. This is because this alternative would result in the introduction of a new significant unavoidable impact to parking, and because this alternative would fail to completely eliminate significant unavoidable impacts due to other forms of required traffic control. Therefore, there are no changes required in Table 5 -1. Section V.C.6 (Alternative Site 12) Although the precise duration of construction activities cannot be determined without final engineering details that go beyond CEQA's requirement for alternatives analyses, the Draft FEIR has nonetheless been revised to indicate a slight reduction in impacts to air quality /greenhouse gas emissions due to a slight reduction in the construction schedule since this alternative would not require the construction of a sewer bypass. Table 5 -1 also has been updated to show reduced impacts to both air quality /greenhouse gas emissions and hydrology /water quality. As a result, the Draft FEIR now concludes that this alternative would be environmentally equal to the proposed Project. Note that the overlap of construction phases that these comments suggest would be possible, would actually increase daily emissions due to the intensification of construction activities since the SCAQMD measures air quality impacts based on daily emissions. The EIR conservatively assumes that such overlap of construction activities would not occur so as to minimize air quality impacts associated with this alternative. Please refer to the response provided above in Sections V.13 and V.C.3 for responses to the comments on parking impacts. Furthermore, and as with Alternative Site No. 7, even if the Draft FEIR were to identify reduced impacts to transportation/traffic due to the elimination of some of the proposed project's less than significant impacts caused by traffic control, Table 5 -1 still would identify Alternative Site No. 12 as having more severe impacts to transportation/traffic as compared to the proposed project. This is because this alternative would result in the introduction of a new significant unavoidable impact to parking, and because this alternative would fail to completely eliminate significant unavoidable impacts due to other forms of required traffic control. Therefore, there are no changes required in Table 5 -1. In fact, this alternative's reduction in the duration of significant unavoidable impacts due to traffic control would only comprise three (3) days (Draft FEIR Page 5 -75). This level of reduction does not comprise a "substantial lessening" of the proposed project's significant unavoidable impact to traffic. This alternative would therefore fail to meet CEQA's stated purpose for consideration of alternative site locations [CEQA Guidelines Section 15126.6(f)(2)]. The commenter is correct that Table 5 -1 erroneously indicates that impacts to hydrology /water quality would increase under this alternative. With the revision for both air quality /greenhouse gases and hydrology /water quality, the corrected score in Table 5- 55A -128 EXHIBIT "A" 1 still would be "0," indicating that this alternative is environmentally equal to the proposed project. EIR Table 5 -1 has been corrected to reflect these revisions. Section VI As was noted in Response J -29 in Section F.3.3 of the Draft EIR, there is no rule in CEQA or elsewhere that the environmental effects of alternatives must be compared in an EIR prior to consideration of mitigation. In Laurel Heights Improvement Assn. of San Francisco, Inc. v. Regents of University of California (1988) 47 Cal.3d 376, 399 -403, cited by the commenter, the CEQA lead agency failed to consider any alternatives to the proposed project after concluding that all significant environmental impacts would be mitigated to a level of insignificance. By contrast, the EIR here examined 21 alternatives to the proposed Project, including 19 alternative site locations. The Supreme Court in Laurel Heights specifically distinguished the situation at issue there, in which an EIR failed to consider any alternatives, from one in which the EIR discussed both alternatives and mitigation measures. (Id. at 402.) The Supreme Court established that the correct analysis in an EIR must include both mitigation measures and alternatives, which, the court noted, "have the same function — diminishing or avoiding adverse environmental effects... alternatives are a type of mitigation." (Id. at 403.) There is nothing about this case that questions an EIR analysis that identifies both mitigation for the significant impacts of the proposed project and also discusses a reasonable number of alternatives. In fact, this approach ensures that decision - makers consider all possible ways to lessen or avoid the impacts of a project as proposed. Section VII The commenter suggests using a submersible pump at the existing lift station as an alternative to the proposed project. The EIR considered retrofitting the existing Segerstrom Lift Station facility. (See Section 5.3.2.) This alternative was rejected from consideration because it would not meet several of the Project's basic objectives. Specifically, it would not allow the City to house electrical equipment above - ground, which means it would not eliminate the issues of the existing lift station being located in Bristol Street. In addition, retrofitting the existing lift station would require upgrades to existing electrical equipment and installation of additional equipment. This would not meet the Project's objective to "Provide a lift station facility that provides sufficient access space for maintenance of the lift station facility." Moreover, such an alternative would fail to meet the Project's objective to construct a replacement lift station facility located outside of the public rights -of -way so as to minimize potential safety conflicts between motorists and maintenance personnel. Finally, such an alternative would not achieve the Project's objective to construct a new lift station facility, as this alternative would not involve the construction of a new lift station but rather would involve upgrades to the existing facility. For these reasons, using a submersible pump at the existing lift station is not a feasible alternative to the proposed project. 55A -129 EXHIBIT "A" Conclusion Based on the foregoing discussion and analysis, the EIR is legally adequate, and is in full compliance with the Court's prior Judgment and Writ and all CEQA requirements. 55A -130 EXHIBIT "B" TETRA TECH MEMORANDUM TO: Steve Worrall, City of Santa Ana FROM: Tom Epperson, Tetra Tech JOB TITLE: San Lorenzo Sewer Lift Station PROJECT NO: City No. 06 -3510 / EIR No. ER- 2011 -04 SUBJECT: Response to January 13, 2012 Comment Letter from Silverstein Law Firm DATE: February 2, 2012 The following are our responses to several of the items which hopefully will assist the City in preparing the final response to the City Council. Section II Purpose of Project is stated in EIR S.2.2. The key objectives are listed in S.2.2 and further highlighted below: • Existing lift station was last upgraded in 1989; pumps rebuilt in 2007; other mechanical equipment and associated piping were not. Mechanical and electrical equipment are old and difficult to maintain in proper operating condition. • Existing lift station (dry pit containing mechanical equipment) is located in Bristol Street within manhole. Requires closure of a travel lane and disruption of traffic on Bristol to perform routine maintenance. To perform maintenance, crews must perform confine space requirements and descend 15 foot ladder carrying tools and equipment. All mechanical equipment is located within a below -grade 12 -foot diameter manhole, so work area is tight and cramped. • Proposed lift station is located outside of roadway right -of -way; located within a building; stairway is provided to dry pit; dry pit has sufficient space for maintenance (room is five times bigger). • Existing lift station has only two pumps while proposed lift station has three pumps which improves reliability. The proposed lift station wet well has three times more capacity than the existing lift station wet well. The response time to an emergency is much quicker with the new lift station due to ease of access (no traffic control set- up /confine space issues /etc) and the mechanical equipment being located within a building. Due to the faster response time, additional pump, and larger capacity wet well, the new lift station reduces the potential of a sewer spill. • Existing lift station electrical panels are located within Bristol parkway (back of sidewalk and exposed to elements). Being located within public right -of -way of an arterial, they are susceptible to catastrophic damage by an out -of- control car and public vandalism. Proposed lift station electrical panels will be located within a building (safe and secure). • Existing lift station is located within a roadway which has tendency to flood. Proposed lift station is designed to protect the electrical facilities and dry pit from flooding (located at an elevation that is higher than relief elevation to street). C:\Documents and Settings\nmitre \Local Settings \Temporary Internet Fil es \Content.Outlook \VDSN8UCB \santa ana memo on silverstream letter - TetraTech (FINAL 2012- 02- 02).DOC 55A -131 February 2, 2012 Page 2 EXHIBIT "B" Existing computer software is old and obsolete compared to existing technology and support is not readily available. Existing lift station does not have any odor control system. The proposed lift station will have an odor control system. A. Age and Replacement Parts Original mechanical equipment was all replaced in 1989 (at age of 29 years). Pumps were rebuilt in 2007 (at age of 18 years). By time proposed lift station is constructed and placed in service, existing mechanical equipment will be about 26 years old and will need to be replaced again. Rebuilt pumps will also have been in service for about 7 years at that same time and would be requiring additional maintenance work. The environment (below -grade manhole with high humidity) reduces the design life of the equipment. Replacement parts for the pumps are not readily available (within day or two of request). For the last pump replacement work, it took about four weeks to get the replacement parts. (The City contacted Mr. Chris Brown of Orange County Pump who confirmed that the minimum lead time for the pump rotating assemblies was 3 to 4 weeks as they are not readily available but need to be assembled from off the shelf parts and shipped). With only two pumps in the existing lift station, this delay in getting replacement parts places the City at a very large risk of a potential spill. To reduce this potential, the City has been storing used spare parts at their yard in case replacement parts are necessary. As the existing lift station equipment gets older, the need for maintenance and repair work increases. Section III The existing dry pit (contains the mechanical piping /valves /pumps /motors) is subject to flooding due to its location within the often flooded Bristol Street. The proposed dry pit is protected by curbs and elevation to minimize any potential flooding. Any flood at the end of San Lorenzo will be relieved to Segestrom prior reaching the elevation of the top of the dry well. The existing electrical panels are located outside and exposed to elements. The proposed electrical facilities will be located within a building. Section VII Retrofitting the existing lift station by installing a submersible pump will not eliminate the issues of the existing lift station being located in Bristol Street. The majority of the project's objectives will not be met by retrofitting the existing lift station. C: \Documents and Settings\nmitre \Local Settings \Temporary Internet Files \Content.Outlook \VDSN8UCB \santa ana memo on silverstream letter - TetraTech (FINAL 2012- 02- 02).DOC 55A -132 Exhibit C Silverstein Law Group Letter January 13, 2012 55A -133 THE SILVERSTEIN LAW FIRM A Professional Corporation January 13, 2012 VIA FACSIMILE (714) 647 -3345 AND OVERNIGHT EXPRESS Mr. Steve Worrall, Senior Civil Engineer City of Santa Ana Public Works Agency Water Resources Division Corporate Yard, M -85 220 S. Daisy Avenue Santa Ana, CA 92702 • 215 NORTH MARENoo AVENUE, 3RD FLOOR PASADENA, CALIFORNTA 91101 -1504 PHONE: (626) 4494200 FAX: (626) 4494205 ROBERT@ ROBERTSILVERMINIAW.COM www.RoSERTSiLvERMINLAW.COM Re: Supplemental Objections to Recirculated Draft and Final Environmental Impact Report for the San Lorenzo Sewer Lift Station Project, SCH No. 2010041028 Dear Mr. Worrall: I. INTRODUCTION. This firm represents Santa Ana California Lodges, LLC, owner of the improved property located at 2909 S. Bristol Street, Santa Ana, California. This correspondence constitutes our supplemental written comments on and objections to the Recirculated Final EIR ( "RFEIR ") for the San Lorenzo Sewer Lift Station Project ( "Project "). These comments are based, in part, on responses to comments on the Recirculated Draft EIR ( "RDEIR "), along with California Public Record Act requests precipitated by release of both the RDEIR and RFEIR. Please ensure that all communications from the City of Santa Ana ( "City ") to our client regarding the Project are also promptly copied to our office. All objections, including those regarding proper notice and due process, are expressly reserved, and all prior objections are incorporated herein by reference. Please also ensure that notice of all hearings, actions, events and decisions related to the Project are timely provided to this office. II. THE PROJECT DESCRIPTION IS INACCURATE AND MISLEADING. For nearly three years — through a Mitigated Negative Declaration, litigation, and a prior EIR so faulty that the City admitted recirculation was necessary — the public and the 55A -134 0 0 Mr. Steve Worrall January 13, 2012 Page 2 decision makers have been led to believe that the existing lift station had inadequate capacity and that Project objectives were tied to those capacity issues. However, when we noted in comments on the prior EIR that the Project would not provide any additional capacity, the language and objective related to capacity mysteriously disappeared from the RDEIR. (See comment J -6.) When we asked why, the City's response in the RFEIR was essentially "oops. We goofed up. Capacity really isn't inadequate after alI." Now, we and the public are presented with a new Project description and new objectives that are equally suspect and cannot withstand scrutiny. According to the RFEIR's rejiggered Project Description: "The primary objective of the Proposed Project is to provide a new sewage lift station to replace the existing Segerstrom Lift Station, which was originally constructed in the 1960s, most recently upgraded in 1989, and has since exceeded its design life. The exiting lift station is prone to frequent maintenance (two to three times per week) in order to clear blockages due to debris collected in the system. In addition, due to the age of the equipment, the existing pumps are subject to frequent mechanical failures (requiring maintenance), and it is difficult to obtain necessary replacement parts for the facility" (P. 2- 6) The new Project objectives are tied to this description of the existing lift station. A review of relevant records, however, shows this description to be both misleading and inaccurate.1 ` We also note that although this is a "new" EIR, it is still tied to the prior EIR and administrative process because the Project is the same and the proposed execution of the Project is identical to what was described before. Therefore, the City's shifting of the Project description (in an attempt to bypass valid objections) for the same Project is a separate violation of CEQA that provides independent grounds to invalidate this RFEIR. An incomplete or misleading project description improperly curtails environmental review and the consideration of mitigation measures and project alternatives. "Only through an accurate view of the project may affected outsiders and public decision - makers balance the proposal's benefit against its environmental cost, consider mitigation measures, assess the advantage of terminating the proposal (i.e., the `no project' alternative) and weigh other alternatives in the balance. An accurate, stable, and finite 55A -135 • Mr. Steve Worrall January 13, 2012 Page 3 A. Age and Replacement Parts. • According to the attached supplement report from Mr. Bonneau Dickson, P.E. (Exhibit 1), a consulting sanitary engineer with over 30 years experience, the only part of the lift station constructed in the 1960s that is still in service is the wet well — essentially a large manhole. Mr. Dickson's review indicates that not a single piece of mechanical or electrical equipment from the 1960s, is still in use. The 1989 upgrade included all new mechanical and electrical equipment. (Dickson Report, Exhibits A & B.) Moreover, the RDEIR fails to disclose that the two pumps were entirely rebuilt in 2007. (Dickson Report at p. 2, Exhibit C.) This renders the RDEIR assertion with respect to design life and difficulty in securing replacement parts even more false and misleading. According to Mr. Dickson, the rebuilding of the pumps in 2007 should extend their effective life to 2025. Moreover, the wet well should have an effective life of at least 100 years. With respect to the cost and availability of replacement parts, Mr. Dickson contacted a representative of Gorman Rupp, the manufacturer of the pumps. According to an email from the representative to Mr. Dickson, attached to his report as Exhibit D: "The T10A3 -B pump that is in use at the existing pump station is still manufactured. Parts for it are readily available. A new pump would cost around $11,000. A new rotating assembly for the pump would cost around $5,000. The pump is extremely rugged and many units are still in service after 30 years." This leaves the claims of an end of the lift station's useful life and difficulty in obtaining replacement place false at best, outright fallacious at worst, and eliminates the stated justification for the Project. B. Maintenance Issues. The RDEIR asserts that the exiting lift station is prone to frequent maintenance in order to clear blockage. Mr. Dickson's review of maintenance logs, however, shows the following maintenance calls by year: project description is the sine qua non of an informative and legally sufficient EIR." County of Inyo v. City of Los Angeles (1977) 71 Cal.App.3d 185, 192 -193. 55A -136 0 Mr. Steve Worrall January 13, 2012 Page 4 2004-4 2005-5 2006-5 2007-7 2008-2 2009-10 2010-30 2011-104 The logs are attached as Exhibit 2. For 2010, there are only five entries prior to September 13, none of which mention rags or debris. If there was some event that precipitated the need for bi- weekly rag and debris removal, that event should have been disclosed in the RDEIR. This failure to disclose provides inadequate information for informed decision making. Given that this apparent change came at approximately the time of our September 10, 2010 objection letter pointing out that the Project did not meet then - stated Project objectives with respect to an alleged need for increased hydraulic capacity, this also suggests merely a change (or falsification) in reporting practices starting in mid- September 2010 in order to manufacture a new justification for the Project. Additionally, the maintenance logs do not show a significant number of mechanical failures, further weakening the claimed justification for a new station. III. THE PROJECT DOES NOT MEET PROJECT OBJECTIVES. ?e t 6,e5 One of the Project Objectives is "to provide a lift station facility in which PC electrical components of the facility are housed above ground so as to preclude the potential for electrical failure during peak storm events (due to flooding)." As Mr. Dickson points out, the design of the proposed Project does not meet this objective. Drawings for the Project show the motors below ground level in the dry pit, with the potential for flooding and electrical failure. IV. THE PROJECT HAS A SIGNIFICANT AIR QUALITY IMPACT. -- oa62�'- The RFEIR asserts that the zone of a potentially significant odor impact is "around 75 feet." ( RFEIR, p. 3.1 -37.) This means that the border of the zone encompasses a range both less than and greater than 75 feet. The RFEIR places the nearest sensitive receptor at approximately 75 feet 6 inches away from the Project's exhaust fan. This a 0 55A -137 0 0 Mr. Steve Worrall January 13, 2012 Page 5 makes it reasonably foreseeable that the nearest sensitive receptor is within the zone, even though the RFEIR indicates that the impact to that receptor is less than significant. The City then tries to have it both ways, saying the impact is both less than significant and significant. The City cannot have it both ways. Either the impact is significant or it is not. V. THE ALTERNATIVES ANALYSIS IS LEGALLY INADEQUATE. A. The City Has Deliberately Designed Straw Men Alternatives. What the RFEIR suggests is an "exhaustive analysis" of alternative sites is nothing more than an exercise in the creation of straw men alternatives deliberately designed to create greater environmental impacts, thus dooming them to failure. See Sierra Club v. Contra Costa County (1992) 10 Ca1.App.4th 1212, 1217 -1218, 1222. This results in an improper and inadequate alternatives analysis. The most glaring example of this straw man approach to creating alternatives is with respect to air quality and odor. Most of the alternative sites are large areas. In the case of Alternative Site 2, Segerstrom Triangle, the size is over 1.7 acres. Other sites are large parking lots. Within many of these sites, though, the City has deliberately placed the lift station within 75 feet of a sensitive receptor to place the receptor within a potentially significant odor zone of "around 75 feet." ( RFEIR, p. 3.1 -37.) Similarly, the RFEIR does this for Alternative Sites 3. This is a classic example of creating straw men. G (ii In the case of Segerstrom Triangle, the City compounds the inadequacy by O C= creating straw men to knock down in support of its straw man, telling us why other Cam /� x ` Moreover, what substantial evidence does exists shows the nearest sensitive receptor to be within the zone. Figure 3.1 -2 of the prior FIR showed the nearest motel room at approximately 57 feet away from the Project, even though it was not then referred to as a sensitive receptor. We asked in a California Public Records Act request on October 7, 2011 for documents showing how the City arrived at the 75.5 -foot distance used in the RDEIR. The City, in its response, said it did not have any responsive documents showing how it arrived at that figure (Exhibit 3), leaving the only evidence as Figure 3.1 -2 from the prior EIR. (See also Exhibit 4 [Giroux correspondence].) f;� 0 0 Mr. Steve Worrall January 13, 2012 Page 6 portions of the site are unacceptable.' The fact remains, though, that simply moving the structure as little as five feet or putting the exhaust fan on the other side of the structure means there is no impact. B. Parking Capacitv Below Code Standards Is Not An Environmental Impact. In its response to comments on numerous alternative sites, the City continues to assert that reducing parking capacity below code requirements, even by a minor amount, is a significant environmental impact. A claim of inadequate parking in and of itself, however, is not necessarily a significant environmental impact to which CEQA applies. As the Court of Appeal has noted: "[T]here is no statutory or case authority requiring an EIR to identify specific measures to provide additional parking spaces in order to meet an anticipated shortfall in parking availability. The social inconvenience of having to hunt for scarce parking spaces is not an environmental impact; the secondary effect of scarce parking on traffic and air quality is. Under CEQA, a project's social impacts need not be treated as significant impacts on the environment. An EIR need only address the secondary physical impacts that could be triggered by a social impact." San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.App.4th 656, 698 (emphasis in original). Indeed, parking no longer appears in the CEQA Appendix G checklist. The California Resources Agency removed parking from the Appendix G Checklist in part based on San Franciscans Upholding the Downtown Plan. As the Agency explained in its December 2009 Final Statement Of Reasons For Regulatory Action: "The Natural Resources Agency is aware of no authority requiring an analysis of parking adequacy as part of a project's environmental review. Rather, the Agency concurs With respect to a rejection of locating the facility along Segerstrom, there also appears to be use of a different criterion for sensitive receptors, using the property line in measuring distance from the school, but using residential structures as the measurement criteria for the Project. Application of criteria must be consistent. 55A -139 r- 0 0 Mr. Steve Worrall January 13, 2012 Page 7 with the court in the San Franciscans case that inadequate parking is a social impact that may, depending on the project and its setting, result in secondary effects. Consistent with existing CEQA Guidelines section 15131(a), deletion of the parking adequacy question from Appendix G checklist will ensure that the focus of the analysis shall be on the physical changes. Specifically, the Appendix G checklist contains questions asking about possible project impacts to air quality and traffic." (Exhibit 5 [Exccrpt from the Final Statement].) The RFEIR does not show any evidence of the potential loss of a few parking spaces on air quality or traffic. Thus, the alternatives matrix in Table 5 -1 must be adjusted accordingly and will show that on this basis alone Alternative Sites 3, 5, 6 and 8 are environmentally superior to the Project and Alternative Sites 15, 18 and 19 are the environmental equivalent of the Project. C. The Analysis Of Individual Alternative Sites Is Lezally Inadequate. 1. Alternative Site 2. In our prior objection letter of October 31, 2011, we provided substantial evidence to show a correct analysis of Alternative Site 2, the Segerstrom Triangle, which actually shows less traffic impacts, less water quality/hydrology impacts, and a likely shorter construction period. The RDEIR also overstates odor and recreational impacts. Further analysis by Mr. Dickson confirms each of these conclusions. In particular, his report notes a likely shorter construction schedule, which will result in a corresponding reduction in air quality emissions. He also quantifies the reduction in traffic impacts. With respect to recreation, in claiming the loss of 0.03 acres of passive recreational space in the Segerstrom Triangle will cause a significant and unavoidable City -wide impact to recreation, the RFEIR asserts that park users will be effectively concentrated in a smaller area, leading to an accelerated physical deterioration of existing park facilities. The response, though, fails to disclose the required analytic route traveled to reach that conclusion. See Laurel Hei htg s Improvement Assn. v. Regents of the Univ. of California (1988) 47 CaI.3d 376. 55A -140 Mr. Steve Worrall January 13, 2012 Page 8 • Moreover, to rely on a "grant application" as further evidence of a significant impact is to rely on false information. There is no grant application pending of which we are aware, and despite requests, this firm was never provided with such an application — not on October 31, 2011 or at any other time. What the City submitted to the California Resources Agency, and what was provided to this firm, was a concept proposal in response to a mass solicitation for such proposals. (Exhibit 6.) According to the FAQ for the process, which we submitted with our October 31, 2011 correspondence as Exhibit 4, the proposal process is itself competitive and "invitations to submit full applications are anticipated to be issued two or three months after the concept proposals are received, with applications due in the fall of 2011." The RFEIR cites the FAQ ( RFEIR, p. 64), but fails to include this language. The response is written as though the City has a competitive grant application pending, for which awards will be announced in early 2012. If the City was invited to submit a grant application based on the concept proposal, it has misled us and our client, and violated the California Public Records Act by failing to disclose the application in response to a request made under the Act. If the City was not invited to submit a grant application, then the response itself is false and a deliberate attempt to mislead the public. With respect to traffic, Response to Comment 13 claims it is "unclear" how more laydown space potentially results in a shorter construction duration and a reduction in associated traffic impacts. Mr. Dickson's February 7, 2011 Report (Exhibit 7 to our correspondence of October 31, 2011) could not be more explicit: "A larger laydown area should allow equipment from one phase to be moved to the site before the prior phase has concluded, allowing for an overlap of phases that compresses the construction schedule." As he further explains in Exhibit 1 to this correspondence: "The fact that the contractor would have access to all four sides of the project at Site No. 2 would provide more alternatives for the contractor to shorten the duration of construction than would be available at the proposed project site, where the contractor has full access only from one side, and only partial access from Segerstrom Avenue." Indeed, despite the Response's claimed lack of clarity, it nevertheless appears to accept Mr. Dickson's conclusion by noting that "it is reasonable to conclude that additional laydown space could reduce total construction time for the alternative..." 55A -141 • Mr. Steve Worrall January 13, 2012 Page 9 • (RFEIR, p. 70. See also RFEIR p. 72 [ "...while Alternative Site No. 2 could be constructed more quickly than indicated in the RDEIR... "].) Reduced construction time results in reduced impacts. With respect to water quality and hydrology, the FRIER asserts with no substantial evidence that the 16 -foot deep, 50 -foot long sewer by -pass required for the Project somehow has less impact than the additional sewer pipe required for Alternative No. 2. 2. Alternative Site 3. In our prior objection letter of October 31, 2011, we provided substantial evidence to show that Alternative Site 3, 2835 S. Bristol Street, results in less construction - related traffic impacts and that the impacts from odors are, to put it blund , fabricated. This is confirmed in Mr. Dickson's attached report. e z 1v i e- 51 � 3. Alternative Site 5. Mr. Dickson's prior alternatives analysis provided to the City on August 27, 2010 indicated that use of this site would require approximately 100 feet less force main and gravity sewer than the San Lorenzo site. His report attached hereto also indicates that use of this site will not require construction of a temporary by -pass. This will result in less land disturbance, which the City identifies elsewhere in the RDEIR as resulting in a lesser impact to water quality and hydrology. Table 5 -1 should be revised accordingly. Use of Alternative Site 5 will also shorten Phase 2 by at least four week. A shorter construction time leads to reduced air quality impacts than the San Lorenzo site. Again, Table 5 -1 should be revised accordingly The purported parking impact is not as severe as suggested. The operational deficiency, according to the Santa Ana Municipal Code, will only be six spaces — approximately 4% — and only temporarily. Section 41 -638.1 of the Code recognizes that less than Code required parking will not always create a potentially significant impact by providing for minor exceptions to off - street parking requirements. This is equally applicable to any alternative for which a potentially significant parking impact is claimed. The analysis also asserts that the alternative would be "legally infeasible" because it would result in a violation of the City's Municipal Code requirements for off - street parking. This is incorrect. The Municipal Code provides for exceptions to off -street parking requirements and there is nothing to preclude the City from taking an action that 55A -142 Mr. Steve Worrall January 13, 2012 Page 10 would result in the remainder of the property being non - conforming with respect to parking. To the contrary, the City's power of eminent domain, as well as access to City - owned land, suggests that alternative sites "may be more feasible, more often," when the developer is the City rather than a private party. Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 574. This analysis is equally applicable to each alternative for which a significant parking impact is claimed. Mr. Dickson's report also notes that access from West Segerstrom and the north/south alley will be maintained, meaning sufficient emergency access will also, in fact, be maintained. Finally, as noted in Section V.B., parking below code requirements is not per se an environmental impact. Accordingly, Table 5 -1 must be revised to show that Alternative 5 is environmentally superior to the Project. 4. Alternative Site 7. The RDIER asserts that Alternative Site 7 would have a greater operational odor impact and a greater construction noise impact than the San Lorenzo site. However, no distance to sensitive receptors has been identified, and no specific area within the site has been proposed. There is thus no substantial evidence in the record to support these conclusions. The purported parking impact is not as severe as suggested. The operational deficiency, according to the Santa Ana Municipal Code, will only be 13 spaces during construction and 5 spaces during operation, based on a requirement of 401 spaces. This is a minor amount and Section 41 -638.1 of the Code recognizes that less than Code required parking will not always create a potentially significant impact by providing for minor exceptions to off - street parking requirements. This is equally applicable to any alternative for which a potentially significant parking impact is claimed. The analysis also asserts that the alternative would be "legally infeasible" because it would result in a violation of the City's Municipal Code requirements for off - street parking. This is incorrect. The Municipal Code provides for exceptions to off -street parking requirements and there is nothing to preclude the City from taking an action that would result in the remainder of the property being non- conforming with respect to parking. To the contrary, the City's power of eminent domain, as well as access to City - owned land, suggests that alternative sites may be "more feasible, more often," when the developer is the City rather than a private parry. Citizens of Goleta Valley v. Board of 55A -143 Mr. Steve Worrall January 13, 2012 Page 11 Supervisors (1990) 52 Cal.3d 553, 574. This analysis is equally applicable to each alternative for which a significant parking impact is claimed. Moreover, Table 5 -1 fails to account for reductions to other significant traffic impacts, even though reductions in those impacts are noted in the RDEIR. (P. 5 -44, 45.) In particular, as identified by Mr. Dickson, reducing West Segerstrom Avenue to a single eastbound lane for 25 weeks will not be required and construction in the intersection of West Segerstrom Avenue and South Bristol Street will be avoided. At the very least, these reductions in impacts must be considered as offsets in Table 5 -1. Mr. Dickson's report also explains how the RDEIR grossly overstates any construction challenges at this site relative to the San Lorenzo site. Additionally, as noted in Section V.B., parking below code requirements is not per se an environmental impact. Accordingly, Table 5 -1 must be revised to show that Alternative 7 is environmentally superior to the Project. 5. Alternative Site 8. The purported parking impact is not as severe as suggested. Section 41 -638.1 of the Code recognizes that Iess than Code required parking will not always create a potentially significant impact by providing for minor exceptions to off - street parking requirements. This is equally applicable to any alternative for which a potentially significant parking impact is claimed. The analysis also asserts that the alternative would be "legally infeasible" because it would result in a violation of the City's Municipal Code requirements for off - street parking. This is incorrect. The Municipal Code provides for exceptions to off - street parking requirements and there is nothing to preclude the City from taking an action that would result in the remainder of the property being non - conforming with respect to parking. To the contrary, the City's power of eminent domain, as well as access to City - owned land, suggests that alternative sites may be "more feasible, more often," when the developer is the City rather than a private party. Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 574. This analysis is equally applicable to each alternative for which a significant parking impact is claimed. Table 5 -1 also fails to account for reductions to other significant traffic impacts, even though reductions in those impacts are noted in the RDEIR. (P. 5 -50, 51.) At the very least, these reductions in impacts must be considered as offsets in Table 5 -1. 55A -144 0 0 Mr. Steve Worrall January 13, 2012 Page 12 Finally, as noted in Section V.B., parking below code requirements is not per se an environmental impact. Accordingly, Table 5 -1 must be revised to show that Alternative 8 is environmentally superior to the Project. b. Alternative Site 12. The RDEIR claims that Alternative Site 12 would require a slightly elongated construction schedule, even though there is 42% less conveyance, because of additional supporting and the need to dig to a slightly deeper depth. However, as Mr. Dickson points out, this fails to account for a reduction in other phases of construction. Neither construction of a by -pass nor relocation of the SCE pole will be necessary, allowing for a reduction in that phase of construction. Unlike the San Lorenzo site, construction on the pipeline infrastructure and lift station can also occur simultaneously, further reducing the construction schedule and related emissions. Mr. Dickson's report also notes that the construction challenges at this site relative to the Project as proposed are greatly overstated. Table 5 -1 must be adjusted accordingly. The purported parking impact is not as severe as suggested. Section 41 -638.1 of the Code recognizes that less than Code required parking will not always create a potentially significant impact by providing for minor exceptions to off - street parking requirements. This is equally applicable to any alternative for which a potentially significant parking impact is claimed. The analysis also asserts that the alternative would be "legally infeasible" because it would result in a violation of the City's Municipal Code requirements for off - street parking. This is incorrect. The Municipal Code provides for exceptions to off - street parking requirements and there is nothing to preclude the City from taking an action that would result in the remainder of the property being non- conforming with respect to parking. To the contrary, the City's power of eminent domain, as well as access to City - owned land, suggests that alternative sites may be "more feasible, more often," when the developer is the City rather than a private party. Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 574. This analysis is equally applicable to each alternative for which a significant parking impact is claimed. Moreover, Table 5 -1 fails to account for reductions to other significant traffic impacts, even though reductions in those impacts are noted in the RDEIR. (P. 5 -73, 74.) At the very least, these reductions in impacts must be considered as offsets in Table 5 -1. 55A -145 • Mr. Steve Worrall January 13, 2012 Page 13 Additionally, as noted in Section V.B., parking below code requirements is not per se an environmental impact. Accordingly, Table 5 -1 must be revised to so reflect. The RDEIR indicates that there will be less area of ground disturbance resulting from this alternative because less underground sewer infrastructure will be necessary. (P. 5 -75.) Yet, Table 5 -1 mistakenly indicates that water quality impacts of the alternative are greater. This correct analysis, based on substantial evidence in the record, shows Alternative Site 12 to be environmentally superior to the Project. The table must be revised accordingly. VI. THE PROJECT ALTERNATIVES ARE NOT COMPARED TO THE PROJECT. The City continues to improperly compare the mitigated Project to alternatives without mitigation for purposes of determining environmental superiority. The City's response to comments that the concept is a "novel" one that is not supported by the CEQA Guidelines or applicable case" (RFEIR, p. 79) is curious since this "novel" concept has been provided for in CEQA for nearly 25 years. "[A]gcncies are required to certify the completion of an EIR `on any project they propose to carry out or approve.' (§ 21100.) As a matter of logic, the EIR must be prepared before the decision to approve the project. Not until project approval does the agency determine whether to impose any mitigation measures on the project. (§ 21002. 1, subd. (b).) One cannot be certain until then what the exact mitigation measures will be, much less whether and to what degree they will minimize environmental effects. According to the Regents, the decision to require mitigation measures on project approval removes the need to consider project alternatives in the EIR. The decision imposing mitigation measures, however, is not made, and cannot be made under CEQA, until after the EIR has been completed. To adopt the Regents' view, would be to say that alternatives need not be discussed if there is a possibility that the agency might adopt mitigation measures. Such result would invert the chronology of the CEQA process. Laurel Heights _ _Improvement Assn. v. 55A -146 0 0 Mr. Steve Worrall January 13, 2012 Page 14 Regents of University of California (1988) 47 Ca1.3d 376, 401 -402. So it is here. If the existence of mitigation for a project cannot be used to dismiss alternatives analysis altogether, it also cannot be used when comparing a project to an alternative once that alternative is selected. To do so, as the City does here, would lead to the very conclusion rejected by the California Supreme Court in Laurel Heights. VII. A SUBSTANTIALLY LESS EXPENSIVE AND SUPERIOR PROJECT CAN BE CONSTRUCTED AT THE EXISTING SEGERSTROM SITE. The City's response to a California Public Records Act request in 2010 indicated that the estimated Project cost was a minimum of $3,500,000 to $4,000,000. Mindful of the City's current and near term fiscal problems,4 it would make sense to further investigate other feasible and less expensive alternatives. One such alternative would be a submersible pump station at the existing Segerstrom site, using the existing 8 -feet diameter wet well. This alternative project is detailed in Mr. Dickson's report. This alternative would have the benefit of providing the City with a new pump station that reduced substantially the impacts of the Project, including those to traffic, air quality, hazards and hazardous materials, noise and water quality. The construction time of a submersible pump station is significantly less than that estimated for the Project. The cost of a submersible pump station is also significantly less than that of the Project. Mr. Dickson estimates the cost at $748,000 — less than one- fourth the cost of the Project. The pumps can be fitted with grit -flush valves that could also reduce maintenance costs associated with pumping grit from the bottom of the wet well. Such an alternative would address most of the legitimate needs of the City. Failure to analyze such an alternative results in a failure of the RFEIR to analyze a reasonable range of potentially feasible alternatives. 4 Recent news reports indicate that the City's General Fund balance dipped to as low as $161,000 this past summer, and faces a potential $30 million budget deficit for fiscal year 2012 -13. (Exhibit 5.) 55A -147 0 0 Mr. Steve Worrall January 13, 2412 Page 15 VIII. CONCLUSION. The RFEIR is fatally flawed. It violates the Court's prior Judgment and Writ, and violates CEQA innumerous respects. The Project, as proposed, and the RFEIR must be rejected. Please promptly advise this office of any actions or hearings in this matter. Very tru o OBERT P. SILVERSTEIN FOR THE SILVERSTEIN LAW FIRM RPS:jmr Attachments cc: Mayor Miguel Pulido Mayor Pro Tem Claudia Alvarez Councilmember Carlos Bustamante Councilmember David Benavides Councilmember Sal Tinajero Councilmember Vincent Sarmiento Paul M. Walters, Interim City Manager Josd Sandoval, Chief Assistant City Attorney All for distribution via Maria D. Huizar, Clerk of the Council, via Overnite Express •� le EXHIBIT 1 55A -149 0 0 2428 McGee Avenue Berkeley, CA 94703 (510) 845 -8625 (510) 845 -4606 FAX dickson.bonneau @gmail.com Bonneau Dickson, P.E. Consulting Sanitary Engineer January 12, 2012 Mr. Robert Silverstein, Esq. The Silverstein Law Firm 216 North Marengo Avenue, 3rd Floor Pasadena, CA 91101 -1504 Dear Mr. Silverstein: At your request, I have reviewed the September 15, 2011 Recirculated Draft Environmental Impact Report (RDEIR) documentation for the San Lorenzo Sewer Lift Station Project in the City of Santa Ana, California and the City's Final Environmental Impact Report (FEIR) recently issued. My review and analysis focused on: • The alleged age of the existing Segerstrom Lift Station. • Maintenance issues with the existing Segerstrom Lift Station. • A review of the RDEIR's analyses of some of the alternative sites. • Creation of an environmentally and economically superior alternative that would involve converting the existing Segerstrom Lift Station into a submersible lift station. • The City's FEIR comments on your letter of October 31, 2011. (Starting on Page FEIR -54). AGE OF THE EXISTING PUMP STATION The age of the existing pump station is relevant to the project objectives, which are discussed starting on Page 2-6 of the RDEIR. According to the RDEIR, the primary objective of the proposed project is said to be the replacement of the existing pump station "that has exceeded its design life." The RDEIR notes that the pump station was built in the 1960s. It also mentions that the station was rebuilt in 1989. 55A -150 Mr. Robert Silverstein, Esq. 0 Review Of The Recirculated DEIR And FEIR For The San Lorenzo Sewer Lift Station Project January 12, 2012 Page 2 of 18 What the RDEIR does not say is that the 1989 project included totally new mechanical and electrical equipment. There is not a single piece of mechanical or electrical equipment from the 1960s pump station that is still in use. The 1989 plans for the rehabilitation of the Bristol Pump Station (as it was then called) and the Maxine Pump Station were prepared by the engineering firm CWC -HDR, Inc. Drawing 6 of 10 shows that the original 1960s pump station had its pumps in the 8 -foot diameter concrete structure and that all of the mechanical and electrical equipment from the 1960s project was removed in the 1989 project. See Exhibits A and B. The 8 -foot diameter pump station structure became the wet well for the 1989 project and is the only part of the 1960s facility that is still in use. None of the maintenance reports that I have been provided mention any problems with this structure. The wet well structure is essentially a large manhole. Usually manholes have an effective life of one hundred years or more. The FOR refers again in comment J -6 on Page FEIR -60 to the "age of the equipment" implying that the equipment is very old. This is factually incorrect, The real truth is that the existing pump station is a 1989 pump station, not a 1960s pump station. Furthermore, the two pumps were completely rebuilt in 2007. See the attached invoice from the Orange County Pump Company. (Exhibit C.) The invoice reads, "Disassemble and assess all pump and motor components. Remove and replace the following parts ". The listed parts include the seals and bearings, i.e. the parts that are likely to wear out. There is a handwritten note on the invoice saying, "Work Completed 2- 1 -07 ", The pumps that were installed in 1989 were rebuilt in 2007, 18 years later. The complete re -build of the pumps should have brought them back to near new condition, thus they should last for at least approximately another 18 years, i.e. until the year 2025. The RDEIR asserts in Paragraph 2,2 on Page 2-6 and elsewhere that, "...it is difficult to obtain necessary replacement parts for the existing equipment," and uses this as another justification for the Project. This assertion is repeated in comment J-6 on Page FEIR -60. 55A -151 Mr. Robert Silverstein, Esq. 0 is Review Of The Recirculated DEIR And FEIR For The San Lorenzo Sewer Lift Station Project January 12, 2012 Page 3 of 18 I contacted Thomas and Associates, a representative of Gorman Rupp, the company that manufactured the existing pumps. According to the attached email (Exhibit D) from Thomas and Associates: The T10A3 -B pump that is in use at the existing pump station is still manufactured. Parts for it are readily available. A new pump would cost around $11,000. A new rotating assembly for the pump would cost around $5,000. The pump is extremely rugged and many units are still in service after 30 years. The RDEIR and FOR assertion that replacement parts are difficult to obtain is pure fabrication. A simple telephone call or email to the pump manufacturer would have revealed that replacement parts are readily available. Obviously no attempt has been made to determine if replacement parts are available. MAINTENANCE ISSUES The RDEIR and FEIR also identified frequency of maintenance as a justification for the proposed Project. A review of maintenance logs, though, only results in more questions. Copies of the maintenance log book from 1/28/04 through 6130110 were previously produced by the City. More recently, the City produced copies of the maintenance log book through 10111111. The entries in the log book show the unscheduled maintenance (emergency callouts) at the existing pump station. The number of unscheduled maintenance entries per year in the maintenance log book are noted in the table below. 55A -152 Mr. Robert Silverstein, Esq. 0 0 Review Of The Recirculated DEIR And FEIR For The San Lorenzo Sewer Lift Station Project January 12, 2012 Page 4 of 18 MAINTENANCE LOG BOOK UNSCHEDULED MAINTENANCE ENTRIES Year No. of Entries Remarks 2004 4 Nearly all of the year. First entry is 1128104. 2005 5 2006 5 2007 7 2008 2 2009 10 2010 30 Five entries prior to 9113110, none of which mention rags or debris in the pumps. Twenty -five entries from 9113110 through the end of 2010, many of which mention rags, debris, clothes and trash. 2011 1 104 [Through 10111111. There are entries for 9113/10 and 9120110, which do not mention rags, debris or clothes, then the entries begin to be much more frequent and they begin to regularly mention rags, debris, clothes and trash. The entry after the 9/20110 is for 9114/10, out of order. The 9/14/10 entry and the following three are identical. The number of unscheduled maintenance entries from 2004 through September 13, 2010 vary from two to ten and average only five per year. Then suddenly in September, 2010, the number of entries shoots way up. There are 25 entries from mid - September through the end of 2010 and 104 entries in 2011. The wording of many of the entries is very similar. It is patently obvious that the City began padding the number of maintenance callouts starting in mid - September, 2010 merely to support the findings of its defective EIR. 55A -153 Mr. Robert Silverstein, Esq. • 0 Review Of The Recirculated DEIR And FEIR For The San Lorenzo Sewer Lift Station Project January 12, 2012 Page 5 of 18 ALTERNATIVES ANALYSIS The Alternatives Analysis in the Recirculated DEIR is incomplete, inaccurate and incorrect in numerous places. 5.4.4 ALTERNATIVE SITE No. 2 In this alternative, the pump station would be placed on City -owned property, a short distance east of the proposed site. Since the City already owns this property, this site should receive a very high consideration. Duration Of Construction The RDEIR and comments J -13 through J -17 of the FOR note that the length of sewer and force main would be approximately doubled in this alternative and then claim that the duration of construction would be increased. No explicit information is provided to support this assertion and, in fact, it is incorrect. Phase 2 of the construction schedule includes eight (8) weeks for "Clearing /Grubbing /SCE Pole Relocation ". See Exhibit K. This phase includes construction of the temporary sewer bypass. The major part of the time is required for construction of the temporary sewer bypass. If Alternative Site No. 2 is used, there will be no need for the temporary bypass and the SCE pole will not have to be relocated. Thus the time for Phase 2 could be reduced by at least four weeks and possibly by as many as seven weeks. Construction of the force main and sewer is in Phase 11 of the construction schedule. See Exhibit K. Four (4) weeks is allowed for Phase 11. Since the length of the force main and sewer for Alternative Site No. 2 is about double the length in the proposed project, the duration of construction might also be about double, i.e. four weeks more. As noted above, though, this amount of time would be easily offset by the reduction in the duration of Phase 2. It should also be noted in Exhibit K that Phase 11, the construction of the force main and sewer is scheduled to take place after the construction of the pump station (Phases 4 through 10). This was necessary because the pump station site is so congested and access is so limited that it is not feasible to work on both the sewer and the pump station at the same time. At most of the other alternative sites, there is more space and better access, thus construction of the sewer could proceed simultaneously with construction of the pump station, further reducing overall construction duration. 55A -154 Mr. Robert Silverstein, Esq. 0 . Review Of The Recirculated DEIR And FOR For The San Lorenzo Sewer Lift Station Project January 12, 2012 Page 6 of 18 Comment J -13 starting on Page 69 of the FEIR attempts to dismiss the fact that the additional laydown space that is available at Site No. 2 would likely result in a shorter duration of construction. (It might also reduce the bid price). The FEIR comments that the duration of construction will depend upon the contractor's means and methods. This is true but irrelevant. The fact that the contractor would have access to all four sides of the project at Site No. 2 would provide more alternatives for the contractor to shorten the duration of construction than would be available at the proposed project site, where the contractor has full access only from one side, and only partial access from Segerstrom Avenue. In comment J -16 on Page 72 of the FOR the greater depth of the pump station at Site No. 2 is mentioned. The use of the park site would require about 700 -feet of additional 15 -inch gravity sewer. The 15 -inch gravity sewer between the intersection of Bristol Street and Segerstrom Avenue is shown on Drawing C -3 (Sheet 6) to be 0.0020. The additional depth of the pump station at Proposed Site No. 2 thus would be: 700 Feet * 0.0020 Slope = 1.4 Feet. This additional depth of the pump station is trivial compared to the overall depth of about 30 -feet. In comment J -17 on Page 73 of the FOR there is a discussion that the impact on the intersection of South Bristol Street and Segerstrom Avenue is the same for both the proposed Project and for Site No. 2, as if this somehow detracts from the attractiveness of Site No. 2. The statement in comment J -17 is true, but irrelevant. The relevant point is that Site No. 2 does not cause any additional impact on the intersection. Odors The RDEIR and comment J -10 starting on Page 65 of the FOR assert that odor sensitive uses (residences) will be within 75 -feet of Alternative Site No. 2. The RDEIR does not identify which residences it is referring to, provides no documentation for this assertion, and clearly is inaccurate and incorrect. The claim that the point of odor release would be within 75 -feet of the residences is patently meant to be deceptive since the pump station could easily be located further back in the City owned property'. 55A -155 Mr. Robert Silverstein, Esq. 0 • Review Of The Recirculated DEIR And FEIR For The San Lorenzo Sewer Lift Station Project January 12, 2012 Page 7 of 18 South Shelton Street is approximately 40 -feet wide from back of sidewalk to back of sidewalk. The residences on the west side of South Shelton Street are set back at least five feet from the back of sidewalk. A setback of at least this amount would be provided on the east side of South Shelton Street, creating a distance of at least 50 -feet from the superstructure of the proposed pump station to the nearest residence. The superstructure of the proposed pump station is 30 -feet long. Simply putting the vent at the other end of the structure would place it 80 -feet from the residences, even if a minimum setback of only 5 -feet is provided at South Shelton Street. As noted above, the pump station could easily be moved further back in the City owned property. The facts above equally apply to many of the other alternative sites. Recreation The RDEIR and comment J -7 of the FEIR claim that a pump station at Alternative Site No. 2 would reduce the size of the park by 0.03 acres, which is 1,307 square feet. In fact, the superstructure of the proposed pump station is only about 8' x 30', or 240 square feet. The rest of the structure is underground and would not interfere with using the area above for park purposes. Pump stations are often placed in parks. One of the best known examples is the Oceanside wastewater treatment plant and pump stations which are located next to and partially under the San Francisco Zoo. The New Brighton Wastewater Pump Station in Santa Cruz County is located in New Brighton State Beach. The pump station portion of the structure is underground. The superstructure contains toilets and showers for use by those who are visiting the beach. Most of the visitors do not even know that there is a pump station below the toilet facility, and the use of the recreational lands above are not affected. A wastewater pump station has just been completed in the grounds of the new UCSF Mission Bay Campus. Transportation And Traffic The RDEIR and comment J -12 on Page 68 of the FEIR assert that the impacts to transportation and traffic would be similar under both the proposed project and a project at Alternative Site No. 2. The construction schedule for the project clearly shows that this is not true. See Exhibit K. 55A -156 Mr. Robert Silverstein, Esq. 0 0 Review Of The Recirculated DEIR And FEIR For The San Lorenzo Sewer Lift Station Project January 12, 2012 Page 8 of 18 In the construction schedule, traffic control plans B.1 and B.2 call for Segerstrom Avenue to be reduced to a single lane during construction of a pump station at the proposed site. These traffic control plans will be in effect from Phase 4 until Phase 10 of the project, which is from week 13 to week 37, a total of 25 weeks. Traffic control plans C.1 and C.2 cover the construction of the force main and sewer and have a duration of only four weeks. Since the length of the force main and sewer is approximately double for Alternative Site 2, the RDEIR suggests there might be traffic impacts for approximately an extra four weeks. In reality, the traffic impacts could be even less since much of the extra force main and sewer could be located in San Lorenzo Avenue, which is not a through street. In summary, Alternative Site No. 2 would result in impacts on Segerstrom Avenue for four to eight weeks while the proposed project will impact Segerstrom Avenue for 25 weeks, three to six times longer. 5.4.5 ALTERNATIVE SITE No. In this alternative, the pump station would be placed in the parking lot behind the commercial buildings at 2835 South Bristol Street. Duration Of Construction The RDEIR concedes that this site would require 23 percent less force main and that the shorter sewer would reduce the duration of construction by six days. As discussed for Site No. 2, Phase 2 (Clearing, Grubbing, Relocating The SCE Pole, And Construction Of A Temporary Bypass Sewer) would be shortened by at least four weeks. The duration of construction would further be reduced because construction of the pump station and the sewer and force main could proceed simultaneously since they do not interfere with each other at this site. Construction Of A Sewer In South Bristol Street At the top of Page 5 -27, the RDEIR notes the depth of the sewer and the number of utilities in the street and describes the trench work as being extremely difficult and requiring closure of part of the street. The length of new sewer in South Bristol Street scales as approximately 190 -feet. 55A -157 Mr. Robert Silverstein, Esq. is 0 Review Of The Recirculated DEIR And FEIR For The San Lorenzo Sewer Litt Station Project January 12, 2012 Page 9 of 18 The RDEIR fails to note that the proposed project also includes a deep sewer in South Bristol Street. Coincidentally, this part of the sewer in South Bristol Street also is 190 -feet long. Construction of the sewer for Site No. 3 would not be significantly different than construction of the sewer for the proposed project. Odors As in the analysis of Site No. 2, the RDEIR claims that there will be residences located less than 75 -feet from the pump station vent but it does not identify which residences it is referring to. In Figure 2 -5 of the RDEIR it can be seen that the public alley is 20 -feet wide and that there is another approximately 4 -feet of paved area up to the chain link fence. In Figure 2 -2 it can be seen that there are garages behind the houses that face on South Baker Street. These garages and space between them and the houses are approximately 25 -feet long. Thus the distance from the houses that face South Baker Street and the fence at the rear of Site No. 3 is about 49 -feet. If the vent is put at the opposite end of the 30 -foot long pump station structure, it will be at least 79 -feet from the residences, and this is without any set back from the chain link fence. Since some setback will surely be required, the residences will be well over 75 -feet from the vent of the pump station. Transportation And Traffic If Site No. 3 is selected, there will be no construction at the intersection of South Bristol Street and Segerstrom Avenue. This alone would dramatically reduce the impact that the project would have on transportation and traffic. The traffic control plans B.1 and B.2 in the construction schedule for the proposed project call for Segerstrom Avenue to be reduced to a single lane from Phases 4 through 10, a total of 25 weeks. Compared to this, Site No. 3 would not require any closures of Segerstrom Avenue. Because the length of construction in South Bristol Street is the same for both Site No. 3 and the proposed project, there will be no significant differences in impact on transportation and traffic on South Bristol Street. Comment J -18 of the FEIR totally misrepresents the significantly reduced impact on transportation and traffic that Site No. 3 would afford. Comment J -18 tries to equate a minor decrease in parking to weeks of lane closures in Segerstrom Avenue and construction in the middle of the intersection of South Bristol Street and Segerstrom Avenue. This is grossly misleading. 55A -158 Mr. Robert Silverstein, Esq. 0 • Review Of The Recirculated DEIR And FOR For The San Lorenzo Sewer Lift Station Project January 12, 2012 Page 10 of 18 5.4.7 ALTERNATIVE SITE No. 5 Alternative Site No. 5 is located in the parking lot of the commercial complex at 3001 -3005 South Bristol Street. This is directly across Segerstrom Avenue from the site of the proposed project. The RDEIR concludes on Page 5 -39 (last paragraph of this alternative) that Site No. 6 is equal to the proposed project, except that there would be a deficiency of six parking spaces during construction and that emergency access to the site would be inadequate. A deficiency of six parking spaces out of the 140 that are required for the site only during the period of construction represents a deficiency of only four percent and seems trivial. Adequate parking spaces would be available after the project is completed. The last paragraph asserts that the inadequate emergency access would be detrimental to existing businesses but does not explain why this would be so or quantify the impact. Moreover, at the top of Page 5 -38 the RDEIR states that the number of lost parking spaces would maintain access from West Segerstrom Avenue and would ensure access to the north -south alley. This means that access for emergency vehicles would in fact be available. The RDEIR fails to note that the use of Site No. 3 would obviate the need for the temporary sewer bypass and relocation of the SCE pole in Phase 2. As discussed above, this would shorten Phase 2 by at least four weeks. 5.4.8 ALTERNATIVE SITE No. 6 Alternative Site No. 6 is in the southern part of the parking lot at 2840 South Bristol Street, which is the Burlington Coat Factory. The RDEIR concedes that this alternative would require 46 percent less underground sewer conveyance infrastructure than the proposed project, that the overall duration of construction activities would be decreased, and that there would be a slight reduction in long -term odor - related impacts. The RDEIR does not quantify the reduction in the duration of construction activities and fails to note that the use of Site No. 3 would obviate the need for the temporary sewer bypass and relocation of the SCE pole in Phase 2. As discussed above, this would shorten Phase 2 by at least four weeks. 55A -159 Mr. Robert Silverstein, Esq. 0 0 Review Of The Recirculated DEIR And FEIR For The San Lorenzo Sewer Lift Station Project January 12, 2012 Page 11 of 18 The RDEIR notes that construction of a pump station at this site would result in a deficit of five parking spaces after the project is completed. A deficit of five parking spaces out of the 401 required parking spaces is only slightly over one percent and seems trivial. 5.4.9 ALTERNATIVE E No. 7 Alternative Site No. 7 is in the northeast comer of the same parking lot at 2840 South Bristol Street as Alternative Site No. 6. The RDEIR assumes that the pump station will be located in the northwest portion of the parking lot, claiming that this would result in less impact on traffic and transportation. The basis of this claim is not stated. The RDEIR concedes that the use of Site No. 7 would reduce the length of the underground sewer conveyance infrastructure by 77 percent. The reduction would be even greater if the pump station is located closer to the northeast corner of the parking lot. Location of the pump station a short distance away from South Bristol Street would allow all of the pump station construction activities to be in the parking lot and thus would result in no impact on traffic and transportation from the construction of the pump station. By contrast, construction of the pump station in the proposed project would reduce West Segerstrom Avenue to a single eastbound lane for 25 weeks. Site No. 7 would also avoid any construction at all in the intersection of South Bristol Street and West Segerstrom Avenue. These two factors would result in an enormous decrease in the impact on traffic and transportation. The RDEIR includes a long description of how difficult it will be to construct a sewer and force main in South Bristol Street. This argument is specious. The sewer and force main could in fact cross perpendicular to South Bristol Street and thus not run parallel to South Bristol Street. The gravity sewer is much deeper than all of the other utilities and thus would not conflict with them. The force main is a pressure pipe and does not have to slope continuously downward like a gravity sewer. It therefore can easily be snaked through the existing utilities. Although the RDEIR waxes eloquent about the difficulty of constructing a longitudinal sewer and force main in South Bristol Street, it fails to note that the proposed project includes 190 -feet of longitudinal sewer in South Bristol Street, Alternative Site No. 7 could totally avoid what the RDEIR describes as great difficulties. A;L"W1OfJ Mr. Robert Silverstein, Esq. is 0 Review Of The Recirculated DEIR And FEIR For The San Lorenzo Sewer Lift Station project January 12, 2012 Page 12 of 18 It would also be technically feasible to install the sewer and force main across South Bristol Street by trenchless techniques such as jacking and boring or horizontal directional drilling. If a trenchless technology is used for placing the pipes, the only work that would have to be done in South Bristol Street would be the connections of the gravity sewer to the existing manhole and connection of the force main to the existing force main. These connections would require only a small pit that could be constructed in at most three or four days each. This work could occur on weekends or at night so that the impact on traffic would be minimal. The RDEIR gives Alternative Site No. 7 credit for a reduction in the duration of construction of eight days. As discussed elsewhere, using sites other than the proposed site would avoid having to construct the temporary sewer bypass and relocate the SCE power pole, which would shorten the duration of construction by at least four weeks. The greater amount of space and the better access to the pump station in Site No. 7 would result in even more reduction in the duration of construction. The RDEIR states that impacts due to odors would slightly increase due to the decreased distance to nearby sensitive receptors, i.e, residential. This statement is incorrect. There are no nearby residences. As for Site No. 6, the RDEIR notes that construction of a pump station at this site would result in a deficit of five parking spaces after the project is completed. A deficit of five parking spaces out of the 401 required parking spaces is only slightly over one percent and seems trivial. 5.4.70 ALTERNATIVE SITE No. 8 Alternative Site No. 8 is located in the rear parking lot of a medical building located at 2810 South Bristol Street. The RDEIR concedes that the use of Site No. 8 would reduce the length of the underground sewer conveyance infrastructure by 27 percent and that Site No. 8 would also avoid any construction at all in the intersection of South Bristol Street and West Segerstrom Avenue. The two factors would result in a significant decrease in the impact on traffic and transportation. The RDEIR again includes a long description of how difficult it will be to construct a sewer and force main along South Bristol Street but fails to note that the proposed project includes 190 -feet of longitudinal sewer in South Bristol Street. 55A -161 Mr_ Robert Silverstein, Esq_ 0 0 Review Of The Recirculated DEIR And FEIR For The San Lorenzo Sewer Lift Station Project January 12, 2012 Page 13 of 18 The RDEIR gives Alternative Site No. 8 credit for a reduction in the duration of construction of four days. As discussed elsewhere, using sites other than the proposed site would avoid having to construct the temporary sewer bypass and relocate the SCE power pole, which would shorten the duration of construction by at least four weeks. The greater amount of space and the better access to the pump station in Site No. 8 would result in even more reduction in the duration of construction. The RDEIR also concedes that Alternative Site No. 8 would have a reduced potential to expose nearby odor - sensitive uses to substantial offensive odor levels. The RDEIR notes that construction of a pump station at this site would result in a deficit of only three parking spaces after the project is completed, which is a very minor impact. 5.4.10 ALTERNATIVE SITE No. 12 Alternative Site No. 12 is located in the parking lot of a medical building located at 2701 South Bristol Street. The RDEIR concedes that the use of Site No. 12 would reduce the length of the underground sewer conveyance infrastructure by 42 percent but asserts that it would result in an increase of two days in the duration of the construction. This assertion is based on the specious presentation about the difficulty of construction in South Bristol Street. The construction schedule for the project allows four weeks for the pipeline work, including the 190 -feet of gravity sewer in South Bristol Avenue. Any increased difficulty of working in South Bristol Street would very likely be offset by the 42 percent reduction in the length of the pipes. Even if the much shorter length of pipeline work took the same four weeks as the pipeline work in the proposed project, the traffic disruption of four weeks in South Bristol Street would be far shorter than the 25 week lane closures in West Segerstrom Avenue. As discussed elsewhere, using sites other than the proposed site would avoid having to construct the temporary sewer bypass and relocate the SCE power pole, which would shorten the duration of construction by at least four weeks. 55A -162 Mr. Robert Silverstein, Esq. 0 Review Of The Recirculated 9! And FEIR For The San Lorenzo Sewer Lift Station Project January 12, 2012 Page 14 of 18 Moreover, because the sewer to Alternative Site No. 12 and many of the other sites would not significantly interfere with construction of the pump station itself, the construction of the pipeline infrastructure and the pump station could proceed simultaneously. This would reduce the duration of construction by another four weeks. The RDEIR also concedes that Site No. 12 would also avoid any construction at all in the intersection of South Bristol Street and West Segerstrom Avenue. This significantly decreases the impact on traffic and transportation. The RDEIR again includes a long description of how difficult it will be to construct a sewer and force main along South Bristol Street but fails to note that the proposed project includes 190 feet of longitudinal sewer in South Bristol Street. AN ENVIRONMENTALLY AND ECONOMICALLY SUPERIOR PROJECT At the top of Page 2 -8, the RDEIR states as a Project objective, "[tjo provide a lift station facility in which electrical components of the facility are housed above ground so as to preclude the potential for electrical failure during peak storm events (due to flooding)." This Project objective is not met by the new design. Drawing 14 of 49 for the proposed pump station shows that the motors of the new pumps are far below ground level in the dry pit. If there is a break or leak in the discharge piping during a power outage when the sump pump is not in operation or a break or leak of a magnitude that exceeds the capacity of the sump pump, the dry pit will flood and will ruin the motors. This means the proposed pump station is no better than the existing pump station at meeting this project objective. An environmentally superior project would be to construct a submersible pump station, using the existing 8 -foot diameter wet well. Attached are three pages from the Flygt Pump Company showing a typical submersible pump station and the dimensions of a submersible pump. See Exhibits E through G. Submersible pumps have the motors directly connected to the pumps. As the name implies, the pumps are submersible; that is, they are sealed and therefore can and usually do operate underwater. The submersible pumps slide down guide rails into the wet well and then connect to the discharge piping at a base fitting. The pumps can be hoisted out of the wet well for service. Since all of the work on the pumps can be done at ground level, there is no need to enter the wet well, thus confined space safety is not an issue. 55A -163 Mr. Robert Silverstein, Esq. 0 0 Review Of The Recirculated DEIR And FEIR For The San Lorenzo Sewer Lift Station Project January 12, 2012 Page 15 of 18 This arrangement provides ample access space for maintenance and thus meets (and exceeds compared with the proposed project) the second project objective listed on Page 2 -8 of the RDEIR. An additional advantage of a submersible pump station is that the pumps can be fitted with grit -flush valves. The grit -flush valve is mounted on the side of the pump and allows much of the flow from the pump to squirt into the bottom of the wet well for a few seconds each time the pump starts. This stirs up the grit in the bottom of the wet well, which allows the grit to be pumped away. The maintenance records that were provided show that from time to time the City hires a contractor to pump grit and debris out of the bottom of the wet well. The grit -flush valves would reduce or perhaps even totally avoid this recurring cost, thus benefiting the City and its residents as compared with the design of the proposed project. Another advantage of submersible pumps is that because they are submerged, they cannot be heard, There is no noise impact, thus benefiting the City and its residents as compared with the design of the proposed project. The electrical control panel for the submersible pump station would be above ground at the back of the sidewalk, exactly where it currently is for the existing pump station. The existing pump station has two pumps, each rated at 2,600 GPM at 29 -feet total dynamic head (TDH). A submersible pump station alternative would include three submersible pumps, each rated at 1,300 GPM at 29 -feet total dynamic head (TDH). Two of the pumps would handle the peak flow. The third pump provides redundancy. A performance curve for a Flygt NP3153.181, MT, Curve No. 63- 435 -00 -4530, 217 mm impeller pump is included as Exhibit H. This pump has a capacity of 1,310 GPM at 29.30 -feet TDH, i.e. each pump has half the capacity of one of the existing pumps but the new pumps can still produce the same discharge pressure. If it is decided that the proposed hydraulic capacity of 2,600 GPM is in fact inadequate, similar submersible pumps are available to provide a higher capacity. At the bottom of the Lift Station Dimensions page (Exhibit E), it can be seen that the centerline to centerline spacing between the selected Flygt pumps is 24- inches (twice the PL dimension of 12- inches), thus three of these pumps can fit in the existing 8 -foot diameter wet well. 55A -164 Mr. Robert Silverstein, Esq. 0 0 Review Of The Recirculated DEIR And FEIR For The San Lorenzo Sewer Lift Station Project January 12, 2012 Page 16 of 18 Exhibit 1 is a photocopy of a part of Sheet 4 of 49 of the plans for the proposed pump station. (Figure 2 -11 of the RDEIR). it has been marked up to show what the superior submersible pump station alternative would look like. There would be three submersible pumps in the existing 8 -foot diameter wet well. The new facilities would include a valve vault in the sidewalk with a hatch cover. Work on the valves thus would not have to be done in the street. Both the 19605 and the 1989 pump stations had similar access hatches in the sidewalk. A submersible pump station is not only environmentally superior to the Project, it is economically superior. The estimated cost of a submersible pump station is presented in Exhibit J. The total estimated cost is $748,000. This is less than a quarter of the estimated cost of the proposed pump station. Construction has just ended on the Secline Pump Station for the North Tahoe Public Utility District. I was the lead design engineer on this project. In this project a new circular wet well was placed in an existing rectangular wet well, four submersible pumps were installed in the new wet well, a valve vault and piping were installed to connect the new pumps to the existing force main, and an underground pump station was abandoned. This is similar to a submersible pump station that could be placed in South Bristol Street. The cost of the Secline project was $750,000, which confirms that the cost estimate in Exhibit J is reasonable. Not only is the submersible pump station alternative about four times less costly than the proposed project, but it also can be done in only a fraction of the time. In the Secline project, the contractor was on site only five weeks. That, in turn, means that environmental impacts of the proposed project would be mitigated or avoided, including but not limited to traffic, pedestrian safety, and noise. The submersible pump station alternative is clearly a potentially feasible alternative. it should have been fully disclosed and analyzed, preferably as part of a recirculated RDEIR, so that the public, other public agencies, and decision makers have a full and fair opportunity to review and comment on it. 55A -165 Mr. Robert Silverstein, Esq. 0 0 Review Of The Recirculated DEIR And FEIR For The San Lorenzo Sewer Lift Station Project January 12, 2012 Page W of 18 Conclusion The descriptions of the existing facility in the RDEIR and the FEIR are flawed, creating justifications for the Project where none exist. Moreover, the alternatives analysis is equally flawed. CEQA Guidelines Section 15126.6(f)(2) says the "key question and first step in analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. " A site, such as Altemative Site 2, that avoids lane closures on Segerstrom Avenue for approximately six months, will significantly reduce the Project's traffic impacts, thus meeting the "key question and first step in analysis" under CEQA Guidelines Section 15126.6(f)(2). Many of the other alternative sites would also similarly reduce the impacts. Finally, the RDEIR and FOR are fatally flawed because they have not included the obvious alternative of rehabilitating the existing pump station as described above. Very truly yours, Bonneau Dickson, PE Mr. Robert Silverstein, Esq. ! • Review Of The Recirculated DEIR And FEIR For The San Lorenzo Sewer Lift Station Project January 12, 2012 Page 18 of 18 Exhibits: A. CWC -HDR Drawing 6 Of 10 For The 1989 Project, B. CWC -HDR Drawing 6 Of 10 For The 1989 Project. C. Invoice For Rehabilitating The Pumps In 2007. D. Email From Gorman Rupp Saying Parts Are Readily Available. E. Typical Lift Station Plan. F. Typical Lift Station Section. G. Submersible Pump Dimensions. H. Performance Curve For A Suitable Pump For The Existing Segerstrom Pump Station. 1. Submersible Pump Station Superior Project. J. Estimated Cost Of A Submersible Pump Station In South Bristol Street. K. Construction Schedule For The Proposed Project. 55A -167 i EXHIBIT A 0 A;Lllw• �w ow F w° w �-x I / I� w .d z w Q O V N z ° a az. Q - w �o w IM _ o o f 14, 0 , !� �- u, z o z Q � � � �w 4 i m F xl `i' Io 0. W = C Of u.11. Id h- cn ' b3.Lf w F-- M W W In }� rm0 /I 1:/ i I/ 4• �3 .W z a J A W z CL a U � _. UJ Q [L = t3 �w� U �.JJIU ms { I� I W { z z J J in z 55A -170 1 CJa «._1 0 U) x in V ul cc Co. CL T- Y 0 a LL 0 to C) ee� oG D Q d K w { F A f `d3S -- } f } ti d I x f z �,-•. E w z { o a � m -- � h � i � N � I ¢ I � U v7o +V'b.LS � I �w ow F w° w �-x I / I� w .d z w Q O V N z ° a az. Q - w �o w IM _ o o f 14, 0 , !� �- u, z o z Q � � � �w 4 i m F xl `i' Io 0. W = C Of u.11. Id h- cn ' b3.Lf w F-- M W W In }� rm0 /I 1:/ i I/ 4• �3 .W z a J A W z CL a U � _. UJ Q [L = t3 �w� U �.JJIU ms { I� I W { z z J J in z 55A -170 1 CJa «._1 0 U) x in V ul cc Co. CL T- Y 0 a LL 0 to C) ee� oG D Q d K w I* EXHIBIT B 55A -171 - ACCESS TUJ } Ask EXIST '7UMP STATION EX157 WET WELL MANHOL 8-FOOT DIAMETER ALL 1960s EQUIPMENT REMOVED PLAN N 7S. EXISTING BRISTOL PUMP STATION DEMOLITION DETAIL OF Cl EXHIBITS. CWC -HDR DRAWING 6 OF 10 FOR i'HE 1989 PROJECT. 55A -172 0 EXHIBIT C I* 55A -173 L_ L Y 0 LIPN46v� _GLU I,Y_FpL00 -` FAUt 01/d1 i W4 v► CRMMNAL' INVOICE "1t RAN GE -COUNTY, PUNP 0. ss`` car 0ft0b4'.... ,24th 2 {{�� 0 0; 1310 N, Harbor Stva, s Santa Ana, Califon fle 92703 1 .a 554 -1722. J800) 440- PUrnt= { .FAQ (714) 554-&02 2220 S. Da se AVeP Ra tft Ana., &ufa is $2703 �l5 If. 7H 3 ; .p T ,ty , ouAmrinr o� dR TNs • DRucE . . GO n Rupp blade; Ti OR3 -B is I D188aisenble a a sssg all p d motor RAC _ baQ •,ER9110 I�OWian •p �REEd".i tB4 ,, r aa' Leave ;Lh o . working i rdet. ids �tslt g $ ls1�I end r :�:,. •.:.ssztv'ic� , vase;rat a � tis�e � ; 2 4510 -A GtM{ seal -. sSOMblf 2 381684 -302 G'R .94al plate# assembly 2 6- 169 •ba bear' t 3 #2:9 685 2 Z4 ?.3 -43.3 I 4'. 159I7 -6i sew.R._ - -.__ 43.96 ... f► 1 r M AL _ WORK COMPLETEI 2 -1-07. 4 an eewtty , n dprr r lac p.► ".ft Yli " CM.tpa wx a* :ddt:d r ! 1A�N N10pl18' i.°!lr?tPl ff` ?F'pE71 "n rMAL 7MA6 TAkmt" 2 t:5 op- r4pair i b -pumv #3 ' ifr �,,,�f10. ?30..44. SAMS n0e X 3 4.0 RT4&0 ST install #1 & t T30 .00 3 325.00 $BG:Ot} '3850 -.:Ot1 3 3.S ► t t 1T' 2'•G.ring t � �s�efla :00 210. DO .770.00 �t nMr t 4.5.00 .t 2 3 Z.S.��ar 0 2 . }a -ins 0. -�D 32 .5. GG 880-00 INVOICE TOTAL 62{8.40 2 . 865 4.0 drd$T.recair .?, tea crec% .22jo -.a . i J ,.- TOTAL LABOR ieceived by. Tt1ank -You, .rt rwVt. and thorlego mwi as mom wVA% S dan anw 6466 at ypg* : Urwim short* on Post due oe"W00- -t7: 061 inedt w IM tVolditfp, demo * on py.. wo"a Me+etlotta4a, Me to DOO6t tlfM V6d In n1w W1w1 4"m V=hab rpm-y R poW M each, Otnd- to d~:01 jWn#N CI MqXMgy. MiN `" tsMOr�- duel. 4041_ M *►►tit Out_" eceeawd A"ifo .. tlM�wrq •tend M M1 n+* ww CRT -t* NNtp.1.-woesodnye: Dutena -. Q9 tp Pay wotoftt& alkltNy �N and Ge.wt colt. EXHIBIT C. INVOICE FOR REHABILITATING THE PUMPS IN 2007. 55A -174 11 le EXHIBIT D 55A -175 Gmaii - Gorman Rupp Model TO -B information 0 Page 1 of 9 Bonnesu. Dickson 4dickson.bo»ne =ujfttni1l corn Gorman Rupp Model T10A3 -13 Information 6 messages Suzzane Thomas <sthomasQthomaspumps.net> Mon, Oct 31, 2041 at 4:43 PM To_ dickson.bormeau@gmail.com Good Afternoon. We are the Northern California reps for the Gorman Rupp Company and have been asked to respond to your inquiry about your clients T10A3-B pump. This model is still in production and parts are readily available. A budgetary estimate for a new pump would be around $11,000 not including freight or tax. The replacement rotating assembly would be around $5,000. This is a very rugged pump and we have many units still in service after 30 years. The iaVartant thing is that the casing registered fits are still Intact. If the casing Is in good shape ar replacement rotating asst': would be all you Would need. t could arrange for my Southern Caftmia counterpart to go to your clients location and inspect the pump and make a recommendation if you would so desire. Please let me know how I can be of further help in this matter. Thank you for your Interest in Gorman Rupp Pumps Regards Suzy Thomas Thomas and Associates EXHIBIT D. EMAIL FROM GORMAN RUPP SAYING PARTS ARE READILY AVAILABLE. http:ll mail .google.comlmaiV ?ui= 2 &ik= 3048f3 lcl g &vier —pt &search- inbox &th =1335bb$... 1114/2011 55A -176 I* EXHIBIT E I* 55A -177 i ITT FP {N P -3153 ' Water &Wastewater ? Lilt Station Dimensions Iss;nued: zro9. Supl. odes. ZW p NOTES: 1. CONFIGURATION AND DIMS- WOWN ARE SUCGESTM REOUIREMENTS ONLY, ALL DETAILS. INCLUN14C 3. LOCATE ANE14OR I3OL:TS USING INSIDE EDGE OF CLEAR OPENING AND PUMP CENTERLINE AS SIZING OF PIT, TYPE. LOCATION AND ARRANGEMENT OF VALVES AND PIPING, ETC. ARE TO BE SPECIfiED REFERENCE POINT, BOLT LOCATIONS MUST BE HELD TO MAINTAIN CXACI POSITION OF PUMP TO CLEAR BY THE CONSULTING ENGINEER AND ARE SU64CT OPENING. TO THEIR APPROVAL- 2. 2. REFERENCE GENERIC DUPLEX LIFT STATION LAYOUT ITT FLYCT 181X -FU35H HALVE. FOR ELEVATION VIEW, --1 B i simplex C, PIT Duplex �Pf i TF r - T oU 0U c� IR`.i�l`:l� All RlljFNl IA MC iDt I&I 1k1f -LJVC I-! W 4� 1- -ilY 1 I TY f- MIN. `, _- t - I ! ANN, v. � MIN. V ��P MIN. Y Mlsl. 1 ZAE—W TOP VIEW A c>,aR a NlNG REF. POINT 3 � REF U. ANENpft� POINT Oi..T (4x.) /�r- C A "— r PIT BASE 9EGTK7N 1 �L.._ ? - 4- � 1 —5-PIT, PUMP & UPPER D CUIDE BAR --1 B i BRACKET PIT BASE SECTION IR`.i�l`:l� All RlljFNl IA MC iDt I&I 1k1f -LJVC A "— r PIT BASE 9EGTK7N EXHIBIT E. TYPICAL LIFT STATION PLAN. 55A -178 i° ANCHORS BOLT (8x) PL TYP_ Ii PIT j PUMP ANON UPPER WOE BAR BRACKET 7YP. Ea W� ►1� IR`.i�l`:l� � #�.1� ®��,i.L7 �� � ®{6:t 7!(2J ��P W�A W �) t'r i »ii��3� ®ii]E�1�1�7 ®�l�mQ#l�m ®€s E�i�3 t►T�i�it�R'i ®7t�i�me���mi ll[�1i �Li "li E_ 7 EXHIBIT E. TYPICAL LIFT STATION PLAN. 55A -178 i° ANCHORS BOLT (8x) PL TYP_ Ii PIT j PUMP ANON UPPER WOE BAR BRACKET 7YP. Ea 0 EXHIBIT F 0 '� 55A -179 0 0 Generic Duplex tuft Station Layout e- Catalog >r Lift Station Guide Lines Issued: Qft I Supersedes: W05 ITT FLYGT PUMP CONTROL PAMEL ITT FLyyYGO7 -UPPER �S$ACOVEP !~ BAR BRACKET SHUT OFF VALVE 1 IIr-CABLE HOLDER., .. . GROUT I VENT PIPE J f ITT FLYGT I ITT FLYGT y l SAFE HATCH GROUND EL. 1 5087 BALL 1 j ACCESS COVER],' I; FT__!N Z CHECK VA L VE _ GROUT =1 I I--7I 4 ill` �I �! LEVEL SENSQR �T ,I HIGH LEVEL a + r ALARM __F T_ .SIN INTERMEINATE GUIDE BAR BRK7, , (USED FOR GUIDE BARS OVER 20 FT. LONG) 41 ~ .LAG PUMP ON __177__10 :11\/ REINFORCED< T CONCRETE PIPS JV + �- LEAD PUMP ON�, fTJN DISCHARGE, CONNECTION I GUIDE BARS (NOM. SIZE) �I I �I d l e _PIPE _ FT_ ,IN 80'I& I PUMPS OFF •_•_FT__IN a a BASE ELEVATIOif — . __FT__IN Q NOTES: 1. COVER SHOWN IS A STf1NDARD DUTY SAFE 4, 60- RECOMMENDED. HATCH WITH ANGLE FRAME. FOR DIMENSIONS ON 5. OTHER MATERIALS AVAILABLE. CONSULT ITT FLYGT. ACCESS COVERS PATH SAFE HATCH OR WITHOUT g, ITT FLYGT LIQUID LEVEL CONTROL MON7?IORING SAFE HATCH A5 WELL AS HEAVY DUTY OR OTHER SYSTEM. TYPES, CONSULT ITT FLYGT. 7. GOOD DESIGN PRACTICE DICTATES THAT 2. INSTALL ACCESS COVERS PER MANUFACTURER'S INFLUENT PIPE ELEVATIONS HIGHER THAN LWL. INSTRUCTIONS. SHOULD BE AVOIDED DUE TO RISK OF AIR 3. MIN. LIQUID LEVEL MUST NOT FALL BELOW TOP OF ENTRAINMENT, UNLESS SPECIAL. ARRANGEMENTS VOLUTE. ARE MADE. EXHIBIT P. TYPICAL LIFT STATION SECTION. 55A -180 F' 0 EXHIBIT G I* 55A -181 • REF-LINE 292 • f r 31 171 REF.LINE, 2 4j —7- 2" GUIDE BARS �� ry v MIN LEVEL 41 REF'.LINE .� VIEW Q U YJ Ncn� ♦4I ' BOLT_ 0j (4x) O UI * DIMENSION TD ENDS OF GUIDE BARS I�no Dimensional dr-wg AUrOCAD f NP,FP 315.3 MIT DRAWNG 1*6 " ; UVEI ht'(lbs,' Pump D-sch' EXHIBIT G. SUBMERSIBLE PUMP DIMENSIONS. A I IS EXHIBIT H 0 A;t" OOK Pip) to 16 ui 14 ? i2 a 10 8 2 DM42O1NT F(Opp i16AO[lq pong pp) EFF.1%] NPS%vpq C JARAN EE Q I Isla 29.30 18.6 414.71 SBA (M3) ' 223 S.E.P. 961 4147 65.5 174.5) 22.9 NI "A NPSHre 111w p I THE PERFORMANCE CURVE NP3153.1 81 MT DATE PROJECT CURVE HO ISSUE 2011 -10-31 6343"0-4530 5 1h -LOAD 314-LM It2 -LOAD RATED err NPILLERDU11W@W POWER K4c7zR .0.77 0.85 Sl' WEA 15 hp 297 mm EFF"NCY LOI-182 5 % 89.596 984 �NEJ47 ... 114 A 6107ORN CTAYM R£Y MomR DICTA - — — CkMENT ... 19 A 21 -15-4M OMER 91 Cm%wAT4 14tETMTLET RATED IoT 1755 r PREL>L PifASEa YdLYAO PoLm 4 G inch c� 60 Hz 3 460 V` 4 rrr�r IMF. TnRoumiLer IN M -. 0.0.72 kgm2 agARYWE. RAT�p -- auoes 2 r Pip) to 16 ui 14 ? i2 a 10 8 2 DM42O1NT F(Opp i16AO[lq pong pp) EFF.1%] NPS%vpq C JARAN EE Q I Isla 29.30 18.6 414.71 SBA (M3) ' 223 S.E.P. 961 4147 65.5 174.5) 22.9 NI "A NPSHre 1 r EFF. N go 70 40 3 10 +° 0 400 Boo 1200 1600 2000 [l% pm] FLOW LL NPSWe a KPSH3% * Min. opecelfwal merWn GUARANTEE BETWEEN UOTS (a0) ACC. TO P6Aorrrw" VAM dear water and ambient temp40'C H i level A EXHIBIT H. PERFORMANCE CURVE FOR A SUITABLE PUMP FOR THE EXISTING SEGERSTROM PUMP STATION. 55A -184 err r� r r ���r�rrs�r rrr�r �rrr.�,��r�r►.�rrr . �rr■�rr���,rr�r■rrrrr , �rr�,.r �rr�■rr a�arrrrra��.�!r� ■r�r.r�rrrr�r►�� rr , 1 r EFF. N go 70 40 3 10 +° 0 400 Boo 1200 1600 2000 [l% pm] FLOW LL NPSWe a KPSH3% * Min. opecelfwal merWn GUARANTEE BETWEEN UOTS (a0) ACC. TO P6Aorrrw" VAM dear water and ambient temp40'C H i level A EXHIBIT H. PERFORMANCE CURVE FOR A SUITABLE PUMP FOR THE EXISTING SEGERSTROM PUMP STATION. 55A -184 18 EXHIBIT 55A -185 wW 0 W z 0 a a a J CG D M� lilt 4. a cc W m 1 z z 0z z X0 v cu x z z 0 _ 1 Z CL za) , Z i as z r, O V tL 55A -186 _ a in C- a LLJ J � 0 EL y W `.1 I y w O h. g �-Ilea Asa w+� 4 J v� 9z, O u r N LL Q a �i Z n N N z. 0 EXHIBIT J 0 55A -187 Te DLO �0 :0 CO g0L ¥NC ;0000 CO) CM W) » I- Cf) _ 3 L § ui � R d, 2' W k � k � , ! ' z m (0). z CL CL �j � • $ col. . m; '» $ ,2 K © L a ~ LL. $�t 0 : v O. 2 § .a C . § ti ■ . I k \�0 0 W � ■ - M i 222 ■ @. c La ■ m \ a, IE$£;��_ . E �R '� Q , 0 222 E § © CL > §§�. a a I : a ■��c�7�� $= o ■ 0 ' & ,ƒ § _ .> '0 E22mEa2� ®§ CD �� m:2 = c e ®■ .0 (1) o c o > <;MW @n :w @ Q . / �o q n It q o & : ; 0 ,ca Te DLO 4) EXHIBIT K 19 F- LL Z Q U 0 U L� 2m pa Na w y. m a=. a U. 00 2� �O �W z ff O LU 0m QQ O WW lam- 4 a.. �oY ula u >W w irau 1-W U) 06< 4 of .Z o -a1L ... i J s J ti ti E? 2.� lift 33 ; d t 3 q K sIIs JE Z 3oa fj _o �r W W� L: 0 0 W a Z Q. 0 t W ~. 0 zN O W W Q) Lu LU LU O U. 0 }rr iii k V f5o m Co. — O r � H CL WE iF-R �v az°0 ZI a� v°o Pq 3 a�ca 19ZW 0 yj �NW t�. tli W d LL. �Fym �4aW F CO N HUM carom V LU w 0. W 0 0 LU a OC 0 LU 1 ca a Q 0 1- m 11% * M EXHIBIT 2 40 55A -191 Ar-I .7N 'Im TI Vv%F �J L ---------------------- 55A -192 IL jAJ Aod. LVA J f J)t- i hx 4r- i ILI Ar-I .7N 'Im TI Vv%F �J L ---------------------- 55A -192 I I 0 1 I I I I I I 55A-1 ",qlat parts of"uipfwlv ovohlw., Ypm7aMo AT cn-, t e- K;r-e- Ax -5--e OK Lelwl, 4 7�A 55A-1 qe-- ?44 7,r /-c. ----------------- 55A-1 pal Z - ar,- So-6 c,&, Aim; r;fjop What Dart -f FP X C4 I c Alor 6c-pq rH t-Gar s- 'L-4 55A-11 IC VA c 14 fbS 55A -19 wn4t Dar— v eva LL -------- Q &sj t L7 irf T �J U 55A -19 i i J Js I { 1 Ii I - - 55A -196 i = Dptr+atc�r(s): What aal:W [2--C-091 L[.q,Pin. c (� & V-r `p i k' cNay - ,'d. -L- E--2 -T 0 a• �e i' LZ I i tj�D rltALL- SAC-72 Fio)ct— 04-, i IA, K 7 tor'�, Jigl UA MEM cNay - ,'d. -L- E--2 -T 0 i4L-cW /I4-.� I rltALL- SAC-72 Fio)ct— 04-, 9A4 tj If MEM OUIA- 1 zlzl 15 74-yt�,T F4 Al 12— Act 49 A6 �s Z9 in 09 If rm rm A A 0% 0% OUIA- 1 zlzl 1 ,VAR 9 r _ r" (v • �7c7 vu i . TIVV 9 r _ r" (v • �7c7 vu i . �IIlL�7 SL'' TIVV a. +5 i i 4/00 'tr e� a Or 2 �IIlL�7 SL'' io � nl 4 i r Ci►'� LM.� d . I2 - 2 - ! 0 i I� -�crc` Su•�1- ?' tw►.�+U C Q - zul r a d•{�- - Noi.7� L �l uDk— . ;o _ r+P CtG ,4„� I.kr /� ®;{t �ic6t7�S c-K J- ►�U�l� - &LUGA S LJ C— i ALL �tD 7F. t 12—' _ IV Acio l T S 2Lac �LLltt? r Ci►'� LM.� d . 4L- I I U- U-i- lAt - cS 19 t.-C, , r 1 13 13 t cm,. ak 1 Q o. Li Mlll -� 1 R lie e � � r r r 14 zllkol 610 Sic ref-n 4- �t-v, -x L (ark, (:aAeR lb 41 60.1 17 9A Cs 3�2 AL t u jo; 04 V.A 11twX) Ali Z, MA? gy eln131 15 0. , ? ( /)J, #,4f lwx amfon or 1 A fJ 6 fr � JCr� i a i ;'.- .;`•.. CD \ rJ. If I IM f A 1 -'2-4' .L /a -3 CI R 20 Ir /) 77,E 3 Pill IL/ LdC nV V y Iav �t h ru 1 hC 60"+- k 'oU Ole. CCA 01A07 &b'��'��l�ati. I 1� 17 ti 4a� b "7Y ■ tam CA( f t C L&A f- 5 -z9- 'Orr- () Qk c1 yw f t C L&A f- 5 -z9- 'Orr- F �F , �P.� ►,cce� av Alo rIA o,+7 I/ cv le" cleb {ct r 55A -210 LIM �,I MROL 1 �►L . r i v L• OM.1�/ r r r. f r' RMt MIT MORMW *► _ y . - ..r . 1 tj, '► r �I r _ j I I I 20 (L ),,.,EJA UUM-AL I AL - I "--v FrL- I!.' uin C, C, U u VU UUM-AL I AL - I .l_ tia IM I Ol.— A 'GA �lt.11j .-i 21 iALJ A '/ )=Y- Cl viol vi-, ol-A OT �C/,�!Aj L.AA-% h,- IA"-D. 22 e F1 z i r . w-7 Nor�ln C, F v 23 eal r �S its 1 .1 1 to a� I � � �S �l t�j t� . le 1w- 55A -216 10 EXHIBIT 3 40 55A -217 0 THE SILVERSTEIN LAW FIRM A Professional Corporation October 10, 2011 VIA FACSIMILE (858) 755 -7874 AND U.S. MAIL Dennis W. Daley, Esq. Daley & Heft, LLP 462 Stevens Avenue, Suite 201 Solana Beach, CA 92075 • 215 NORTH MARENGO AVENUE, 3RD FLOOR PASADENA, CALIFORNIA 91101•IS04 PHONES (626) 449.4200 FAXe (626) 4494205 ROBERT@RoBERTSn vER.,-,mlNlAw.coM wW WAOEERISILVERSTETNIAw. coM VIA FACSIMILE (714) 647 -6515 AND U.S. MAIL Jose Sandoval, Esq, Managing Senior Assistant City Attorney City of Santa Ana City Attorney's Office 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Re: California Public Records Act Requests San Lorenzo Lift Station Project Dear Mr. Daley and Mr. Sandoval: This request is made under the California Public Records Act pursuant to Government Code Section 6250, et seq. Please provide copies of the following from the City (as "City" is defined below). For ease of reference in this document, please refer to the following defined terms: "City" shall refer to the City of Santa Ana, the City of Santa Ana City Council, and all City of Santa Ana commissions, boards, offices, departments (including the city attorney's office and outside special city attomeys), officials, employees, consultants, and agents. "Project" shall refer to the San Lorenzo Sewer Lift Station Project. (1) All maintenance logs, repair reports and other documents related to maintenance and repair of the Segerstrom Lift Station from January 1, 2010 through the date of your compliance with this request, including but not limited to correspondence, emails, attachments to emails, correspondence, administrative drafts, staff reports, studies, photographs, memoranda and internal memoranda, agenda items, agenda statements, notes, photos, diagrams, schematics, and plans. (2) All documents and communications related to the attached excerpt of the Recirculated Draft Environmental Impact Statement for the Project that "the nearest sensitive receptor (i.e., hotel unit to the west is located at a distance of 55A -218 Dennis Daley, . Es q Jose Sandoval, Esq. October 10, 2011 Page 2 approximately 75.5 from the location of the proposed exhaust fan for the lift station facility, while the nearest residential home is located approximately 110 feet northeast of the proposed exhaust fan." I draw the City's attention to Government Code § 6253.1, which requires a public agency to assist the public in making a focused and effective request by: (1) identifying records and information responsive to the request, (2) describing the information technology and physical location of the records, and (3) providing suggestions for overcoming any practical basis for denying access to the records or information sought. If the City determines that any information is exempt from disclosure, I ask that the City reconsider that determination in view of Proposition 59 which amended the State Constitution to require that all exemptions be "narrowly construed." Proposition 59 may modify or overturn authorities on which the City has relied in the past. If the City determines that any requested records are subject to a still -valid exemption, I request that the City exercise its discretion to disclose some or all of the records notwithstanding the exemption and with respect to records containing both exempt and non- exempt content, the City redact the exempt content and disclose the rest. Should the City deny any part of this request, the City is required to provide a written response describing the legal authority on which the City relies. Please be advised that Government Code Section 6253(c) states in pertinent part that the agency `shall promptly notify the person making the request of the determination and the reasons therefore." (Emphasis added.) Section 6253(d) further states that nothing in this chapter "shall be construed to permit an agency to delay or obstruct the inspection or copying of public records. The notification of denial of any request for records required by Section 6255 shall set forth the names and titles or positions of each person responsible for the denial." Additionally, Government Code Section 6255(a) states that the "agency shall justify withholding any record by demonstrating that the record in chuestion is exempt under expressed provisions of this chapter or that on the facts of the particular case the public i interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record." (Emphasis added.) This provision makes clear that the agency is required to justify withholding any record with particularity as to "the record in question." (Emphasis added.) Please clearly state in writing pursuant to Section 6255(b): (1) if the City is withholding any documents; (2) if the .City is redacting any documents; (3) what documents 55A -219 Dennis Daley, Esq. i ! Jose Sandoval, Esq. October 10, 2012 Page 3 the City is so withholding and/or redacting; and (4) the alleged legal bases for withholding and/or redacting as to the particular documents. It should also be noted that to the extent documents are being withheld, should those documents also contain material that is not subject to any applicable exemption to disclosure, then the disclosable portions of the documents must be segregated and produced. We request that you preserve intact all documents and computer communications and attachments thereto, including but not limited to all emails and computer files, wherever originated, received or copied, regarding the subject matter of the above - referenced requests, including archives thereof preserved on tape, hard drive, disc, or any other archival medium, and including also any printouts, blowbacks, or other reproduction of any such computer communications If the copy costs for these requests do not exceed $500, please make the copies and bill this office. If the copy costs exceed $500, please contact me in advance to arrange a time and place where I can inspect the records. As required by Government Code Section 6253, please respond to this request within ten days. Because I am faxing this request on October 10, 2011 please ensure that your response is provided to me by no later than October 20, 2011. Thank you. Very truly yours, BRADLY S. TOG , AICP FOR THE SILVERS LAW FIRM BST:jr r 55A -220 0 �� SAN i.oRENZO SEWER LIF1 ENViRONMENiA! IMPACT REPORT 3.1 AIR QUALITY i marginally detectable, ; -10 D/T is considered clearly detectable, but not yet highly offensive. When levels exceed 10 D,,7 and the odor is normally considered offensive, such as from sewage, a siMificant impact is presumed to exist, Odors may be released from the vents on a lift station and carried downwind. During the daytime, winds across the Project site are mainly from west to east and during nighttime, winds are east to west. Thus, any odor- sensitive development directly east or west of the lift station would be possibly affected by odors. The y distance extent of any odor "envelope" was estimated based upon normal and worst -case odor conditions. Tc estimate the odor level (in units of DPI') for a vent release of fresh versus stale sewage gas, an odor concentration of 30 DT was assumed for fresh sewage, and 2000 D/T for stagnant material. under normal operational conditions ( "fresh sewage "), the limit of marginal detectability (1 D /T) is 25 feet. The clearly offensive odor limit (10 D/T) is around 6 feet from the vent. No odor sensitive uses are located within 25 feet of the proposed San Lorenzo Lift Station; thus, impacts under normal operating conditions would be less than significant. During upset conditions with stagnant sewage in the system, the zone of clearly offensive odor would be around 75 feet from the source. Maintaining a distance buffer of at least 73 feet from the lift station to the nearest odor - sensitive property is anticipated to maimain potential worst -case odor conditions at less -than significant levels. The nearest sensitive receptor (i.e.. hotel unit to the west) is located at a distance of Mro7;imately 75.5 feet from the location of the nroposed exhaust fan for the lift station facility while the i nearest residential home is located approximately 1 0 feet northeast of the silepronosed exhaust fan. Additionally, effluent would be continuously moving through the wet well with a minimum retention tithe. As such, it is unlikely that any significant odors detectable above g ound will be generated. I However, due to the complexities in evaluating the sensitivity of nearby receptors to potential odor impacts associated with the proposed facility, and given the relative close proximity of the nearest sensitive receptor, i it is conservatively estimated that long -term operation of the proposed lift station may result in a significant odor impact for which mitigation would be required. i r Threshold 5.• Wouid the Project conflict with or obstruct implementation of applicable Air Quality Attainment Plan or Congestion Management Plan? Air Quolily Attainment Pion Consistency Analysis The Project site is located within the SCAB, which is characterized by relatively poor air duality. The SCAQMD has jurisdiction over an approximately 12,400 square -mile area consisting of the four -county Basin and the Los Angeles County and Riverside County portions of what use to be referred to as the Southeast Desert Air Basin. In these areas, the SCAQMD is principally responsible for air pollution control. and works directly with the Southern California Association of Governments (SCAG), county transportation commissions, local governments, as well as state and federal agencies to reduce emissions from stationary, mobile. and indirect sources to meet state and federal ambient air quality standards. Currently, state and federal air quality standards are exceeded in most parts of the Basin. In response, the SCAQMD has adopted a series of Air Quality Management Plans (_AQIVjPs) to meet the state and federal ambient air quality standards. AQMPs are updated regularly in order to more effectively reduce emissions, accotvmodate growth, and to minimize any negative fiscal impacts of air pollution control on the economy-. GAGS 55A -221 THE SILVERSTEINI&W FIRM 05 NORTH MARENGO AVENUE, 3RD FLOOR PASADENA, CALiFORNM 91101.1504 A Professional Corporation PHONE, (626)449.4MO FAX, (626) 4494205 FACSIMILE TRANSMITTAL SHEET DATE: October 10, 2011 FROM: Bradly S. Torgan, Esq. NUMBER OF PAGES: 5 Total CLIENT/MATTER S7015 -001 No.. NAME FAXN0, PHONE NO. Dennis W. Daley, Esq, (858) 755 -7870 (858) 755 -5666 Daley & Heft, LLP Jose Sandoval, Esq. Managing Senior Assistant City (714) 647-6515 (714) 647 -5201 Attorne MESSAGE: Please see attached. IMPORTANT: THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT 1S ADDRESSED, AND MAY CONTAIN INFORMATION THAT 1S PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONS78LE FOR DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT READING, DISSEMINATING, DISTRIBUTING OR COPYING THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER BY TELEPHONE, WHO WILL ARRANGE TO RETRIEVE IT AT NO COST TO YOU. THANK YOU IF YOU DO NOT RECEIVE ALL PAGES OR TRANSMISSION IS NOT CLEAR, PLEASE CALL TELEPHONE NUMBER (626) 4494200 IMMEDIATELY. 55A -222 fFax header Information The Silverstein Law Firm 626 -449 -4205 Oct -10 -2011 02:42 PM .. �. Identification M • •• 3249 Oct -10 -2011 02:40 AM Send 17146476515 1:15 5 Success 55A -223 Fax Header Information The Silverstein _aw Firm 626 - 449 -4205 Oct -10 -2012 02:44 PM i Identification 3250 Oct -10 -2011 02:42 PM Send 18587557870 1:22 5 Success I 55A -224 MAYOR Miguel A. Pulldo Yt MAYOR PRO TEM Claudia Alvarez COUNCIL MEMBERS David Benevides Carlos Bustarnante Michele Martinez ierrto CITY OF SANTA ANA Sal Ti ajero Sal Tinajero OFFICE OF THE CITY ATTORNEY 20 CIVIC CENTER PLAZA W29 • P.O.9oX 1988 SANTA ANA, CALIFORNIA 92702 (714) 647 -5201 • Fax (714) 647 -6515 October 31, 2011 VIA U.S. MAIL Bradly S. Torgan THE SILVERSTEIN LAW FIRM 215 North Marengo Avenue, 3r° Floor Pasadena, CA 91101 INTERIM CITY MANAGER Paul M. Walters INTERIM CITY ATTORNEY Joseph A. Straka CLERK OF THE COUNCIL Marie D. Nuizar Re: Public Records Act Request Dated October 2012011 San Lorenzo Lift Station Proiect Dear Mr. Torgan: This letter is written in response to your request pursuant to the California Public Records Act. The City has now completed a thorough investigation for public records responsive to your request. In response to the request for information: (1) Enclosed is a grant application with attachments. (2) Enclosed is an email (with attachment) dated April 26, 2011. (3) There are no documents responsive to this request. This letter is intended to fully respond to your request dated October 20, 2011. Please do not hesitate to contact me should you have any questions or need more information concerning this matter. JSljmp Enclosures Very truly yours, JOSEPH W.FLETCHER CIT SE SANDOVAL Chief Assistant City Attorney 55A -225 55A -226 I* EXHIBIT 4 0 55A -227 Giroux & Assoses 1820 East Garry St.,62 Ph: 949.387.5477 Environmental Consultants Santa Ana, CA 92705 Fax: 949.387.5477 r 1AV January 12, 2012 Mr. Robert P. Silverstein Attorney at Law 215 N. Marengo Ave., 3rd Floor Pasadena, CA 91101 -1504 Subject: San Lorenzo Sewer Lift Station Dear Mr. Silverstein: At your request, we have reviewed the most recent air quality impact analysis for the above project. The previous analyses identified an odor impact distance of approximately 75 feet from the source to the receptor without substantiation as to the basis for the selection of such an impact distance. Our review concluded that if one accepts this impact distance, the nearest motel rooms at the California Lodge would be located within this impact distance. With apparent slight rearrangement of the site, the RDEIR now concludes that there is 75 feet and 6 inches of separation between the center of the exhaust fan and the nearest motel window. The conclusion is unsupportable or inaccurate for a number of reasons. There is no basis in the technical literature for lift station siting that supports 75 feet as an absolute zone of impact. Lift Station Design standards for public works agencies identify the importance of considering the relationship between a lift station and land use, but an extensive search of standards throughout the United States shows no recommendation of 75 feet as an absolute set -back distance. For example, a typical standard states as follows: Every effort shall be made in site selection to reduce potential for odor pollution. Wind direction, duration and intensity are all important considerations that must be evaluated. (City of Reno Wastewater Lift Station Design Standards, July, 2007) The RDEIR presents no supportable information that "wind direction, duration and intensity have been considered in the adoption of the 75 -foot "approximate" impact distance. To the contrary, authoritative literature contradicts the unsupported conclusion of odor impact distance in the RDEIR. Attached hereto is a scan of the cover sheet and page 1654 of an authoritative engineering manual, Wastewater Engineering, Treatment And Reuse, Metcalf & Eddy Inc., McGraw Hill, Fourth Edition, 2003. That treatise states that "Depending on the local meteorological conditions, it has been observed that odors may be measured at undiluted concentrations at great distances from the point of generation.... In some cases, odors have been detected at distances of up to 25 km from their source. This transport phenomenon has been termed the puff movement of odors (Tchobanoglous and Schroeder, 1985)." 55A -228 Gi roux & Assoses - Euvivronmental Consultants i A portion of the exhaust air will be directed toward the motel and a portion farther away. Some of the odor emissions within the exhaust stream will be much closer than 75 feet away from motel guests before they lose their momentum. Also, other motel areas, including a parking area immediately adjacent to the proposed Project where patrons and guests enter and exit their vehicles, are much closer to the exhaust fan and structure than 75 feet. Moreover, in sewage upset conditions likely to cause odor complaints, there is further a possibility that sewage overflow will generate odors over a wider area than the vent exhaust stack as it spills out of the station. We believe that there will be significant unmitigated air quality and odor impacts. However, the City's RDEIR and RDEIR have failed to adequately or accurately address odor impact conditions, potential mitigation measures, or alternatives to the Project. Hans D. Giroux Senior Analyst Giroux & Associates 55A -229 Fourth Edition g� y ew Metcalf & Eddy, Inc. m No. ism .; Revised by George Tchobo"oglous qp ` Pcofcssor Emeritus of Civil i}ni. Errvironmenwl Engineering CJltl �. University of CulifovthLi Davit: Franklin L. Burton 2421 Mwe &am LosA tax, Engineer �i � 94703 Los Altox, California , s H. David Stensel TEL (510) W. Professor of Civil and Environmental Engineering University Of Washington. Seattle r I I Boston Surf Ridge, IL Dubuque, IA Madison, Wl New York Sari Francisco St. Louis Bangkok Bogota Caracas Kuala Lumpur Lisbon London Madrid Mexioo City Milan Montreal New Delhi Santiago Seoul Singapore Sydney Taipei Toronto 55A -230 1654 1 .Chapter 15 Issuss itelajed a Treotment-plont Trinvthylamine (TNIA) is pre nt in the tud hale in man 9 � p y :utaert>bicaltj �- digested ilirdges. Trimethylarnine is ! um is in that it is salable below pli.9.bs 9i above•this pH level it is a gas rind can be: cowed into the air. Adding lime to di�Q sludge For odor control may, in fact, li rote Or 'by converting TMA to:a gas (NGa m 2001 `Murthy. 2001). SOMC pla may be u e to lamd apply dewatered sludge; becatnm of the, increased odor duction. Thus, itt ivaring processing and d)sp*,. options: the ramifications Of or gencyntion and con' t ave to be evaluated e�rafrily:< xs e Movement of Odors #seal S+ erslnowomr Treatment fay iffties u nit " Under quiescent meteorological eanditions, odorous gases that develop at fmatw000., o lnj factliticx tend to hO%'Cr over the point Of- generation (e.g:, sludge thickettin.g faciiiliES,; a sludge %torage lagnons), because the txkorous gases are roore dense than air. D:;a ' ` ;nt on the 1001 meteorolu ical conditions, it has been observed that otlerrs ma be mta ti cured at undiluted Loncentrations at .gtvat di%Wn es from the riot of genemion.. ti llowin9 events AMar to happen. (l) in the .evening or early morning hottts, ' quiescem-metencological condition,,. a cloud of odors will develop over the wart treatmem unit Ernie to the relea%e of odors; and,(2) the mmeantrated cloud Iof ods�ts. } then 'be .tr - srted 0.e., pushed ak;ng), without. GM,akin p g u , over great rs�tiRS ": . the weak mntn ctr roily rnorntng rrreaes, U Gy c ctp; .n some cases. WON _ been detected ur disttutccs of U m 5 V. fir cun rA�;r Iren„rua UMB cermea cne. P401, 'urerrl of odors (Tchbbanoglous and Schroed�r, The p*#'Inmvemenf. of on was first descciW by Wilson l The most Co method used to mitigate the effects of the odor pull' is to install baniers.:to indu bulenoe. thus break -ing vp and dispersing the cloud of concentrated radars, andjor wind generators to maintain a rni6isnum %'elocity across the source. 55A -231 55A -232 EXHIBIT 5 55A -233 • • CALIFORNIA NATURAL RESOURCES AGENCY C A l I F Q R M 1 A rVatr -w::k resources A G E N C Y FINAL STATEMENT OF REASONS FOR REGULATORY ACTION Amendments to the State CEQA Guidelines Addressing Analysis and Mitigation of Greenhouse Gas Emissions Pursuant to SB97 December 2009 55A -234 0 Parking L As explained in the Initial Statement of Reasons, the Natural Resources Agency concluded that the question related to parking adequacy should be deleted from the Appendix G checklist in part as a result of the decision in San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.AppAth 656. The court in that case distinguished the social impact of inadequate parking from actual adverse environmental impacts. In particular, that court explained: [Tjhere is no statutory or case authority requiring an EIR to identify specific measures to provide additional parking spaces in order to meet an anticipated shortfall in parking availability. The social inconvenience of having to hunt for scarce parking spaces is not an environmental impact; the secondary effect of scarce parking on traffic and air quality is. Under CEQA, a project's social impacts need not be treated as significant impacts on the environment. An EIR need only address the secondary physical impacts that could be triggered by a social impact. (ld. at p. 698 (emphasis in original).) The Natural Resources Agency is aware of no authority requiring an analysis of parking adequacy as part of a project's environmental review. Rather, the Agency concurs with the court in the San Franciscans case that inadequate parking is a social impact that may, depending on the project and its setting, result in secondary effects. Consistent with exiting CEQA Guidelines section 15131(a), deletion of the parking adequacy question from Appendix G checklist will ensure that the "focus of the analysis shall be on the physical changes." Specifically, the Appendix G checklist contains questions asking about possible project impacts to air quality and traffic. Some comments pointed to examples of potential adverse impacts that could result from parking shortages, such as double- parking and slower circulation speeds, and referred specifically to a study of "cruising" behavior by Donald Shoup that noted that cruising could result in emissions of carbon dioxide. The relationship between parking adequacy and air quality is not as clear or direct as some comments imply. Mr. Shoup, for example, submitted comments to the Natural Resources Agency supporting the deletion of the parking question. (See, Letter from Donald Shoup, Professor of Urban Planning, University of California, Los Angeles, October 26, 2009.) In those comments, Mr. Shoup opines that cruising results not from the number of parking spaces associated with a project, but rather from the price associated with those parking spaces. (ibid.) The Natural Resources Agency also has evidence before it demonstrating that providing parking actually causes greater emissions due to induced demand. The California Air Pollution Control Officers Association CEQA White Paper, for example, suggests reducing available parking as a way to reduce greenhouse gas emissions. (Greg Tholen, et al. (January, 2008). CEQA & Climate Change: Evaluating and Addressing Greenhouse Gas Emissions from Projects Subject to the California Environmental Quality Act. California Air Pollution Control Officers Association, at Appendix B, pp. 8 -9.) 96 55A -235 55A -236 0 EXHIBIT 6 0 55A -237 MAYOR Miguel A. Puhdo MAYOR PRO TEM Claudia C. Alvarez COUNCILMEMBERS David Senavides Carlos austamante Michele C. Martinez Vince Sarmie to Sal Tinajero June 16, 2011 0 0 CITY OF SANTA ANA 20 Civic Cemw Plaza • p.0. Sox 1988 Santa Ana, CaRomsa 92702 California Natural Resources Agency Bonds & Grants 1416 Ninth Street, Ste 1311 Sacramento, CA 95816 INTERIM CITY MANAGER Paul kVal M INTERIM! CITY ATTORNEY Joseph Straka CLERK OF THE CDUNCIL Maria D. Huizar Sub: Eco -Park Concept Proposal (Urban Greening for Sustainable Communities Grant) Dear Ms Escovedo, The City of Santa Ana would like to thank you for the opportunity to submit to your agency a Concept Proposal under the Urban Greening for Sustainable Communities Grant,' Attached is our concept proposal to develop an Eco -Park on a 1.25 acre triangular parcel located at Segerstrom Avenue, Shelton Street and Hemlock Way. The site is located in an urban area surrounded by residential, educational, commercial and industrial properties. A block east of the site is a Class 1 bike route that 1011 provide access to the site from residents citywide. The proposal is to develop an Eco -Park that will provide examples in ways to save energy, methods of water conservation, use of natural resources and to educate the public an the values of protecting the environment. Basic improvements will include drought tolerant planting plots of formal and informal planting, dry stream bed and water harvesting methods, solar panel installation, use of re -cycle and porous materials and education through interpretive signage and classes. We are excited and proud to submit this concept proposal and hope your agency feels the same as you review our preliminary application. Thank you for this opportunity and hope to hear from you soon. If you have any questions, please contact me at (714) 571- 4204 or Ron Ono, Administrative Services Manager at (714) 571 -4220. Sincerely, 0% Gei ardo Mouet Ex utive Director Parks, Recreation and Community Services Agency 1;� 0 EXHIBIT 7 0 55A -239 13anta Ana's General Fund Balance Dips to Just Over $300,000 - Voice of OC I Orange Co... Page 1 of 2 0 0 Santa Ana's General Fund Balance Dips to 3ust Over $300,000 ADAM ELMAHREK I Posted: Thursday, October 20,20119:22 pm Friday, Oct. 21, 20111 The city of Santa Ana is essentially living paycheck to paycheck, according to records released this week by the city's finance director, Francisco Gutierrez. Santa Ana's general fund balance at the end of September was $3I3,343.50, according to the records. This represents about one -tenth of 1 percent of its nearly $200 - million general fund budget. The balance has dropped precipitously since the end of July, when it stood at just under $3.4 million, records show. Then it dived to $161,035.46 by the end of August, according to the records. These numbers are the latest in a series of revelations in recent months showing Santa Ana to be teetering on the edge of insolvency. An August report by the city's budget consultants, Management Partners Inc., stated that the city has spent through its $41.4 - million unrestricted fund balance. The city announced in September that it is facing a potential $30- million budget deficit for fiscal year 2012 -13. "Simply put, the city must now take substantial action to reduce its spending," the consultants wrote in a cover letter to the report. Interim City Manager Paul Walters is supposed to release in January his first set of recommendations to close the deficit. Union leaders have indicated a willingness to reopen contracts. Yet it remains to be seen whether the city will act soon enough. The firefighters union hasn't proposed sufficient pay and benefits cuts, Councilman Sal Tinajero said, and the city has asked the Orange County Fire Authority for a proposal to outsource the fire department. City officials also acknowledged that they're leveraging internal service funds set up for special purposes, like payouts for legal settlements. The city transferred $5.2 million from those special funds to balance its books in September and is planning a $2.8- million transfer this month. That money will not be available again, according to the Management Partners report, and some of the special funds are already underfunded. Last week, Joaquin Avalos, president of the Santa Ana chapter of the Service Employees International Union, said the city was in danger of missing payroll perhaps as early as November. httP://www.voiceofoc.org/oc—central/,ulicle-9dgg)tic 160_8289- 001cc4c002e01t... 11 /3 /2011 Santa Ana's General Fund Balance Dips to Just Over $300,000 - Voice of OC I Orange Co... Page 2 of 2 Walters refuted that claim, saying in an email that the city expects to meet payroll obligations for the rest of the fiscal year. It is common for cities to run low on cash in the first part of a fiscal year as they await cash infusions in December, when the largest property and sales tax installments are paid to the city. Nonetheless the city's cash position has raised eyebrows among other government officials and is raising alarm bells among some members of the Santa Ana City Council. "I want answers if we only have $300,000 in the bank," Tinajero said. To put the Santa Ana situation in context, Costa Mesa Mayor Gary Monahan rang warning bells based on the fact that his city's general fund balance dropped to $5 million last November. Costa Mesa is one -third the size of Santa Ana. Orange County Supervisor John Moorlach, who is a former county treasurer -tax collector, said Santa Ana's situation is reminiscent of Vallejo's, the Bay Area city that filed for municipal bankruptcy in 2005. Vallejo had been leveraging all of its internal funds until there was nothing left, prompting the city to go bankrupt, Moorlach said. "It's when you're out of cash — and when your bank says, hey, we don't want to extend more credit — that's when you're really hitting the wall," Moorlach said. Tinajero and Councilmen Vincent Sarmiento and David Benavides said they would be making inquiries at City Hall. Councilwoman Michele Martinez said she asked Gutierrez about the city's cash flow after Voice of OC's post on the issue last week. She said she was told that the city is waiting for its large revenue disbursements at the end of the year and that the city would be able to pay all of its bills. But Gutierrez did not inform her of the city's low cash position, she said. "I believe we should have a reserve policy for times like these," Martinez said. Mayor Miguel Pulido and council members Carlos Bustamante and Claudia Alvarez did not return a reporter's calls. Correction: Due to an editing error, a pervious version of this story incorrected stated that the Costa Mesa's fund balance available was estimated to be $5 million by this November. In fact, the city's fund balance available was 35 million in .November 2010. We regret the error. Please contact Adam Elmahrek directly at aelmahrek @voiceofoc.org and follow him on Twitter: twitter.com /adamelmahrek. And add your voice with a letter to the editor. http : / /www.voiceofoc,org /oc_central /article 9UAa444e0- 8289- 001cc4c002e0.ht... 11/3/2011 55A -242 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: RESOLUTION SUSPENDING CREDIT CARD/ ELECTRONIC FUNDS TRANSFER TRANSACTION FEE 4Zs-A'C-- CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution suspending the credit card and electronic funds transaction fee and provide a staff report of the program after six months. DISCUSSION The Treasury Division of the Finance and Management Services Agency is responsible for maintaining all banking related transactions for the City. A component of banking is payment processing. Currently, Municipal Utility Services customers are able to pay their utility bill by check, cash, credit card or on -line with the use of a credit card or a debit to their bank account through an Electronic Funds Transfer. The City charges $3.54 for the use of credit card or on- line payment services. As a convenience to applicants, the Treasury Division is moving towards providing the ability to apply and pay for Business Licenses, Dog Licenses, Parking Citations, etc. on -line. Payees are reluctant to use on -line payment services when a fee is involved and resort to paper and mail methods. Paper processing is very labor intensive and costly. A reduction in staff through attrition has necessitated revisiting labor intensive processes for alternatives. To accommodate requests for on -line services and to encourage on -line payment, staff recommends the suspension of the credit card /electronic funds transaction fee. Staff will review the program after six months and provide a recommendation as to continuing rescinding the fee. FISCAL IMPACT Salary and benefit costs in the Treasury Division budget to be offset by the revenue suspension in the credit card /electronic funds transfer fees, estimated to be a net zero cost. Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit 1 Resolution 55B -1 I Iss1 /24/12 RESOLUTION NO. 2012 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUSPENDING THE CREDIT CARD I ELECTRONIC FUNDS TRANSFER TRANSACTION FEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana allows businesses and residents to apply for services and permits, and pay various City bills on -line, including utility bills, permit processing fees, business license taxes and animal license fees. B. The City encourages its customers to utilize on -line application and payment services rather than utilizing more costly service delivery resources such as coming to City Hall to apply for services and pay bills. C. The City has adopted a transaction fee for on -line payments, however, the City Council believes the imposition of these transaction fees for electronic fund transfers and credit card transactions may be a deterrent to residents' use of the on -line payment option. Section 2. The City Council hereby suspends, for a period of six months through July 30, 2012, the transaction fee imposed by the City on each electronic funds transfer and on each credit card transaction. Section 3. The Executive Director of Finance and Management Services shall provide a report to this City Council in August 2012, regarding 1) the effect of the waiver of electronic funds transfer fees on the number of customers who apply for services and pay bills on -line instead of coming to City Hall, and 2) the cost savings to the City resulting from the suspension of the transaction fees. Resolution No. 2012 -XXX 55B -3 Page 1 of Section 4. 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 APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers 2012 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012 -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 Resolution No. 2012 -XXX 55B -4 Page 2 of 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: AGREEMENT WITH THE FIREMEN'S BENEVOLENT ASSOCIATION CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15f Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For, CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with the Firemen's Benevolent Association regarding the rights and entitlements of members should the City contract with the Orange County Fire Authority to provide firefighting and related services. DISCUSSION The City and the Firemen's Benevolent Association (FBA) recently completed negotiations delineating the terms and conditions applicable to FBA members resulting from the contracting out of fire services to the Orange County Fire Authority (OCFA). The provisions of this agreement are as follows: 1) Contracting Out Effective Date: The contracting out of fire services to OCFA will begin at 8:00 a.m. on April 20, 2012. At the time of such contracting out, the current Memorandum of Understanding (MOU) with the FBA will no longer be in effect. 2) Salary Increase: The current Memorandum of Understanding provided a 2.5% salary increase effective January 1, 2012. This salary increase will be rescinded and, beyond the first paycheck of January, 2012, will no longer be provided to FBA members. 3) Salary Upon Transition to OCFA: All sworn employees at the top salary step for their job classification will receive OCFA's top step salary plus applicable salary additives; employees not currently at the City's top step will receive OCFA's closest comparable salary rate as well as a City - provided stipend equal to the difference between this salary rate and OCFA's top salary rate. This stipend will continue until the employees move to OCFA's top step, up to a maximum of two years. All non -sworn employees hired by the A lym Agreement with the Firemen's Benevolent Association February 21, 2012 Page 2 OCFA shall be deemed "new hires" and shall be paid at a salary step designated by the OCFA. 4) Demotion of Sworn Employees: All sworn employees who are demoted in job classification upon transition to the OCFA will be provided a monthly stipend equal to the difference between the employee's OCFA salary in the demoted rank and OCFA's top step base salary for the job classification from which the employee was demoted. This will continue for 24 months or until the employee is promoted to his /her former rank and reaches the OCFA top step base salary for that classification. Demotions will be based on lowest seniority; however, employees not identified for demotion can choose to demote in place of other employees, again based on seniority. 5) Disability Retirements: Any sworn member who is rejected from employment by OCFA due to an industrial injury or medical condition will be certified as qualified for an industrial disability retirement. Further, the City will not contest the work - related disability retirement request filed with CalPERS by a non -sworn member. Members who are on or have exhausted injury/illness leaves of absence will not immediately transition to the OCFA; however, any member who has not received a disability retirement and receives clearance to return to full working status per OCFA standards will be offered employment with OCFA for up to one year from the initial contract date. 6) Dispatch Personnel: Fire Services Dispatchers (up to four, based on seniority) who successfully complete a background investigation will be offered employment as City Police Services Dispatchers. Additional interested and successful personnel will be offered employment as City Communications Services Officers but will be promoted to Police Services Dispatcher upon obtaining a Police Officer Standards and Training (POST) Basic Dispatcher Certificate. The employees will be placed on a salary step that is closest to each employee's previous salary and does not result in a loss of greater than $50 per month. 7) Civilian Paramedics: One paramedic will be offered a position as an EMS Nurse Educator with OCFA. Transport services will be contracted out. 8) Paid Leave Balances: The City will address leave balances in the following manner: Holiday Leave: 50% paid to employees at separation; 50% converted to vacation and transferred to OCFA. Vacation Leave: 350 hours (including converted holiday leave hours, above) transferred to OCFA as vacation leave. All additional accrued vacation leave in excess of 350 hours, �%LV Agreement with the Firemen's Benevolent Association February 21, 2012 Page 3 when combined with the converted holiday leave hours above, will be cashed out. City vacation hours which transfer to the OCFA will not be combined with vacation hours earned while at the OCFA, and therefore will not be counted towards the maximum cap of OCFA vacation accrual. Compensatory Time Off (CTO): At the employee's option, all CTO will be cashed out, or CTO time will be converted to vacation and transferred to OCFA, up to a limit of 350 hours of total vacation time transferred, and the remaining CTO time will be cashed out. Sick Leave: Employees will be cashed out for 50% of the accrued sick leave to which they are entitled to a cash -out based on years of service per the current SAFBA Memorandum of Understanding. The remaining 50% of sick leave subject to cash -out will transfer to OCFA but will not be combined with the sick leave earned while at the OCFA and shall not be counted towards any maximum sick leave accrual cap that may be established by OCFA. Any accrued, unused sick leave that is not subject to cash out per the current SAFBA Memorandum of Understanding will be forfeited. Sick Leave for Employees with Less Than 10 Years of Service: Employees with less than ten years of service will be provided with 48 hours of sick leave to be used within the first three years of the contract with OCFA if the employee has no sick leave available. Order of usage: Following transfer to OCFA, members will be required to use accrued OCFA vacation and sick leave prior to using the vacation and sick leave transferred from the City. In five years, or earlier if the member separates from service, all remaining vacation and sick leave which transferred to OCFA will be paid off by the City at the member's rate of pay upon separation from the City. 9) Retiree Health Savings Account (Fund 84): The Fund 84 balance (approximately $995,000) and FBA Loan (approximately $1,490,000 in principal and interest) shall be disbursed to individual retiree health savings accounts by July 16, 2012, by which time subsidy payments to retirees will also cease. 10)Bilingual Pay: Members assigned to a work location within Santa Ana will be paid $135 per month for Spanish language proficiency in lieu of the bilingual compensation provided in the OCFA MOU. 11)Disciplinary Suspensions: Employees on probation and employees who have been suspended in the one year prior to the initial date of the contract may have to serve a probationary period with OCFA. Agreement with the Firemen's Benevolent Association February 21, 2012 Page 4 12)Retiring Personnel: Employees who have retired from CaIPERS will not begin work with OCFA prior to the initial date of the contract. However, employees may retire from CalPERS following their transfer to OCFA and such employees will enter the Orange County Employees Retirement System ( OCERS) as new members. Non - retiring employees transferred to OCFA will enter OCERS with the option of electing reciprocity with CaIPERS or no reciprocity with CalPERS. 13)Benefits: City - provided health insurance (medical, dental, vision), life and long term disability insurance, and flexible spending plans will cease April 30, 2012. OCFA will provide health insurance coverage effective May 1, 2012. FISCAL IMPACT The FY11 -12 Budget has sufficient funding to cover the net cost of final FBA negotiated items resulting from transitioning Santa Ana Fire to OCFA. It is estimated that the new OCFA fire service contract will generate annual savings to the City of $8.7M to $10M commencing with Fiscal Year 2012 -13. Edward Raya Executive Director Personnel Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: zx Francisco Gutierrez Executive Director Finance & Management Services Agency �� l m MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA, THE SANTA ANA FIREMEN'S BENEVOLENT ASSOCIATION, AND THE INDIVIDUALS LISTED HEREIN This Memorandum of Understanding (hereinafter "MOU ") is by and between the City of Santa Ana (hereinafter "City "), the Santa Ana Firemen's Benevolent Association (hereinafter "SAFBA ") and the individuals whose names and signatures adorn this agreement. WHEREAS, SAFBA is the recognized employee organization for designated classifications of employees employed by the City's Fire Department; WHEREAS, the individuals who are a party to this MOU are members of SAFBA whose rights and interests are affected by the contracting of firefighting and related services to the Orange County Fire Authority (hereinafter "OCFA "); WHEREAS, the labor relationship between SAFBA and the City is governed in part by a Memorandum of Understanding and various side letter agreements; WHEREAS, the city is desirous of contracting -out firefighting and related services currently being performed by SAFBA members to OCFA; WHEREAS, SAFBA and the City have informally met and discussed issues associated with contracting -out firefighting and related services to OCFA and, through such informal discussions, have reached an agreement concerning the rights and entitlements of its members in the event the City and OCFA should enter an agreement for the contracting of firefighting and related services; WHEREAS, SAFBA and the City wish to memorialize their agreement and provide for certain rights and entitlements of SAFBA members associated with the contracting -out of firefighting and related services to OCFA; and NOW, THEREFORE, the parties to this agreement hereby covenant and agree as follows: 1. Effective Date of Contracting Out of Fire Services to the OCFA: The City and OCFA have agreed to commence the contracting of services on April 20, 2012; provided, however, that if the transition does not occur on or before June 15, 2012 this MOU shall become null and void. The date of April 20, 2012 may be extended by mutual written agreement of SAFBA and the City and such extended date shall be incorporated into this agreement and replace each instance where April 20, 2012 is used herein by such new date. 2. Contracting of Firefighting and Related Services: The City and SAFBA agree that the City shall be permitted to contract out firefighting and related services currently provided by SAFBA and its members effective 8:00 a.m. on April 20, 2012, according to the terms of the provisions of this MOU. At the time of such contracting -out the Memorandum of 1 60A -5 Understanding (with an expiration date of June 30, 2014) between the City and the SAFBA will no longer have effect. 3. Relinquishment of Salary Increase: The Memorandum of Understanding (with an expiration date of June 30, 2014) between the City and the SAFBA provides that employees of the SAFBA shall receive a salary increase of 2.5% effective January 1, 2012. That salary increase was implemented on January 1, 2012 and the increase was reflected in SAFBA members' paychecks effective on the payroll checks following January 1, 2012. The City and the SAFBA agree the salary increase is rescinded and shall not be provided on any paychecks beyond the first paycheck of 2012 and that leave payoffs to which the parties have agreed herein will not reflect the 2.5% increase. 4. Transitioning Employees or New Hires: All sworn employees shall be deemed "transitioning" employees on the effective date that firefighting and related services are contracted out. Transitioning Santa Ana Employees will receive the top step base salary (Step 12) plus applicable bonus pays (per MOU) for the rank that the employee transitioned into, unless the Santa Ana employee's total compensation (base salary plus applicable bonuses) is not currently comparable or equivalent to the OCFA Step 12. In that case, the OCFA Human Resources Director will select the closest comparable salary rate from the applicable OCFA salary schedule that that does not provide the employee with a decrease from the amount of the employee's current Santa Ana compensation (salary plus bonuses only). The intent is for transitioning employees not at top step to receive a base pay rate so that when considered with their applicable OCFA bonus pay(s) their compensation is as close as possible to their current Santa Ana compensation as defined. Notwithstanding the foregoing, SAFBA employees at top step in Santa Ana (as of the date of transition) who will not transition over at top step at OCFA (Step 12) shall receive a monthly stipend from the City of Santa Ana (for which they will receive an IRS Form 1099) equal to the difference between their base salary at the step they are placed by OCFA and Step 12 of the OCFA salary schedule. The stipend shall expire at the earlier of two years from the date of transition or the date the employee is moved to Step 12. The list of transitioning employees and their applicable base salary step with OCFA is attached hereto as Exhibit 1. All non - sworn employees hired by OCFA shall be deemed new hires and shall be paid at the salary step as attached hereto as Exhibit 2. The parties agree that there is one sworn employee of the SAFBA who, pursuant to a separate agreement with the City, will remain an employee of the City until June 7, 2012 and will not transition to the OCFA. The employee is not a party to this MOU. The parties further agree that there will be one additional Captain position (for a total of 39 Captains notwithstanding the list of 38 Captains transitioning over to the OCFA set forth in Exhibit 1) transitioning over to the OCFA in the position of Administrative Captain. That Administrative Captain position will either be filled by an existing member of the Santa Ana Fire Management Association or a member of the SAFBA. 5. Sworn Members Demoted: The City shall pay directly to any sworn member of the SAFBA who is demoted in rank as a result of the decision to contract firefighting and related services to OCFA a monthly stipend (for which former Santa Ana SAFBA members receiving such stipend will receive an annual IRS Form 1099 for the stipend income T received) equal to the difference between the member's OCFA base salary at the demoted rank (e.g., Step 12) and the Step 12 OCFA base salary for the class from which the employee was demoted. For example, if a City Fire Captain is demoted to Step 12 Firefighter with OCFA, the City shall pay to that person a monthly stipend equal to the difference between Step 12 OCFA Firefighter and Step 12 OCFA Captain. The City's obligation to pay such monthly stipend shall continue for twenty -four (24) months from the date of demotion (i.e., the date of transition to the OCFA) or until the member is both promoted to his or her former rank and his or her base salary with OCFA is elevated to Step 12 of that promoted rank, whichever occurs first. A. Some transitioning City employees will be demoted in rank by the OCFA upon transition. The parties agree that any such demotions will be based on seniority in rank, (based upon the manner in which seniority has been calculated in the Department as set forth in Exhibit 3 to this MOU) provided, however, an employee not slated for demotion can elect to voluntarily demote in place of another employee. The City's agreement to directly pay demoted employees a monthly stipend, above, shall apply to any employee who voluntarily demotes (in transitioning over to the OCFA) in place of another transitioning employee who would otherwise be demoted. The parties further agree that if an employee who would not otherwise be demoted chooses to voluntarily demote, the employee who benefits from this decision and is thus not demoted is the employee with the greatest seniority in the rank who would have otherwise been demoted. 6. Members Rejected Due to Industrial Injury or Medical Condition: The City agrees that it will certify as qualified for industrial disability retirement any sworn member of SAFBA who is rejected from employment by the OCFA due to a legitimate industrial injury or other industrial medical condition, upon submission of the required paperwork (DWC -1, etc.). The City agrees that if a non -sworn member is rejected from employment by OCFA due to a legitimate industrial injury or industrial medical condition, it will not contest any application by the employee for an industrial disability retirement filed with the California Public Employees' Retirement System ( "CalPERS "), which shall determine whether to grant a disability retirement for such non -sworn member. The parties agree that if a disability retirement is not granted, the City is under no obligation to reinstate the employee to employment with the City as the employee's position has ceased to exist as a result of the contracting out of the Santa Ana Fire Department. SAFBA members who are on leave pursuant to Labor Code section 4850 on the date of transition and who thus are not being immediately offered a position by the OCFA will continue to receive their Section 4850 payments for the duration of their statutory entitlement (up to one year) under the law. However, such individuals will not be considered employees of the City beyond the date of transition. SAFBA employees who are off on a non - industrial injury or illness leave or who have exhausted their Labor Code 4850 benefits on the date of transition will be laid off from the City as of the date of transition, and shall be paid for their accrued leaves per the existing MOU between the City and the SAFBA. Pursuant to subparagraph a, below, such employees will also be eligible to become employed by OCFA or file for disability retirement. 3 60A -7 A. The parties agree that any SAFBA member who fails to meet the standards to be employed by the OCFA on April 20, 2012 because of injury or illness and who either does not seek or does not qualify for a disability retirement will be offered employment by the OCFA upon meeting such standards, provided, however, OCFA shall not be obligated to offer any employment beyond one year from the effective date of the contracting -out of firefighting and related services. 7. Dispatch Personnel: The parties agree that full -time Fire Services Dispatchers of the City (up to a maximum of four (4)) who pass a police background investigation shall be given the option of employment as Police Services Dispatchers. If there are more than four (4) full - time Fire Services Dispatchers who wish to remain employed by the City who pass a police background investigation, the parties agree that the four most senior (based on City -wide seniority) shall be offered employment as City of Santa Ana Police Services Dispatchers and the remaining employees will be offered positions as Communications Services Officers. The parties further agree that members employed as Communications Services Officers shall be promoted to Police Services Dispatchers upon obtaining their POST Basic Dispatcher Certificate. The parties agree that employees will be offered employment at the salary step for Police Services Dispatcher or Communications Services Officer, whichever is applicable, that is closest to each employee's salary as a Fire Services Dispatcher and which does not provide the employee a cut in pay of greater than $50 per month; provided, however, under no circumstances will any employee be paid above top step for a Police Services Dispatcher (if assigned as such) or Communications Services Officer (if assigned as such). 8. Civilian Paramedics: Of the SAFBA civilian paramedics, Dawna Cooper meets the job requirements for, and will be offered the position of, EMS Nurse Educator with the OCFA. The City has decided to contract -out Basic Life Support (BLS) transport services 9. Paid Leave Balances: The parties agree that the leave balances provided in the parties' MOU for members of SAFBA being employed by OCFA will be paid or forwarded to OCFA as follows: A. Holiday Leave: The City will cash out 50% of accrued holiday leave at the time of separation from City employment. The remaining 50% will be converted to vacation leave and forwarded to OCFA as set forth below. B. Vacation Leave: Upon separation from the City, the first 350 hours of vacation leave, inclusive of converted holiday leave, will be transferred to OCFA as vacation leave. The City will cash out the remaining amount of accrued vacation leave which, when combined with the converted holiday leave referenced above, exceeds 350 hours total. The vacation bank which transitions over to the OCFA will not be combined with vacation earned while at the OCFA and shall not be counted towards the maximum cap of OCFA vacation accrual. C. Compensatory Time Off ( "CTO "): SAFBA members with CTO banks will be offered the following options (at their individual choice): 1) to cash out 100% of their L• ' Nf CTO at the time of separation from City employment, or 2) if the amount of vacation leave transferring to OCFA on their behalf (from a combination of holiday and vacation leave) is less than 350 hours, the member can choose to convert any portion of their CTO to vacation which would not result in more than 350 hours of vacation leave being transferred to the OFCA, and be paid for the remaining amount, if any, at the time of separation. D. Sick Leave: Employees will be cashed out for 50% of the accrued sick leave to which they are entitled to a cash -out based on years of service per the current SAFBA Memorandum of Understanding. The remaining 50% of sick leave subject to cash -out will transfer to OCFA but will not be combined with the sick leave earned while at the OCFA and shall not be counted towards any maximum sick leave accrual cap that may be established by OCFA. Any accrued, unused sick leave that is not subject to cash out per the current SAFBA Memorandum of Understanding will be forfeited. E. With respect to the vacation and sick leave transferred to OCFA described in subsections a) through d), above, former SAFBA members will be required first to use their OCFA accrued vacation and sick leaves, respectively, before using the vacation or sick leave which transferred from the City. On April 14, 2017, or such earlier date if the former SAFBA member separates from OCFA, all remaining vacation and sick leave which transferred to OCFA from the City will be paid off by the City at the former SAFBA member's regular rate of pay as of April 20, 2012. With respect to any leave described in subsections a) through d) above which the City is paying off to employees as a result of the transition to OCFA, it will be paid to employees on the second payday following the transition date. If that date is April 20, 2012, it will be paid on May 20, 2012. F. Sick Leave for Employees with Less Than Ten (10) Years of City Service: SAFBA employees with less than ten (10) years of service as of April 20, 2012, have no sick leave with cash -out value. Accordingly, the City agrees that it will provide forty -eight (48) hours of sick leave for each such employee upon his or her employment with OCFA. The 48 hours of sick leave will be available to former SAFBA employees for three years from the effective date of the contracting of firefighting and related services with OCFA. Such sick leave may be used for non - occupational illness or injury for which the employee has no OCFA accrued sick leave balance available. Upon expiration of three years, any of this sick leave remaining will be forfeited. In addition, if any such employee separates from OCFA within the three years, such sick leave will have no cash value. 10. Fund 84: The Fund 84 balance (approximately $995,000) and SAFBA Loan (principal & interest of approximately $1,490,000) shall be disbursed to individual Retiree Health Savings Accounts pursuant to instructions provided to the City by SAFBA. Said disbursement shall be made on or about July 16, 2012. The City shall cease subsidy payments to retirees on a date designated by SAFBA, on or about July 16, 2012. The City agrees to continue to administer the subsidy payment program until the disbursement of funds on or about July 16, 2012. The SAFBA agrees to defend the City and hold the City M10i harmless for any legal challenges brought by any former or current employee claiming that the City's administration of the program violates their rights to funds in the program. 11. Bilingual Pay: The parties agree that transitioning employees from the City to OCFA who are assigned to a work location within the City of Santa Ana will be paid $135 per month for Spanish language Bilingual Pay, in lieu of the compensation provided in the Bilingual Pay section of the OCFA MOU. Those employees of the City deemed bilingual as of April 20, 2012, will not be required to take a proficiency test to be deemed bilingual with OCFA. A separate side letter to the OCFA contract with the City contains other specific terms of the Bilingual Pay agreement and is hereby incorporated by reference, attached hereto as Exhibit 4 and deemed an integral part of this agreement. This benefit is a term and condition of employment subject to modification after June 30, 2014 through the bargaining unit representing the sworn employees at the OCFA. 12. Employees Suspended in Last Year: The parties acknowledge that the provision contained in Attachment B to the City's contract OCFA which provides that employees on probation and employees who have been suspended in the one year between April 21, 2011 and April 20, 2012 may have to serve a new period of probation upon transitioning to OCFA. The City hereby certifies that as of the signing of this MOU and through the date of transition, no employee has been served a notice of proposed suspension and /or notice of suspension and none shall be so served. 13. Transitioning Employee and CaIPERS Retirement: The parties agree that OCFA will not offer employment to City personnel who retire from the City prior to April 20, 2012. However, the parties agree that employees are not precluded from transitioning to the OCFA and then retiring from CalPERS. OCERS has informed the City that transitioning employees who retire from CalPERS and then work under OCERS, start as a new employee under the OCERS system. Therefore the parties acknowledge that their mutual understanding is that City transitioning employees can transition to OCFA with: 1) full reciprocity elected, 2) no reciprocity elected or 3) starting as a new employee in OCERS and then retiring from CalPERS. 14. Health Insurance for the Month of May 2012: The parties acknowledge that by transitioning to the OCFA on April 20, 2012, the City would be otherwise responsible to continue to cover the SAFBA employees' health insurance through the month of May 2012 unless otherwise agreed. The parties agree that since the transitioning employees will be covered by OCFA's health and welfare insurance plans effective on May 1, 2012, the City need not cover such employees for any health insurance (including medical, dental and vision insurance) beyond April 30, 2012. As such, this agreement constitutes a clear waiver of the right to health insurance coverage in May 2012 and beyond. All other health and welfare benefit plans sponsored by the City (including dental, vision, life and AD &D, long term disability insurance and flexible spending plans) will cease on April 30, 2012 per the current contract provisions with each insurance provider and notification of COBRA Election Rights will be sent to all affected qualified beneficiaries. 15. Terms of OCFA Agreement With the City Incorporated Herein: TIM, The City and OCFA have negotiated a Fire Services and Emergency Medical Services Agreement which governs the provision of firefighting and related services to the City, some terms of which impact the wages, hours and other terms and conditions of employment of SAFBA members that will become employees of OCFA. The parties agree that the following provisions of the City's agreement with OCFA are incorporated herein and are thus part of this MOU between the parties. A. As addressed in paragraphs 1 and 6 above, OCFA will offer employment effective 8:00 a.m., April 20, 2012, to personnel employed by City on the effective date of this agreement who meet the minimum physical and medical standards for their designated positions with OCFA, as determined by a physical examination conducted prior to April 20, 2012. B. Exhibit 1 to this MOU sets forth the names of sworn SAFBA members who shall be offered employment subject to the terms of this MOU. Exhibit 1 includes the rank or job title being offered and the OCFA salary step at which the SAFBA member shall be placed on the date of hire. As addressed in paragraph 4 above sworn SAFBA members listed in Exhibit 1 who accept employment with OCFA shall be referred to as "Transitioning Employees ". C. In accordance with the applicable OCFA bargaining unit MOU, Transitioning Employees assigned by OCFA to hazardous materials, ARFF, USAR Logistics, Staff Assignment, EMT, or paramedic assignments will be paid specialty pay. The parties understand and acknowledge that once the Transitioning Employees become employees of the OCFA and members of the applicable bargaining unit at the OCFA, all terms and conditions of employment set forth in the MOU between the bargaining unit and the OCFA are subject to modification in accordance with the law and collective bargaining between those parties. This includes, but is not limited to the specialty pays described herein. D. Transitioning Employees who qualify for bilingual pay, but do not qualify pursuant to Paragraph 11 of this MOU, shall receive the compensation provided under the Bilingual Pay provision of the applicable OCFA bargaining unit MOU. As addressed in paragraph 15c above, this benefit is subject to modification through collective bargaining between the OCFA and the bargaining unit who will be representing the Transitioning Employees at the OCFA. E. Those Transitioning Employees who qualify for Education Incentive Pay pursuant to the terms of the applicable OCFA bargaining unit MOU shall be able to collect such pay upon verification by the OCFA. As addressed in paragraph 15c above, this benefit is subject to modification through collective bargaining between the OCFA and the bargaining unit who will representing the Transitioning Employees at the OCFA. F. Transitioning Employees assigned to positions requiring special training will receive such training. However, once these employees are OCFA employees, the training they receive is up to the OCFA to determine. The parties agree and acknowledge 7 60A -11 that no part of this MOU guarantees any particular type of training for Transitioning Employees. G. Transitioning Employees will be considered to have passed their probationary period with OCFA, except that any employee who has not completed probation with the City and any employee who has been suspended from duty within the period of April 20, 2011, to April 20, 2012, may be required by the OCFA Human Resources Director to serve a new probationary period of fifty -two continuous weeks from the date he /she is first employed by OCFA. H. Continuous employment with City shall be considered the same as continuous employment with OCFA for all Transitioning Employees only for the purposes of meeting minimum requirements for promotional opportunities and the accrual of vacation and sick leave. Transitioning Employees shall accrue vacation and sick leave at the OCFA at the rates designated in the applicable OCFA bargaining unit MOU. For the 144 most senior Transitioning Employees, continuous employment with City shall be considered continuous employment with OCFA for the purposes of layoff seniority and bid assignment seniority preference. When one of these 144 employees leaves employment with OCFA, the additional seniority credit specified in this subparagraph for City employment shall be applied to the Transitioned Employee who had the longest continuous service with the City but who has not previously received such credit under the terms of this subparagraph. For example if one of the 144 most senior Transitioning Employees separates from OCFA, the 145th most senior Transitioning Employee will bump into the top 144 and receive the service credit for layoffs and assignment bids. J. All Transitioning Employees shall participate in a retiree health defined contribution plan or "Retiree Health Savings Plan" at the OCFA and shall be eligible for reimbursement benefits upon separation from employment from OCFA. K. OCFA will supply new uniforms and additional safety clothing deemed necessary by the OCFA to Transitioning Employees. L. As addressed in paragraph 4 above and set forth in Exhibit 2 to this MOU, OCFA will offer employment effective 8:00 a.m., April 20, 2012, to designated non -sworn personnel employed by City on the effective date of this agreement. Such non - sworn personnel are considered "new hires" for all purposes. 8 60A -12 M. Exhibit 2 to this MOU sets forth the names of non -sworn SAFBA members who shall be offered employment, the class or job title being offered and the OCFA salary step at which the non -sworn SAFBA member shall be placed on the date of hire. 16. Ratification and Execution. The City and SAFBA have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa. The City and the SAFBA acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of SAFBA and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and SAFBA and entered into this 21s` day of February 2012. Dated: Dated: ATTEST: CLERK OF THE COUNCIL Ed Raya Executive Director of Personnel City of Santa Ana Date APPROVED AS TO FORM: Peter Brown, Attorney Robert Wexler, Attorney CITY OF SANTA ANA, a Municipal Corporation of the State of California By: MAYOR By: CITY MANAGER Chris Roelle President, Santa Ana Firemen's Benevolent Association Date Date Date 9 60A -13 Members of the Santa Ana Firemen's Benevolent Association Acosta, Candice R. Adame, Victor J. Aguilar, Richard L. Aguirre, Jose G. Alba, Michael P. Amende, Gerald Anderson, Brent L. Arnone, Anthony Atencio, Dennis S. vina, Sergio M. Baptista, Joshua Barnard, Robert H. Barrett, Georgina Bear, Bryan J. Belles, John A. Bento, Jay E. Berger, Matthew W. Biering, Derek Bodo, John R. Carletta, Lewis A. Carrasco, Matthew A. Carrera, Robert G. Casson, Nicholas M. 10 60A -14 Castillo, Aaron Castro, Fernando F. Castro, James Castro, John A. Castro, Ronald L. Caswell, Christian P. Chamberlain, Brian M. Chedister, John H. Chumacero, Juan M. Ciraulo, Christopher Clevenger, Donald J. Cloughen, John W. Cooper, Dawna R .Critchfield, Michael D. Cupples, Milton B. Dasher, Albert De Fries, Trent De Leon, Michael E. Dix, Susan C. Dolin, Glenn E. Doval, R Emilio Edelman, Lenny D. Eide, Mark E. 11 60A -15 Ellman, Karl Espinoza, Victor Estrada, Augustine C. vangelista, Sarah A. Evans, Eric T. Evans, Taylor T. Fairchild, Jason R. Feierabend, Karl ernandez, Luis E. ernberg, Mark P. lores, Mark J. Forrester, David B. Franco, Jose L. Gammon, John W. Garcia, Jose A. Garcia, Russell Gomez, Gabriel O. Gonzales, Angel Gonzales, Benito J. Gonzalez, Joseph Granieri, Christopher Grant, Kirk A. Grindle, Guy R. Gross, Michael W. 12 60A -16 all, Albert R. Hall, Laura Hansink, Joshua L Hay, Brian J. Hencke, William Heredia, Joseph R. Heredia, Eunice Hernandez, Pariet Hopp, Brian K. Horner, Stephen D. Huerta, Carlos Humphrey, Ryan D. Jimenez, Rodrigo Johannessen, Oddsverr Johnson, Dean M. Keating, Kenneth W. Kron, Kevin G. Lackey, William M. Lacy, Robert J. Lanzner, Lewis C. Lara, Ron Larsen, James P. Laser, Amanda 13 60A -17 Laura, Rommel Lee, Russell Leftige, Ronald H. Leos, Joseph L. Little, Brian M. Livingston, James B. Lopez, David C. Lopez, John Lopez, Jorge Lopez - Hidalgo, Arthur is, Alfonso Mahaffey, Herbert Maldonado, Miguel A. Manning, John A. Maresh, Matthew S. Marinello, Dennis J. arquez, Grady D. Martinez, Obet Mathers, John L. Mathews, Brian J. Mayo, Brad C. Mazariego, Diana McClelland, Tracy S. cDermott, Mark J. 14 60A -18 McHugh, Patrick Medina, Levi B. Medina, Octavio A. Medrano, Eddie Melton, James M. Miranda, Erik B. Monreal, Manuel G. Monville, Sean R. Moorhouse, Danny D Moreno, Stephen L. Morgan, Jeffrey L. Mosqueda, Edward Moyer, Tyler J. Muir, Jon C. Muro, Netzher Nguyen, Thone D. Novak, Michael Ochoa, Francisco Ogren, Andrew G. Ortiz, Pedro Osorio, Juan C. Overn, Tom J. Pahissa, Jonathan M. 15 60A -19 Park, Jae H. Parks, Daryl J. Parmenter, Wayne A. Pearson, Dennis A. Petz, Mark A. Phoenix, Brad -Allen V. Poissant, Timothy P. oli, Ethan A. Raygoza, Salvador Richardson, Robert L. Rivas, Thomas J. Robertson, James I. Robles, Jorge O. Roel, Erick Roelle, Christopher J. Romero, Grace M. Rosselle, Pedro A. Rossman, Cameron J. Rubio, Christopher Ruelas, Enrique Ruiz, George J. Sahm, John G. Saldana, Dion Salerno, Anthony 16 60A -20 Sandford, Richart E. Sandlin, Brian M. Sarabia, Rodolfo Smith, Robert F. Snyder, Steve R. Solomon, Steven E. Soria, Gaspar Soria, Roberto Spitler, Richard A. Sterling, William Suarez, Antonio Summers, Michael A. Talmage, Jeffry C. Tarbutton, Kenneth S. Taylor, Ryan Teed, Chris K. Thompson, Kristen H. Timoti, John M. Titel, Daniel F. Tivenan, Michael D. Townley, Thomas S. Trattner, Harry I. Trenholm, Christopher 17 60A -21 Underwood, Lawrence J. Urzua, Christian Van, Alexander E. Vargas, Jorge Vazquez, Andres Viar, David W. Vu, Khoa D. White, Eric M. Wilmovsky, Craig V. Woods, Brian C. 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Employees must have post position rights within the C<ty and be actively working in such a position. 2. or Erfll)"es must be certified as OCFA Human Resources pratidernt in conversing In either the Spanish Language by either the City of Santa and 3. Employees who voiunterity transfer into an admknistr NS assignment: except in situations involving fight duty MgArtY scheduled basis. wl a result awe vrork-related Injury, that prevents them from working in their post position on a enable to r+soelve the Specialty pay, 4. Employees on Wave and not working in their post position, except in situations involving the use of accrued vacation, sktic bave, bereavement Wave, performing jury duty, or receiving 4850 benefits, are not erngble to receive the Spedsity Pay. 5. Employeea who maintain post position rights outside of the City, but work overtime or perform shlR traded within the City. are not ftble to receive the Specialty pay. 6. Empbyees Meivkrg the Spedatty Pay May not <�ncMMtiy receive Bilingual Pay in a000rdance with Adkk I1/. t3edinn 4 B of the Fiefiphter Unit Memorandum of Understanding. Howewx, an employee who Is '"IV the by Pay. but sunwxk rs Malian right: to a post position in the City, will convert to reoel ft BRingtral Pay In accordance with the MOU Article MWenced herein. 7. Eligible employees will continue to receive the "sb'ltce teem" or engaged in Out to su S�� Pay at the rate of $135 a to a rights within the City. pProsslorn assignments as long as they maintain their twat position 6• The Spech*y Pay that le part of the employee's regularly scheduled hours is cornskWad T In EM"' and Is subject to the FLSA the same beadnent as a# other fom►s of'Compensatbn Eemebb ` h wilt be knduded `� j M • �•1� � i � REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: AGREEMENT WITH THE FIRE MANAGEMENT ASSOCIATION CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with the Fire Management Association regarding the rights and entitlements of members should the City contract with the Orange County Fire Authority to provide firefighting and related services. DISCUSSION The City and the Fire Management Association (FMA) recently completed negotiations delineating the terms and conditions applicable to FMA members should fire services be contracted out to the Orange County Fire Authority (OCFA). The provisions of this agreement are as follows: 1) Contracting Out Effective Date: The contracting out of fire management services to OCFA will begin at 8:00 a.m. on April 20, 2012. At the time of such contracting out, the current Memorandum of Understanding (MOU) with the FMA will no longer be in effect. Should the transition not occur before June 15, 2012, the negotiated terms described below will become null and void. 2) Salary Increase: The current Memorandum of Understanding provides a 3.5% salary increase effective July 1, 2012. This salary increase will not be implemented. 3) Salary Upon Transition to OCFA: Transitioning members will receive OCFA's top step salary plus applicable salary additives. A = Agreement with the Fire Management Association February 21, 2012 Page 2 4) Disability Retirements: Any sworn member who is rejected from employment by OCFA due to an industrial injury or medical condition will be certified as qualified for an industrial disability retirement. Any member who has not received a disability retirement and receives clearance to return to full working status per OCFA standards will be offered employment with OCFA for up to one year from the initial contract date. 5) Paid Leave Balances: The City will address leave balances in the following manner: Holiday Leave: 100% paid to employees at separation. Vacation Leave: Up to 350 hours transferred to OCFA; any remaining vacation leave up to 350 hours will be paid to employees. City vacation hours which transfer to the OCFA will not be combined with vacation hours earned while at the OCFA. Sick Leave: Up to 350 hours transferred to OCFA. Remaining sick leave eligible for the City's cash out option will be paid to employees at separation. Order of usage: Following transfer to OCFA, members will be required to use accrued OCFA leave prior to using the vacation and sick leave transferred from the City. In five years, or earlier if the member separates from service, all remaining vacation and sick leave which transferred to OCFA will be paid off by the City at the member's rate of pay upon separation from the City. 6) Retiree Health Savings Account (Fund 105): Fund 105 monies will be disbursed to individual health savings accounts and deposited with ICMA -RC, a vendor that manages the City's Retirement Health Savings Plan. Subsidy payments to retirees will cease on March 16, 2012. 7) Retiring Personnel: Employees who have retired from CalPERS will not begin work with OCFA prior to the initial date of the contract. However, employees may retire from CalPERS following their transfer to OCFA and such employees will enter the Orange County Employees Retirement System ( OCERS) as new members. Non - retiring employees transferred to OCFA will enter OCERS with the option of electing reciprocity with CalPERS or no reciprocity with CalPERS. Agreement with the Fire Management Association February 21, 2012 Page 3 8) Benefits: City - provided health insurance (medical, dental, vision), life and long term disability insurance, and flexible spending plans will cease April 30, 2012. OCFA will provide health insurance coverage effective May 1, 2012. FISCAL IMPACT The FY11 -12 Budget has sufficient funding to cover the net cost of final FMA negotiated items resulting from transitioning Santa Ana Fire to OCFA. It is estimated that the new OCFA fire service contract will generate annual savings to the City of $8.7M to $10M commencing with Fiscal Year 2012 -13. -A Edward Raya Executive Director Personnel Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: -, Francisco Gutierrez Executive Director Finance & Management Services Agency A = ? 1�% = MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA FIRE MANAGEMENT ASSOCIATION, AND THE INDIVIDUALS LISTED HEREIN This Memorandum of Understanding (hereinafter "MOU ") is by and between the City of Santa Ana (hereinafter "City "), the Santa Ana Fire Management Association (hereinafter "SAFMA ") and the individuals whose names and signatures adorn this agreement. WHEREAS, SAFMA is the recognized employee organization for designated classifications of employees employed by the City's Fire Department; WHEREAS, the individuals who are a party to this MOU are members of SAFMA whose rights and interests are affected by the contracting out of management oversight of firefighting and related services to the Orange County Fire Authority (hereinafter "OCFA "); WHEREAS, the labor relationship between SAFMA and the City is governed in part by a Memorandum of Understanding that, through various side letter agreements, has been extended through June 30, 2014 but which will expire upon the effective date of the contracting out of the City's Fire services to the OCFA; WHEREAS, the City is desirous of contracting out management oversight of firefighting and related services currently being performed by SAFMA members to OCFA; WHEREAS, SAFMA and the City have informally met and discussed issues associated with contracting out management oversight of firefighting and related services to OCFA and, through such informal discussions, have reached an agreement concerning the rights and entitlements of SAFMA members in the event the City and OCFA should enter an agreement for the contracting of firefighting and related services; and WHEREAS, SAFMA and the City wish to memorialize their agreement and provide for certain rights and entitlements of SAFMA members associated with the contracting out of firefighting and related services to OCFA. NOW, THEREFORE, the parties to this agreement hereby covenant and agree as follows: 1. Effective Date of Contracting Out of Fire Services to the OCFA: The City and OCFA have agreed to commence the contracting of services on April 20, 2012; provided, however, that if the transition does not occur on or before June 15, 2012, this MOU shall become null and void. The date of April 20, 2012 may be extended by mutual written agreement of SAFMA and the City and such extended date shall be incorporated into this agreement and replace each instance where April 20, 2012 is used herein by such new date. 2. Contracting of Firefighting and Related Services: The City and SAFMA agree that the City shall be permitted to contract out management oversight of firefighting and related services currently provided by SAFMA and its members effective 8:00 a.m. on April 20, 1 60B -5 2012, according to the provisions of this MOU. At the time of such contracting out, the Memorandum of Understanding (with an expiration date of June 30, 2014) between the City and SAFMA shall no longer have effect. 3. Status of Scheduled Salary Increase: The memorandum of understanding (with an expiration date of June 30, 2014) between the City and SAFMA provides that employees of SAFMA shall receive a salary increase of 3.5% effective July 1, 2012. That salary increase shall not be implemented, since it is due subsequent to the April 20, 2012 transition date to OCFA. 4. Transitioning Employees or New Hires: All City of Santa Ana Fire Battalion Chiefs shall be deemed "transitioning" employees on the effective date that firefighting and related services are contracted out. Transitioning Santa Ana Fire Battalion Chiefs shall receive the top step base salary for any position to which the member is assigned, plus applicable bonus pays (per appropriate OCFA MOU) for the rank of Fire Battalion Chief. The list of transitioning Fire Battalion Chiefs and their applicable base salary step with OCFA is attached hereto as "Exhibit 1 — Transitioning Employees" (attaches!). The City of Santa Ana Administrative Chief /Fire Marshal shall be hired as a non -sworn employee in the position of Assistant Fire Marshal, and shall receive the top step base salary (Step 12) plus applicable bonus pays (per appropriate OCFA MOU), and shall be deemed a new hire by OCFA as attached hereto as "Exhibit 2 — New Hires" (attaches!). 5. Members Rejected Due to Industrial Injury or Medical Condition: The City agrees that it shall certify as qualified for industrial disability retirement any sworn member of SAFMA who is rejected from employment by OCFA due to a legitimate industrial injury or other industrial medical condition, upon submission of the required paperwork (DWC -1, etc.). The parties agree that if a disability retirement is not granted, the City is under no obligation to reinstate the employee to employment with the City as the employee's position shall have ceased to exist as a result of the contracting out of the Santa Ana Fire Department. A. The parties agree that any SAFMA member who fails to meet the standards to be employed by OCFA on April 20, 2012 because of injury or illness and who either does not seek or does not qualify for a disability retirement shall be offered employment by OCFA upon meeting such standards, provided, however, OCFA shall not be obligated to offer any employment beyond one year from the effective date of the contracting out of firefighting and related services. B. Upon meeting the standards for employment and within the one year referenced in (a) above, the member shall be granted employment per Exhibits 1, 2, 3 and 4 (attached. 6. Leave Balances: The parties agree that the accrued leave balances for members of SAFMA being employed by OCFA shall be paid or forwarded to OCFA as specified below. A. Upon transition, the City of Santa Ana will establish a leave bank not -to- exceed 350 hours for each transitioning employee who transitioned from a Fire Management Association position at the City. These leave bank hours are based on shift schedules, T •� and therefore, will be converted to staff hours, as appropriate, depending on the transitioning employee's assigned position. 1. Holiday Leave: The City shall cash out one hundred percent (100 %) of the holiday leave time banks at the time of transitioning employees' separation from City employment. 2. Vacation Leave: Upon transitioning employees' separation from the City, up to a maximum of three hundred and fifty (350) hours of vacation leave shall be transferred to OCFA as part of the transitioning employee's leave bank. Each member shall designate how many hours of his /her current City vacation leave, up to a maximum of three hundred and fifty (350) hours, shall be transferred to OCFA. The City shall cash out the amount of accrued vacation leave, including management vacation, minus the amount designated by the member for transfer to OCFA, not to exceed three hundred and fifty (350) hours total. The vacation bank which transitions over to OCFA shall not be combined with vacation earned while at OCFA. 3. Sick Leave: Upon separation from the City, up to three hundred and fifty (350) hours of sick leave shall be transferred to OCFA as part of the transitioning employee's leave bank. Each member shall designate how many hours of his /her current City sick leave, up to a maximum of three hundred and fifty (350) hours, shall be transferred to OCFA. The City shall cash out the remaining balance of sick leave per the current SAFMA MOU. Any accrued, unused sick leave that is not subject to cash out per the current SAFMA Memorandum of Understanding shall be forfeited. B. OCFA recognizes that each employee's leave bank was derived from a combination of accrued holiday leave, vacation leave, and sick leave while employed by the City; however, upon transition, the leave balances shall be treated by OCFA as General Leave, and no longer tracked based on the individual categories listed above. C. General Leave banks transferred from the City will be tracked separately from new OCFA leave time accrued by the transitioning employees under the applicable MOU, and shall be used as a supplement to OCFA accrued vacation and sick leave. Transitioning employees shall be required to exhaust the balance of their respective OCFA accrued leave banks before using the General Leave transferred from the City. Use of all leave time, whether General Leave or OCFA accrued leave, must comply with OCFA's applicable MOU; however, General Leave banks are not eligible to be cashed - out by OCFA in lieu of using said time. D. The General Leave balance in each employee's leave bank shall be available for use by transitioning employees, as described above, up until and including April 13, 2017. OCFA shall pay amounts due to transitioning employees who use time from the City's General Leave bank, and the City will repay such amounts to OCFA, as invoiced on a quarterly basis. E. Any amounts remaining in the transitioning employees' General Leave banks effective April 14, 2017 (or such earlier date if the transitioning employee separates from OCFA) 3 60B -7 will no longer be available for use by transitioning employees. OCFA will provide a report to the City within 30 days after April 14, 2017 (or within 30 days following separation) detailing the hours remaining in each employee's bank. With respect to the vacation and sick leave transferred to OCFA described in subsections A through C, above, former SAFMA members shall be required first to use their OCFA accrued vacation and sick leaves, respectively, before using the vacation or sick leave which transferred from the City. On April 14, 2017, or such earlier date if the former SAFMA member separates from OCFA, all remaining vacation and sick leave which transferred to OCFA from the City shall be paid off by the City at the former SAFMA member's regular rate of pay as of April 20, 2012. With respect to any leave described in subsections 1 through 3 above which the City is paying off to employees as a result of the transition to OCFA, it shall be paid to employees on the second payday following the transition date. If that date is April 20, 2012, it shall be paid on May 20, 2012. 7. Fund 105: The City shall cease subsidy payments to retirees on or about March 16, 2012. The City agrees to amend the existing contract with its current Retirement Health Savings Plan ( "RHS ") vendor, 1CMA -RC ", to allow current SAFMA members and retirees to participate in the "Vantage Care" RHS. SAFMA shall determine how the existing funds shall be divided among its current members and retirees. All existing funds shall be deposited into the RHS established specifically for SAFMA by April 16, 2012. 8. Transitioning Employees, New Hires and CaIPERS Retirement: The parties agree that OCFA shall not offer employment to City personnel who retire from the City prior to April 20, 2012. However, the parties agree that employees are not precluded from transitioning to OCFA and then retiring from CalPERS. OCERS has informed the City that transitioning employees, and new hires who retire from CalPERS and then work under OCERS, start as new employees under the OCERS system. Therefore, the parties acknowledge that their mutual understanding is that City transitioning employees and new hires able to transition to OCFA: 1) with full reciprocity elected, 2) with no reciprocity elected or 3) starting as a new employee in OCERS and then retiring from CalPERS. 9. Health Insurance for the Month of May 2012: The parties acknowledge that by transitioning to the OCFA on April 20, 2012, the City would be responsible to continue to cover the SAFMA employees' health insurance through the month of May 2012 unless otherwise agreed. The parties agree that since transitioning employees will be covered by OCFA's health and welfare insurance plans effective May 1, 2012, the City need not cover such employees for any health insurance (including medical, dental and vision insurance) beyond April 30, 2012. As such, this agreement constitutes a clear waiver of the right to city- sponsored health insurance coverage in May 2012 and beyond. All other health and welfare benefit plans sponsored by the City (including dental, vision, life and AD &D, long- term disability insurance and flexible spending plans) shall cease on April 30, 2012 per the current contract provisions with each insurance provider, and notification of COBRA Election Rights will be sent to all affected qualified beneficiaries. 10. Terms of OCFA Agreement With the City Incorporated Herein: The City and OCFA have negotiated a Fire Services and Emergency Medical Services Agreement which governs the provision of firefighting and related services to the City, some terms of which impact the wages, hours and other terms and conditions of employment of SAFMA members that will become employees of OCFA. The parties agree that the following provisions of the City's agreement with OCFA are incorporated herein and are thus part of this MOU between the parties. Additional specific information is contained as "Exhibit 3 — Transition of Employment Agreement between Orange County Chief Officers Association and Orange County Fire Authority ". A. As addressed in item one (1), page one: Effective Date of Contracting Out of Fire Services to the OCFA and item five (5), page two: Members Rejected Due to Industrial Injury or Medical Condition above, OCFA shall offer employment effective 8:00 a.m., April 20, 2012, or as soon thereafter as possible if that date cannot be accommodated by all of the tasks which must be accomplished by that date, to personnel employed by City on the effective date of this agreement who meet the minimum physical and medical standards for their designated positions with OCFA, as determined by a physical examination conducted prior to April 20, 2012. B. "Exhibit 1" to this MOU sets forth the names of sworn SAFMA members who shall be offered employment subject to the terms of this MOU. "Exhibit 1" includes the rank or job title being offered and the OCFA salary step at which the SAFMA member shall be placed on the date of hire. As addressed in paragraph 4 above sworn SAFMA members listed in "Exhibit 1" who accept employment with OCFA shall be referred to as "Transitioning Employees ". C. Transitioning Employees shall be considered to have passed their probationary period with OCFA. D. Continuous employment with the City shall be considered the same as continuous employment with OCFA for all Transitioning Employees for the purposes of meeting minimum requirements for promotional opportunities, lay -off protections and the accrual of vacation and sick leave. "Exhibit 4" to this MOU sets forth the seniority in rank for Transitioning Employees. Transitioning Employees shall accrue vacation and sick leave at the OCFA at the rates designated in the applicable OCFA bargaining unit MOU for employees based on years of service, which includes service time with the City of Santa Ana. Transitioning members shall be governed by the provisions outlined in as "Exhibit 3 ". E. As addressed in item four (4), page two: Transitioning Employees or New Hires and set forth in "Exhibit 2" to this MOU, OCFA shall offer employment effective 8:00 a.m., April 20, 2012, to one designated non -sworn employee, who held the sworn position of Administrative Chief /Fire Marshal with the City on the effective date of this agreement. Such non -sworn employee is considered a "new hire" for all purposes. T : F. "Exhibit 2" to this MOU sets forth the name of the sworn Administrative Chief /Fire Marshal who shall be offered employment, the class or job title being offered and the OCFA salary step at which the non -sworn SAFMA member shall be placed on the date of hire. G. Other specific information relative to wages, hours, and other terms and conditions of employment is contained in the applicable OCFA bargaining unit MOU's. Such items are subject to modification through the collective bargaining process between the OCFA and the bargaining unit which represents such employees. 11. Ratification and Execution. The City and SAFMA have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa. The City and the SAFMA acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of SAFMA and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and SAFMA and entered into this 21St day of February 2012. Dated: Dated: Dated: ATTEST: CLERK OF THE COUNCIL CITY OF SANTA ANA, a Municipal Corporation of the State of California By: MAYOR By: CITY MANAGER By: EXECUTIVE DIRECTOR - PERSONNEL SERVICES APPROVED AS TO FORM: CITY ATTORNEY This Agreement has been ratified by the membership of the Santa Ana Fire Management Association. Continued next page T I W1 1J Dated: SANTA ANA FIRE MANAGEMENT ASSOCIATION A RANDY BLACK, PRESIDENT Anthony Espinosa James Henery Delores Smith %T1 = 1�% = a VA CL LLI CA _ U- CA ® § &� \ LUo - - § \ LL cl §z ) o�® _ _ _ 0� \ 04 Cl) - - �§ » » 2[ LU 6 Exhibit1 6 nu A 3 z w 3 \ 2 « CA _ U- CA ® - LUo w § \ §z ) f \ 2 \ § U- ) & tL » » 2[ LU 6 Exhibit1 6 � 3 z w 3 \ k j k § [ m m § / � \ \ \ 2 E E E cam& m C-4 04 _ kk\ � » IQ ƒk / / oB k = 0) LL � � U- - - LUo w §§ z §z ) f k 2 z U- ) & « 2[ LU Exhibit1 zz «� z w (§ \ k j k L\ LL b jLL. °k 60B-1 3 1�% = a VA 2 a 0 N C W N ~ N n N Q >- 00 m N r LL Z U Lu LL ON co b9 v Q -j a0o N � -U 0w LL N Q Q CO) m 0 � m W LLd' a o C .0 (1) a �� m z a LL U O z O le v a Q a LL U O w � W O Z Lu LL N O � O z w0 a Exhibit 2 co = Z W z F to w Z 0 J N (n U LL W S LL W y O O le %Tl = TRANSITION OF EMPLOYMENT AGREEMENT BETWEEN ORANGE COUNTY FIRE AUTNORITy CHIEF OFFICERS ASSOCIATION AND TERM OF AGREE �T�� NT � ► � TFRtO M DECEMBER 11, 2013 PAGE 1 OF 2 In oorrsideration of the Orange County Fire Authority.$ r0CFAj intent to, by contractual agreemaM provide fire services for pubec agrnd ft within Orange County who had previous the fiM County Fthn Vh their own Fire Mpartment, the Cq,�, � k and the O ►g pry Conti Authority Chief OM09n; Association C'OCFACOAJ agree to the within Oran County s In xA t the transition of empioy�ees from otter ilk fire service agent with the OCFA: 1. Except as spadficagy modified In 2., 3., 4., and 5. below, son fire service agency � shall be based on the dated of �� pubes fire service agency b the OCFA. 2. Trarsitioning public fine service agency ' oontinuous OMPIOYMent with the public fire service agency from which they are Vansifioning shall be .W.W the same as continuous employment with the OCFA for the purpose a A. Sick leave and vacation accruals, and 13. Meeting minkr UM its for promotional cpporttmtties. 3. Transitioning public fine service agency employees' continuous Public fie service agency from which they are transitieoni employment with the as continuous employment with the OCFA for the Purpose of be �+wideted the same iinttations described below: layer seniority within the A. Credit for public fire service number of �ty ( I0M rxy time for layoff seniority shall be limited to the to by the oontracg pt�gc fire required for the service level agreed po excess of this rwmber shag not receive ror purposes, as sPedfied in 3.8. below. purposes, except S. when an employee, who has received leaves employment with the OCF the �� credit pursuant to 3.A above, to the trarrsitieorned A' lesiotw 3.A. above shag be applied public fire service who has the Longest oa�tinuous services in the same under the provisior>s� has not Previously �iwed crept for seMority 4. To the extent not provided with their transition to employment with the OCFA, the parties agree to apply the proves of 3.A and 3.8 above to employees who previously transitloned to the OCFA from the cities of Stanton and Seal Beach 5. To the extent not provided with their transition to @MPloymo* with the OCFA, the parties 8130 agree to apply the provisions of 3.A and 3.8. above to amp:0Vees EXHIBIT 3 ��% = TRANSITION OF EMPLOYMENT AGREEMENT PAGE 2 OF2 who on or before July 1, 1880 transitioned to the OCFA from the California Department of Forestry. 6. Nothing to this Agreerent shall be construed In a manner that would provide credit for service with a pubic fire service agency other that the OCFA for any purpose not SPOCIfically provided herein. 7. The parties agree that this Agreement mob" all issues ragarding seniority for employees trwmI i ft from the California Deparhwd of Forestry and dies of Stanton and Seal Beach and all issues regarding senio ft for amployses tre Woor*V in the future from Other pubic fire service agencies within Orange County pursuant to service contracts with the OCFA. S. T dispute. WwwA or parties agree that this Agreement shad not serve as a pracedent for any grievance, resolved by this Agrearnt between e� those issues specifically 8• Disputes regwdkg the application of the provisions of this Agreement shall not be subject to appeal through the Grievance proOedWe set forth in Article IX of the Fine Management Unit Menwandum of Linderstanding. «. Dab N I ° UI ofI ID EXHIBIT 4 C W d R W mV O o M 0 d 1- `d d > d _C d 07 d ii W C N O N q U ° N a O o O F U U U a U- iL U. E w M � N O � ° U 0 � d U F > C O_ d a � � CD d LL a H - LO iN O co pA U a d t ? U F d d LL CL a d 0 C d � O O O O o O d w U U U U c o 0 0 z m m m V N LL d LL d LL E m Z LL O c 0 c d E � E co Z IA Y V C C N J @ 07 d w W d 2 O y LL n ti N m (a O EXHIBIT 4 �:�1 � 1� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2012 TITLE: OUTSOURCING FIRE AND EMERGENCY MEDICAL SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15f Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with the Orange County Fire Authority for the purposes of outsourcing fire and emergency medical services effective April 20, 2012 for an eight -year term with renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Orange County Fire Authority (OCFA) is one of the largest regional fire service providers in California. The Authority responds to over 87,000 emergency incidents throughout its fire protection area. The OCFA currently serves 1.4 million residents in an area of 550 square miles. The service area consists of 23 jurisdictions including the unincorporated county and 22 member cities with real property having an assessed valuation in excess of $213 billion dollars. OCFA is one of 12 fire agencies that are accredited by the Commission of Fire Accreditation International (CFAI) in California. This accreditation establishes high performance standards that its members must comply with, thereby ensuring the highest level of fire protection. The principle benefits of a regional system are reduced costs, increased effectiveness, and a larger depth of resources such as hazmat, swift water, urban search and rescue, and rotor and fixed wing aircraft. This agreement represents the following scope of services: all emergency fire, and emergency medical services, Fire Investigation, Training, Hazardous Materials response, Urban Search and Rescue response, Fire Prevention, Communications and Dispatch services, Information Technology services, facility and apparatus maintenance and administrative support by OFCA. The level of service provided to the City will be the same as the general level of similar services provided by OCFA elsewhere within its boundaries. Service criteria specific to Santa Ana are set forth in the proposed agreement. Any changes to such levels and method of service shall be agreed upon by the Board of Directors of the OCFA and the City. 60C -1 Outsourcing Fire and Emergency Medical Services February 21, 2012 Page 2 All ten fire stations in the City will remain operational. Any changes in fire suppression and emergency medical response service station assignments must be agreed upon between the Authority and the City. Additionally, the City will seek a private provider of ambulance services. A Request for Proposals is being distributed to solicit proposals which will then be approved by the City Council in a separate action. The implementation of a private ambulance service will coincide with the April 20, 2012 transfer date of the City's fire service to OCFA. If an interim service is required, a temporary contractor will be assigned for a maximum of 90 to 120 days. FISCAL IMPACT The FY11 -12 Budget has sufficient funding to cover the net cost resulting from transitioning Santa Ana Fire to OCFA. The City will generate estimated annuals savings of $8.7M to $10M commencing with fiscal year 2012 -13. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 60C -2 4509 -08 110179 v3 9/27/99 AMENDED ORANGE COUNTY FIRE AUTHORITY JOINT POWERS AGREEMENT 60C -3 TABLE OF CONTENTS Page No. RECITALS......................................................................................... ..............................1 AGREEMENT.................................................................................... ..............................3 ARTICLE I. POWERS AND PURPOSES ......................................... ..............................3 1. Authority Created ................................................................ ..............................3 2. Purpose of the Agreement; Common Power to be Exercised ...........................3 3. Effective Date of Formation ................................................. ..............................3 4. Powers ................................................................................ ..............................4 ARTICLE II. ORGANIZATION .......................................................... ..............................7 1. Membership ........................................................................ ..............................7 2. Designation of Directors ...................................................... ..............................7 3. Principal Office .................................................................... ..............................8 4. Meetings ............................................................................. ..............................8 5. Quorum; Voting ................................................................... ..............................9 6. Executive Committee .......................................................... ..............................9 7. Officers ............................................................................... ............................... 9 8. Minutes .............................................................................. .............................10 9. Rules .................................................................................. .............................10 10. Fiscal Year ....................................................................... .............................10 11. Assent of Members .......................................................... .............................10 12. Committees ...................................................................... .............................11 4509 -08 i 110179 v3 9/27/99 60C -4 13. Additional Officers and Employees; Contract Services .... .............................11 ARTICLE III. TRANSFER OF FIRE OPERATIONS ........................ .............................12 1. List of Assets and Liabilities ............................................... .............................12 2. Transfer of County Assets and Liabilities ........................... .............................12 A. Personnel ............................................................... .............................13 B. Assets .................................................................... .............................13 C. Reserves ................................................................ .............................14 D. Contracts ............................................................... .............................14 E. Records .................................................................. .............................15 3. Authority Assumption of Liability ........................................ .............................15 ARTICLE IV. FUNDING OF FIRE OPERATIONS ........................... .............................16 1. General Budget .................................................................. .............................16 2. Expenditures for the Approved Budget .............................. .............................17 3. Contributions for Budgeted Amounts ................................. .............................17 A. Structural Fire Fund ............................................... .............................17 B. Cash Contract Cities .............................................. .............................17 C. Participation In Maintenance and Replacement Programs .................18 D. Responsibility For Capital Improvements ............... .............................18 E. Cap on Annual Adjustments ................................... .............................18 F. Cost Basis For Next year's Adjustment .................. .............................21 G. Expiration of Cap ................................................... .............................21 H. New Resources To Cash Contract Cities ............... .............................21 450M8 110179 v3 (� 9127/99 60C -5 I. John Wayne Airport ................................................. .............................21 J. Termination ............................................................. .............................21 4. Equity ................................................................................. .............................22 5. Approval of Bonded Indebtedness ..................................... .............................24 6. Authority Cooperation ........................................................ .............................24 ARTICLE V. ACCOUNTING AND AUDITS ..................................... .............................25 1. Accounting Procedures ...................................................... .............................25 2. Audit ................................................................................... .............................25 ARTICLE VI. PROPERTY RIGHTS ................................................. .............................25 1. Vehicles, Equipment, Facilities and Property ..................... .............................25 A. Ownership .............................................................. .............................25 B. Capital Improvements ............................................ .............................26 C. Maintenance and Repairs ...................................... .............................26 D. Equipment and Vehicle Replacement/Depreciation Programs ...........26 2. Disposition of Assets Upon Termination ............................ .............................27 3. Liabilities ............................................................................ .............................27 4. Indemnification and Insurance ........................................... .............................27 ARTICLE VII. WITHDRAWAL AND ADDITION OF MEMBERS ..... .............................30 1. City Member Withdrawal .................................................... .............................30 A. Initial Term ............................................................. .............................30 B. Subsequent Terms ................................................. .............................31 C. Removal From Board After Notice of Withdrawal .. .............................32 4509 -08 110179 v3 III 9/27/99 60C -6 D. Rescission of Notice .............................................. .............................32 E. Property Tax Transfer Negotiations ....................... .............................33 2. Addition of New City Members ........................................... .............................33 3. Withdrawal of County ......................................................... .............................33 4. Property of Withdrawing Members ..................................... .............................34 ARTICLE VIII. TRANSITION TO AUTHORITY ............................... .............................34 ARTICLE IX. NOTICE OF AGREEMENT ........................................ .............................34 1. Initial Notice ........................................................................ .............................34 2. Additional Notices .............................................................. .............................35 3. Notice to Members ............................................................. .............................35 4. Amendment ........................................................................ .............................35 5. Headings ............................................................................ .............................35 6. Severability ......................................................................... .............................36 7. No Continuing Waiver ........................................................ .............................36 8. Successors ......................................................................... .............................36 9. No Third Party Beneficiary ................................................. .............................36 SIGNATUREPAGES ....................................................................... .............................37 4509 -08 110179 v3 iv 9727199 60C -7 AMENDED ORANGE COUNTY FIRE AUTHORITY JOINT POWERS AGREEMENT This amended Agreement is made this 23rd day of September, 1999 by and between the following public entities (collectively, the "members "), BUENA PARK, CYPRESS, DANA POINT, IRVINE, LAGUNA HILLS, LAGUNA NIGUEL, LAKE FOREST, LA PALMA, LOS ALAMITOS, MISSION VIEJO, PLACENTIA, SAN CLEMENTE, SAN JUAN CAPISTRANO, SEAL BEACH, STANTON, TUSTIN, VILLA PARK, WESTMINSTER AND YORBA LINDA (collectively, the "Cities ") and the COUNTY OF ORANGE (the "County "). RECITALS A. County operates the Orange County Fire Department (the "Fire Department "), which presently provides fire protection, prevention and suppression services and related and incidental services to Cities, as well as to the unincorporated area of the County and State areas of responsibility ( "SRA "). B. County agrees that Cities require additional policy input into and direction over the costs of such services and use of structural fire fund taxes levied therefor. 4509 -08 1 110179 v3 9/27/99 60C -8 C. Cities and County have studied and discussed policy input and cost control for over three years and have determined that creation of a joint power entity to administer fire service operations and delivery serves their needs for policy input and cost control. D. Each member is a public agency as defined by Government Code Section 6500 et seq. and is authorized and empowered to contract for the joint exercise of powers common to each member. E. The members now wish to jointly exercise their powers to provide for mutual fire protection, prevention and suppression services and related and incidental services, including but not limited to, creation, development, ownership and operation of programs, facilities, and funds therefor through the establishment of the "Orange County Fire Authority" (the "Authority "). NOW, THEREFORE, in consideration of the mutual promises set out, the parties agree as follows: 4509 -08 2 110179 v3 9/27199 60C -9 AGREEMENT ARTICLE I. POWERS AND PURPOSES 1. Authority Created. The Authority is formed by this Agreement pursuant to the provisions of Article 1, Chapter 5, Division 7, Title I (commencing with Section 6500) of the Government Code of the State of California. The Authority shall be a public entity separate from the parties hereto and its debts, liabilities and obligations shall not be the debts, liabilities and obligations of its members. 2. Purpose of the Agreement; Common Powers to be Exercised. Each member individually has the statutory ability to provide fire suppression, protection, prevention and related and incidental services including but not limited to emergency medical and transport services, and hazardous materials regulation, as well as providing facilities and personnel for such services. The purpose of this Agreement is to jointly exercise the foregoing common powers in the manner set forth herein. 3. Effective Date of Formation. The Authority shall be formed as of February 3, 1995, or such later date as agreed to in writing by all the members (the "Effective Date "), provided that the Authority has met the insurance requirements set forth in Article VI., Section 4. D. below and has become enrolled as a member in the Orange County Employees Retirement System (OCERS). 4509 -08 3 110179 v3 9/27/99 60C -10 4. Powers. Pursuant to and to the extent required by Government Code Section 6509, the Authority shall be restricted in the exercises of its powers in the same manner as is a general law city. The Authority shall have the power to do any of the following in its own name: A. To exercise the common powers of its members in providing fire suppression, protection, prevention and related and incidental services. B. To make and enter into contracts, including contracts with its members; notwithstanding, the Authority may not enter into real property development agreements. C. To assume Fire Department contracts relating to fire suppression, protection, prevention and related and incidental services. D. To determine compensation and working conditions and negotiate contracts with employees and employee organizations. E. To employ such agents, employees and other persons as it deems necessary to accomplish its purpose. 4509 -08 4 110179 v3 9/27/99 60C -11 F. To lease, acquire, hold and dispose of property. G. To invest surplus funds. H. To incur debts, liabilities, or obligations, provided that all long term bonded indebtedness, certificates of participation or other long -term debt financing require the prior consent of the members as set out in Article IV. hereof. I. To sue and be sued in its own name. J. To apply for grants, loans, or other assistance from persons, firms, corporations, or governmental entities. K. To use any and all financing mechanisms available to the Authority, subject to the provisions of Article IV. hereof. L. To prepare and support legislation related to the purposes of the Agreement. 41%9 -0a 5 110179 v3 9/27/99 60C -12 M. To lease, acquire, construct, operate, maintain, repair and manage new or existing facilities as well as to close or discontinue the use of such facilities. N. To levy and collect payments and fees for services, provided that paramedic or ambulance user fees shall be approved by the member(s) affected. O. To impose new special taxes or assessments as authorized by law to the extent allowed by law, and in coordination with the underlying jurisdiction. P. To provide related services as authorized by law. Q. To contract for the services of attorneys, consultants and other services as needed. R. To purchase insurance or to self- insure and to contract for risk management services. 4509 -08 6 110179 v3 9127199 60C -13 S. To adopt rules, regulations, policies, bylaws and procedures governing the operation of the Authority. T. To determine the compensation of Directors. ARTICLE II. ORGANIZATION 1. Membership. The members of the Authority shall be the original parties hereto which have not withdrawn from the Authority, and such other cities as may join the Authority after execution of this Agreement. New members may join on the terms and conditions set out in Article VII. hereof. 2. Designation of Directors. Each member by resolution of its governing body shall designate and appoint one representative to act as its Director on the Authority Board of Directors (the "Board "), except the County whose Board of Supervisors shall appoint two representatives to act as its Directors. Each representative shall be a current elected member of the governing body. Each Director shall hold office until the selection of a successor by the appointing body. Each member shall also appoint an alternate to act in each Director's absence. Each alternate shall be a current elected representative of the governing board of the member. Each Director and alternate shall serve at the pleasure of his or her appointing body and may be removed at any time, with or without cause, at the sole 4509 -08 7 110179 v3 9127/99 60C -14 discretion of that appointing body. Any vacancy shall be filled in the same manner as the original appointment of a Director and /or alternate. With approval of the Board, a Director or alternate may be reimbursed for reasonable expenses incurred in the conduct of the business of the Authority. 3. Principal Office. The principal office of the Authority shall be the Fire Department's Water Street headquarters or as may be otherwise designated by the Authority from time to time. 4. Meetings. A. The first and organizational meeting of the Authority shall be held at its principal office on the Effective Date. At that meeting, the Board may determine whether to adopt a rotation system of two (2) and four (4) year terms to provide for increased continuity on the Board and shall classify themselves into any groups selected. B. The Board shall meet at the principal office of the Authority or at such other place as may be designated by the Board. The time and place of the regular meetings of the Board shall be determined by resolution adopted by the Board, and a copy of such resolution shall be furnished to each party hereto. All Board meetings, including regular, adjourned and special meetings, shall be called, noticed and held in 4509 -08 8 110179 v3 9127199 60C -15 accordance with the Ralph M. Brown Act, Section 54950, et seq. of the Government Code (the "Brown Act ") as it may be amended from time to time. 5. Quorum; Voting. A majority of the Directors shall constitute a quorum for the purpose of the transaction of business relating to the Authority. Each Director, or alternate in the absence of any voting Director, shall be entitled to one vote. Unless otherwise provided herein, a vote of the majority of those present and qualified to vote shall be sufficient for the adoption of any motion, resolution or order and to take any other action deemed appropriate to carry forward the objectives of the Authority. 6. Executive Committee. The Board shall select from among its members an Executive Committee, one member of which shall be a County Supervisor, and shall designate the functions to be performed by the Executive Committee, as allowed by M 7. Officers. The Board shall elect from among its members a chair and vice -chair and thereafter at the first meeting in each fiscal year the Board shall elect or re -elect a chair and vice - chair. In the event that the chair or vice -chair ceases to be a Director, the resulting vacancy shall be filled in the same manner at the next regular meeting of the Board held after such vacancy occurs. In the absence or inability of the chair to act, the vice -chair shall act as chair. The chair, or in his or her absence the vice - chair, shall preside at and conduct all meetings of the Board. In the absence of the 4509 -08 9 110179 v3 9127/99 60C -16 chair and vice - chair, the Board shall elect a chair pro tempore to preside at and conduct the meeting. The Board shall also appoint a clerk of the Authority. 8. Minutes. The clerk of the Authority shall provide notice of, prepare and post agendas for and keep minutes of regular, adjourned regular, and special meetings of the Board, and shall cause a copy of the minutes to be forwarded to each Director. The clerk will otherwise perform the duties necessary to ensure compliance with the Brown Act and other applicable rules or regulations. 9. Rules. The Board may adopt from time to time such bylaws, rules and regulations for the conduct of its affairs that are not in conflict with this Agreement, as it may deem necessary. 10. Fiscal Year. The Authority's fiscal year shall be July I of each year, or in the year of its formation, the Effective Date, to and including the following June 30. 11. Assent of Members. The assent or approval of a member in any matter requiring the approval of the governing body of the member shall be evidenced by a copy of the resolution of the governing body filed with the Authority. 4509 -08 1 0 110179 v3 9127/99 60C -17 12. Committees. The Board may establish standing or ad hoc committees or subcommittees composed of Board members, staff and /or the public to make recommendations on specific matters. 13. Additional Officers and Employees; Contract Services. A. Pursuant to Government Code Sections 6505.5 and 6505.6, the Board shall appoint an officer or employee of the Authority, an officer or employee of a member public agency or a certified public accountant to hold the offices of treasurer and auditor for the Authority. Such person or persons shall possess the powers of and shall perform the treasurer and auditor functions for the Authority required by Government Code Sections 6505, 6505.5, and 6505.6, including any subsequent amendments thereto. Pursuant to Government Code Section 6505.1, the clerk of the Authority and the auditor and treasurer shall have charge of certain property of the Authority. The treasurer and auditor shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. The treasurer, auditor and clerk of the Authority shall be required to file an official bond with the Board in an amount which shall be established by the Board. Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of the Authority. 4509 -08 1 1 110179 v3 9127/99 60C -18 B. The Board shall appoint general counsel and special counsel to the Authority to serve as necessary. C. The Board may contract with a member to provide necessary administrative services to the Authority as appropriate. Any administrative duties also may rotate from year to year. ARTICLE Ill. TRANSFER OF FIRE OPERATIONS 1. List of Assets and Liabilities. An up -to -date list of all Fire Department personnel, employment agreements, pension agreements, assets (including but not limited to real property, equipment, Fire Department reserves, contracts and deposits) and all known liabilities (including but not limited to tort and workers' compensation cases and claims) shall be prepared by the transition team during the transition referred to in Article VIII. below. 2. Transfer of County Assets and Liabilities. Effective as of the date of Authority formation, County shall transfer to the Authority all assets and liabilities of the Fire Department, exclusive of the Weed Abatement and Hazardous Materials Program Office and their personnel (the Asset Transfer), as further set out in this Article. 4509 -08 ) 2 110179 v3 9127199 60C -19 A. Personnel. The parties agree that the Authority is the successor employer to the County by operation of law, including for retirement and pension purposes. On the Effective Date, each and every employee of the Fire Department shall become an employee of the Authority on exactly the same terms and conditions as set forth in the County's existing Memoranda of Understanding ( "MOU's "), employment agreements and all other applicable employment rules, regulations, ordinances and resolutions. The Board shall forthwith adopt and ratify such MOU's, employment agreements, and employment rules, regulations, ordinances and resolutions for each of the Authority employees and shall take such other and further actions as authorized and necessary to implement this subparagraph A. The Board also shall take all necessary steps to confirm continuation of membership in the County's 1937 Act Retirement system on the same terms and conditions. B. Assets. All Fire Department assets, including and not limited to real property, including the Fire Headquarters complex located at 180 South Water Street in Orange (but excepting the four deactivated fire stations located at 1502 South Greenville Street, Santa Ana; 12962 Dale Street, Garden Grove; 521 North Figueroa Street, Santa Ana; and 31411 La Matanza Street, San Juan Capistrano) and personal property and equipment and apparatus, whether or not located at fire stations, the Fire Headquarters complex, on equipment or otherwise shall transfer to the Authority in their "as is" condition as of the Effective Date. As part of the consideration for the County's Asset Transfer and contribution to the Authority of its SFF from the unincorporated area, 4509 -0a 13 110179 v3 9/27/99 60C -20 the Authority shall assume the Fire Department's obligation for payment of $14.5 million to the County for purchase of Fire Department assets. The parties acknowledge that $8.2 million remains owing, and that the Authority shall make a $4.1 million payment by June 30, 1995 and a $4.1 million payment by June 30, 1996. C. Reserves. All Fire Department reserves, including the Fire Department's Fund 130 contingency, as shown in the County's 1994 -95 Final Budget, shall transfer, unencumbered, to the Authority as of the Effective Date. D. Contracts. Except for the SRA agreement with the California Department of Forestry and Fire Protection ( "CDF "), all existing County agreements and contracts involving the Fire Department or its personnel, including but not limited to contracts with Structural Fire Fund and cash contract Cities, mutual aid agreements, automatic aid agreements, County island agreements, and entry, access and roadwork agreements, shall be assigned to the Authority as of the Effective Date, with any service or obligation to be provided or performed thereafter by the Authority. A list of all such contracts shall be developed during the transition period. The Authority agrees to assume all of County's obligations, duties and liabilities under said agreements and contracts. With respect to contracts between County and the Structural Fire Fund Cities and cash contract Cities, each City member hereby agrees to the assignment to the Authority and agrees to release County as of the Effective Date from any further obligations to any City member under said contracts upon assignment. As part of the 4509 -08 1 4 110179 v3 9/27/99 60C -21 consideration for the County's Asset Transfer and contribution to the Authority of its SFF from the unincorporated area, the Authority agrees to subcontract with County for the provision of services to all areas within the County which have been designated as SRAs or enter into another arrangement on such terms as are acceptable to the CDF and the County. As additional consideration for the County's Asset Transfer and contribution of its SFF from the unincorporated area, the Authority further agrees to contract with the County for the Authority's provision of services to the County's unincorporated areas and for the Authority's provision of aircraft rescue fire fighting service to John Wayne Airport. E. Records. Any and all business records and files, whether computer records, hard copy, microfilm or fiche, historical data, rosters, personnel records, organizational charts, job descriptions, deeds, easements, equipment logs, warranties, manuals and so forth, necessary or helpful to provide services shall be transferred by the County to the Authority during the transition period. 3. Authority Assumption of Liability. In further consideration for the County's Asset Transfer and contribution of its SFF from the unincorporated area, the Authority shall assume responsibility for any and all loss, litigation, liability, injury, damage, claim, demand, and tort or workers' compensation incidents that occur on or after the Effective Date. The County shall retain responsibility and liability for any and all such incidents that occur prior to the Effective Date and shall retain all risk management 4509 -08 5 110179 v3 9/27199 60C -22 reserves that have been set aside for such prior incidents. The Authority may contract with the County to receive risk management services on such terms as agreed to by the Authority and the County. Notwithstanding, the Authority acknowledges that it shall not be entitled to become a member of the County's self- insurance pool without the County's written consent. ARTICLE IV. FUNDING OF FIRE OPERATIONS 1. General Budget. Within sixty (60) days after the first meeting of the Board, a general budget for the first fiscal year shall be adopted by the vote of a majority of all of the Directors. The initial budget and each succeeding budget shall include, but not be limited to, the following: (a) the general administrative expenses, operating expenses and necessary reserves of the Authority to be incurred during the period covered by the budget; and (b) the allocation of costs among the members of the Authority in the amounts necessary to cover the budget items set out in 1. (a) above. Thereafter, at or prior to the last meeting of the Board for each fiscal year, a general budget shall be adopted for the ensuing fiscal year or years by a vote of at least a majority of all of the Directors of the Board. A written budget performance report shall be presented to the Board. 4509 -0s 16 110179 vs 9127199 60C -23 2. Expenditures for the Approved Budget. All expenditures within the designations and limitations of the approved general budget shall be made on the authorization of the Board for general budget expenditures without further action. No expenditures in excess of those budgeted shall be made without the approval of a majority of all of the Directors of the Board. 3. Contributions for Budgeted Amounts. A. Structural Fire Fund. County receives Structural Fire Fund ( "SFF ") from the unincorporated area and all member Cities except Stanton, Tustin, San Clemente, Buena Park, Placentia, Westminster and Seal Beach. On behalf of the cities receiving SFF, and the unincorporated area, County shall pay all SFF it receives to the Authority to meet budget expenses and fund reserves in accordance with the County's normal tax apportionment procedures pursuant to the California Revenue and Taxation Code and the County's tax apportionment schedules. B. Cash Contract Cities. As part of its annual budget process, the Authority shall determine amounts owing from cash contract Cities. Such amounts are due and payable within thirty (30) days of receipt of a billing therefor. Subject to the cap set forth in 3. E. below, the Authority shall make an adjustment in annual costs for its service to cash contract Cities to reflect the annual percentage change in the cost of fire system operations consistent with the cost calculation methodology in place on the Effective Date of the Authority, or the date they became members. Notwithstanding the 4509 -08 110179 A 17 9127199 60C -24 foregoing, the cost calculation methodology shall include the cost of any proportional share of any long term debt repayment obligations. C. Participation In Maintenance and Replacement Programs. In addition to the cost calculation methodology set forth in B. above, and subject to the cap set forth in E. below, cash contract Cities shall pay (i) the cost of participation in the Authority's facilities maintenance program as set forth in Article VI., Section 1. C., (ii) the cost of participation in the Authority's vehicle replacement/depreciation program as set forth in Article VI., Section 1. D., and (iii) the cost of participation in the Authority's equipment replacement/depreciation program as set forth in Article VI., Section 1. D. D. Responsibility For Capital Improvements. In addition to the cost calculated in B. and C. above, and irrespective of the cap in E. below, cash contract Cities shall be responsible for making Authority- required capital improvements to City - owned stations or facilities, as set forth in Article VI., Section 1. B. A capital improvement shall be any improvement or repair in excess of $15,000. E. Cap on Annual Adiustments. Except for the costs set forth in H. below and in Article VI., Section 1. B., no annual cost adjustment shall exceed three and a half percent (3.5 %) in fiscal years 2000 -2001 through 2004 -2005, and four percent (4 %) for the next five fiscal years, of the total charges for the preceding year. The determination of each city's annual adjustments shall be made as follows: 4509 -08 1 8 110179 v3 9/27/99 60C -25 (1) For Placentia Seal Beach Stanton and Tustin: (a.) The prior year's charge shall be adjusted by an amount which represents the percentage change in the cost of fire system operations as set forth in 3. B. above. (b.) Any difference between that amount and the amount of increase allowable under the applicable cap shall then be applied to the City's financial obligation under the Authority's facilities maintenance program. (c.) Any difference between the sum of those two amounts and the amount allowable under the applicable cap shall next be applied to the City's financial obligation under the Authority's equipment replacement/depreciation program. (d.) Any difference between the sum of those three amounts and the amount of increase allowable under the applicable cap shall then be applied to the City's financial obligation under the Authority's vehicle replacement/depreciation program. 4509 -08 1 9 110179 v3 9/27/99 60C -26 (2) For Buena Park San Clemente and Westminster: (a.) The prior year's charge, exclusive of vehicle replacement/depreciation costs, shall be adjusted by an amount which represents the percentage change in the cost of fire system operations as set forth in 3. B. above. (b.) Any difference between that amount and the amount of increase allowable under the applicable cap shall then be applied to the City's financial obligation under the Authority's facilities maintenance program. (c.) Any difference between the sum of those two amounts and the amount allowable under the applicable cap shall next be applied to the City's financial obligation under the Authority's equipment replacement/depreciation program. (d.) Effective July 1, 2000, said cities shall continue to participate in the Authority's vehicle replacement/depreciation program on the terms and conditions in effect June 30, 2000; provided however, that the amount of any subsequent adjustment to an immediately preceding year's vehicle replacement/depreciation charge, when added to the adjustments set forth in a., b. and c. above, shall not exceed the applicable cap on the total charges for the preceding year. 4509 -08 2 0 110179 v3 9/27/99 60C -27 F. Cost Basis For Next Year's Adiustment. The total annual adjustment, with the applicable cap set forth herein, shall constitute the basis for next year's annual adjustment. G. Expiration of Cap. Notwithstanding any other provision of this Agreement, the Board of Directors, by two- thirds vote of all Directors, may adopt a new cost calculation methodology and /or a new cap for cash contract Cities, and /or a different membership term for all members, pursuant to Article VII., Section 1. B., to be operative July 1, of the first year of the next succeeding term. Any such changes must be adopted by board action no later than July 1, of the last year of the then current term. H. New Resources To Cash Contract Cities. Notwithstanding the foregoing provisions, whenever new resources are committed to a cash contract City, the member shall pay the incremental company cost for such resources. The additional resources and increased cost shall not be implemented without consent of the member. I. John Wayne Airport. Service levels and charges therefore for aircraft rescue firefighting services to John Wayne Airport shall be agreed upon by the Authority and the member having fire service jurisdiction. J. Termination. Failure by any member to make payments when due constitutes grounds for expulsion from the Authority. Prior to expulsion, the Authority 4509 -08 21 110179 v3 9127/99 LO I 9� shall provide written notice of its intention to expel such member if payment is not received within thirty (30) days of the date of such notice. Repeated failure to make payments when due shall constitute grounds for expulsion and /or imposition of an Authority- determined late fee. Alternatively, or in addition to the remedies set forth herein, the Authority may bring legal action to collect unpaid amounts. 4. E uit . Annually after the conclusion of each fiscal year and consideration of the audited financial statements for that year, and after consideration of the Authority's financial needs, the Board of Directors in its sole discretion shall determine whether sufficient unencumbered funds from that fiscal year are available for additional services or resources to Structural Fire Fund members. In the event the Board determines that (1) such funds are available, (2) a distribution is warranted, and (3) that it is appropriate to do so, it shall allocate those funds, or any portion thereof, to a restricted Structural Fire Fund Entitlement fund, as follows: A. The Authority shall use the general methodology employed in Model 2A of the 1999 Final Report by the Davis Group regarding "Equity Issues Related to the Financing of OCFA Services" to determine the relative status of Structural Fire Fund members as follows: A base period comparison for each member of cost to serve, on the one hand, and Structural Fire Fund contributions and cash contract charges, on the other, will be established, taking into account, the three -year average of consumption, population and 4509 -08 22 110179 v3 9/27/99 60C -29 assessed valuation for the immediately preceding three fiscal years. Upon a two - thirds vote of all Directors representing Structural Fire Fund members, a different methodology may be used to determine the relative status of Structural Fire Fund members. B. The above - mentioned base period status of Structural Fire Fund members shall be compared to all members, without regard to the 10% variance factor in the Davis study. C. Those Structural Fire Fund members whose Structural Fire Fund revenues were greater than the cost to serve, based on the base period comparison in A. above, shall receive a pro rata allocation from the Entitlement fund, based on the relative amounts by which, respectively, those Structural Fire Fund revenues exceeded said cost to serve. In no event shall a Structural Fire Fund member receive allocations that exceed the average amount by which such revenues exceeded said cost to serve during the applicable base period. 4509 -08 2 3 110179 0 9127/99 60C -30 Allocations from the Entitlement fund may thereafter be used for Board - approved and Authority - related service or resource enhancements to such Structural Fire Fund members. No Structural Fire Fund member will be required to make additional payments for service on account of equity. No Structural Fire Fund member will be entitled to receive cash payments or reimbursements on account of equity. 5. Approval of Bonded Indebtedness. By a two- thirds vote of all members, the Authority may authorize the issuance of any long term bonded indebtedness. Any cash contract City that withdraws pursuant to Article VII. shall, after ceasing to be a member of the Authority, not be responsible for payment of its proportional share of any bonded indebtedness approved by the Authority. Short-term tax anticipation notes with a one -year (or shorter) term may be authorized by a majority vote of all of the directors of the Board. 6. Authority Cooperation. The Authority agrees to fully cooperate with each of the members in pursuing federal and state claims for emergency response reimbursements. 4509 -08 24 110179 v3 9/27/99 60C -31 ARTICLE V. ACCOUNTING AND AUDITS 1. Accounting Procedures. Full books and accounts shall be maintained for the Authority in accordance with practices established by, or consistent with, those utilized by the Controller of the State of California for like public entities. In particular, the Authority's auditor and treasurer shall comply strictly with requirements governing joint powers agencies, Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section 6500). 2. Audit. The records and accounts of the Authority shall be audited annually by an independent certified public accountant and copies of the audited financial reports, with the opinion of the independent certified public accountant, shall be filed with the County Auditor, the State Controller and each member within six (6) months of the end of the fiscal year under examination. ARTICLE VI. PROPERTY RIGHTS 1. Vehicles, Equipment, Facilities and Property. A. Ownership. Except as provided herein, all real and personal property, including but not limited to, facilities constructed, installed, acquired or leased by the Authority, apparatus and equipment, personnel and other records and any and all 4509 -08 110179 v3 25 9/27/99 60C -32 reserve funds shall be held in the name of the Authority for the benefit of the members of the Authority in accordance with the terms of this Agreement. Fire stations that are owned by Cities shall be leased to the Authority for one dollar ($1.00) per annum. B. Capital Improvements. Capital improvements to cash contract city - owned stations or facilities, within their jurisdictions, shall be the responsibility of each member. Such capital improvements may be required by the Authority upon a determination by the Authority, after good faith consultation with a member agency, that such improvements are needed to protect the health, safety or welfare of Authority employees or to maintain the station in a state of operational readiness. Capital improvements to stations owned by the Authority shall be the responsibility of the Authority. For cash contract Cities, the construction of new stations or facilities, within and primarily benefiting their jurisdictions, shall be the responsibility of each city. Such construction shall meet reasonable standards and specifications prescribed by the Fire Chief. C. Maintenance and Repairs. Each cash contract City shall make an initial payment to the Authority of $15,000 for each fire station within its jurisdiction for maintenance and repairs not included in the original cost calculation methodology. The Authority shall carry forward unspent amounts to the next fiscal year. At the beginning of each fiscal year, said cities shall pay the Authority an amount sufficient to bring its balance back to $15,000 for each such station. D. Equipment and Vehicle Replacement/Depreciation Programs. Cash contract Cities shall participate in funding the Authority's equipment and vehicle replacement/depreciation programs. Such programs shall be administered fairly and equitably by the Authority and in accordance with Generally Accepted Accounting Principles. 4509 -08 26 110179 v3 9/27/99 60C -33 2. Disposition of Assets Upon Termination. The Authority may vote to terminate this Agreement, or termination will occur if only one member is left in the Authority. If termination occurs, all surplus money and property of the Authority shall be conveyed or distributed to each member in proportion to all funds provided to the Authority by that member or by the County on behalf of that member during its membership, whether Structural Fire Fund or cash contract amounts. Each member shall execute any instruments of conveyance necessary to effectuate such distribution or transfer. In any such distribution, the amount of Structural Fire Fund derived from each incorporated or unincorporated city areas shall be considered as received from that member in the same manner as cash contract payments have contributed to surplus assets. 3. Liabilities. Except as otherwise provided herein, the debts, liabilities and obligations of the Authority shall be the debts, liabilities or obligations of the Authority alone and not of the parties of this Agreement. 4. Indemnification and Insurance. A. Except as provided in Article VI., Section 4. E. below, from and after the Effective Date, the Authority shall defend, indemnify and hold harmless the County and each of the Cities and their officers, employees, agents and representatives with respect to any loss, damage, injury, claim, demand, litigation or liability and all 4509 -08 27 110179 Q 9/27/99 60C -34 expenses and costs relating thereto (including attorneys' fees) arising out of or in any way related to the performance of services pursuant to this Agreement. B. Except as provided in Article VI., Section 4. E. below, from and after the Effective Date, the Authority shall defend, indemnify and hold harmless the County and each of the County's officers, employees, agents and representatives with respect to any loss, damage, injury, claim, demand, litigation or liability and all expenses and costs relating thereto (including attorneys' fees) arising out of or in any way related to any Fire Department contract or agreement assumed by or otherwise transferred to the Authority. C. Except as provided in Article VI., Section 4. E. below, from and after the Effective Date, the Authority shall defend, indemnify and hold harmless the County and each of the County's officers, employees, agents and representatives with respect to any loss, damage, injury, claim, demand, litigation or liability and all expenses and costs relating thereto (including attorneys' fees) arising out of or in any way related to any Fire Department asset to be transferred to the Authority, including but not limited to real property, personal property, equipment and apparatus. D. From and after the Effective Date, the Authority shall maintain during the term of this Agreement, workers' compensation insurance as required by law and, in addition, general comprehensive liability insurance in the minimum limit of 4509 -08 110179 v3 28 9/27/99 60C -35 $5,000,000 combined single limit per occurrence and annual aggregate. Each of the Authority members shall be named as an additional insured on the general comprehensive liability policy. Alternatively, the Authority may self - insure. Prior to the Effective Date, the Authority shall provide the County with certificates of insurance or proof of self- insurance evidencing the coverage referred to in this Section 4. D. Such insurance is a condition precedent to performance under this Agreement, and until the Authority obtains insurance as provided for in this Section 4. D., performance under this Agreement is excused and no member shall have any right against any other member in equity or law. E. From and after the Effective Date, the County shall defend, indemnify and hold harmless the Authority and each City member and their officers, employees, agents and representatives with respect to any loss, damage, injury, claim, demand, litigation or liability and all expenses and costs relating thereto (including attorneys' fees) arising out of the Fire Department's actions or omissions prior to the Effective Date hereof which are related to the provision of fire services or to the administration of Fire Department contracts, facilities, sites or assets, and which may include past, present or ongoing, or any future release of any hazardous material, hazardous substance or hazardous waste as defined under state and federal law or regulation. The Authority and the Cities agree that the County's obligations under this Section 4. E. shall only apply to costs, losses, damage, injuries, claims, demands, 4509 -08 29 110179 v3 9/27/99 60C -36 litigation or liabilities for which a written claim has been received by the County prior to February 3, 2000. F. Notwithstanding Article VI., Section 4, the members agree that no immunity available to the County or the Cities under state or federal law or regulation shall be waived with respect to any third party claim. ARTICLE VII. WITHDRAWAL AND ADDITION OF MEMBERS 1. City Member Withdrawal. A. Initial Term. Cities shall be members of the Authority for an initial 10 -year term. For Structural Fire Fund cities, the initial 10 -year term shall begin on July 1, 2000 and end on June 30, 2010. For a cash contract City, the first 10 -year term shall begin on July 1, 2000, only upon the consent of such city. Cash contract Cities that do not give such approval by July 1, 2000 shall give notice of withdrawal to the Clerk of the Authority by July 1, 2000, to be effective July 1, 2001. Failure to provide such notice shall be deemed that city's consent to a 10 -year term, beginning July 1, 2000. Provided however, that the Cities of Stanton, Westminster and Buena Park may withdraw from the Authority by giving notice of withdrawal to the Clerk of the Authority by December 31, 2000, to be effective December 31, 2001. Failure to provide 4509 -08 30 110179 v3 9/27/99 60C -37 such notice shall be deemed that city's consent to a 10 -year term beginning July 1, 2000. Notwithstanding the foregoing paragraph, those three cities shall give notice of their respective intentions within thirty (30) days of completion of any study undertaken to consider creation of any alternative fire service organization. Notwithstanding Article IX., Section 4., this Agreement shall not be amended prior to December 31, 2000. No Authority time or funds shall be spent negotiating service levels with those three cities prior to such city's decision to remain members of the Authority. B. Subsequent Terms. Membership terms shall automatically renew, on the same terms and conditions as the prior term, and with the same cap in effect in the last year of the prior term, except under the following circumstances: (1) Any city may give notice of withdrawal by transmitting written notice of such withdrawal to the clerk of the Authority prior to July 1 of the second to last year of any term. (2) If the Board, by two- thirds vote of all Directors, adopts a new cost calculation methodology and /or a new cap for cash contract Cities, pursuant to Article IV., Section 3. G., then those cities shall have until June 30 of the last year of the 4509 -08 110179 v3 31 9/27/99 L. 1 then current term to give written notice to the clerk of the Authority of their intent to renew. (3) If the Board, by two- thirds vote of all Directors, adopts a different minimum membership term pursuant to Article IV., Section 3. G., then cities shall have until June 30 of the last year of the then current term to give written notice to the clerk of the Authority of their intent to renew. Cities that do not give the notice required by B. (2) and (3) above shall be deemed to have elected to withdraw, effective June 30 of the first year of the next succeeding term. Until the effective date of withdrawal, such cities shall be governed by the changes adopted by the Board. C. Removal From Board After Notice of Withdrawal. In the event a notice of withdrawal is given by a city, or deemed to have been given, that city's representative shall be removed from the Board of Directors. D. Rescission of Notice. Any notices required hereunder may be rescinded by the member with approval of the Board of Directors. 4509 -08 110179 0 32 9/27/99 60C -39 E. Property Tax Transfer Negotiations. Withdrawal by a Structural Fire Fund city may be subject to property tax transfer negotiations and such additional notices as required by applicable law. 2. Addition of New City Members. Notwithstanding any other provisions herein, a non - member City may join the Authority upon consent of a majority of all of the Directors of the Board and agreement to terms and conditions determined by the Board, which terms and conditions may vary from those set forth in this Agreement. A new City member may be required to transfer to the Authority its fire facilities and assets or to reimburse the Authority for a proportionate share of facilities which the new City will utilize. As a condition of membership, a city may also be required to accept responsibility for a proportion of the debts, obligations, and liabilities of the Authority from its transferred facilities, to the extent agreed upon by the Authority and the new member at the time of membership. The Authority Board may determine to waive all or part of such contribution requirements in return for an offsetting transfer of the new member's fire facilities and assets to the Authority. 3. Withdrawal of County. County shall be a member of the Authority for an initial 10 -year term beginning on July 1, 2000 and ending June 30, 2010. Said term shall automatically renew for successive terms in accordance with and subject to the same provisions and exceptions applicable to cities in Section 1. B. and C. In the event of withdrawal, the County shall remain liable for payment of the Structural Fire Fund's 4509 -08 110179 v3 33 9/27/99 60C -40 proportional share of any bonded indebtedness of the Authority incurred prior to the date of its withdrawal. 4. Property of Withdrawing Members. Any withdrawing member may negotiate with the Authority for return or repurchase of any and all stations and equipment serving that member's jurisdiction. ARTICLE VIII. TRANSITION TO AUTHORITY The cities and County shall designate a transition team to implement the transfer of assets and liabilities hereunder, to prepare for the Authority's organizational meeting, and to direct the transition of administrative services from the County to the Authority. ARTICLE IX. NOTICE OF AGREEMENT 1. Initial Notice. Upon the Effective Date of this Agreement, the Authority shall timely file with the Orange County Clerk and the Office of the Secretary of State the information required by Government Code Sections 6503.5 and 53051. 4509 -08 110179 v3 34 9/27/99 60C -41 2. Additional Notices. Upon any amendments to this Agreement, the Authority shall prepare and timely file with the Orange County Clerk and the Office of the Secretary of State the information required by Government Code Sections 6503.5 and 53051. 3. Notice to Members. Notice to members shall be deemed given when mailed to them, first class, postage prepaid, or faxed to the address /or fax number set out by their signatures. 4. Amendment. This Agreement may not be amended or modified except by a vote of two - thirds of all of the members; provided however, that no amendment shall change the cap, the cost calculation methodology or the length of a term, during the pendency of any term. This Agreement represents the sole and entire agreement between the parties and supersedes all prior agreements, negotiations and discussions between the parties hereto and /or their respective counsel with respect to the subject matter of this Agreement. 5. Headings. The headings in this Agreement are for convenience only and are not to be construed as modifying or explaining the language in the section referred to. 4509 -0a 35 110179 v3 9/27/99 60C -42 6. Severability. Should any part, term, or provision of this Agreement be determined by a court to be illegal or unenforceable, the remaining portions or provisions of this Agreement shall nevertheless be carried into effect. 7. No Continuing Waiver. No waiver of any term or condition of this Agreement shall be considered a continuing waiver thereof. 8. Successors. This Agreement shall inure to the benefit of and be binding upon any successors or assigns of the members. No member may assign any right or obligation hereunder without the written consent of a majority of all of the Directors of the Board. 9. No Third Party Beneficiary. The members agree that except as provided in Article IX., Section 8 above, the provisions of this Agreement are not intended to directly benefit, and shall not be enforceable by, any person or entity not a party to this Agreement. 4509 -08 110179 v3 36 9/27/99 60C -43 Dated: ATTEST: City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 90702 Phone: (714) 647 -5200 Fax: (714) 647 -6954 APPROVED AS TO FORM: City Attorney I� 60C -44 FIRST AMENDMENT TO AMENDED JOINT POWERS AUTHORITY AGREEMENT ORANGE COUNTY FIRE AUTHORITY This First Amendment ( "Amendment ") to the Amended Joint Powers Authority Agreement (herein referred to as "Agreement "), effective July 1, 2010, is made and entered into by and between the following public entities (collectively referred to as "members "): Aliso Viejo, Buena Park, Cypress, Dana Point, Irvine, La Palma, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda (collectively referred to as "Cities ") and the County of Orange (referred to as the "County "), each of whom is a member of the Joint Powers Authority, Orange County Fire Authority ( "Authority "). RECITALS WHEREAS, the Authority presently provides fire protection, prevention and suppression services and related and incidental services to Cities as well as to the unincorporated area of the County and State Responsibility Areas ( "SRA "); and WHEREAS, the County and Cities had entered into a Joint Powers Authority Agreement to form the Authority as of February 3, 1995 pursuant to the provisions of 1 554584,1 60C -45 Article 1, Chapter 5, Division 7, Title I (commencing with Section 6500) of the Government Code of the State of California; and WHEREAS, on September 23, 1999, the members entered into an amended Joint Powers Authority Agreement ( "1999 Amended Agreement') which superseded all prior agreements between the parties and is incorporated herein by reference; and WHEREAS, the members wish to amend the 1999 Amended Agreement as set forth below and extend all other unamended terms of said Agreement. NOW THEREFORE, the members agree to amend the 1999 Amended Agreement as follows: AGREEMENT 1. Article IV, Sections 3.B., C. and E. are amended to read as follows: "B. Cash Contract Cities. As part of its annual budget process, the Authority shall determine the amounts owing from cash contract Cities. This amount shall be referred to as the "Service Charge." It shall consist solely of the annual cost for operational services (i.e., General Fund costs) consistent with the cost calculation methodology in place on the Effective Date of the Authority, or such later date as a cash contract City became a member, and will include the annual percentage change in the 2 554584 1 L6 1 � 6" cost of fire system operations. This amount shall be subject to the cap set forth in 3.E. below. The Service Charge shall not include any of the following: (1) the amortized installments of the 2010 Shortfall set forth and defined in Article IV, Section 3.B.; (2) facilities maintenance costs, as defined in Article VI, Section 1.C.; (3) vehicle replacement costs, as defined in Article VI, Section 1.D.; and (4) the Five -Year Shortfall in excess of seven and one half percent (7.5 %) owed by any City as set forth in Article IV, Section 3.17. only in the first year that such payment is owed. Notwithstanding the foregoing, the cost calculation methodology shall include the cost of any proportional share of any long term debt repayment obligations. Cash contract Cities shall be billed quarterly and in arrears for services after services have been performed and such amounts are due and payable within thirty (30) days from receipt of a billing therefor. Additionally and irrespective of the cap set forth in Article IV, Section 3.E., each cash contract City shall pay the "2010 Shortfall." The "2010 Shortfall" is the difference between the actual Authority cost of operational services to the respective cash contract City for fiscal year 2009/2010 and the capped cost of those services. Beginning July 1, 2010, each cash contract City shall pay its 2010 Shortfall by means of equal quarterly payments that will be amortized over the period of July 1, 2010 to June 30, 2020. C. Participation in Maintenance and Replacement Programs. In addition to the cost calculation methodology set forth in Section B. above, and irrespective of the cap set forth in E. below, cash contract Cities shall pay (1) the cost of participation in the Authority's facilities maintenance program as set forth in Article VI, 3 554584 1 60C -47 Section 1.C., and (2) the cost of participation in the Authority's vehicle replacement / depreciation program as set forth in Article VI, Section 1.D. E. Cap on Annual Adjustments. Except for the costs excluded from the Service Charge as set forth in Article IV, Section 3.B, and the costs set forth in Article IV, Section 3.1-1. and Article VI, Section 1.B., no annual cost adjustment to the Service Charge shall exceed four and one half percent (4.5 %) of the annual cost for operational services provided to the City for the preceding year. In any year in which the actual cost increase for operational services exceeds four and one half percent (4.5 %), the excess amount shall be recorded (i.e., banked) and paid in a subsequent year in which the Service Charge cost adjustment is less than the four and one half percent (4.5 %) cap. If only a portion of this excess amount can be paid in one year while remaining under the four and one half percent (4.5 %) cap for that year, the remainder shall be carried over from year to year until it is paid in its entirety." 2. Article IV, Sections 3.E.(1) and (2) are deleted. 3. Article IV, Section 3. F. shall be replaced with the following: "F. Modifications to the Service Charge. Beginning with fiscal year 2014/2015, and every five years thereafter, data will be compiled to review the actual 4 554,94.1 LO ' � 9� Authority cost for operational services for that fiscal year compared to the capped Service Charge for each cash contract City for that year. The difference between these amounts shall be referred to as the "Five -Year Shortfall." The data will be reviewed and analyzed jointly by the City Managers' Technical Advisory Committee and City Managers' Budget & Finance Committee to confirm the amount of the Five -Year Shortfall, if any, and to determine whether that amount has exceeded the percentage thresholds set forth below which would in turn trigger an adjustment of the Service Charge. If, after reviewing the data which has been compiled, the joint Committees and the Authority cannot agree on the calculations or the data used to calculate the amount of the Five -Year Shortfall, the Authority reserves the right to retain an independent auditor to review the calculations and data. The independent auditor's results as to the calculated amount of the Five -Year Shortfall shall be final and binding. Modifications to the Service Charge, if any, shall be as follows. If the Five- Year Shortfall is less than seven and one half percent (7.5 %) of the actual annual Authority costs, for a cash contract City, no additional amounts shall be owed by the City. If any Five -Year Shortfall exceeds seven and one half percent (7.5 %), a cash contract City shall pay for the portion of the shortfall necessary to reduce the shortfall below seven and one half percent (7.5 %). If the Five -Year Shortfall is between seven and one half percent (7.5 %) and fifteen percent (15 %), the amount shall be paid in its entirety in the following fiscal year. If the Five -Year Shortfall is more than fifteen percent (15 %), that amount shall be paid through equal amortized installments over the subsequent five year period. Payment of the Five -Year Shortfall in excess of seven and 5 554584.1 L• , J • one half percent (7.5 %) shall be excluded from the Service Charge only in the first year in which such payment is owed. The calculated Five -Year Shortfall amount paid shall be added to the Service Charge in the subsequent years." 4. Article 1V, Section 4.D. shall be added to read as follows: "D. Notwithstanding the foregoing, 50 percent of any unencumbered funds, as determined by the annual audited financial statements, shall be allocated to the Structural Fire Fund Entitlement Fund at every ten year interval beginning with fiscal year 2010/2011, unless it is determined by unanimous vote of the Directors representing structural fire fund members that a fiscal hardship would thereby result. Those monies shall be distributed in a manner consistent with the methodologies, criteria and purposes described in this Section 4.A, through 4.C. above. In the event of a finding of fiscal hardship, the 50 percent allocation shall be made during the subsequent fiscal year unless another finding of fiscal hardship is determined as described above." 5. Article Vl, Section 1. C. is amended to read as fol lows: "C. Maintenance and Repairs. Each cash contract City shall make an initial payment to the Authority of $15,000 for each fire station within its jurisdiction for maintenance and repairs. The Authority shall carry forward unspent amounts to the next fiscal year. At the beginning of the fiscal year, said cities shall pay the Authority an ssassa 1 6 60C -50 amount sufficient to bring its balance back to $15,000 for such station (referred to below as the "Station's $15,000 Maintenance Account ") procedure: (1) Funds shall be expended in accordance with the following (a) Minor maintenance or repairs costing less than $1,000 are funded through the cash contract City's base Service Charge and, therefore, shall be paid by the Authority out of its General Fund. These repairs will not be charged to the Station's $15,000 Maintenance Account. (b) Maintenance, repair, alteration, or improvement projects greater than $1,000 but less than the remaining balance in the Station's $15,000 Maintenance Account shall be paid from the Station's Maintenance Account. (c) Maintenance, repair, alteration, or improvement projects exceeding the remaining balance in the Station's $15,000 Maintenance Account are considered capital improvements and additional funding that is necessary to pay for such improvements shall be the responsibility of the City. (2) At its discretion, a cash contract City with multiple fire stations may allocate all or a portion of the balance of one Station's $15,000 Maintenance Account to another station within the City provided the balance of each station be restored to $15,000 at the beginning of the following fiscal year." 7 554584 1 60C -51 6. Article VII, Sections I.A. and B. are amended to read as follows: "A. Term. Cities shall be members of the Authority for a 20 -year term commencing July 1, 2010. For Structural Fire Fund cities, the initial 20 -year term shall begin on July 1, 2010 and end on June 30, 2030. For a cash contract City, the first 20- year term shall begin on July 1, 2010, only upon the consent of such city. Cash contract Cities that do not give such approval by June 30, 2010 shall give notice of withdrawal to the Clerk of the Authority by June 30, 2010, to be effective July 1, 2010. Failure to provide such notice shall be deemed that City's consent to a 20 -year term, beginning July 1, 2010 subject to the ability to withdraw after the first ten years as set forth in Section B. below. B. Subsequent Terms. Twenty -year membership terms shall automatically renew, on the same terms and conditions as the prior term, and with the same cap in effect in the last year of the prior term, except under the following circumstances: (1) Any city may give notice of withdrawal by transmitting written notice of such withdrawal to the Clerk of the Authority prior to July 1 of the second to last year of every ten -year interval of a twenty -year term (e.g., for the first ten -year interval, notice must be given by July 1, 2018 to withdraw by June 30, 2020). 7. Article Vll, Section 1. F. shall be added to read as follows: 8 554584.1 60C -52 T. Negotiation of Terms Upon Notice of Withdrawal. Upon providing notice of withdrawal, a cash contract City may negotiate with the Authority regarding modifications to its payment obligation. If the City and the Authority are unable to reach agreement regarding modified payment terms, the balance of any shortfall that may have accumulated during a City's ten -year period of membership shall be paid upon withdrawal." 8. Article Vll, Section 3 is amended to read as follows: "3. Withdrawal of County. County shall be a member of the Authority for a term of twenty years beginning on July 1, 2010 and continuing to June 30, 2030. Said term shall automatically renew for successive terms in accordance with and subject to the same provisions and exceptions applicable to Cities in Section 1.13. and C. In the event of withdrawal, the County shall remain liable for payment of the Structural Fire Fund's proportional share of any bonded indebtedness of the Authority incurred prior to the date of its withdrawal." 9. All terms and conditions contained in this Amendment are incorporated by this reference into the Agreement. This Amendment modifies the Agreement only as expressly set forth above. This Amendment does not modify, alter, or amend the Agreement in any other way whatsoever. 9 554584.1 60C -53 Dated: ATTEST: Maria Huizar City Clerk NOTICE TO CITY TO BE GIVEN TO: City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 90702 Phone: (714) 647 -5200 Fax: (714) 647 -6954 APPROVED AS TO FORM: in City Attorney CITY OF SANTA ANA 2 Paul M. Walters Interim City Manager 60C -54 SANTA ANA FIRE SERVICES AND EMERGENCY MEDICAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of 2012, by and between the ORANGE COUNTY FIRE AUTHORITY, a Joint Powers Authority ( "OCFA'), and the CITY OF SANTA ANA, a municipal corporation and charter city in the County of Orange ( "CITY ".) RECITALS A. CITY is located wholly within the County of Orange. B. CITY is legally obligated to provide fire protection services within its boundaries. C. OCFA is the successor entity to the County of Orange Fire Department and CITY has chosen to be a member of and contract with the OCFA for the provision of fire protection services within CITY's boundaries. NOW, THEREFORE. In consideration of the mutual promises contained herein, the Parties agree as follows: I. DEFINITIONS: As used in this Agreement: 1. "CITY" means the City of SANTA ANA. 2. "AUTHORITY" or "OCFA" means the Orange County Fire Authority. 3. "Division Chief' means the Division Chief supervising Division 6, or any successor Division. 4. "CITY Council" means the City Council of the CITY of SANTA ANA. 5. "CITY Manager" means the City Manager of the CITY of SANTA ANA. 6. "JPA Board" means the Board of Directors of the Orange County Fire Authority. 7. 'JPA Agreement" means the Amended Orange County Fire Authority Joint Powers Agreement dated September 23, 1999 as amended by the First Amendment to the Amended Joint Powers Agreement dated July 1, 2010, and any subsequent amendments hereafter approved as authorized therein. 8. "Fire Chief' means the chief executive officer of the Orange County Fire Authority. 9. "Fiscal Year" means the annual period commencing on July 1st and ending June 30th. 10. "MOU" means the Memoranda of Understanding between the OCFA and (a) International Association of Firefighters Local 3631 (the Orange County Professional Firefighters Association); (b) the OCFA Chief Officers Association; and (c) the Orange County Employees Association, as they exist on the effective date of this Agreement and as they may, from time to time, be amended or suspended. 11. "Division" means an area that identifies a specific geographical boundary that can include multiple fire suppression battalions and/or cities. 12. "Fire Battalion Chief" means an individual who supervises a battalion or an Orange County Fire Authority section, (e.g., Training Section). 13. "Battalion" means an area that identifies a specific geographical boundary that includes multiple stations and/or cities. Page 1 828042.3 60C -55 II. MEMBERSHIP: CITY shall be a member of OCFA and shall be subject to all the provisions, conditions, benefits, obligations and liabilities set forth in the JPA Agreement, as that Agreement may be further amended from time to time, unless otherwise provided herein. CITY shall have one representative on the JPA Board. III. GENERAL SCOPE: 1. OCFA shall provide to CITY fire suppression, fire prevention, fire investigation, emergency medical, rescue and related services, hazardous materials response, hazardous materials disclosure, and community safety and education Services (collectively "fire services "). Services provided exclude weed abatement services. 2. The effective date in which OCFA will begin providing services to CITY is planned for April 20, 2012; however, in the event additional time is needed to obtain final approval of the transition, the effective date may be modified by mutual agreement of CITY and OCFA. The intent is that the effective date be scheduled approximately 60 days after final approval of the transition. 3. The level of service provided shall be the same as the general level of similar services provided by OCFA elsewhere within its boundaries. Specific service criteria are set forth in Attachment "A" to this Agreement, and incorporated herein as if fully set forth within the body of this Agreement. Any changes to such levels and method of service shall be determined by the Board of Directors and administered by the Fire Chief, who shall have direct control and supervision over the services provided pursuant to this Agreement, and who is hereby designated as the CITY Fire Chief and Fire Marshal. 4. The level of service provided shall be the same as the general level of similar services provided by OCFA elsewhere within its boundaries. Specific service criteria are set forth in Attachment "A" to this Agreement, and incorporated herein as if fully set forth within the body of this Agreement. Any changes to such levels and method of service shall be determined by the Board of Directors and administered by the Fire Chief, who shall have direct control and supervision over the services provided pursuant to this Agreement, and who is hereby designated as the CITY Fire Chief and Fire Marshal. 5. Fire suppression and emergency medical response stations located within or assigned to the CITY are set forth below and shall be the same as existed on the effective date of this Agreement. Prior to making any changes to assigned fire suppression and emergency medical response stations, the Fire Chief shall meet and confer with the CITY Manager. Any changes in fire suppression and emergency medical response service station assignments shall be set forth in a written Memorandum of Understanding ( "MOU ") between the Fire Chief and the CITY Manager. In the event of failure to reach agreement with the Fire Chief, the CITY shall have the right to appeal to OCFA's Board of Directors. 6. Subsection (3) above shall not restrict the OCFA Board of Directors from approving OCFA related service enhancements from the Structural Fire Fund Entitlement Fund. 7. Upon request, CITY shall adopt an ambulance ordinance, and take those steps and amend those agreements necessary to convert the status of SANTA ANA from a "Provider Agency" of the Orange County-City Hazardous. Materials Emergency Response Authority (OCCHMERA) to an "Orange County Fire Authority Member Agency" of the OCCHMERA. 8. The Division Chief assigned to the CITY, or his or her designee, shall attend CITY Council meetings, commission meetings and CITY staff meetings when requested by the CITY Manager and shall provide the CITY with any and all reports or documents pertaining to the CITY upon reasonable request by the CITY Manager. 9. Fire suppression and emergency medical response services shall be provided from the CITY locations stated below, which shall be redesignated as indicated: 828042.3 Page 2 60C -56 Location Old Designation New Designation 1029 W. 17th St. Station #1 Station #71 1688 E. 4th St. Station #2 Station #72 419 S. Franklin St. Station #3 Station #73 1427 S. Broadway St. Station #4 Station #74 120 W. Walnut St. Station #5 Station #75 950 W. MacArthur Ave. Station #6 Station #76 2317 S. Greenville St. Station #7 Station #77 501 N. Newhope St. Station #8 Station #78 1320 E. Warner Ave. Station #9 Station #79 2310 N. Old Grand St. Station #10 Station #70 IV. ADMINISTRATION: 1. In providing fire services, OCFA hereby is authorized to and may enforce applicable CITY codes and ordinances, collect and retain any and all Fire Prevention or Miscellaneous User fees (excluding paramedic user fees) as determined by OCFA, and file any claims or actions on behalf of CITY to recover and retain amounts for emergency and hazardous materials responses. 2. The OCFA Fire Chief hereby is designated as Fire Chief of CITY. 3. Personnel and equipment routinely assigned to provide services under this Agreement shall be assigned to Battalion 9. The Battalion Chief of Battalion 9 will exercise day -to -day operational responsibility within the CITY. 4. On activation of the CITY's Emergency Operations Center (EOC), the individuals designated by the CITY Manager and the Division Chief shall be detailed to assist in EOC operations and release of local resources may occur only after their evaluation of local conditions. V. LEASE OF APPARATUS: AUTHORITY hereby agrees to lease from CITY, and CITY hereby agrees to lease to OCFA, the following apparatus (the "specified apparatus "): 2005 CHEVROLET SUBURBAN 3GNGC26G65G201367 (#29500) 2005 CHEVROLET SUBURBAN 3GNGC26G95G201366 (#29501) 2005 ALF PUMPER 4Z3AAACG16RW36760 ( #29502) 2005 EMERGENCY HAZ MAT 4P1CCL01H85A005559 (#29518) 2007 FT /LINER PUMPER 1AFAAACG47RY24686 (#29523) 2010 SPARTAN GLADIATOR 4S7AT2P90AC072519 (#29539) 2010 SPARTAN GLADIATOR 4S7AT2P97AC072520 (#29540) 1988 LTI LADDER TRUCK 1D91D51J3J1008938 (#57567) 1994 SPARTAN TRUCK 4S7ET9M08SC015521 ( #58415) 1997 BME CUMS FIRE PUMP 4S7CT249XVCO24890 ( #58695) 1997 BME CUMS FIRE PUMP 4S7CT249XVCO24891 ( #58696) 2001 ALF /RESCUE SQURT 4Z3FAACG22RJ46943 ( #59318) 2002 FT /LINER ALF /PUMP 4Z3AAACG92RK16576 (#59365) 2004 ALF 100' AERIAL 4Z3AAACK34RN46401 ( #59520) 2004 ALF PUMPER 4Z3AAACGX5RU97758 ( #59533) 2004 ALF AIR/LIGHT 1FVACYDC65HU29297 ( #59534) 2007 CHEVROLET EX- PICK -UP 1GCCS19E878189701 (#59712) 2007 CHEVROLET EX- PICK -UP 1GCCS19EX78189831 (#59713) 2008 CHEVROLET COLORADO 1GCCS19E988170544 (#59799) 2008 CHEVROLET COLORADO 1GCCS19E488170919 (#59800) 2008 CHEVROLET COLORADO 1GCCS19EX881169936 ( #59802) 2008 CHEVROLET TRAILBLAZER 1GNDS13S382215152 (#59820) 2005 FORD F650 MASS DECON UNIT 3FRNW65Z77V448965 ( #29524) 1. The specified apparatus shall be delivered to the OCFA equipped as currently equipped by the CITY. OCFA will ensure that frontline emergency apparatus assigned within the CITY (including trucks, 828042.3 60C -57 Page 3 engines, and paramedic vans) will reflect the City of Santa Ana's seal, in addition to the OCFA's logo, along with wording to indicate that the apparatus is serving the City of Santa Ana. 2. For the specified apparatus, OCFA will lease from the CITY at no cost, the term of such lease shall commence concurrently with this Agreement, and the term of such lease shall terminate upon retirement of the apparatus from OCFA. 3. The specified apparatus shall be incorporated into the OCFA's established vehicle rotation and replacement programs (excluding the Mass Decon Unit), preventive maintenance programs, and will be enrolled in OCFA's vehicle insurance program. 4. Each fiscal year, commencing with fiscal year 2011/12, CITY shall pay to OCFA the CITY's share of the OCFA's vehicle replacement program. For fiscal year 2011/12, the annualized amount is $475,056. The prorated monthly amount of $39,588 is included in the costs of service set out in section VII below and is subject to annual increases. 5. For purposes of the vehicle replacement program, the following useful life assumptions apply: Useful Life: Suburban - 5 years or 120,000 miles Engine - 15 years or 120,000 miles Truck -17 years or 120,000 miles Paramedic Van - 4 years or 120,000 miles 6. Upon the effective date of any termination, the value of the funds paid by the CITY as its share of the vehicle replacement program shall be returned to the CITY in an amount no greater than the funds paid by the CITY, less actual costs incurred by the OCFA for the repair, maintenance, or replacement of the specified apparatus. The value, if positive, will be returned to the City in the form of returned apparatus, a refund of payments, or a combination of both. VI. LEASE OF FIRE STATIONS: 1. CITY shall lease to OCFA and OCFA shall lease from CITY the fire stations listed in Section III pursuant to the leases set out on Attachment C. This lease will have the same term as this Agreement and the rent will be one dollar ($1) per year per station. Upon the effective date of any termination, OCFA's lease- interest in the CITY's fire stations will terminate and the fire station facilities will be returned to CITY. 2. CITY will also provide OCFA with a $15,000 revolving maintenance expense account per fire station for appliance repair /replacement and other minor station repairs and improvements pursuant to the JPA Agreement. This amount is included in the costs of service set out in section VII below. VII. COST FOR SERVICE: Except as otherwise provided in this Agreement, all provisions in the JPA Agreement regarding the calculation and payment of Service Charges shall apply. To the extent of any conflict between the JPA Agreement and this Agreement, the terms set forth in this Agreement shall control with regard to the CITY. 1. CITY shall pay to OCFA the sum of $6,693,634 for Fire and Emergency Medical Services under this Agreement from April 20, 2012 until June 30, 2012. Payment shall be made as follows: a. by April 20, 2012- $1,100,422 b. by May 1, 2012 - $2,796,606 C. by June 1, 2012- $2,796,606 2. In a letter dated November 7, 2011 from the CITY Manager to the OCFA Fire Chief, the CITY requested a proposal from OCFA for the possible provision of Fire Protection and Emergency Medical Services. The amount paid by the CITY for the proposal ($75,000) has been applied to reduce the April 20, 2012 payment above from $1,175,422 to $1,100,422. 828042.3 LO I 9� Page 4 3. Except as otherwise expressly provided in this Agreement, all sums due to AUTHORITY from CITY shall be paid at the beginning of each calendar month, in advance. 4. On or before September 30, 2012, CITY shall either (a) obtain a bond, in form and substance acceptable to OCFA in its sole and absolute discretion, from a bonding company or insurer acceptable to OCFA in its sole and absolute discretion, in the amount of one full monthly payment for services rendered by OCFA under this Agreement (the "Bond "), or (b) establish an escrow account, naming OCFA as beneficiary and on terms and conditions acceptable to OCFA in its sole and absolute discretion, with an escrow agent acceptable to OCFA in its sole and absolute discretion and funded with cash in the amount of one full monthly payment for services rendered by OCFA under this Agreement (the "Escrow" and, collectively with the Bond, the "Security"). On or before July 1, 2013, and thereafter on or before July 1 of each succeeding year, CITY shall make payments sufficient to adjust the amount of the Security to equal the amount of one monthly payment for the final charges as established pursuant to Paragraph 5 of this Section VII, below. The Security shall serve as security for CITY's obligations under this Agreement. In the event that CITY defaults in any of such obligations, without in any way limiting any of OCFA's other rights and remedies, OCFA shall be entitled to collect upon the Bond or draw upon the Escrow, as applicable, in partial compensation for such default and in accordance with the terms of the documentation governing such Security. In the event that OCFA collects upon the Bond or draws upon the Escrow, CITY shall have a period of thirty (30) days to establish new Security in the amount and as set forth in the preceding Paragraph. If CITY fails to do so, OCFA shall have the right to terminate this Agreement upon written notice to CITY. On or after July 1, 2014, CITY may present information to the OCFA Board of Directors that the City's financial condition has improved such that the need for the Security has changed and that the requirement for the Security should be reduced, eliminated or modified as a result. The OCFA Board of Directors may, in its sole discretion, reduce, eliminate or otherwise modify the requirement of this Section VII. 4." 5. For each subsequent fiscal year covered by this Agreement, commencing with FY 2012/13, the Fire Chief shall notify the CITY Manager, in writing, of the estimated charges for providing the agreed services to CITY during the following fiscal year on or before March 1 of each year. Final charges for providing services to CITY during the following fiscal year will be provided, in writing, on or before May 1 of each year. CITY will pay such final charges, in monthly installments, at the beginning of each month, in advance. 6. The estimated costs and charges shall be determined pursuant to the JPA Agreement, including but not limited to Article IV, § 3B and Article VI of the JPA Agreement VIII.START -UP COSTS: 1. The parties agree that a sum, estimated not -to- exceed $1,580,439 is owing to OCFA by CITY for start-up costs, as specified in this Agreement. Those start -up costs are as follows: Communications /IT $843,727 Facilities 27,000 Personnel 220,764 Service Center 395,963 Fleet Services 92.985 TOTAL $1,580,439 2. OCFA agrees to amortize these one -time start-up costs over the first five years of this Agreement. OCFA will invoice CITY for the annual prorated amount of $316,088 with the first monthly invoice for each fiscal year for five years, commencing with FY 2012/13. The OCFA will track all costs relating to the start-up as the work is performed and those funds in excess to the amount listed above will be adjusted and, if already collected from CITY, reimbursed to the CITY upon conclusion of the transition. 828042.3 60C -59 Page 5 In the event of termination of this Agreement for any reason, and upon the effective date of the termination, the CITY shall immediately pay the full balance then remaining for the start-up costs adjusted as set forth herein. IX. PERSONNEL: 1. OCFA will offer employment effective 8:00 a.m., April 20, 2012 to the personnel employed by the CITY's fire department on the effective date of this Agreement, under the terms and conditions specified in Attachment "B" to this Agreement. Such offers are contingent upon those personnel who meet the minimum physical and medical standards for their designated positions in the OCFA, as determined by a physical examination conducted prior to the effective date of the Agreement. After 8:00 a.m., April 20, 2012, CITY shall not be liable for the payment of any wages or other compensation to any officer, employee, or agent of OCFA performing any services under this Agreement. CITY shall not be liable to any officer, employee, or agent of OCFA for any sickness or injury incurred by such person in the course of performing services under this Agreement. OCFA shall be solely responsible for all personnel actions relating to OCFA employees utilized in the performance of this Agreement. Those personnel who fail to meet the standards in the period prescribed solely because of injury or illness will be offered employment on the first occasion on which they meet the standards, but in no event shall they be offered employment after April 20, 2013. 2. Transitioning employees participate in a defined contribution plan or "Retiree Health Savings Plan" and are eligible for reimbursement benefits upon retirement as defined by the plan. X. WORKER'S COMPENSATION: To avoid the hazards, delays and risks of litigation, and to provide prompt and appropriate benefits to injured workers', the parties desire to establish a mechanism to determine their proportionate share of liability for all types of workers' compensation benefits which may become due to former employees of the Santa Ana fire department. 1. For any continuous trauma claim brought under the California Workers' Compensation law against OCFA by former employees of the CITY Fire Department, the Parties shall share liability in proportion to the period of time the former employee was employed by each agency. CITY agrees to indemnify and hold harmless OCFA for all workers' compensation and/or administrative costs incurred as a result of any such claim, of any nature or type whatsoever, to the extent of the proportion the period of time the former employee was employed by CITY bears to the total period of time the former employee was employed by both CITY and OCFA. 2. For any claim originally brought under the workers' compensation laws of California against CITY for which residual or ongoing benefits may be due, CITY shall indemnify and hold harmless OCFA for the cost of all such benefits, including any /all administrative costs, without reference to apportionment, and shall reimburse OCFA for the same to the extent paid by OCFA. Such indemnity, hold harmless, and reimbursement obligation shall specifically include, but is not limited to, costs of medical treatment, new and further disability, Labor Code section 4850 benefits, and any other benefits under the laws governing the California Workers' Compensation System. 3. For any specific injury claimed by former CITY Fire Department employees under the California Workers' Compensation laws, alleged to have occurred after the date of transfer of employment to OCFA, the OCFA shall bear the full cost of any workers' compensation benefit due, which is attributed solely and exclusively to such specific injury. 4. For any claim brought by former CITY fire Department employees arising under any presumption of injury arising out of the California Labor Code, regardless of the date such claim is filed, CITY shall indemnify and hold harmless OCFA for all workers' compensation benefits and /or administrative costs incurred, which may become due, based upon the proportionate respective percentage of employment as described in Section X.1. above. 828042.3 LO I e I J Page 6 5. The Parties expressly agree that the above indemnification and hold harmless obligations are contractual in nature and not based on any determination by the WCAB. 6. ARBITRATION: IN THE EVENT OF DISPUTES ARISING UNDER THIS SECTION X OF THE AGREEMENT, THE OCFA AND CITY AGREE SUCH DISPUTES SHALL BE DETERMINED EITHER BY AGREEMENT OF THE PARTY, OR IF EITHER PARTY DETERMINES THE DISPUTE CANNOT BE RESOLVED BY AGREEMENT, THEN BY BINDING ARBITRATION BEFORE AN INDIVIDUAL ARBITRATOR WITH EXPERTISE IN WORKER'S COMPENSATION ISSUES. SUCH ARBITRATOR SHALL BE SELECTED EITHER BY MUTUAL AGREEMENT OF THE PARTIES, OR FAILING THAT, BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICE (JAMS). THE COST OF THE ARBITRATION SHALL BE SHARED EQUALLY BY THE PARTIES. XI. INDEMNIFICATION: 1. OCFA shall defend, indemnify and hold harmless the CITY and its officers, employees, agents and representatives with respect to any loss, damage, injury, claim, demand, litigation or liability and all expenses and costs relating thereto (including attorneys fees) arising out of or in any way related to acts or omissions of OCFA, its officers, employees or agents in the performance of services pursuant to this Agreement. 2. CITY shall defend, indemnify and hold harmless OCFA and its officers, employees, agents and representatives with respect to any loss, damage, injury, claim, demand, litigation or liability and all expenses and costs relating thereto (including attorneys fees) arising out of or in any way related to acts or omissions of CITY, its officers, employees or agents. This Section 11.2 shall apply whether or not the incident or occurrence occurred prior to or after the effective date. 3. The provisions of this Section XI shall survive termination or expiration of this Agreement. 4. For purposes of this Section XI, the Fire Chief shall be deemed to be an officer, employee, agent and representative of OCFA, and not of CITY. XII. TERM AND TERMINATION: 1. This Agreement shall commence on the date first written above, provided the Agreement has been approved as required under the JPA Agreement and by the CITY Council. Delivery of services shall commence on April 20, 2012, or when this Agreement is approved, whichever is later. CITY may terminate this Agreement by giving written notice of withdrawal to the Clerk of the Authority prior to July 1 of the second to last year of every ten -year interval of the twenty -year term of the JPA Agreement (e.g. for the first ten -year interval, notice must be given by July 1, 2018 to withdrawal by June 30, 2020). OCFA may terminate this Agreement upon written notice to CITY in the event of non - payment or other default of the terms required herein or in the JPA Agreement. 2. Upon termination or expiration of this Agreement or other cessation of CITY's membership in OCFA, CITY agrees to pay OCFA the amount of the unfunded pension liability that had accrued during the term of this Agreement for the number of OCFA employees serving the CITY. In the event of any dispute regarding the amount of the unfunded pension liability at that time, the parties agree that the amount shall be determined by an independent actuary selected either by mutual agreement of the parties, or failing that, by the actuary used by the Orange County Employees Retirement System ( OCERS). The parties shall share any costs charged by the actuary for calculating such amount. The Parties shall agree to a payment schedule for such amount. If the parties are unable to agree upon a payment schedule, the amount shall be amortized so the CITY will pay down the full amount of the unfunded liability over a fifteen (15) year period assuming a rate of return assumed by OCERS as its return on its investments as of the date of termination. Payments pursuant to this Section shall be made by the CITY to OCFA. The provisions of this Section XII shall survive termination or expiration of this Agreement. XIII. ANNEXATIONS: In the event of any CITY annexation of territory within the Structural Fire Fund, the level of Structural Fire Fund and redevelopment revenues existing at the time of the annexation shall 828042.3 60C -61 Page 7 continue to pass through to OCFA as compensation for the services provided pursuant to the JPA Agreement, unless otherwise agreed to by the parties hereto. As used herein, "level of Structural Fire Fund and redevelopment" shall mean the amount of such revenues existing at the time of annexation, adjusted by any diminution or growth in value occurring thereafter. It is the intent of the parties that CITY annexations not have an adverse financial effect on OCFA. Annexations that do not result in additional OCFA service demand and, therefore require no additional OCFA resources, will not result in additional charges to CITY as a result of said annexation. XIV. EFFECTIVE DATE AND TERM: The effective date of the Agreement shall be 8:00 a.m., April 20, 2012 and unless terminated in accordance with the provisions herein and in the JPA Agreement, this Agreement shall remain in force for the same duration as the JPA Agreement, and as the JPA Agreement may be amended from time to time. XV. INDEPENDENT CONTRACTOR: CITY shall not be liable for the direct payment of any wages or other compensation of any officer, employee, or agent of OCFA performing any services under this Agreement. CITY shall not be liable to any officer, employee, or agent of OCFA for any sickness or injury incurred by such person in the course of performing services under this Agreement, except to the extent set forth in Section XI. OCFA shall be solely responsible for all personnel actions relating to OCFA employees utilized in the performance of this Agreement. The employees of OCFA shall not be deemed employees of CITY as a result of this Agreement, except as necessary pursuant to Penal Code Section 1463 et sea. for cities to obtain their statutory share of fire revenues. XVI. MISCELLANEOUS PROVISIONS: I. This agreement supersedes any prior agreements between OCFA and CITY. The CITY Manager and Fire Chief may enter into an MOU for operational issues. 2. This Agreement may be amended only in writing, in whole or in part, and signed by both parties. No waiver of any term or condition herein shall be a continuing waiver thereof. 3. This Agreement shall be interpreted in a manner complementary to the JPA Agreement, including the provisions which govem city member participation. In the event of an irreconcilable conflict between this Agreement and the JPA Agreement, this Agreement shall prevail. CITY OF SANTA ANA ORANGE COUNTY FIRE AUTHORITY By: City Mayor Attest: By: City Clerk Approved as to Form: By: City Attorney 828042.3 By: Mark Tettemer, Chair Attest: By: Sherry A. F. Wentz, CIVIC, Clerk of the Authority Approved as to Form: By: David Kendig, General Counsel 60C -62 Page 8 ATTACHMENT A SERVICE CRITERIA SERVICE LEVEL Management Committee The OCFA Fire Chief, executive management team, and management staff are committed to providing CITY with an effective and efficient level of service. The Division 6 Chief will be assigned to attend CITY Council and CITY management meetings requested by CITY Manager. A battalion chief will have the day - today operational responsibility within the CITY of Santa Ana. CITY will become part of the Battalion 9. Additionally, the OCFA management is committed to being responsive to CITY requests for participation in community activities and other such meetings and /or functions upon the request of the CITY manager or designated CITY staff. The OCFA will provide personnel to the CITY's EOC in the event of activation and work with the CITY to provide training as mutually agreeable between the OCFA Fire Chief or his representative and the CITY Manager. Emergency Response 1. Response Performance OCFA will utilize the Board of Directors' adopted standards of cover for response performance. OCFA monitors all of the standards and reports on performance to the City Manager on a quarterly basis. 2. Station Resources Station #71 Station #72 Station #73 Station 974 (Current Station #1) (Current Station #2) (Current Station #3) (Current Station #4) Medic Engine Medic Engine Medic Engine Medic Engine Medic Truck Division Chief Battalion Chief Station #75 Station #76 Station #77 Station #78 (Current Station #5) (Current Station #6) (Current Station #7) (Current Station #8) Medic Engine Quint Truck PAU Engine PAU Engine PAU Medic Truck Medic Van Medic Van Station 979 Station #70 (Current Station #9) (Current Station #10) Engine PAU Engine PAU OCFA will provide minimum staffing for front line emergency units as outlined in the firefighter MOU. Page 1 60C -63 The standard response for various types of calls will be as follows: Type of Call Standard Response Small vehicle, fence, power pole, or trash fire Large vehicle, (trucks) or grass fire All structural fires Medical aid or rescue call Traffic accident w /persons trapped One engine company Two engine companies and one battalion chief Three engine companies, one truck company, one paramedic unit, and one battalion chief The closest engine or truck company and one paramedic unit (back -up paramedic service will handle as many as five separate simultaneous emergencies) One engine company, one truck company, one paramedic unit, and one battalion chief Hazardous materials incident One engine, the hazardous materials unit, one truck company, one battalion chief, and additional units as required (i.e., additional engines, paramedics etc.) Public service calls Closest engine or truck company Second and each additional alarm Three engines, one truck company, one air utility unit, one additional battalion chief, and a division chief, and a Safety Officer High rise response Six engines, two trucks, two battalion chiefs, one division chief, one medic unit, one air utility unit, one safety officer, and one duty officer Cover assignments Any emergency of extended duration will result in an automatic move -up of equipment in accordance with the OCFA's move -up and cover plans 3. Move -up and Cover The move -up and cover program is designed to meet the response needs of the community by the movement of apparatus into critical areas based on the probability of emergency responses. Move -up and cover assignments shall occur in accordance with the OCFA's standard operating procedure. 4. Emergency Dispatch Authority will provide dispatchers who are trained in Emergency Medical Dispatch (EMD). Authority will maintain Mobile Data Terminals within fire department emergency apparatus capable of utilizing the Authority's Computer Aided Dispatch (CAD). Authority will maintain emergency service radio system that will have coverage of 99% of the CITY and have multiple channel capability for major incidents. Page 2 60C -64 FIRE PREVENTION OCFA will provide education and prevention services as follows: 1. Analyze fire data to identify fire risks and target populations. Develop and implement programs to address them utilizing "best practices ": education, engineering and/or enforcement. 2. Provide annual fire prevention inspections for identified occupancies. Provide fire protection and engineering consultation services to the CITY planning staff and commissions for tentative tract, parcel maps, and other land use proposals which may require fire department input, including fire department plan check and engineering review of specific risks (industrial, commercial, institutional, and applicable single and multi - family dwellings) for conformance with fire code requirements and state fire and life safety regulations, upon specific request. INCIDENT INVESTIGATION OCFA shall provide origin and cause investigative services on identified incident types reported to the fire department within the CITY. OCFA Fire Investigation Section shall be assigned to determine the cause of every major fire, fire fatality, or significant dollar loss. PUBLIC INFORMATION /EDUCATION OCFA will provide fire prevention and safety education programs to targeted schools, businesses, community associations, child -care providers, and other members of the community and will respond to information requests from the community. Community safety and education programs shall be provided, after consultation with the CITY manager, to educate targeted residents and businesses in order to help preserve life and property. HAZARDOUS MATERIALS RESPONSE The OCFA will provide hazardous materials response service to the CITY. The OCFA does not provide hazardous materials cleanup, removal, or disposal. The OCFA maintains a hazardous materials response capability, meeting the state standards for a Type I hazardous materials response team. EMERGENCY MEDICAL RESPONSE OCFA will provide emergency medical response services within the CITY. Ambulance service will be supervised by the OCFA. CITY will retain all revenues collected from existing paramedic subscription and ambulance transport program for medical responses within the CITY. The CITY will be responsible for the cost of the Ambulance Program. AUTOMATIC AID / MUTUAL AID OCFA will, immediately upon execution of this Agreement, commence negotiations for automatic aid agreements with those fire agencies that currently have automatic aid agreements with the CITY. GRANT ADMINISTRATION The OCFA will provide Grant Administration services for the City for grants relating to the provision of Fire and Emergency Medical Services. OCFA's Grant Administration services include the grant application process, approval process, and expenditure - management process, as well as ensuring compliance with reporting requirements. Page 3 60C -65 RESOURCE PLACEMENT ANALYSIS Based on service level need, the CITY and OCFA will evaluate and determine the service need for the following: 1. One CITY- funded Divisional Administrative Captain Option: This position is not currently included in the cost of service to the CITY; however, OCFA can add the position to the CITY's monthly invoice at the CITY's direction and agreement to fund the cost of the position. 2. CITY - funded Over-the-Counter Plan Check Services Option: This Over - the - Counter Plan Check option is not currently included in the cost of service to the CITY; however, OCFA can provide this optional service to CITY upon request. Upon City's direction and agreement, the optional service cost will be added to CITY's monthly invoice, based on the hours of dedicated over - the - counter services requested by CITY to maintain current service levels, billed at the hourly rate to backfill for OCFA's personnel. The position would provide the current level of service for over - the - counter plan review and project coordination located at the City's Planning and Building Agency. The position would accommodate over - the - counter plan review, complete limited plan submittals, attend development review meetings as prescribed by agenda, and other business related to fire prevention for the City of Santa Ana or OCFA. Upon future resource review, the position may transition to physically work at OCFA headquarters. 3. Response Performance for Configuration of Response Units: Following a two -year period, OCFA and the CITY will evaluate the response performance for the current configuration of response units in the CITY (excluding ambulance service, which may be reviewed sooner) and discuss the results of the analysis, including any recommendations from either party for modifications that are warranted. Resource modifications may be available with additional new partnering cities. Page 4 The following CITY Fire Department safety employees shall be offered employment by the OCFA at the rank and salary stated below. 1. Dave Thomas Division Chief TBD Jim Henery Battalion Chief TBD 2. Tony Espinoza Battalion Chief TBD Randy Black Battalion Chief TBD 1. Cuppies, Milton Fire Captain TBD 2. Soria, Roberto Fire Captain TBD 3. Oven, Tom Fire Captain TBD 4. Chedister, John Fire Captain TBD 5. Rivas, Thomas Fire Captain TBD 6. Ogren, Andrew Fire Captain TBD 7. Lee, Russell Fire Captain TBD 8. Eloe, Mark Fire Captain TBD 9. Snyder, Steve Fire Captain TBD 10. lhklerwood, Lawrence Fire Captain TBD 11. Petz, Mark Fire Captain TBD 12. VAlmovsky, Craig Fire Captain TBD 13. Lopez - Hidalgo, Arthur Fire Captain TBD U. Moreno, Stephen Fire Captain TBD 15. Homer, Stephen Fire Captain TBD 16. Johnson, Dean Fire Captain TBD 17. Tran holm, Christopher Fire Captain TBD 18. Caswell. Christian Fire Captain TBD 19. Moorh o use, Danny Fire Captain TBD �i 20. Gonzal ?Benito ez Fire Captain TBD 21. Tarbutton, Kenneth Fire Captain TBD 22. McDermott Mario Fire Captain TBD 23. Grant, Kirk Fire Captain TBD 24. Atencio, Dennis Fire Captain TBD 25. Lackey, William Fire Captain TBD 26. Mathews, Brian Fire Captain TBD 27. Flores, Mark Fire Captain TBD 28. Phoenbc, Brad Nlen Fire Captain TBD 29. Marquez, Grady Fire Captain TBD 30. McClelland, Tracy Fire Captain TBD 31. Parks, Daryl Fire Captain TBD 32. Salemo, Anthony Fine Captain TBD 33. Chumacero, Juan Fire Captain TBD 34. Rosselle, Pedro Fire Captain TBD 35. Mothers, John Fire Captain TBD 36. Vier, David Fire Captain TBD 37. Muir, Jon Fire Captain TBD 38. Anderson, Bret Fire Captain TBD 39. Rene Paquin Fire Captain TBD (optlarrsr «� 60C -67 1. Amends, Gerald Fire Apparatus Engineer TBD 2. Timoti, John Fire Apparatus Engineer TBD 3. McHugh, Patrick Fire Apparatus Engineer TBD 4. Franco, Jose Fire Apparatus Engineer TBD 5. Adam, Victor Fire Apparatus Engineer TBD 6. Estrada, Augustine Fire Apparatus Engineer TBD 7. Lopez, David Fire Apparatus Engineer TBD S. Suarez, Antonio Fire Apparatus Engineer TBD 9. Belies, John Fire Apparatus Engineer TBD 10. Lacy, Robert Fire Apparatus Engineer TBD 11. Hay, Brian Fire Apparatus Engineer TBD 12. Manning, John Fire Apparatus Engineer TBD 13, Avina, Sergio Fire Apparatus Engineer TBD 14. Barnard, Robert Fire Apparatus Engineer TBD 15. Townley, Thomas Fire Apparatus Engineer TBD 15. Edelman, Lenny Fire Apparatus Engineer TBD 17. Rubio, Christopher Fire Apparatus Engineer TBD 18. C *W, Aaron Fire Apparatus Engineer TBD 19. Fernandez, Luis Fire Apparatus Engineer TBD 20. Tivenan, Michael Fire Apparatus Engineer TBD 21. Medrano, Eddie Fire Apparatus Engineer TBD 22. Polesant, Timothy Fire Apparatus Engineer TBD 23. Hall, Albert Fire Apparatus Engineer TBO 24. Grindie, Guy Fire Apparatus Engineer TBD 25. Luis, Alfonso Fire Apparatus Engineer TBD 26. Gammon, John Fire Apparatus Engineer TBD 27. Aguilar, Richard Fire Apparatus Engineer TBD 28. Gonzalez, Joseph Fire Apparatus Engineer TBD 29. Pearson, Dennis Fire Apparatus Engineer TBD 30. Biering, Derek Fire Apparatus Engineer TBD 31. Johannessen, Oddsverr Fire Apparatus Engineer TBD 32. Berger, Matthew Fire Apparatus Engineer TBD 33. Granied, Christopher Fire Apparatus Engineer TBD 34. Pamnenter, Wayne Fire Apparatus Engineer TBD 35. Heredia, Joseph Fire Apparatus Engineer TBD 36. Gross, Michael Fire Apparatus Engineer TBD 1. Mahaffey, Herbert Firefighter TBD 2. Castro, Ronald Firefighter TBD 3. Morgan, Jeffrey Firefghter TBD 4. Leftige, Ronald Firefighter TBD 5. Garda, Russell Firefighter TBD 6. Castro, Fernando Firefighter TBD 7. Mosqueds, Edward Firefighter TBD 8. Forrester, David Firefighter TBD 9. Femberg, Mark Firefighter TBD 10. Melton, Jaynes Firefighter TBD 11. Yberre, Jaynes Firefighter TBD 12. Dasher, Albert Firefighter TBD 13. Sahm, John Firefighter TBD 14. Casson, Nicholas Firefighter TBD 15. Alba, Michael Firefighter TBD 16. Garda, Jose Firefighter TBD 17. Marinello, Dennis Firefighter TBD 18. Spitler, Richard Firefighter TBD 19. Kron, Kevin Firefighter TBD LO I e 00 " 20. Bento, Jay Firefighter TBD 21. Robertson, James Firefighter TBD 22. Dotln, Glenn Firefighter TBD 23. Ciracto, Christopher Firefighter TBD 24. Richardson, Robert Firefighter TBD 25. Solomon, Steven Firefighter TBD 26. Hopp, Brian Firefighter TBD 27. Van, Alemxler Firefighter TBD 28. Laraan, James Firefighter TBD 29. Trattrier, Harry Firefighter TBD 30. Rollie, Christopher Firefighter TBD 31. Castro, John Firefighter TBD 32. Lanzrw, Lewis Firefighter TBD 33. leas, Joseph Firefighter TBD 34. Bodo, John Firefighter TBD 35. Carrers, Robert Firefighter TBD 36. Starting, William Firefighter TBD 37. Huerta, Carlos 1- Firefighter TBD 38. Hencke, Willie Firefighter TBD 39. Ochoe, Francisco Firefighter TBD 40. Novak, Michael Firefighter TBD 41. Urzue, Christian Firefighter TBD 42. Cioughen, John Firelighter TBD 43. Lars, Ronald Firefighter TBD 44. Critchfield, Michael Firefighter TBD 45. Little, Brian Firefighter TBD 46. Summers, Michael Fke%hter TBD 47. Monreai, Manuel Faefighter TBD 48. Castro, James Firefighter TBD 49. Vargas, Jorge Firefighter TBD 50. Defrfes, Trent Firefighter TBD 51. Amore, Anthony Firefighter TBD 52. Roseman, Cameron Prefghter TBD 53. Muro, Netzher Firefighter TBD 54. Sandford, Richart Firefighter TBD 55. Gonzales, Angel Firefighter TBD 58. Medina, Octavio Firefighter TBD 57. Humphrey, Ryan Firefighter TBD 58. Acosta, Candice Firefighter TBD 59. Clevenger, Donald Firefighter TBD W. Teed, Chris Firefighter TBD 61, Baptista, Joshua Firefighter TBD 62. Sakiana, Dion Firefighter TBD 63. Taylor, Ryan Firefighter TBD 54. Robles, Jorge Firefighter TBD 65. Sandlin, Brian Firefighter TBD 66, Hernandez, Pariet Firefighter TBD 67. Medina, Levi Firefighter TBD 68. Soria, Gaspar Firefighter TBD 69. Monville, Sean Firefighter TBD 70. Chamberlain, Brian Firefighter TBD 71. Evans, Taylor Firefighter TBD 72. Gomez, Gabriel Firefighter TBD �L�Ltt il•t_1i:.t.: _.'1__ [ �[...df.'.1 t �• � 1t :.t [♦ •..t1:_ i' �..11: ► 1 't mil- '.. i, t ���' 1. Ortiz, Pedro Firefighter TED 2. Smith. Robert Firefighter TBD 3. Falrchfid, Jason Firefighter TED 4. Woods, Brian Firefighter TBD 5. While, Eric Firefighter TBD 6. Mayo, Brad Firefighter TBD 7. Maresh, Matthew Firefighter TBD 8. Bear, Bryan Firefighter TED 9. De Leon, Michael Firelighter TBD 10. Nguyen, Thone Firefighter TED 11. Lopez, Jahn Firefighter TBD 12. Vazquez, Andres Firefighter TBD 13. Carletta, Lewis Firefighter TED 14. Espinoza, Victor Firefighter TBD 15. Miranda, Erik Firefighter TED 16. Titel, Daniel Firefighter TBD 17. Poll, Ethan Firefighter TED 18. Roel, Erick Firelighter TBD 19. Raygoza, Salvador Firefighter TBD 20. HansinK Joshua Firefighter TED 21. Maldonado, Miguel Firefighter TBD 22. Kkeating, Kenneth Firefighter TBD 23. Aguirre, Jose Firefighter TBD 24. Park, Jae Firefighter TBD 25. Moyer, Tyler Firefighter TBD 26. Ruelas, Enrique Firefighter TBD 27. Vu, Khoa (Tony) Firefighter TED 28. Ruiz, George Firefighter TBD 29. Jimenez, Rodrigo Firefighter TBD 30. Laura, Rommel Firefighter TED 31. Lopez, Jorge Firefighter TBD 32. Martinez, Obet Firelighter TED 33. Carrasco, Matthew Firefighter TBD 34. Swabia, Rodotfo Firefighter TBD 35. Osodo, Juan Carlos Firefighter TBD 36. Pahissa Jonathan 2-71 4.0cank 40. 41. vast Firefighter Rre#ShWF TED Wa r w[w efigMer n!a " n/a Firefighter n/a • *OasWn to be pW~ X the opftWAdAW DMWon Ceptein is not uftod by tM OW 60C -70 The folloariny CITY Fire Department non - safety employees shall be o?tered employment by the OCFA at the position and salary step staled below. • 7al• i i it i. °!. i _ •, i$1 •i1 1. Smith, Lori Assistant Fire Marshal TBD 2. NOW Fire Prevention Analyst TBD 3. Note" Senior Fire Prevention Specialist TBD 4. Living", James Senior Fire Prevention Speciaiist TBD 5. Feierabend, Karl Senior Fire Prevention Specialist TBD 6. Thompson, Kristen Senior Fire Prevention Specialist TBD 7. Jennifer Talon Office Services Sped" TBD 8. Rossiinds Mendoza - Gonzalez Administrative Assistant TBD 9. Cooper, Dawns Nurse Educator TBD 10. Laser, Amanda Fire Communications Dispatcher TBD 11. Barrett, Georgina Fire Communications Dispatcher TBD 12. Doval, Emilio Fire Communications Dispatcher TBD 13. Hall, Laura Fire Communications Dispatcher TBD 14. Evangelista, Sarah Fire Communications Dispatcher TBD 15. Romero, Grace Fire Communications Dispatcher TBD Matz These positions wit be filled by Kart Eliman and Eric Evans, however, it to not yet known which empbyee will be offsred the Floe Prevention Analyst position and which wilf be offered the Senior Floe Prevention SpedsUstpostifon. This detenMnation will be made Allowing interviews by OCFA with both employees. 60C -71 SANTA ANA FIRE SERVICES AND EMERGENCY MEDICAL SERVICES AGREEMENT Addendum to Attachment B Leave Agreement Transitioning Personnel from Santa Ana Fire Management Association Upon transition, the City of Santa Ana (CITY) will establish a leave bank for each transitioning employee who transitioned from a Fire Management Association position at the CITY. These leave bank hours are based on shift schedules, and therefore will be converted to staff hours, as appropriate, depending on the transitioning employee's assigned position. OCFA recognizes that each employee's leave bank was derived from a combination of accrued holiday leave, vacation leave, compensatory time off, and sick leave while employed by CITY; however, upon transition, the leave balances will be treated by OCFA as General Leave, and no longer tracked based on the individual categories listed above. General Leave banks transferred from CITY will be tracked separately from new OCFA leave time accrued by the transitioning employees under the applicable MOU, and will be used as a supplement to OCFA accrued vacation and sick leave. Transitioning employees will be required to exhaust the balance of their respective OCFA accrued leave banks before using the General Leave transferred from CITY. Use of all leave time, whether General Leave or OCFA accrued leave, must comply with OCFA's applicable MOU; however, General Leave banks are not eligible to be cashed -out by OCFA in lieu of using said time. The General Leave balance in each employee's leave bank will be available for use by transitioning employees, as described above, up until and including April 13, 2017. OCFA will pay amounts due to transitioning employees who use time from the CITY's General Leave bank, and CITY will repay such amounts to OCFA, as invoiced on a quarterly basis. Any amounts remaining in the transitioning employees' General Leave banks effective April 14, 2017 (or such earlier date if the transitioning employee separates from OCFA) will no longer be available for use by transitioning employees. OCFA will provide a report to CITY within 30 days after April 14, 2017 (or within 30 days following separation) detailing the hours remaining in each employee's bank. Transitioning Personnel from Santa Ana Fire Benevolent Association with More than Ten (10) Years of City Service Upon transition, the City of Santa Ana (CITY) will establish a leave bank for each transitioning employee who transitioned from a Fire Benevolent Association position at the CITY with more than ten (10) years of CITY service. Leave bank hours for sworn personnel are based on shift schedules, and therefore will be converted to staff hours, as appropriate, depending on the transitioning employee's assigned position. OCFA recognizes that each employee's leave bank was derived from a combination of accrued holiday leave, vacation leave, compensatory time off, and sick leave while employed by CITY; however, upon transition, the leave balances will be treated by OCFA as General Leave, and no longer tracked based on the individual categories listed above. General Leave banks transferred from CITY will be tracked separately from new OCFA leave time accrued by the transitioning employees under the applicable MOU, and will be used as a supplement to OCFA accrued vacation and sick leave. Transitioning employees will be required to exhaust the balance 60C -72 of their respective OCFA accrued leave bank before using the General Leave transferred from CITY. Use of all leave time, whether General Leave or OCFA accrued leave, must comply with OCFA's applicable MOU; however, General Leave banks are not eligible to be cashed -out by OCFA in lieu of using said time. The General Leave balance in each employee's leave bank will be available for use by transitioning employees, as described above, up until and including April 13, 2017. OCFA will pay amounts due to transitioning employees who use time from the CITY's General Leave bank, and CITY will repay such amounts to OCFA, as invoiced on a quarterly basis. Any amounts remaining in the transitioning employees' General Leave banks effective April 14, 2017 (or such earlier date if the transitioning employee separates from OCFA) will no longer be available for use by transitioning employees. OCFA will provide a report to CITY within 30 days after April 14, 2017 (or within 30 days following separation) detailing the hours remaining in each employee's bank. Transitioning Personnel from Santa Ana Fire Benevolent Association with Less than Ten (10) Years of City Service Upon transition, the City of Santa Ana (CITY) will establish a Sick Leave bank of 48 hours for each transitioning employee who transitioned from a Fire Benevolent Association position at the CITY with less than ten (10) years of CITY service. Sick Leave banks transferred from CITY will be tracked separately from new OCFA sick leave accrued by the transitioning employees under the applicable MOU, and will be used as a supplement to OCFA accrued sick leave. Transitioning employees will be required first to use their OCFA accrued sick leave, before using the sick leave transferred from CITY. Transferred sick leave may only be used for non - occupational illness or injury for which the employee has no OCFA accrued sick leave balance available, and may not be cashed out by OCFA. The Sick Leave balance in each employee's bank will be available for use by transitioning employees, as described above, up until and including April 16, 2015. OCFA will pay amounts due to transitioning employees who use time from the CITY's Sick Leave bank, and CITY will repay such amounts to OCFA, as invoiced on a quarterly basis. Any amounts remaining in the transitioning employees' Sick Leave banks effective April 17, 2015 (or such earlier date if the transitioning employee separates from OCFA) will be forfeited and no longer available for use by transitioning employees. CITY OF SANTA ANA ORANGE COUNTY FIRE AUTHORITY By: By. Interim City Manager, Paul M. Walters Fire Chief, Keith Richter Date: Date: 60C -73 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Exempt from fees per Government Code § 27383 (space above for recorder's use) LEASE AGREEMENT FOR FIRE STATIONS #70 -79 between City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 and Orange County Fire Authority 1 Fire Authority Road Irvine, California 92602 This Facility Lease Agreement ("the Lease ") is made to be effective as of April 20, 2012 (the "Effective Date "), by and between the Orange County Fire Authority ( "OCFA" or "LESSEE "), a California joint powers authority, and the City of Santa Ana ( "CITY" or "LESSOR "), a California general law city, (collectively, "the Parties "). Page 1 60C -74 RECITALS A. WHEREAS, CITY is the owner of ten (10) fire station facilities and related real property within the City of Santa Ana, California, at those locations described in Exhibit A and depicted in Exhibit B ( collectively referred to herein as the "Premises "); and B. WHEREAS, CITY is a member of OCFA and is a party to that certain Amended Orange County Fire Authority Joint Powers Agreement, dated September 23, 1999, as amended by that certain First Amendment to the Amended Joint Powers Agreement, effective July 1, 2010, (the "Joint Powers Agreement "); and C. WHEREAS, the Joint Powers Agreement requires fire stations owned by member cities to be leased to OCFA for one dollar ($1.00) per annum; and D. WHEREAS, CITY and OCFA are also parties to that certain Fire Services and Emergency Medical Services Agreement, dated , 2012 (the "Fire Services Agreement "), effective April 20, 2012, which sets forth the terms pursuant to which OCFA provides fire protection, emergency medical, and related services to CITY; and E. WHEREAS, the term of the Fire Services Agreement runs concurrently with the term of the Joint Powers Agreement and remains in effect for so long as CITY is a member of OCFA; and F. WHEREAS, the Parties mutually desire to enter into a lease agreement for the Premises; NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Premises 1.1. CITY leases to OCFA and OCFA leases from CITY those portions of the Premises described in Exhibit A depicted in Exhibit B attached hereto and incorporated herein (hereinafter the "Leased Premises "). 2.0 Term The term of this Lease shall run concurrently with the term of the Fire Services Agreement and any extensions or renewals thereof. If the Fire Services Agreement is terminated for any reason, this Lease shall concurrently terminate in its entirety. This Lease may not be terminated during the term of this Lease except upon mutual agreement of the Parties. 3.0 Use of Premises 3.1. OCFA shall inspect the Leased Premises prior to taking possession. OCFA's possession and use of the Leased Premises after the Effective Date shall constitute acknowledgment that the Leased Premises are in good and acceptable condition. 827843.2 �I 60C -75 3.2. The Leased Premises shall be used exclusively by OCFA, its officers, agents, employees, and volunteers to provide fire protection, suppression, and medical aid services, and related activities, to CITY and in surrounding geographic areas in accordance with the Joint Powers Agreement and Fire Services Agreement, or any subsequent amendments thereto, and for no other purposes. 3.3. OCFA shall not use the Premises in any manner contrary to the terms of this Lease without CITY's prior written consent. CITY's authorized representative shall have the right at all reasonable times to inspect the Leased Premises to determine if the OCFA and its guests are complying with the provisions of this Lease. 3.4. OCFA shall not commit any waste or any public or private nuisance on the Premises. 3.5. OCFA shall not violate any law, rule, or order of any federal, state, or municipal government or agency that may be applicable to the use of the Premises. 3.6. OCFA shall not commit any act on the Premises nor use the Premises in any manner that causes the cancellation of any fire, liability, or other insurance policy insuring the Premises or any improvement on the Premises. 3.7. On or before the effective date of termination of this Lease, OCFA shall vacate the Premises, remove all of OCFA's personal property from the Premises, and leave the Premises in good order and repair subject to the satisfaction of the City Manager. 4.0 Rent OCFA shall pay CITY as rent for the Leased Premises the sum of One Dollar ($1.00) per year per fire station facility, at the beginning of the first and subsequent years of the term of this Lease. Rent shall not include the cost of utilities or telephone services. 5.0 Telephone Service and Utilities 5.1 Telephones desired by OCFA for use by OCFA, its employees, or agents, and the cost thereof shall be secured by and paid for by OCFA. 5.2 OCFA shall pay all costs of utilities for the Leased Premises. 6.0 Alterations and Improvements 6.1 OCFA may make alterations, improvements and changes in or to the Leased Premises, including but not limited to, the installation of fixtures, partitions, counters, shelving, and equipment as OCFA deems necessary, with the prior written consent of the City Manager, which consent shall not be unreasonably withheld. It is agreed that any such fixtures, partitions, counters, shelving, equipment, or other alterations or improvements attached to or placed upon the Leased Premises by OCFA shall be considered as personal property of OCFA, which may be removed by OCFA upon termination of this Lease. OCFA shall repair any damages to the Leased Premises from such removal and agrees that the Leased Premises shall be left in as good condition as when received, reasonable wear and tear excepted. 3 827843.2 60C -76 6.2 Capital improvements to the Leased Premises required by OCFA shall be the obligation of CITY in accordance with Article VI of the Joint Powers Agreement, as it may be amended from time to time. 7.0 Maintenance and Repairs 7.1. OCFA shall keep the Leased Premises in good condition and repair. All damages or injury to the Leased Premises or its contents caused by OCFA, its employees, agents or visitors shall be promptly repaired by OCFA to the satisfaction of the City Manager. 7.2. Maintenance and repairs to the Leased Premises shall be funded in accordance with Article VI of the Joint Powers Agreement, as it may be amended from time to time. 7.3. The cost of repairs required to assure structural integrity and to maintain the habitability of the Premises in compliance with building and health and safety codes will be the sole responsibility of CITY. Significant maintenance or repairs to the Leased Premises that constitute capital improvements pursuant to the Joint Powers Agreement shall be the obligation of CITY in accordance with Article VI of the Joint Powers Agreement, as it may be amended from time to time. 7.4. Unless otherwise mutually agreed by the Parties, CITY shall be responsible for maintenance and repair of all exterior landscaping, parking areas, driveways, joint use areas, if any, and all portions of the Premises other than the Leased Premises. 8.0 Party Representatives 8.1. The City Manager is the CITY's representative for purposes of this Lease. 8.2. The Fire Chief is the OCFA's primary representative for purposes of this Lease. 9.0 Notices 9.1. All notices permitted or required under this Lease shall be deemed made when personally delivered or when mailed 60 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at the following addresses: To CITY: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attn: City Manager To OCFA: Orange County Fire Authority 1 Fire Authority Road Irvine, California 92602 Attn: Fire Chief 9.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 4 827843.2 60C -77 10.0 Relationship of the Parties The only relationship created by this Lease is that of lessor and lessee. Neither CITY nor any of its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of CITY officials, shall have control over the means of service or means of production of OCFA or any of its of officers, employees, agent, or volunteers. 11.0 Assignment Neither Party shall assign or transfer any interest in this Lease whether by assignment or novation, without the prior written consent of the other Party. Any purported assignment without such consent shall be void and without effect. 12.0 Insurance 12.1. OCFA shall, at its expense, procure and maintain for the duration of the Lease, comprehensive general liability insurance and/or self insurance against claims for injuries to persons or damages to property that may arise from or in connection with its use of the Leased Premises, in an amount of no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage for each location. All insurance coverage provided by OCFA shall be primary and not contributory insurance as respects the CITY, shall name CITY, its officials, officers, employees, agents, and volunteers as additional insureds, and shall be endorsed to provide that coverage shall not be suspended, voided, reduced, or cancelled except after thirty (30) days prior written notice to the CITY. At the time of execution of this Lease the OCFA shall provide CITY with evidence of compliance with these requirements. 12.2. CITY shall maintain throughout the duration of the Lease fire insurance with extended coverage on the Premises to the full insurable value of improvements located on the Premises. At the time of execution of this Lease the CITY shall provide OCFA with evidence of compliance with these requirements. 13.0 Indemnification, Hold Harmless, and Duty to Defend 13.1. OCFA shall defend, indemnify and hold harmless the CITY and its officers, employees, agents and representatives with respect to any loss, damage, injury, claim, demand, litigation or liability and all expenses and costs relating thereto (including attorneys fees) arising out of or in any way related to acts or omissions of OCFA, its officers, employees or agents relating to OCFA's occupancy and use of the Premises. 13.2. CITY shall defend, indemnify and hold harmless OCFA and its officers, employees, agents and representatives with respect to any loss, damage, injury, claim, demand, litigation or liability and all expenses and costs relating thereto (including attorneys fees) arising out of or in any way related to acts or omissions of CITY, its officers, employees or agents relating to CITY's ownership, occupancy, and use of the Premises. 13.3. All duties and obligations under this Section shall survive termination of this Lease. 5 827843.2 LO I 9� 14.0 Taxes and Assessments All taxes and assessments, if any, which become due and payable upon the Premises, shall be the full responsibility of CITY, and CITY shall cause said taxes and assessments to be paid promptly. 15.0 Equal Opportunity OCFA affirmatively represents that it is an equal opportunity employer. OCFA must not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non- discrimination includes, but is not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 16.0 Labor Certification By its signature hereunder, OCFA certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing use of the Premises. 17.0 Defaults and Remedies In the event of any breach of this Lease by either party, the aggrieved party may notify the other in writing of such breach, and the breaching party shall have thirty (30) days in which to initiate action to cure said breach before the other party may proceed to complete the cure of such breach with due diligence or to take any other remedies for default. 18.0 Successors in Interest Unless otherwise provided in this Lease, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, assigns of all of the parties hereto, all of whom shall be jointly and severally liable hereunder. 19.0 Destruction of or Damage to Premises In the event of (A) partial destruction of the Premises; or (B) the Premises being declared unsafe or unfit for occupancy by any public authority authorized to make such declaration, for all reason other than OCFA's act, use, or occupation, except as otherwise provided herein: CITY shall immediately make repairs as are necessary to restore the Premises to the condition which existed prior to destruction or damage and/or make repairs as are necessary to make the Premises safe and fit for occupancy. The destruction (including any destruction necessary in order to make repairs required by any declaration), damage or declaration shall in no way render this Lease null and void. If CITY refuses to make such repairs or if such repairs are not completed by CITY within 60 days, OCFA may, at its option, terminate the Lease, or, OCFA's cost of such repairs, including labor, materials, and overhead, may be included by OCFA in amounts owing by CITY to OCFA pursuant to the Joint Powers Agreement, as it may be amended from time to time. 6 827843.2 60C -79 20.0 Circumstances Which Excuse Performance If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, restrictive governmental laws or regulations, or other cause without fault and beyond the control of the party obligated (financial inability excepted), performance of such act shall be excused for the period of delay; and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. However, nothing in this clause shall excuse either Party from the prompt payment of any rental or other charge required of it except as may be expressly provided elsewhere in this Lease. 21.0 Entire Agreement This Lease contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Lease may only be modified by a writing signed by both parties. Notwithstanding the foregoing, this Lease shall be subject to, and interpreted to be consistent with, the Joint Powers Agreement and the Fire Services Agreement, as they may be amended from time to time. In the event of any inconsistency between the terms of this Lease and the terms of the Joint Powers Agreement and/or the Fire Services Agreement, as they may be amended, the terms of the Joint Powers Agreement, then the terms of the Fire Services Agreement, shall govern, and the terms of this Lease shall be deemed to have been amended in accordance therewith. 22.0 Severability The invalidity in whole or in part of any provisions of this Lease shall not void or affect the validity of the other provisions of this Lease. 23.0 Construction and Governing Law The validity, interpretation, and performance of this Lease shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Lease shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Lease or who drafted that portion of the Lease. 24.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Lease. 25.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 7 827843.2 LO I • I J 26.0 Holding Over In the event OCFA shall continue in possession of the Leased Premises after the term of this Lease, such possession shall not be considered a renewal of this Lease but a tenancy from month -to -month and shall be governed by the conditions and covenants contained in this Lease. 27.0 Time Time is of the essence in this Lease. 28.0 Prohibited Interests OCFA maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for OCFA, to solicit or secure this Lease. Further, OCFA warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for OCFA, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Lease. For breach or violation of this warranty, CITY has the right to rescind this Lease without liability. For the term of this Lease, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Lease, or obtain any present or anticipated material benefit arising therefrom. 29.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Lease, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorney's fees and other costs incurred in connection with such action. 30.0 Incorporation of Recitals and Exhibits All Recitals set forth above and exhibits referenced in this Lease are hereby incorporated into the Lease as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms set forth in the main body of this Lease, the terms set forth in the main body of this Lease shall control. 31.0 Corporate Authority The persons executing this Lease on behalf of the Parties warrant that they are duly authorized to execute this Lease on behalf of said Parties and that by their execution, the Parties are formally bound to the provision of this Lease. 32.0 Lease Organization The various headings in this Lease, the numbers thereof, and the organization of the Lease into separate sections and paragraphs are for purposes of convenience only and shall not be considered otherwise. 8 827843.2 60C -81 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Lease as of the date and year first above written. CITY OF SANTA ANA ORANGE COUNTY FIRE AUTHORITY By: City Manager By: Attest: Attest: By: By. City Clerk Mark Tettemer, Chair Sherry A.F. Wentz, CMC, Clerk of the Authority Approved as to Form: Approved as to Form: I: City Attorney 9 827843.2 L. 1 David Kendig, General Counsel 827843.2 EXHIBIT A Description of Premises LO I • � 827843.2 EXHIBIT B Depiction of Premises LO I •