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HomeMy WebLinkAbout FULL PACKET_2015-09-01MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AUGUST 4, 2015 1 0A -1 1 0A -2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 4, 2015 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:12 P.M. ATTENDANCE COUNCILMEMBERS Present: VINCENT F. SARMIENTO, Mayor Pro Tern P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA COUNCILMEMBERS Absent: ANGELICA AMEZCUA MIGUEL A. PULIDO, Mayor SAL TINAJERO STAFF Present: DAVID CAVAZOS, City Manager LAURA A. ROSSINI, Senior Assistant City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:13 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL -- POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: (A White and Yellow Cab, Inc.) CITY COUNCIL MINUTES 1 AUGUST 4, 2015 1 0A -3 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) Service Employees' International Union (SEIU) Full -Time Employees Agency Negotiator: City Manager, David Cavazos Employee Organizations: Executive Management (EM) CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be taken at the Regular Meeting which will begin immediately following the Closed Session Meeting. ADJOURNED CLOSED SESSION AND CONVENED TO THE REGULAR OPEN SESSION AT 5:52 P.M. CITY COUNCIL MINUTES 2 AUGUST 4, 2015 1 0A -4 CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:02 P.M. COUNCILMEMBERS Present: VINCENT F. SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO COUNCILMEMBERS Absent: MIGUEL A. PULIDO, Mayor STAFF Present: DAVID CAVAZOS, City Manager LAURA A. ROSSINI, Senior Assistant City Attorney MARIA D. HUIZAR, Clerk of the Council SONIA BRAVO- SANCHEZ, GODINEZ HIGH SCHOOL RUPERT VEGA, POLICE CHAPLAIN CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Jannett Mendoza of Luna Kutsi Restaurant in recognition of her grand opening and in celebration of Mexican Art, Culture and Food. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Consul Mario Cuevas on his appointment as the new Consul of Mexico, in Santa Ana. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Nick Alvidrez for his unselfish contributions and positive influence on youth in Santa Ana. CITY COUNCIL MINUTES 3 1 0A -5 AUGUST 4, 2015 CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA to the following Santa Ana 4th of July event volunteers: Erika Alvarez; Paula Alvarez; Sonia Sanchez Bravo; Luis Camero; Judith Carrillo; Griseldi Delacruz; Kenia de la Cruz; Andrea Diaz; Oswaldo Faro; Ricardo Fuentes; Victor Gonzalez; Christine Laniagua; Johnathan Mendez; Viviana Nguyen; Michael Orellana; Tristan Orellana; Isabel Ortiz; Omar Ramirez; Dalia Reyna; Mario Reyna; Guillermo Sanchez; Zarisbeth Soto; Alfredo Torreblanca; Erika Torreblanca; Gardenia Zamacona. CLOSED SESSION REPORT - - See Agenda Item 19A for Closed Session Report. PUBLIC COMMENT 1. Aaron Palusa, spoke in opposition to Agenda Item 32B; concerned with lack of noticing — no written notice of November or June meetings; mobile homes are within 600 feet of proposed project with little or no mitigation measures to protect those residents. 2. John Wesson, Agenda Item 32B, concerned with project and proximity to mobile home park. 3. Maria Reyna, spoke on Agenda Item 25A, spoke in support of grant opportunity. 4. Alicia Rojas, spoke on Agenda Item 25A, thanked City Council for support. 5. Madeline Spencer, spoke on homeless issues in and around the civic center area; supports use of former bus terminal for services. 6. Ryan Smolar, spoke on Agenda Item 25A and 25E, thanked the City Council for arts project grant funding. 7. Nancy Alcala, spoke on Agenda Item 25A, thanked the City Council for opportunities generated through grant funds. TELECONFERENCE *Pursuant to Government Code Section 54953(b), Mayor Pro Tern Tinajero participated in a portion of the meeting via teleconference from All Star Vacation Homes, 2788 Almaton Loop # 301, Kissimmee, FL 34747 at 6:58 p.m.. The Agenda for said meeting was posted at said location as required by the Brown Act. AGENDA ITEMS TAKEN OUT OF ORDER - PUBLIC HEARINGS 75A. ADOPT DOWNTOWN ENHANCEMENTS AND PARKING MODERNIZATION PLAN AND ADOPT GOVERNING PARKING ORDINANCE AND RESOLUTION (STRATEGIC PLAN NO. 3, 4, 4131 - Finance & Management Services Agency Legal Notice published in The Notice (LASOC) on July 24, 2015. CITY COUNCIL MINUTES 4 AUGUST 4, 2015 1 0A -6 Staff report presented by City Manager Cavazos. • Parking structure rates have �. not changed in over 20 years. • Since being built in the 1980s, I 0 structures operate with)u original parking equipment. 6-01 Elm 8 • High expenses due to constant a If— equipment repairs and labor �JLJ L! costs. fiRMGERJPO&B0.M W/FY G0.4GECIJPO&BI0.CM 13leMS- MOSpxerl IS IeeY -iW spassl • Operation is inefficient due to GNNGE 6I"N &$pV0.GFON GAAMEG I 5TH &MAIN (e leek- JGGSp+m 194 eN- <GOS9+efl manual intensive processes. T S I JHOa eusx laTlpara o'., 1595pxa1 z Current Conditions and Needs: On-street Parking • Parking meter rates were changed 12 years ago. • Downtown meters are designed for short term parking (2 hrs. maximum stay) • Less expensive to park in a metered space than parking structure. Result = imbalanced pricing model 3 Downtown Great Opportunity! DOWNTOWN ��. • Heart of Orange County " r • The County Seat and government hub County transportation hub Historic Downtown CITY COUNCIL MINUTES 5 AUGUST 4, 2015 1 0A -7 41" highest density city in the nation Downtown sales tax up 39% since 2010 • Voted Best Restaurants in the County — 3 years in a row! OC Streetcar is coming! 11 • Hire and assign four additional police officers exclusively to patrol Downtown. Iry is -cs) • Increase private security in Downtown and structures. fry ie ii) Installation of security cameras and Increased pedestrian safety enhancements. Iry 1s 16) Downtown Enhancements: Sanitation & Maintenance ($1.6M est.) • Develop a Downtown "Clean Team" to ensure routine and proper maintenance. (FY 16 -17) • New recycling program including installation ?. of additional waste receptacles. Iry is-v) • Installation of public restrooms. Iry 16-17) r... x" 7 CITY COUNCIL MINUTES 6 AUGUST 4, 2015 1 0A -8 • Complete street investments: • Attractive public spaces, walkable alleyways and parklets (FY 16 -171 • LED lighting (FY 16-17) • Landscaping and trees(FY15 -1c) • Create an identity brand (FY 15 -16) Year -round events and promotions (on going) Coordinated marketing materials (on-going) Holiday and festive decor (on- going) SIM J 9 How Do We Improve Santa Ana? Downtown Enhancements: Other Amenities (52M est.) • Public wifi (backbone) system (FY 16-10 . • Wayfinding and directional signage (bid -Fall 2015) • Circulator and bike share program (FY 15 -16) • Validation program (FY 1e17) S � CITY COUNCIL MINUTES 1 0A -9 10 AUGUST 4, 2015 Parking Modernization: Parking Facilities. ($1.5M est. Parking structures have greatest need for improvements. Iry tste) • Replace parking access and revenue control systems with modern automated models. !FY 15 -16) upgrades to lighting fixtures, elevators, paint, landscaping and signage. (rY15 -16) 1.. Installed IPS Smart Meters with credit card Ak ML capabilities. 2. Installed credit card readers in parking `` structures. 3. Eliminated meter sharing through smart sensor technology. Recent Successes and Accomplishments 1.. Installed IPS Smart Meters with credit card Ak ML capabilities. 2. Installed credit card readers in parking `` structures. 3. Eliminated meter sharing through smart sensor technology. 4. Pay by phone capability added to parking meters. % -- 5. Implemented valet program at 3 "' & Bush lot. 6. Comprehensive facilities assessment complete as well as market parking rate study. CITY COUNCIL MINUTES 1 0A -10 13 AUGUST 4, 2015 Recent Successes and Accomplishments 4. Pay by phone capability added to parking meters. % -- 5. Implemented valet program at 3 "' & Bush lot. 6. Comprehensive facilities assessment complete as well as market parking rate study. CITY COUNCIL MINUTES 1 0A -10 13 AUGUST 4, 2015 7. Ongoing improvements planned for signage and wayfinding. S'S i 14 How is this Funded? Off- Street Parking Rates (parking structures) • Adjust parking structure rates to $1.50 per hour upon completion of modernization improvements. (estimated July 1, 2016) On- Street Parking Rates (parking meters) Adjust parking meter rates in the following manner: • Midtown Zone to $1.00 per hour (effective October 1, 2015) • Downtown Zone to $1.50 per hour (effective October 1, 2015) • Willard Zone remains at $1.00 per hour Parking Enforcement • Reduce expired meter citation to $40.00 (currently $56.00) • Adjust parking enforcement hours in Downtown Zone from Sam to 10pm • Modification of parking regulations along portions of Fourth St. to allow parking from 8am to 4am 15 In Summary... The proposed plan identifies key areas of improvements and enhancements related to parking operations: • Enhance public amenities in Downtown • Modernize and upgrade parking structures • Address deferred maintenance • Provide funding for on -going maintenance Amendments to governing ordinance and resolution. • Success achieved through consensus between stakeholders, business organizations, and City staff. CITY COUNCIL MINUTES 1 0A -11 i6 AUGUST 4, 2015 Mayor Pro Tern Sarmiento opened the hearing. The following members spoke on the matter: • Madeline Spencer, asked if meter upgrades would affect area by Orange County High School of the Arts and Mid -Town area. • Ryan Chase, supports the improvements proposed in the Plan; also spoke in support of Agenda Item 75B. • Ryan Smolar, consultant with Downtown Inc.; supports the Plan that will fund the improvements needed to further better the Downtown. • Raul Yanez, President of Santa Ana Business Inc., expressed support for Plan. • Claudia Arellanes, seeks City support to improve amenities in the Downtown as proposed in the Plan. • Sandra Pena, thanked the City Council for supporting Agenda Item 25A and also the Parking Plan with adjustments — citations given even when green light on, Sunday ticketing and compassion for the disabled and elder consciousness and extending meter parking to 3 hours. • Victor Payan, concerned with recent incident where enforcement officer was ready to ticket even when light was green. • Theo Hirsch, suggested bike lanes, bike trails and other modes of transportation to be used with funds generated with increased fees. • Nancy Mejia, representing Latino Health Access, needs equitable development and integrating health and wellness strategies; outlined reasons for not supporting; transparency and accountability and improved coordination to promote health and wellness. • Paul Diebel, spoke of letter presented for the record by Latino Health Access and concerns with proposed Plan that fails to include health and wellness strategies. Council discussion ensued. Councilmember Tinajero, spoke of enhancements throughout including electronic meter reading, credit card payment and supports matter. Councilmember Martinez, expressed concern, need sustainable and predictable plan that is consistent. Councilmember Amezcua, expressed support for Plan; asked for impact if change parking meter from 3 hours to 2 hours. City Manager Cavazos, noted that time can be increased to 4 hours in the evening hours; will be reducing fines and will meet personally with attendants to provide quality customer service. Councilmember Benavides, spoke of need for public amenities including bathrooms and drinking fountains. City Manager Cavazos, indicated that line items would be brought back to City Council for approval. CITY COUNCIL MINUTES 10 AUGUST 4, 2015 1 0A -12 Councilmember Amezcua, requested a family restroom and enhancements for children with disabilities. Councilmember Reyna, expressed support. Mayor Pro Tern Sarmiento, staff to address 4t" street parking entrance to enter on 4th; ADA access; deference to Santa Ana business owners who are in support of Plan. MOTION: 1. Adopt Downtown Enhancements and Parking Modernization Plan developed with the consensus and collaborative efforts of various Downtown stakeholders. 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2880 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 36, ARTICLE VIII OF THE SANTA ANA MUNICIPAL CODE RELATING TO PARKING METERS AND ARTICLE IV RELATING TO PARKING REGULATIONS 3. Adopt a resolution setting parking rates for City owned parking structures to $1.50 per hour; $10.00 daily maximum; and $50.00 per month upon completion of modernization improvements to parking structures; and setting parking rates for the surface lot to $1.50 per hour. RESOLUTION NO. 2015 -038 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING HOURS AND PARKING RATES FOR SPECIFIED CITY OWNED PARKING FACILITIES 4. Authorize City staff to prepare RFD's and release bids related to the Downtown Enhancements and Parking Modernization Plan. 5. Annual review of progress related to Downtown Enhancements and Parking Modernization Plan. MOTION: Benavides VOTE: AYES: NOES CITY COUNCIL MINUTES SECOND: Amezcua Amezcua, Benavides, Tinajero (5) Martinez (1) None (0) 11 1 0A -13 Reyna, Sarmiento, AUGUST 4, 2015 ABSENT: Pulido(1) 75B. ZONING ORDINANCE AMENDMENT NO. 2015 -03 TO UPDATE THE HOUSING OPPORTUNITY ORDINANCE AND ADAPTIVE REUSE ORDINANCE (STRATEGIC PLAN NO. 5, 3) — Planning & Building Agency Planning Commission approved recommended action at the July 20, 2015 special meeting by a vote of 3 -2 (Mill & Verino opposed; Alderete & Gartner absent). Legal notice published in The Notice (LASOC) on July 24, 2015, and notices mailed. Staff report presented by Hassan Haghani, Executive Director of Planning and Building Agency Underlying Purpose of housing opportunities ordinance Ensure creation of high quality affordable housing along with market rate housing with minimum or no public subsidy. BACKGROUND Current Housing Opportunity Ordinance • Adopted November 2011, referenced in 2014 Housing Element • Requires 15 percent of new housing to be affordable ORDINANCE APPLICABILITY When does Ordinance apply? • Zone change that results in residential density increase • Approved applications proposing to increase residential component exceeding original mixed use development approval • Conversion of commercial or industrial land to residential uses • Conversion of rental units to condominium ownership of 5 units or more • Construction of New "residential projects" of 5 or more units IMPLEMENTATION CHALLENGES • Unpredictable • Inconsistent • Too many unknown steps in process • Makes adaptive reuse too costly • Does not allow for reliable financial planning of projects • Makes Santa Ana less competitive in attracting new market rate housing investment GOALS OF ORDINANCE AMENDMENT CITY COUNCIL MINUTES 12 AUGUST 4, 2015 1 OA -14 • Create Affordable Housing Mixed with Market Rate Housing • Minimize Public Subsidies for Affordable Housing Production • Maintain Competitive Edge on Attraction of Private Investment in Housing Production • Clear, Consistent, Predictable Development Pathway • Allow for Creation of Diverse Housing Options for Socio- economically Diverse Population • Provide Options to Minimize Inclusionary Housing Cost • Minimize Negative Impacts on Existing Tenants on Rehab Projects CONSIDERATIONS • Constrains Historic Adaptive Reuse/ Building Re- purposing • Treats New and Existing Development the same while economics differ • Constrains alternatives to construction of New units on -site STAKEHOLDER OUTREACH ✓ Housing Developers and Housing Advocates ✓ Stakeholders Discussions: • July 8, 2015 • July 13, 2015 ✓ Planning Commission Meeting July 20, 2015 PROPOSED MODIFICATIONS • Exempt projects approved prior to date of adoption of original HOO ordinance • Inclusionary Units criteria: • For-Sale- Moderate 15 % • Rental -Low/ Very Low 10% • Exempt Adaptive Reuse from HOO requirement ADAPTIVE REUSE & REPURPOSING PROPOSED MODIFICATIONS • Residential Projects over 20 units provide Inclusionary Units on -site • Provide for off -site construction of units (1 for 1) • Allow rehabilitation of off -site units at 1.5 rehabilitated units in -lieu of 1 newly constructed unit (1 to 1 for Target Areas) • Inclusionary Unit production 100% responsibility of developer; no City or Housing Authority assistance REHABILITATION TARGET AREAS • Cornerstone Village • Cedar - Evergreen • Townsend -Raitt • West Myrtle PROPOSED MODIFICATIONS CITY COUNCIL MINUTES 13 AUGUST 4, 2015 1 0A -15 • All Inclusionary Units (rental and ownership) 55 years • Apply only to conversions for number of units in excess of General Plan prescribed densities • Remove Takings Determination from ordinance • Remove Executive Director Discretionary Authority • Simplify In -Lieu fee calculation ($5 /square foot of habitable space) INCENTIVES AND CONCESSIONS Similar to State Density Bonus (SB 1818): • Parking: • 1 space/ 0 -1 bedroom units ■ 2 spaces /2 -3 bedroom units • 2 "/2 spaces for 4 or more bedroom units ■ Development Standards: • Setback - up to 25 percent • Height — up to 20 feet INCENTIVES AND CONCESSIONS Similar to State Density Bonus (SB 1818): • Parking: ■ 1 space/ 0 -1 bedroom units ■ 2 spaces /2 -3 bedroom units • 2 %2 spaces for 4 or more bedroom units • Development Standards: • Setback - up to 25 percent • Height — up to 20 feet INCENTIVES AND CONCESSIONS Similar to State Density Bonus (SB 1818): • Sliding Scale additional density bonus for every additional affordable unit beyond required inclusionary units PROPOSED MODIFICATIONS • Pipeline projects eligible for newly adopted In -Lieu fee: • Deemed complete prior to August 4, 2015 • Submit new or revised Housing Inclusionary Plan • Pay In -Lieu fee of $5/ square feet • Revisit /reevaluate in 3 years DISCUSSIONS SINCE PC MEETING • Earmarking In -Lieu fees • In -Lieu fee for 21 or more unit projects at a higher rate • Allowing up to 50 units to pay in -lieu fee • Extremely Low not addressed EARMARKING IN -LIEU FEES OPEN REQUEST FOR PROPOSAL PROCESS CITY COUNCIL MINUTES 14 AUGUST 4, 2015 1 0A -16 PC RECOMMENDATION • Planning Commission recommends City Council approve Zoning Ordinance Amendment No. 2015 -03 • One Commissioner advocated NOT exempting "adaptive reuse" projects • One Commissioner would like more time to discuss and absorb draft ordinance • Two commissioners absent RECOMMENDATION & ALTERNATIVES ■ Recommendation: ■ Adopt Proposed Draft Amended Ordinance • Alternative 1: • Allow applicants with projects of 21 or more units to pay an in -lieu fee at a higher flat rate established by the City Council; • Establish the higher in -lieu fee high enough to sufficiently fund building new affordable housing through open, competitive public process • Alternative 2: ■ Allow applicants with projects containing up to 50 units to be eligible for paying the in -lieu fee ■ Alternative 3: ■ Make no change Mayor Pro Tern Sarmiento opened the hearing. The following members spoke on the matter: • Cesar Covarrubias, Executive Director of the Kennedy Commission, submitted letter for the record, submitted recommendations for consideration — include fee on all development projects; need to have standards apply to projects in the pipeline; consider annual review instead of 3 years. • Beda Ruiz, requested continuance to review impacts of ordinance. • Abel Ruiz, need for affordable housing accessible; community input necessary for responsible development; consider continuation of matter. • Madeline Spencer, requested number of affordable units to be produced with proposed ordinance. • Carlos Melendez, requested continuance to better understand proposal; opined that it may be largest housing plan and need stakeholders participation. • Tad Springer, spoke on adaptive reuse included in the Ordinance — important to keep the historic elements. • Joese Hernandez, representing the Centro Cultural of Mexico, requested continuance and more public participation. • Victor Payan, noted importance of proposed ordinance; continue matter and consider adaptive reuse and economy of arts development first. CITY COUNCIL MINUTES 15 AUGUST 4, 2015 1 0A -17 • Nancy Alcala, requested postponement of matter and inclusion of residents in the process. Council discussion ensued. Mayor Pro Tern Sarmiento, summarized intent of the ordinance; project does not dilute the number of affordable units but provide clarity and predictability to allow for mixed income developments; mixed income developments have resulted in better projects; affordability ordinance was first approved 5 years ago — strong policy statement for dignified and affordable housing. Proposed amendment to ordinance to increase in lieu fee from $5 to $15 a foot to create larger pool of funds to leverage developments that markets do not address; homeownership for moderate income currently defined at 110% area market rate (AMI) which is about $93,000 for a family of four need to redefine to 80% AMI which is $56- $70,000 and allow them to apply for financing; also, developers should have an opportunity to opine as to where those funds are used. Asked about exemptions of pipeline projects or projects that have been approved, is that modifying the term sheet? Executive Director of Planning and Building Agency, Haghani, noted that draft ordinance does not automatically exempt pipeline projects, but gives them opportunity to request for new in lieu fee and projects approved prior to draft ordinance does not have agreement to be exempt. Mayor Pro Tern Sarmiento, support exemptions; noted that historic and commercial structures complex to change use, need to preserve and rehabilitate to create new housing - encourage development of adaptive reuse; motion to approve as amended. Councilmember Amezcua, asked who would manage the in -lieu fees and how to manage displacement? Mayor Pro Tern Sarmiento, noted that fees would be required for affordable development; pool funds and procured for applicants for development of low income projects Executive Director of Planning and Building Agency, Haghani, confirmed that displacement would be managed by developers in accordance with State regulations. Councilmember Reyna, requested clarification of pipeline projects. Executive Director of Planning and Building Agency, Haghani, commented that with proposed amendment, pipeline projects that have signed CITY COUNCIL MINUTES 16 AUGUST 4, 2015 1 0A -18 agreement with the City can pay new fees or remain the same, but if no contract then new fees will apply. Councilmember Benavides, asked about pipeline projects with pending contracts. Executive Director of Planning and Building Agency, Haghani, noted that status of pending projects would be provided to the City Council for consideration. Councilmember Benavides, proposed friendly amendment to allow all pending projects the option of current or proposed regulations. Executive Director of Planning and Building Agency Haghani, summarized proposed amendments include: 1. Change definition of moderate income formula from 110% to 80% AMI; 2. Change in lieu fee to $15 per square foot; 3. Developer should have opportunity to opine as to where in -lieu fees should be spent; 4. Development projects in the pipeline be given choice of existing formula for in -lieu fees or proposed rate of $15 per square feet with the understanding that projects over 21 units must produce the housing on -site. Councilmember Benavides, clarified that developers would be given a voice although City has final decision since they are public funds. AMENDED MOTION: Place amended ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2881 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XVIII.I OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE AND AMENDING THE ADAPTIVE REUSE ORDINANCE TO EXEMPT SUCH PROJECTS FROM THE APPLICATION OF THE HOUSING OPPORTUNITY ORDINANCE MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Pulido (2) 'Councilmember Tinajero ended the teleconference meeting at 9:20 p.m. CITY COUNCIL MINUTES 17 1 0A -19 AUGUST 4, 2015 CONSENT CALENDAR ITEMS MOTION: Approve the following staff recommendations on the Consent Calendar items 10A through 32C: • Staff continued agenda Item 22F to the September 1, 2015 City Council Meeting • Councilmember Benavides pulled Agenda Item 25A for separate discussion; and • *Appropriation Adjustment Items 20A through 20C initial votes were recalled and items continued to the September 1, 2015 City Council Meeting due to insufficient number of qualified votes. MOTION: Amezcua VOTE: AYES: NOES: ABSTAIN ABSENT: MINUTES SECOND: Benavides Amezcua, Benavides, Reyna, Sarmiento (4) None (0) None (0) Martinez, Tinajero, Pulido (3) ADMINISTRATIVE MATTERS 10A. MINUTES FROM THE REGULAR OPEN MEETING OF JULY 7, 2015 {STRATEGIC PLAN NO. 5, 11 — 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 SECOND READING: ORDINANCE AMENDING CHAPTER 10 OF THE SPECIAL EVENT REIMBURSEMENT AND SPONSORSHIP SECTION TO INCLUDE CO- SPONSORSHIPS {STRATEGIC PLAN NO. 5, 4) (City Manager's Office) - Clerk of the Council Office CITY COUNCIL MINUTES 18 AUGUST 4, 2015 1 OA -20 Placed on first reading at the July 7, 2015 City Council meeting and approved by a vote of 6 -0 (Reyna absent). Published in The Notice on July 10, 2015. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2879 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 10- 22.13 OF CHAPTER 10 REGARDING SPECIAL EVENT REIMBURSEMENT AND SPONSORSHIP BOARDS / COMMISSIONS / COMMITTEES 13A. COUNCIL COMMITTEES — AGENDA AND MINUTES (STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Receive and file. NAME MEETING DATE Finance, Economic Development, and Technology 07/22/2015 Parks, Recreation Education and Youth (Cancelled) 07/27/2015 Public Safety & Neighborhood Improvement (Cancelled) 07/28/2015 MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve settlement agreement. AGMT NO. 2015 -181 - CONFERENCE WITH LEGAL COUNSEL -- POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: (A White and Yellow Cab, Inc.) 19B. EXCUSED ABSENCES - Clerk of the Council MOTION: Excuse the absence of Mayor Pulido from the August 4, 2015 City Council Meeting. 19C. STRATEGIC PLAN MONTHLY REPORT FOR JUNE 2015 (STRATEGIC PLAN NO. 5, 1) - City Manager's Office CITY COUNCIL MINUTES 19 AUGUST 4, 2015 1 OA -21 MOTION: Receive and file. 19D. GRANT PROGRAM UPDATE FOR FISCAL YEAR 2014 -15 {STRATEGIC PLAN NO. 4, 3E) - City Manager's Office MOTION: Receive and file. 19E. QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES APRIL 2015 — JUNE 2015 {STRATEGIC PLAN NO. 5, 31 - Community Development Agency The Community Redevelopment and Housing Commission approved recommended action on July 8, 2015 by a vote of 4 -0 (Sandoval absent). MOTION: Receive and file. 19F. QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2015 {STRATEGIC PLAN NO. 4, 11 - Finance and Management Services MOTTON: Receive and file. 19G. PARK RANGER PROGRAM UPDATE {STRATEGIC PLAN NO. 1, 1) - Police Department MOTION: Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS MOTION: Initial vote recalled and Agenda Items 20A through 20C continued to the September 1, 2015 City Council Meeting (due to insufficient number of qualified votes to consider matter). 20A. APPROPRIATION ADJUSTMENT AND AGREEMENT WITH RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT FOR REIMBURSEMENT OF A LAND CONVERSION EVALUATION CRITERIA STUDY {STRATEGIC PLAN NO. 5, 4A) - Parks, Recreation and Community Services Agency CITY COUNCIL MINUTES 20 AUGUST 4, 2015 1 OA -22 20B. APPROPRIATION ADJUSTMENT ACCEPTING EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS {STRATEGIC PLAN NO. 1, 313} - Police Department 20C. INCREASE CONTINGENCY AND APPROPRIATION ADJUSTMENTS FOR GRAND AVENUE ROADWAY AND STORM DRAIN IMPROVEMENTS PROJECT (PROJECT NOS. 081732 and 126604) {STRATEGIC PLAN NOS. 6, 1 B, 1 C, 1 G) - Public Works Agency MOTION: Benavides SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero, Pulido (3) SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 12 -011 - MISCELLANEOUS PLUMBING SUPPLIES {STRATEGIC PLAN NO. 6, 2) - (Parks, Recreation and Community Services Agency; Public Works Agency, and Police Department) - Finance and Management Services MOTION: Amend contracts by $35,000 for an annual aggregate amount not to exceed $125,000 with the following vendors, subject to non - substantive changes approved by the City Manager and City Attorney. Vendor: Ferguson Enterprises, Inc. Irvine Pipe and Supply, Inc. Location: Pomona Santa Ana 22B. SPEC. NO. 15 -049 — PURCHASE THREE CHEVROLET SPARK AUTOMOBILES FOR POLICE DEPARTMENT'S DOWNTOWN PARKING ENFORCEMENT {STRATEGIC PLAN NO. 6, 2) - Finance and Management Services MOTION: Authorize a one -time purchase and payment of purchase order to Guaranty Chevrolet in an amount not to exceed $50,500 subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 21 AUGUST 4, 2015 1 OA -23 22C. SPEC. NO. 15 -068 — PURCHASE FORD F -550 AERIAL TRUCK FOR PUBLIC WORKS CONSTRUCTION ENGINEERING {STRATEGIC PLAN NO. 6, 21 (Public Works Agency) - Finance and Management Services MOTION: Award a contract to Altec Industries, Inc. in an amount not to exceed $140,512, subject to non - substantive changes approved by the City Manager and City Attorney. 22D. SPEC. NO. 15 -050 - AMMUNITION {STRATEGIC PLAN NO.1, 51 (Police Department) - Finance and Management Services MOTION: Authorize a one -time purchase and payment of purchase order to Dooley Enterprises, Inc. in an amount of $102,115 and San Diego Police Equipment in an amount of $96,385 for a total aggregate amount not to exceed $198,500, subject to non - substantive changes approved by the City Manager and City Attorney. 22E. SPEC. NO. 15 -059 - {STRATEGIC PLAN NO. Management Services PATROL RIFLES AND ACCESSORIES 1, 5) - (Police Department) - Finance and MOTION: Authorize a one -time purchase and payment of purchase order to RifleGear in an amount not to exceed $145,000, subject to non - substantive changes approved by the City Manager and City Attorney. 22F. SPEC. NO. 15 -066 - TASER ELECTRONIC CONTROL DEVICES AND ACCESSORIES {STRATEGIC PLAN NO.1, 51 - (Police Department) - Finance and Management Services MOTION: Matter continued to the September 1, 2015 City Council meeting, at staff's request. PROJECTS /CHANGE ORDERS 23A. AWARD CONTRACT FOR CONSTRUCTION OF SANTA ANITA PATIO IMPROVEMENTS (PROJECT 147514) {STRATEGIC PLAN NO. 6, 261 - Public Works; Parks, Recreation and Community Services; and Community Development Agencies MOTION: CITY COUNCIL MINUTES 22 1 OA -24 AUGUST 4, 2015 1. Authorize the City Manager and the Clerk of the Council to execute a contract awarded to Green Giant Landscape, Inc., the lowest responsible bidder, in accordance with the unit bid prices for the base bid of $98,500 and the additive alternate of $48,500, totaling $147,000, for construction of the Santa Anita Patio Improvements, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $183,750. 23B. AWARD CONTRACT FOR CONSTRUCTION OF PORTOLA PARK IMPROVEMENTS (PROJECT 132638) {STRATEGIC PLAN NO. 6, 1C} - Public Works and Parks, Recreation and Community Services Agencies MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute a contract awarded to Ben's Asphalt, the lowest responsible bidder, in accordance with the unit bid prices, totaling $187,146, for construction of the Portola Park Improvements Project, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $254,123. AGREEMENTS 25A. ARTS AND CULTURE ARTIST GRANT PROGRAM FISCAL YEAR 2015- 2016 {STRATEGIC PLAN NO. 5, 56} — Community Development Agency MOTION: 1. Approve the Arts and Culture recommendations for fiscal year 2015 -2016 Investing in the Artist Grant Opportunity in the amount of $80,000; Applicant AGMT NO. 2015-132- Downtown Inc. . AGMT NO. 2015-133- Project Hire live local artists to help increase free Artwalk activities Host a mobile series of free art, Amount Amount Exp. Requested Approved Date 510,000 $10,000 08/03/ 2016 35,000 $5,000 08/03/ 2016 CITY COUNCIL MINUTES 23 AUGUST 4, 2015 1 OA -25 Applicant Project Nancy Alcala . AGMT NO. 2015-134- Maria Reyna' • AGMT NO. 2015-135- Albert Lopez, Jr. • AGMT NO. 2015-136 - Pacific Symphony • AGMT NO. 2015-137- Joseph Hawa" • AGMT NO. 2015-138- Sarah Guerrero • AGMT NO. 2015-139- Orange County Children's Therapeutic Arts Center • AGMT NO. 2015-140- Alicia Rojas ceramic & craft workshops for children and adults in underprivileged neighborhoods throughout the city Free arts & crafts for children and adults at Artwalk for aperiod of two years Free solo exhibit of a series of oil paintings at location in Santa Ana Santa Ana Strings Program: Provide music training to Santa Ana children at the Boys & Girls Club Free series of live painting demonstrations at ArtBrunch. Free collective exhibit at ArtWalk. Free playwriting & theatre - making workshops for children and adults throughout the city. Host three music related film viewings for children and adults at Frida Cinema Mural in Downtown Santa Ana located Amount Amount Exp. equested Approved Date $ 5,000 $5,000 $10,000 $10,000 55,000 S10,000 $10,000 55,000 08/03/ 2017 SS,000 08/03/ 2016 510,000 08/03/ 2016 $5,000 $5,000 S10,000 $10,000 08/03/ 2016 08/03/ 2016 08/03/ 2016 08/03/ 2016 CITY COUNCIL MINUTES 24 AUGUST 4, 2015 1 OA -26 Applicant Project Amount Amount Exp. Requested Approved Date between N. Main St. & N. Bush St. behind 4 t St. created through a community survey process to form the foundation of the mural concept • AGMT NO. 2015 -141 - Orange County Center for Contemporary Art • AGMT NO. 2015-142- Carlos Kalim Quevedo- Prastein Free solo exhibit of artist George Herms & jazz musical performance at OCCA Host a series of free art workshops and exhibitions for children and adults at a location in Santa Ana. OEM $5,000 08/03/ 2016 08/03/ 2016 2. Approve staff's recommendation for fiscal year 2015 -2016 Investing in the Artist Grant Opportunity to add one additional project in the amount of $5,000; Applicant Project • AGMT NO. 2015-143- The Wooden Floor for Youth Movement Dance Free Weeks: Free dance program that serves low - income children throughout the city. Amount Amount Exp. \pproved Date 08/03/2 016 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with artists and art organizations awarded funds as part of the approved program, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Benavides SECOND: Reyna CITY COUNCIL MINUTES 25 AUGUST 4, 2015 1 OA -27 VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Pulido, Tinajero (3) 25B. AGMT NOS. 2015 -144 AND 2015 -145 - SECOND AMENDMENT TO BUSINESS IMPROVEMENT DISTRICT (BID) OPERATING AGREEMENTS (STRATEGIC PLAN NO. 3,4) — Community Development Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute the Second Amendment to the operating agreements with Downtown Inc. and the Santa Ana Business Council Inc., to increase the revolving fund account to a total amount of $40,000 for each entity, subject to non - substantive changes approved by the City Manager and City Attorney. 25C. AGMT NO. 2015 -146 - PROFESSIONAL ENGINEERING SERVICES FOR THE BRIDGE PREVENTATIVE MAINTENANCE PROGRAM (PROJECT 15 -6847) {STRATEGIC PLAN NO. 6, 1G} — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with TTG Engineers, subject to non - substantive changes approved by the City Manager and City Attorney, to provide engineering services for a one -year period expiring August 3, 2016, with provision for a one -year extension exercisable by the City Manager, for a total amount not to exceed $23,900. 25D. AGMT NO. 2015 -147 - COOPERATIVE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY TO COMPLETE CLOSEOUT OF THE AT -GRADE RAILROAD SAFETY ENHANCEMENT PROJECT (NON - GENERAL FUND) {STRATEGIC PLAN NO. 6, 1G} — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute Cooperative Agreement Number C -5 -3312 in the amount of $206,208.53 with the Orange County Transportation Authority for completion and closeout of the At -Grade Railroad Safety CITY COUNCIL MINUTES 26 AUGUST 4, 2015 1 OA -28 Enhancement Project, subject to non - substantive changes approved by the City Manager and City Attorney. 25E. AGMT NO. 2015 -148 - ENTERTAINMENT SERVICES FOR FIESTAS SANTA ANA {STRATEGIC PLAN NO. 5, 5C} — Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Bobby Nava Advertising and Entertainment Agency for advertising and entertainment services for Fiestas Santa Ana in the amount of $44,000, for a term to end on September 30, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. 25F. AGMT NO. 2015 -149 - LICENSE AGREEMENT AMENDMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR PROPERTY ADJACENT TO SANTIAGO PARK WATER RESERVOIR {STRATEGIC PLAN NO. 6, 1 C} — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to a license agreement with Orange County Transportation Authority for 11,000 square feet of property adjacent to Santiago Park Water Reservoir for $796 plus a CPI increase each year for a one -year term with automatic renewals until terminated, subject to non - substantive changes approved by the City Manager and City Attorney. 25G. AGMT NO. 2015 -150 - MEMORANDUM OF UNDERSTANDING WITH THE CONFIDENTIAL ASSOCIATION OF SANTA ANA {STRATEGIC PLAN NO. 7, 6} — Personnel Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding with the Confidential Association of Santa Ana, subject to non - substantive changes approved by the City Manager and City Attorney, regarding wages and other terms and conditions of employment for a two -year period beginning on July 1, 2015 and ending June 30, 2017. 25H. AGMT NO. 2015 -151 - MEMORANDUM OF UNDERSTANDING WITH THE SANTA ANA MANAGEMENT ASSOCIATION {STRATEGIC PLAN NO. 7, 6} — Personnel Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding with the Santa Ana CITY COUNCIL MINUTES 27 AUGUST 4, 2015 LLl m�' Management Association, subject to non - substantive changes approved by the City Manager and City Attorney, regarding wages and other terms and conditions of employment for a two -year period from July 1, 2015 to June 30, 2017. 251. AGMT NO. 2015 -152 - MEMORANDUM OF UNDERSTANDING WITH THE POLICE MANAGEMENT ASSOCIATION {STRATEGIC PLAN NO. 7, 6) — Personnel Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding with the Police Management Association, subject to non - substantive changes approved by the City Manager and City Attorney, regarding wages and other terms and conditions of employment for a two -year period ending June 30, 2017. 25J. AGMT NO. 2015 -153 - MEMORANDUM OF UNDERSTANDING WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION, PART -TIME CIVIL SERVICE UNIT {STRATEGIC PLAN NO. 7, 61 — Personnel Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding with the Service Employees International Union representing the Part -Time Civil Service Unit, subject to non - substantive changes approved by the City Manager and City Attorney, regarding wages and other terms and conditions of employment for a two -year period from July 1, 2015 to June 30, 2017. 25K. AGMT NO. 2015 -154 - GRANT PROJECT AND FISCAL COORDINATOR SERVICES {STRATEGIC PLAN NO. 1, 3B }— Police Department MOTION: Authorize the City Manager and the Clerk of the Council to execute a three -year professional services agreement for on -site project and fiscal grant management services with Willdan Homeland Solutions, for the period of September 1, 2015 through August 30, 2018, in an amount not to exceed $405,000, subject to non - substantive changes approved by the City Manager and City Attorney. 25L. ON -CALL RIGHT -OF -WAY SPECIALTY SERVICES (NON - GENERAL FUND) (STRATEGIC PLAN NO. 6, 1 G) — Public Works Agency CITY COUNCIL MINUTES 28 AUGUST 4, 2015 1 OA -30 25M. MOTION: Authorize the City Manager and Clerk of the Council to execute eleven on -call right -of -way specialty service agreements with the firms listed below to perform the activities listed, subject to non - substantive changes approved by the City Manager and City Attorney, each for three -year terms expiring August 4, 2018, with provisions for one, two -year renewal option exercisable by the City Manager and City Attorney, for a total not -to- exceed amount listed for each firm over the entire life of the agreement, including any renewal period: Service / Firm Amount (A) Real Property Appraisal Services $300,000 1. AGMT NO. 2015 -155 - Kiley Company $200,000 2. AGMT NO. 2015 -156 - Lidgard & Associates $200,000 (B) Furniture, Fixtures, and Equipment (FF &E) Appraisal Services 3. AGMT NO. 2015 -157 - DMA $200,000 4. AGMT NO. 2015 -158 - Hjelmstrom & Associates $200,000 (C) Business Goodwill Appraisal Services 11. AGMT NO. 2015 -165 - Overland, Pacific & Cutler 5. AGMT NO. 2015 -159 - Donna Desmond $200,000 Associates 6. AGMT NO. 2015 -160 - DMA $200,000 (D) Acquisition and Relocation Services 7. AGMT NO. 2015 -161 - Epic Land Solutions $300,000 8. AGMT NO. 2015 -162 - Overland, Pacific & Cutler $300,000 (E) Right -of -Way Program Management Services 9. AGMT NO. 2015 -163 - CivilSource $200,000 (F) Right -of -Way Property Management Services 10. AGMT NO. 2015 -164 - Paragon Partners $200,000 11. AGMT NO. 2015 -165 - Overland, Pacific & Cutler $200,000 ON -CALL ENGINEERING SERVICES (NON- GENERAL FUND) {STRATEGIC PLAN NO. 6,1G) — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute ten on -call engineering services agreements with the firms listed below, subject to non - substantive changes approved by the City Manager and City Attorney, each for two -year terms expiring August 4, 2017, with provisions for up to two, one -year renewal options exercisable by the City Manager and City Attorney, for a total not -to- exceed amount of $250,000 for each firm over the entire life of the agreement, including any renewal period: • AGMT NO. 2015 -166 - Harris & Associates • AGMT NO. 2015 -167 - Psomas • AGMT NO. 2015 -168 - Willdan CITY COUNCIL MINUTES 29 AUGUST 4, 2015 1 OA -31 • AGMT NO • AGMT NO • AGMT NO • AGMT NO • AGMT NO • AGMT NO • AGMT NO 2015 -169 — AECOM 2015 -170 - Michael Baker (RBF) 2015 -171 - Kimley -Horn 2015 -172 - Stantec Consulting Services 2015 -173 - Mark Thomas & Company 2015 -174 - VA Consulting 2015 -175 - KPFF The total aggregate for all ten agreements shall not exceed $2,500,000 over the length of the agreements and is anticipated to be utilized based on the City's approved Capital Improvement Program budgets. 25N. AGMT NO. 2015 -176 - FEASIBILITY STUDY AND ACQUISITION SUPPORT TO PURCHASE THE STREET LIGHT SYSTEM FROM SOUTHERN CALIFORNIA EDISON (RFP NO. 15053) {STRATEGIC PLAN NO. 6, 1 C) — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Tanko Lighting, Inc., the lowest responsible bidder, subject to non - substantive changes approved by the City Manager and City Attorney, to conduct a feasibility study and provide acquisition support to purchase the Citywide street light system from Southern California Edison, for a two -year term expiring on August 4, 2017, with a provision for one, one -year extension exercisable by written authorization of the City Manager and City Attorney, for a maximum term of three years, in a total amount not to exceed $267,313. LAND USE MATTERS CONDITIONAL USE PERMIT /VARIANCES 31 A. CONDITIONAL USE PERMIT NO. 2015 -14 TO ALLOW A 50 -FOOT HIGH WIRELESS FACILITY FOR VERIZON AT 3420 SOUTH BRISTOL STREET - VINCULUMS SERVICES INC., APPLICANT {STRATEGIC PLAN NO. 3, 2} — Planning and Building Agency Planning Commission approved recommended action on July 13, 2015, by a vote of 7 -0. MOTION: Receive and file. CITY COUNCIL MINUTES 30 1 OA -32 AUGUST 4, 2015 31 B. VARIANCE NO. 2015 -05 TO ALLOW ADDITIONAL WALL SIGNS ON THE PRIMARY ELEVATION FOR SMART & FINAL LOCATED AT 1308 WEST EDINGER AVENUE - NEIL McNAUGHT, APPLICANT {STRATEGIC PLAN NO. 3, 21 — Planning and Building Agency Planning Commission approved recommended action on July 13, 2015, by a vote of 7 -0. MOTION: Receive and file. TENTATIVE PARCEL /TRACT MAPS 32A. TENTATIVE TRACT MAP NO. 2015 -02 (COUNTY MAP NO. 17636) AND INCLUSIONARY HOUSING AGREEMENT TO ALLOW A SUBDIVISION FOR 79 CONDOMINIUM UNITS AT 1010 SOUTH HARBOR BOULEVARD - SANTA ANA 5, LLC, APPLICANT (STRATEGIC PLAN NOS. 3, 2; 3, 5; 5, 3; 5, 4) — Planning and Building Agency Planning Commission approved recommended action on July 13, 2015 by a vote of 7 -0. MOTION: 1. Receive and file the staff report approving Tentative Tract Map No. 2015 -02 (County Map No. 17636) as conditioned. 2. AGMT NO. 2015 -177 - Authorize the City Manager and Clerk of the Council to execute an Inclusionary Housing Agreement with Santa Ana 5, LLC. 32B. VESTING TENTATIVE TRACT MAP NO. 2015 -01 (COUNTY MAP NO. 17786) AND INCLUSIONARY HOUSING AGREEMENT TO ALLOW A SUBDIVISION FOR INDIVIDUAL LOTS AT 520 SOUTH HARBOR BOULEVARD — TODD COTTLE, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 3, 5; 5, 3; 5, 41 — Planning and Building Agency Planning Commission approved recommended action on June 22, 2015 by a vote of 6 -0 (Mill absent). MOTION: 1. Receive and file the staff report approving Vesting Tentative Tract Map No. 2015 -01 as conditioned. 2. AGMT NO. 2015 -178 - Authorize the City Manager and Clerk of the Council to execute an Inclusionary Housing Agreement with 520 CITY COUNCIL MINUTES 31 AUGUST 4, 2015 1 OA -33 South Harbor, LLC for the payment of an in -lieu fee for a residential development. 32C. TENTATIVE PARCEL MAP NO. 2015 -01 AND SPECIAL USE PERMIT NO. 2015 -01 TO SUBDIVIDE AN EXISTING COMMERCIAL COMPLEX INTO EIGHT AIR -RIGHT CONDOMINIUM UNITS AT 1540 EAST WARNER AVENUE - PETER CHENG, APPLICANT {STRATEGIC PLAN NO. 3, 2} — Planning and Building Agency Planning Commission approved recommended action on June 22, 2015 by a vote of 6 -0 (Mill absent). MOTION: Receive and file * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS ORDINANCES /FIRST READING 50A. ORDINANCE AMENDING SECTION 1 -8 OF THE SANTA ANA MUNICIPAL CODE RELATING TO MUNICIPAL CODE VIOLATIONS AND GENERAL PENALTIES {STRATEGIC PLAN NO. 1, 1} — City Attorney's Office MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2882 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 1, SECTION 1 -8 OF THE SANTA ANA MUNICIPAL CODE RELATING TO VIOLATIONS AND GENERAL PENALTIES MOTION: Benavides SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero, Pulido (3) CITY COUNCIL MINUTES 32 AUGUST 4, 2015 1 OA -34 RESOLUTIONS 55A. HISTORIC PROPERTY PRESERVATION AGREEMENT FEE REDUCTION AND PRIVATE PARTY NOMINATION TO SANTA ANA REGISTER OF HISTORICAL PROPERTIES FEE WAIVER {STRATEGIC PLAN NOS. 5, 2; 5, 3 — Planning & Building Agency MOTION: Adopt a resolution. RESOLUTION NO. 2015 -039 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXTENSION OF A WAIVER OF THE APPLICATION FEE FOR THE PRIVATE PARTY NOMINATIONS OF PROPERTIES TO THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AND MODIFICATION OF MILLS ACT AGREEMENTFEES MOTION: Benavides SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero, Pulido (3) 55B. ADOPT A GOVERNMENT TORT CLAIMS PROCEDURE AND AUTHORIZE CITY STAFF TO SETTLE LIABILITY CLAIMS AND PENDING ACTIONS THAT DO NOT EXCEED $25,000 {STRATEGIC PLAN NO. 4) {STRATEGIC PLAN NO. 4) — Personnel Services Agency MOTION: Adopt resolutions. RESOLUTION NO. 2015 -040 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A GOVERNMENT TORT CLAIMS PROCEDURE; RESOLUTION NO. 2015 -041 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING CITY STAFF TO SETTLE CLAIMS OR PENDING ACTIONS AGAINST THE CITY THAT DO NOT EXCEED TWENTY -FIVE THOUSAND DOLLARS ($25,000), INCLUDING WORKERS' COMPENSATION CLAIMS AND REPEALING RESOLUTION 81 -203 AND RESOLUTION 89 -093. MOTION: Benavides SECOND: Amezcua CITY COUNCIL MINUTES 33 AUGUST 4, 2015 1 OA -35 VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero, Pulido (3) 55C. ESTABLISH A CITY COUNCIL SPECIAL EVENT SPONSORSHIP POLICY AND GUIDELINES FOR DISBURSEMENT OF DISCRETIONARY FUNDS {STRATEGIC PLAN NO. 5, 4} — City Manager's Office MOTION: Adopt a resolution. RESOLUTION NO. 2015 -042 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A CITY SPECIAL EVENT SPONSORSHIP POLICY AND GUIDELINES FOR DISBURSEMENT OF DISCRETIONARY FUNDS MOTION: Benavides SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero, Pulido (3) 55D. AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT AGREEMENTS REQUIRED BY ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO. 00289S (NON- GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 G) — Public Works Agency MOTION: 1. Adopt a resolution. RESOLUTION NO. 2015 -043 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE ALL PROGRAM SUPPLEMENT AGREEMENTS REQUIRED BY ADMINISTERING AGENCY -STATE MASTER AGREEMENT FOR STATE FUNDED PROJECTS BETWEEN THE CITY COUNCIL MINUTES 34 AUGUST 4, 2015 1 OA -36 CITY OF SANTA ANA AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 2. AGMT NO. 2015 -179 - Authorize the City Manager and Clerk of the Council to execute an agreement with California Department of Transportation subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Amezcua SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero, Pulido (3) 55E. CONSENTING TO THE INCLUSION OF SANTA ANA PROPERTIES IN THE YGRENE WORKS FINANCING PROGRAMS {STRATEGIC PLAN NOS. 5, 2; 3, 5) — Public Works Agency MOTION: 1. Adopt resolutions. RESOLUTION NO. 2015 -044 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA HOME FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2014 -1 (CLEAN ENERGY) TO FINANCE RENEWABLE ENERGY IMPROVEMENTS, ENERGY EFFICIENCY AND WATER CONSERVATION IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY RELATED THERETO RESOLUTION NO. 2015 -045 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA HOME FINANCE AUTHORITY PROGRAM TO FINANCE RENEWABLE ENERGY GENERATION, ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY RELATED THERETO CITY COUNCIL MINUTES 35 AUGUST 4, 2015 1 OA -37 2. AGMT NO. 2015 -180 - Approve Associate Membership in the California Home Finance Joint Exercise of Powers of Authority and authorize the appropriate City officials to execute any necessary documents to effectuate such membership to assist property owners within the incorporated area of the City in financing the cost of installing authorized improvements. MOTION: Benavides SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero, Pulido (3) 55F. RESOLUTION, APPROPRIATION ADJUSTMENT, AND SUBGRANT AGREEMENT ACCEPTING FEDERAL WORKFORCE INNOVATION AND OPPORTUNITY ACT TITLE I FUNDS FOR PROGRAM YEAR 2015- 2016 (STRATEGIC PLAN NO 2, 4) - Community Development Agency MOTION: Matter continued to the September 1, 2015 City Council Meeting (due to insufficient number of qualified votes to consider matter). MOTION: Sarmiento SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero, Pulido (3) REPORTS 65A. PROPOSED CITY COUNCIL RETREAT AGENDA FOR AUGUST 18, 2015 {STRATEGIC PLAN NO. 1 -7)- City Manager's Office MOTION: Review the proposed City Council Retreat agenda for August 18, 2015 and direct staff to modify as desired. MOTION: Benavides SECOND: Sarmiento CITY COUNCIL MINUTES 36 AUGUST 4, 2015 1 OA -38 VOTE: AYES NOES: ABSTAIN: ABSENT PUBLIC HEARINGS Amezcua, Benavides, Reyna, Sarmiento (4) None (0) None (0) Martinez, Tinajero, Pulido (3) 75A. AGENDA ITEM TAKEN OUT OF ORDER 75B. AGENDA ITEM TAKEN OUT OF ORDER 75C. ORDINANCE ADOPTING EXPEDITED SOLAR PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS {STRATEGIC PLAN NO. 3, 3; 5, 2)- Planning & Building Agency Legal notice published in The Notice (LASOC) on July 24, 2015. MOTION: Matter continued to the September 1, 2015 City Council Meeting, at the request of the City Council. MOTION: Sarmiento SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero, Pulido (3) 75D. RESOLUTION SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS AS IT RELATES TO THE CALIFORNIA BUILDING CODE AND ORDINANCE MODIFYING DEFINITION OF HIGH -RISE STRUCTURE /BUILDING - AMENDING CHAPTERS 8 AND 14 {STRATEGIC PLAN NO. 3, 3C) - Planning & Building Agency Legal notice published in The Notice (LASOC) on July 24, 2015. Staff report presented by Executive Director of Planning and Building Haghani CITY COUNCIL MINUTES 37 AUGUST 4, 2015 1 OA -39 Mayor Pro Tern Sarmiento opened the hearing. There were no speakers and the Hearing closed. Councilmember Benavides, asked how matter had come about. Executive Director, Haghani, noted that it was a clean -up effort in collaboration with the Orange County Fire Authority. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2015 -046 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF SANTA ANA WHICH JUSTIFY CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING CODE AS AMENDED BY THE STATE OF CALIFORNIA 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2883 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE DEFINITION OF A HIGH -RISE STRUCTURE /BUILDING MOTION: Benavides SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero, Pulido (3) 75E. RESOLUTION TO ADOPT PENALTIES FOR NONCOMPLIANCE WITH WATER CONSERVATION TARGETS DURING PHASE 2 WATER SHORTAGE PERIOD {STRATEGIC PLAN NOS. 6, 1H; 5, 2; 5, 6F — Public Works Agency Legal notice published in The Notice (LASOC) on July 24, 2015. Staff report presented by Nabil Saba. CITY COUNCIL MINUTES 38 AUGUST 4, 2015 1 OA -40 Mayor Pro Tern Sarmiento opened the hearing. There were no speakers and the Hearing closed. Councilmember Reyna shared with the community that water conservation targets have been met; thanked the community for efforts. MOTION: Adopt a resolution RESOLUTION NO. 2015 -047 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING PENALTIES FOR NONCOMPLIANCE WITH WATER CONSERVATION TARGETS DURING PHASE 2 WATER SHORTAGE PERIOD MOTION: Reyna SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Reyna, Sarmiento (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero, Pulido (3) CITY COUNCIL RECESSED AT 9:35 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED AT 9:36 P.M. WITH SAME MEMBERS PRESENT. COMMENTS PUBLIC COMMENTS • Michael Klubokin, commented that Mr. Tseglin lost his son to conservatorship process; concerned with corruption at the County of Orange. • Ilya Tseglin, requested assistance in visiting his son who is at the hospital. • Madeline Spencer, commented on clean and safe funding and asked if there was duplication since the Downtown Inc and Santa Ana Business Council is receiving funds through Strategic Plan. 90A. CITY MANAGER'S COMMENTS • Water reduction targets met; • 5k run scheduled for August 29, 2015; and • Traffic safety event held at Jerome Park; thanked Police Department for efforts. CITY COUNCIL MINUTES 39 AUGUST 4, 2015 1 OA -41 90B. CITY COUNCILMEMBER COMMENTS Councilmember Amezcua: • Thanked Executive Director of Planning and Building Agency Haghani for initiative to bring Housing Opportunity Ordinance and innovation; and • Thanked businesses and residents for meeting water target and staff for implementation policy. Councilmember Reyna: • Asked all to continue to conserve water; • Noted that 80 students will participate in upcoming Catalina field trip; • Invited all to participate in 5K event; • Reported that Regency Theater offers throwback movies on Wednesdays; • Encouraged all to shop in Santa Ana; and • Commented that school almost back in session; on -line tutoring offered at Lend a Hand. Councilmember Benavides: • Commented on National Night Out; • Commented on Housing Opportunity Ordinance — commitment by the City to offer market rate housing and invest in areas of need; • Support our local economy — shop Santa Ana; and • Adjourn in memory of Gil Marrero who devoted so much in the downtown; grateful for his many contributions. Mayor Pro Tern Sarmiento: • Reflected on 25`h anniversary of ADA supreme court ruling — intended to prohibit discrimination to those with disabilities; support equity; thanked advocates; • Congratulated Bolivian community on upcoming Independence Day; and • Adjourn in memory of Gil Marrero and Oldrich Unger. ADJOURNED - Maria Huizar, Clerk of the Council 9:59 p.m. — The next meeting of the City Council is scheduled for Tuesday, August 18, 2015 at 5:00 p.m. in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of Gilbert P. "Gil' Marrero and Oldrich Unger FUTURE AGENDA ITEMS • Mater Del High School Parking Structure and School Expansion Project • Community Engagement Plan • Conflict and Interest Code Review CITY COUNCIL MINUTES 40 1 OA -42 AUGUST 4, 2015 MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD AUGUST 18, 2015 1 OA -43 1 OA -44 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE INVOCATION AUGUST 18, 2015 REGULAR OPEN MEETING COUNCIL CHAMBER 60 CIVIC CENTER PLAZA SANTA ANA, CA 5:16 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:21 p.m.) VINCENT F. SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA COUNCILMEMBERS Absent: SAL TINAJERO STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO CURTIS SMITH, CHAPLAIN PUBLIC COMMENT • Alfredo Amezcua, thanked the City Council for favorable budget forecast and discussion of programs and services with surplus funds. • Francine Harris, member of the Santa Ana Senior Club, requested funds for Birch Park preservation including installation of a wrought iron fence and restroom improvements. • Darrell White, resident of Riverview Neighborhood Association, requested approval of deferred maintenance improvements at Riverview Park in excess of $1 million. • Chris Schmidt, requested consideration for increased staffing at City Hall. • Cesar Plascencia, representing Santiago Little League, commented on vast uses of City parks including soccer and church events; supports improvements. CITY COUNCIL MINUTES 10 1 AUGUST 18, 2015 CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Agenda Items 20A through 20C. MOTION: Sarmiento SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Pulido, Martinez, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) MISCELLANEOUS ADMINISTRATION 19A. EXCUSED ABSENCES — Clerk of the Council Office MOTION: Excuse the absence of Councilmember Tinajero from the August 18, 2015 City Council Meeting. MOTION: Reyna VOTE: AYES: NOES: ABSTAIN: ABSENT: APPROPRIATION ADJUSTMENTS SECOND: Amezcua Amezcua, Benavides, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) Pulido, Martinez, 20A. APPROPRIATION ADJUSTMENT AND AGREEMENT WITH RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT FOR REIMBURSEMENT OF A LAND CONVERSION EVALUATION CRITERIA STUDY {STRATEGIC PLAN NO. 5, 4A} - Parks, Recreation and Community Services Agency MOTION; 1. AGMT NO. 2015 -182 - Authorize the City Manager and Clerk of the Council to execute an agreement with Rancho Santiago Community CITY COUNCIL MINUTES 2 AUGUST 18, 2015 1 OA -46 College District in an amount of $334,000, for a term to expire when the City is fully reimbursed for the expenses or mutually agreed upon by both parties, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015 -018 - Recognizing funds in the amount of $334,000 in the Recreation /Community Services Acquisition and Development revenue account and appropriating the same amount to the Recreation /Community Services Acquisition and Development expenditure accounts. 20B. APPROPRIATION ADJUSTMENT ACCEPTING EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS {STRATEGIC PLAN NO. 1, 3B} - Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016 -022 Recognizing supplemental Edward Byrne Memorial Justice Assistance Grant funding for the following fiscal year(s) 2011 - 2012 - $12,687, 2012 - 2013 - $11,543, and 2013 - 2014 - $11,358; totaling $35,588 into the Byrne Justice Assistance revenue account and appropriate same to expenditure account. 20C. INCREASE CONTINGENCY AND APPROPRIATION ADJUSTMENTS FOR GRAND AVENUE ROADWAY AND STORM DRAIN IMPROVEMENTS PROJECT (PROJECT NOS. 081732 and 126604) {STRATEGIC PLAN NOS. 6, 1 B, 1 C, 1 G) - Public Works Agency MOTION: 1. Increase the contingency for construction of the Grand Avenue Roadway and Storm Drain Improvements from First Street to Fourth Street by $250,000, which increases the total estimated construction delivery to $4,183,432.39. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016 -021 - Recognize expense reimbursement from Southern California Edison in the amount of $42,961.27 into the Measure M Street Construction revenue account and appropriate the funds in the Measure M2 Local Fairshare expenditure account. 3. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 10 3 AUGUST 18, 2015 APPROPRIATION ADJUSTMENT NO. 2016 -021 - Appropriate $50,000 from the Public Works Storm Drain Construction revenue account to the Public Works Storm Drain Construction expenditure account. BUSINESS CALENDAR ITEMS RESOLUTIONS 55A, RESOLUTION, APPROPRIATION ADJUSTMENT, AND SUBGRANT AGREEMENT ACCEPTING FEDERAL WORKFORCE INNOVATION AND OPPORTUNITY ACT TITLE I FUNDS FOR PROGRAM YEAR 2015 -2016 {STRATEGIC PLAN NO 2, 41 - Community Development Agency MOTION: 1. Adopt a resolution. RESOLUTION NO. 2015 -048 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A SUBGRANT AGREEMENT AND ALL NECESSARY DOCUMENTS TO RECEIVE FUNDS FOR THE WORKFORCE INNOVATION AND OPPORTUNITY ACT WITH THE STATE OF CALIFORNIA, WORKFORCE SERVICES DIVISION, THROUGH PROGRAM YEAR 2018 2. AGMT NO. 2015 -183- Authorize the City Manager and Clerk of the Council to execute the sub -grant agreement and all necessary documents with the State of California Employment Development Department, for a period from April 1, 2015 to June 30, 2017, for an amount of $1,136,469.00. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016 -019 - Recognizing an additional $13,554 of Workforce Innovation and Opportunity Act Youth funds in the revenue account and appropriating the same in expenditure accounts. MOTION: Martinez VOTE: AYES NOES: SECOND: Reyna Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) None (0) CITY COUNCIL MINUTES 4 AUGUST 18, 2015 1 OA -48 ABSTAIN ABSENT: None (0) Tinajero (1) 55B. RESOLUTION AUTHORIZING EXECUTION OF CERTAIN DOCUMENTS REQUIRED BY THE CALIFORNIA BOARD OF EQUALIZATION TO COLLECT THE CITY'S UTILITY USERS' TAX ON PREPAID WIRELESS SERVICE {STRATEGIC PLAN NO. 4, 3A} — Finance and Management Services Agency MOTION: 1. Adopt resolution. RESOLUTION NO. 2015 -049 - A RESOLUTION OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO EXECUTE CERTAIN DOCUMENTS REQUIRED BY THE CALIFORNIA BOARD OF EQUALIZATION TO COLLECT THE CITY'S UTILITY USERS' TAX ON PREPAID WIRELESS SERVICE 2. AGMT NO. 2015 -184 - Authorize the City Manager and Clerk of the Council to execute a Local Charge Agreement with the California Board of Equalization, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Attorney and Clerk of the Council to execute an accompanying certification statement required by the California Board of Equalization, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Amezcua VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) None (0) None (0) Tinajero (1) CITY COUNCIL MINUTES 10A5w e AUGUST 18, 2015 ADMINISTRATIVE MATTERS 60A. COUNCIL RETREAT — City Manager's Office Primary goal is to discuss and obtain consensus on City Council priorities. An overview of the Charter requirements for unencumbered revenue and savings will be provided — i.e. 2/3 Council majority requirement. To is 1. Surplus Determination Process 2. Schedule for Allocations 3. Review of Individual Councilmember Priorities 4. Overview of Deferred Maintenance, Capital Improvement and Vehicle Replacement Needs 5. Technology Study /Needs — Budget Options 6. General Plan — Branding /Metro East Planning 7. Roundtable — Discussion of Priorities Presenter David Cavazos, City Manager • Francisco Gutierrez, Exec. Dir., Finance & Mgmt. Services • Jorge Garcia, Sr. Management Assistant, City Manager's Office • Gerardo Mouet, Exec. Dir., Rec., Parks & Comm. Services; • Fred Mousavipour, Exec. Dir., Public Works; • Francisco Gutierrez, Exec. Dir., Finance & Mgmt. Services • Robert Cortez, Special Assistant to the City Manager; • Roy Hernandez, President, Third Wave Corp. • Hassan Haghani, Exec. Dir., Planning & Building; • Kelly Reenders, Exec. Dir., Community Development • City Council CITY COUNCIL MINUTES 6 AUGUST 18, 2015 1 OA -50 PURPOSE • Primary goal is to discuss and obtain consensus on City Council Priorities. • An overview of the Charter Requirements for unencumbered revenue and savings will be provided. AGENDA Surplus Determination Process David Cavazos 5min Schedule far Allocations Francisco Gutierrez 2 min Review of Individual Councilmember Priorities Jorge Garcia 7 min Overvlew of Deferred Maintenance. Capital Fred Mousavipour 25 min Improvement and Vehicle Replacement Gerardo Mouet Francisco Gutlerrez Needs Technology Study /Needs - Budget Options Robert Cortez 10min Roy Hernandez General Plan - Branding Needs / Metro East Hassan Haghani 10 min Planning Kelly Reenders Roundtable -City Council Discussion of Priorities Mayor and City Council 3060 min 3 THANK YOU • Thank you Mayor & Councilmembers for your faith and confidence in the City's management team & City employees • Thank you for your leadership & for believing in a positive outlook for the City! CITY COUNCIL MINUTES 10 7 AUGUST 18, 2015 1 David Cavazos City Manager s GENERAL FUND FORECAST September 2013 a 6 u�o s.n W W" sM• w" uN vN POSITIVE CHANGES The modernization of the Utility User's Tax ordinance passed with 75% of approval - solidified our 41h largest General Fund revenue source In fact, all of our top 6 revenues have increased by an average of 8.8% over the last 3 years By achieving our reserve level of 20% ($45.3M), we saved millions of dollars ($10.5M) in refinancing costs We solved our jail deficit by negotiating an increase in the per diem rate from $80 to $105 (approximately a 31% increase in the per diem rate) CITY COUNCIL MINUTES 8 AUGUST 18, 2015 1 OA -52 POSITIVE CHANGES • Established a culture of innovation and efficiency and stipulated a 1% "Innovation & Efficiency" saving across the board - Equates to approximately $1.4M annual General Fund savings • Added a total of approximately $20M to our General Fund budget since FY 13 -14 • Achieve a combined total of approximately $25M in surplus over the last two fiscal years. This year's surplus estimated to be at least $10M • Result: B GENERAL FUND REVISED FORECAST Sus n � aso \\ uvo szss °z mo sm: smo — Revenues --Expenditures M, eia ,.m sus ,ow v „e ,ye * Current Projected Year -End Revenue FY 14/15 01E4 FY 13 -14 SURPLUS ALLOCATION r. Total Revenues $ 205,741,000 $ 211,499,355 Total Expendhures $ 205,741,000 $ 197,715,980 ®® Final surplus amount: $13,783,375. Highlights: 1) Achieved the 20% General Fund Reserve Level of $40.$FA 2) Assl9ned to po(eds41,960,000: a) General Plan (including 20-yr Vision Plan & Zoning Ordinance)4750,000 b) Community Development Block Grant (General Fund Assistance) 4340,000 c) I.F. Assessment & Relocafion- $320,000 d) Council Chambers & 81h Floor Improvements - $300,000 e) Economic Development Plan- $250,000 v to CITY COUNCIL MINUTES 10 9 AUGUST 18, 2015 CONTINUED ACCOMPLISHMENTS Top 6 Revenue Sources continue to experience positive growth Continued to maintain the 20% General Fund reserve /economic uncertainty level at $45.3M Made significant progress in several areas of the Strategic Plan -$3.OM in funding Obtained over $14.OM in Grant funding Added over 80 positions since FY 13-14 Presented a balanced Trial Budget in March 2015 - 3 months prior to Charter requirements CONTINUED ACCOMPLISHMENTS Developed the Medical Marijuana Dispensaries (MMD)Enforcement Plan: - 5 Police Officers & 1 Police Sergeant -$1.5M - 2 Community Preservation Inspectors-$253k - I Revenue & Contract Compliance Examiner -$125k - 1 Assistant City Attorney & additional funding for contractual services -$252k - In total, the City added over $2.OM in funding for the MMD Enforcement Plan Conducted Community Budget Hearings & One -on -One meetings with Councilmembers to seek input on the development of the FY 15 -16 Budget Adopted a balanced General Fund FY 15 -I6 Budget of $225.8M Identified funding for increased employee compensation (2.5 %) ;trams or services INNOVATION & EFFICIENCIES • Refinanced Police Department Jail and Water Enterprise debt service to save millions in financing costs ($10.5M) • Installed new parking meters with improved technology in the Downtown area • Achieved cost recovery in Jail Operations (approximately 31% increase in per diem rate) • Consolidated all public front counter services to the 1 It floor of City Hall to improve customer service experience 0 CITY COUNCIL MINUTES 10 AUGUST 18, 2015 1 OA -54 INNOVATION & EFFICIENCIES Established the receivership program to assist neighborhoods and allow for cost recovery of incurred legal fees and staff costs Installed a 24 -hour payment kiosk at City Hall Developed Online application for CDBG, ESG, building permits and business license fees Developed the Information Technology Assessment & Master Plan CITY CHARTER REG ISonto Ana City Charter) Sec. 609 - Budget Appropriations (Year -End Balance). From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several offices, agencies, and departments for the respective objectives and purposes therein specified as stated in an appropriation ordinance. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. Sec. 609 - Budget Appropriations (Voting Requirements). At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least two- thirds (213) of the members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget. IS FY 14 -15 PROJECTED YEAR -END SURPLUS Total General Fund Current Year investments: • Invested in our City workforce: Filled 95 positions • Invested in our technological future: Completed IT Assessment /began Implementation • Invested in our community's safety: Added 15 additional Police Officers /developed MMD enforcement plan • Invested in economic development: Continued retention & support for major companies; made significant progress on the Economic Development Strategic Plan • Invested in customer service: consolidated all public front counter services to the I.t floor/ installed a 24 -hr payment kiosk /developed online applications for CD8G, ESG, building permits & business licenses Current estimates for the year -end balance / surplus is approximately: +$10,005,128 Total of approximately $25M over two years (More investments) 16 CITY COUNCIL MINUTES 104-55 AUGUST 18, 2015 ayi' Francisco Gutierrez -� Executive Director- Finance and Management Services P v ALLOCATION SCHEDULE June 2015: End of the Fiscal Year July 2015: The process of determining revenue & expenditure accruals commences during the months of July through September - All revenues received in July will be accrued back to the previous fiscal year IFY 14-15) - All services rendered, outstanding invoices, & continuing expenses that should be recorded for FY 14 -15 will be accrued back to the previous fiscal year August 2015: Final determination of accrued revenues - Alf revenues received in August will be accrued back to the previous fiscal year (FYI 4 -15) - Ex: The Board of Equalization releases the Sales Tax allocation for the months of May and June (FY 14-15) ALLOCATION SCHEDULE • September 2015: Final determination of accrued expenses - Also, preliminary surplus amount determined October 2015: Adjustments are finalized and posted - Final Council Approval of Surplus Funds December 2015: Issuance of audit opinion CITY COUNCIL MINUTES 12 AUGUST 18, 2015 1 OA -56 SURPLUS - NEXT STEPS SepNmbn 2015: Gpendilun bccounh n oboe out S.,Wnbat l5: 11.1 5urylus discussion AUG. SEPT. Au0u,IM15: All May 5 cocoons .1. rvetl .no cl.s.dbut . August 10: City Council $urplm in" discussion Deennbn 2m5: elnal bObn o b be no Onarob. nrwlb.e Any nmainin, babnce aver Me $IOM ellocoMOn to be aPVmVMIee OCT. DEC. bobber M Council opprornf lSurplus Allocafiun Ocbba 2015: htlMMwy APnopdabons AVgutl M me b c0poale $10M M Jorge Garcia Senior Management Assistant - City Manager's Office COMMUNITY DEVELOPMENT AGENCY z2 CITY COUNCIL MINUTES 1 OX 57 AUGUST 18, 2015 CITY MANAGER'S OFFICE Type of Request Description Additional Provide for any needed gap funding for the Standard /McFadden lot Additional Explore opportunities for Wlllowick Golf Course Requested Revisit funding for deferred maintenance and capital projects through "the Additional percent of budget strategy" recommended by the City Manager that would Requested provide annual funding in the City budget Additional. Pursuit of a homeless shelter Council Wellness Strategies- Signage far Plaza Caile Cuatro and Calle Cuatro Street Action Signs PLANNING AND BUILDING AGENCY Type of Request Requested Description Funding for completion of the General Plan within two years I$2 million) Requested Complete Metro East extension Grand to 5 FWY )$100k) Requested Development of a Branding and visioning Concept $250k RECREATION, PARKS AND COMMUNITY SERVICES Type of Request Description Requested Would like staff to provide options to extend the bike trail from Bristol to the River trail ($300k) Requested Ensure funding for Park maintenance with Riverview as an Identified park ($96k) Requested Complete or finish Santiago Creek Requested Develop seven Joint use agreements (SAUSD) to Include fields and classrooms $500k to Initiate program (with a total target of $3 to $4 million) Requested Explore The addition of two additional clay courts at Cabrillo tennis center Through the use of adjoining land ($4001k) Would like to ensure that all parks receive some level of deferred Requested maintenance funding with the ultimate objective of providing a safe and functional park 23 25 CITY COUNCIL MINUTES 14 AUGUST 18, 2015 1 OA -58 RECREATION, PARKS AND COMMUNITY SERVICES, CONT'D Type of Request Description Requested Identify parks that do not have restroom facilities and provide criteria for including reshooms facilities Requested Development and Identification of City assets (land) for repurposing to develop outdoor spaces where residents can gather $500k Requested Consider community projects that require minimal space or cost development Requested (minimal staffing) such as skate parks, half-court basketball courts, and packet AdditionalSupportive parks. Additional Would like to expand the number of kids participating in the Catalina Trip program Supportive of a Joint Use Program, however would like to Omit support to a few test locations and maximize the support based on need, assess the outcome, Additional and long term mutual obligations Le. currently Segerstrom High School baseball finds greater value in Items such as recarpeting bat cage, backstop turf, and dugouts vs a more costly addition of field lights ($2 -3 million) 26 PUBLIC WORKS AGENCY, SANTA ANA POLICE DEPARTMENT, PSA Type of Request Description Requested Improved directional signage as well as enhanced monument signs at City boundaries. Additional Evaluate civil service process to determine how best to expedite the hiring of new staff Requested Ensure funds to support South Main efforts as well as providing far consistent aesthetics In the areas of lamps, benches, trash receptacles, and archway AdditionalSupportive of the implementation of a body camera program ($1.3 million o,gears) Gerardo Mouet •-` =` Executive Director- Recreation, Parks and Community5ervices Uj_ CITY COUNCIL MINUTES 10 1559 AUGUST 18, 2015 i FY 15 -16 PARK IMPROVEMENT PLAN Funding the Unfunded FY 15 -16 PARK IMPROVEMENT PLAN a�w • ' •Safety • • Key & 0 • Key 8 Important Important Functions • Preventative (Making Perks Maintenance Work Better) (Wear & Tear Challenges) •$3.3M $12.8 At •$765.000 a, t4 FY 15.16 PARK IMPROVEMENT PLAN EXAMPLES BASIC - Safety First r AREA #i By Lillie King Walkway S 40,000 Ba Lillie King Security Lis s 50,000 r B3 Madison5enuity Lts 50,000 - - AREA #z Bt Memorial ACWal, t Sg000 AREA #3 1.7 B¢ Riger Security Lts is Joao Ba Hivera wC[Renov 5a,yoc B3 Riverview Park'mg Lol s 41 j B4 Santiago Bike Trail Resuf s pgoon B5 Santiago Security Lts Sg000 BE Santiago Play Equip s ayg000 30 31 WA CITY COUNCIL MINUTES 16 AUGUST 18, 2015 1 OA -60 FY 15 -16 PARK IMPROVEMENT PLAN BASIC- Safety First • AREA #4 Ba Bomo Koval SecurityLU s Vo,000 Bx Thomron Park6y lo[ Renovs 2r wo B3 BGmo Komlwalkway Rewvf aso,000 B4 Kiwanis 5ecunty Ltg s aoo,00a • AREA #S Ba Angel Reoom, Reno, f S,wo - AREA #6 Bs Centennial Harduape B: Centennial Security Lh 83 Heritage Seamy Lts BA SsnteAoit*S cLLs BS Wind.So.rily Lts B6 DYSC Field #x SynTmf Subtotal EXAMPLES um s 5eo,aoo s 45o,ROO s 5o,00e d s SoAa4 y`` s SG,000 p i6AO aoo s }a86,xoo �.s 32 FY 15 -16 PARK IMPROVEMENT PLAN EXAMPLES FUNCTIONAL- Making parks work better ft F Sa Wp.*T_ fMoK Fi feMb Perkiembh RSA F3 UBilbtt[laytartlel • fm, - ZFA�a mwWSwmryd �qw �a +• ' 9 Hemo,W Skn<Pad: fsem,� � -�T'� "t+•xv -.` . I,ad,R.,.mnmafena . >.9^Pe .1. f +f PS tMYn'anee Pn(<rty VxN 69ma a rxyK'^Pmpawlaa BOemo1 • V9000 I I anury Fa CxvCameehrena. mpw R abMmUaesun. 54_ q nm Fond. 30,® Pe Rodin sMmpYee[k e6mo 15 Sm.g eNeTra.. yl 59wa i6 Senntlege HGU.wx I ene,eetea 5maw y vada.R•�nadECw. f s4® � FY 15 -16 PARK IMPROVEMENT PLAN FUNCTIONAL- Making parks EXAMPLES work better AREA #4 Fx lewme5wlmpaolren. aSaw A Bo —Koval ReoR 3A. F3 Bonw Koval BaslmWeIl Ct f m4ow AREA #5 Ft EI Se I SM. I+N'Irenw. xy000 Fx s 6g000 rreplaa. Sudmaui.a,Mr F3 Stadium p F4 Stadium Spma 1- f Wmcnr Old, le Fs Bldg Renov, fa,5m,000 AGUAlnparker FS AImprowmnn CC Ra F6 RaittMiyrtlePmpeMlACq) f 84 }ooa AREA #6 Fa Samm AnhaP olrenov. as,wv Fx 6odinex5,oWkTvd s PS.— F3 WindwrTennk Ct S 240,000 Su 000.14 tx,6ryow 3A CITY COUNCIL MINUTES 10 17 AUGUST 18, 2015 FY 15 -16 PARK IMPROVEMENT PLAN SUSTAINABLE -Meet wear and tearchallenges • AREA ft Sr Delhi Resboom renov. s 50,000 Sz Delhi Ct Resurfacing s mpoo 53 Delhi Parking Lot resuf s n ,coo • AREA #2 St Memorial Bleachers s z5o,00c • AREA #3 Si Fisher Cabin/RR renov f Saco EXAMPLES FY 15 -16 PARK IMPROVEMENT PLAN SUSTAINABLE- Meetwearand tear challenges AREA #4 Si Bomo Koral Parking Lot $ 40,00o Se Jerome Play Equip /surfacs 4o,o00 53 Jerome Garden Fence s 2o,000 AREA #5 St Angel Court renovation s 2o,000 AREA #6 Si Centennial site furniture s 5o,000 S2 Cent. Conc. Seats Fd #4 $200,000 53 Cent. Wrought Iron Fence s So ooa Subtotal $765,000 EXAMPLE Fred Mousavipour DExecutive Director— Public Works Agency 37 36 CITY COUNCIL MINUTES 18 AUGUST 18, 2015 1 OA -62 FY 15 -16 Public Works Agency CIP /Deferred Maintenance Bundles C e A t <ale MpWNIYSame Ana '2 . SMSI'. $3M ISMSAI: $1M . SA0.tt: S 3 M Total unfunded needs far FY 15 -16 PWA Deferred Maintenance is $20.625M 1. Safe Mobility Santa Ana Ideal -$3M Functional - $2M • Substantially increase Basic -$1M safe mobility in all areas of the City Reduce vehicle speeds Minimize collision patterns Achieve zero fatal bike /pedestrian collisions STRATEGIC PLAN ALIGNMENT: Goal #6, Objective #6 y A 2. SARTC Deferred Maintenance Ideal -$4.5M Minimal upgrades since construction in 1985 Functional -$3M Basic - $2M • Building Maintenance $1.88M • Safety/ Liability $792K • Exterior/ Interior $1.66M 39 39 • Signage /Wayfinding Current 1st Floor Vacancy Rate: 76% $170K Current Average Sq. Ft. lease rate: $1.67 Potential Sq. Ft. lease rate $2.75 STRATEGIC PLAN ALIGNMENT: Goal H3, Objective #4 40 CITY COUNCIL MINUTES 10 1963 AUGUST 18, 2015 2. SARTC Goals Ideal - $4.SM Functional - $3M Basic - $21M ✓ Landmark Regional Transportation Center in O.C. ✓ Professionally Managed ✓ Attractive and Safe ✓ Full Occupancy ✓ Support Alternative Commuting Options ✓ Bike Sham Station ✓ Zip Car Attracting new tenants at current market rate creates a potential annual revenue increase of $420,000 Current Average Sq. Ft. lease rate: $1.67 Potential Sq. Ft. lease rate $2.15 STRATEGIC PLAN ALIGNMENT: Goal 413, Objective #4 3. Geospatial Information Systems - $22SK • Enhance Substandard Existing GIS Program for a city our size • Spatial Analysis of Citywide Data ✓ Infrastructure /ROW Data ✓ Qty Facilities ✓ census Data ✓ Zoning Information ✓ Permit Work Integration with Asset Management System I PLAN ALIGNMENT: Goal #6, Objective #1 4$ 4. ASSET MANAGEMENT -$1.4M Our Current Asset Tracking System Capture Infrastructure & ROW Asset Data ✓ Attributes ✓ Location ✓ Condition Essential for Citywide Operations ✓ Plan ✓ Budget ✓ Schedule ✓ Maintain /Repair /Replace STRATEGIC PLAN ALIGNMENT: Goal #6, Objective #1 4] CITY COUNCIL MINUTES 20 AUGUST 18, 2015 1 OA -64 5. Reconstruct Residential Alley— Ideal -$1.SM unctional - $750K Basic - $0 Bad Conditions - Depleted -Zero Current Funding STRATEGIC PLAN ALIGNMENT: Goal t,6, Objective pl 6. STREET MEDIAN - $10M • Water Conservation Project ✓ Citywide conversion of street medians to drought tolerant landscaping to conserve water. • High Priority Areas ✓ Gateways ✓ Destination Areas ✓ High Vehicle /Pedestrian Volume Areas • City Median Uniformity ✓ Additional funding to convert remaining medians STRATEGIC PLAN ALIGNMENT: Goal 115, Objective N2 • General Maintenance • Timely Delivery of Services • Property Value • Aesthetics • Access to Properties as dilun, 46 CITY COUNCIL MINUTES 1 ok-65 AUGUST 18, 2015 FY 15 -16 PWA Deferred Maintenance Needs M pNOIER AMOUM IUSTFICATION I Safe Mob IlIsparta An a $3.0M Multlmodal transportation safety features aimed at reducing collisions Involving ISaval petlertdam and cycles 1 The Dept e Det ISARTCt $A'SM Essential deferred maintenance attract and retain quality businesses and transform to Deferred Maintenance SARTC into a destination location for travelers and the community Improve data capture and quality for use in project design, asset management, public 3 GIS Development $225K information, and planning; improve staff /Gublicinterfacelst for staff analysis and publicself -serve Capture Infrastructure and other Hal way asset attributes, location, and condition Asset Management $1.4 M to determine to plan, budget, sche dule , and perform effective and efiitlent System maintenance 5 truc[Pesitlenlial $1.5M Restore to intended level of- service and reduce potential liability claims Alloys Alleys 6 Sireet Median $10 As Water Conservation protect- Additional funding aver $5 Million Council authorized 46 CITY COUNCIL MINUTES 1 ok-65 AUGUST 18, 2015 Francisco Gutierrez Executive Director- Finance and Management Services Al FY 15 -16 PWA DEFERRED MAINTENANCE PRIORITIZATION General Criteria for Deferred Maintenance consideration: Safety Liability Functionality, • Priority 1: Facilities that have failing systems in which replacements are imperative (i.e., roof restoration, chiller replacements, ADA upgrades) Priority 2: Facility systems are functional but require additional maintenance to keep the facility operational (i.e., HVAC system repairs, rebuilding Air handlers) Priority 3: Facility systems are better than average condition, only normal on -going maintenance required or the continuation of existing projects (i.e., general repairs, phased out projects) FY 15 -16 DEFERRED MAINTENANCE PRIORITIES Priority 1- Safety / Liability/ Function a) Corporate Yard: Roof Restoration of PWA Administration and Stores- $500K b) Grand Central: Chiller Replacement- $450K c) Train Station: $650k • Air Handler Replacement Phase I • Public restroom ADA upgrade d) Vehicle Wash Facility- $150K Recycles only 5% of the used water • New system has the capacity to recycle up to 70% of the water 48 CITY COUNCIL MINUTES 22 AUGUST 18, 2015 1 OA -66 FY 15 -16 DEFERRED MAINTENANCE PRIORITIES Priority 1-Safety/ Liability/ Function e) Police Department Jail: Domestic Water Line -Phase I $150K f) Ross Annex Carpet Replacement — Phase l$75K g) City Hall: Elevator Smoke Screen - DIN— 1 tANI FY 15 -16 DEFERRED MAINTENANCE PRIORITIES Priority 1 — Continued Various City Facilities Other Prcjectsl f. Maintenance: f410k City Hall - Rebuild Air Handler 3 of 9 Newhope Libraryderome Center G lSouthwest Senior Canter/Corbin Center - Address defened maintenance to extentl useful life of fyacilities- Santa Ana Senior Center V St. - Replace HVAC Control System; Automate Interior lighting; ReplaceMpgrade Electric Panel- Main Library - Install HVAC in Computer Lab; Rebuild 1 of 2Air Handler - Ross Annex Parking - Improve illumination to increase visabilry El Salvador Center- Upgrade Extenor HVAC Searily Enclosures (Liability) $2,225,000 in total for Phonily 1 Projects sl i FY 15 -16 DEFERRED MAINTENANCE PRIORITIES Priority i - Safety / Liability / Function a) SARTC- $480k: Asphalt Replacement • HVAC Repairs-Phase 2 b) SAPID Administration General Repairs- $335k: • Fuel Tank Management System upgrade • Rebuild Air Handlers • Replace Central Pant Circulation Pumps Rebuild Compound Gate Operator • Replace Hot Water Heater • Replace Roll Up Dow 52 CITY COUNCIL MINUTES 1 ok3 67 AUGUST 18, 2015 FY 15 -16 DEFERRED MAINTENANCE PRIORITIES Priority 2 -Safety / Liability / Function C) SAPD Jail: General Repairs- $140K: • Jail Kitchen - Replace wmpressor system for walk -in freezers & refrigerators • Jail - Install Germicide in 8 Air Handling Units d) City Hall: Carpet Replacement- $110K e) Ross Annex: Carpet Replacement - Phase 2 $75K f) City Hall: Elevator Smoke Screen - Phase 2 $45K 53 �f FY 15 -16 DEFERRED MAINTENANCE PRIORITIES j) Various Facilities /General Repairs- $3451c Main Library - Rebuild 2 of 2 Air Handler Main Library - Wet Seal North Facing Windows • Jerome Center- Replace Automated Ughfing Control System City Hall- Paint 1° Floor Interior Newhope Library - Paint Interior McFadden Learning Center - Rebuild Air Handler El Salvador Center - Paint Interior Santa Ana Senior Center -Paint Interior • Southwest Senior Center Public Restrooms - Upgrade Restroom Fixtures • Annex - Replace Variable Speed Drives Annex - Paint Interior • Santa Anita Center - Paint Interior • Corbin Center- Upgrade Kitchen Fixtures S1,530.000 In Total for Priority, 2 Protects 5a i FY 15 -16 DEFERRED MAINTENANCE PRIORITIES Priority 3 - safety / Liability / Function a) Train Station: General Repairs b) SAPID: General Repairs c) Corp Yard - Fleet: Roof Restoration d) Santa Ana Senior Center: Roof Restoration e) Ross Annex: Replace 1 of 3 HVAC f) City Hall: Paint and Carpet Phase 2 g) City Hall: Elevator Smoke Screen - Phase 3 h) City Hall: Rebuild Air Handler- Phase 3 i) Various Facilities: General Repairs Approximately S3.2M Total W1 CITY COUNCIL MINUTES 24 AUGUST 18, 2015 1 OA -68 VEHICLE REPLACEMENT NEEDS FLEET SERVICES CURRENT VEHICLE / EQUIPMENT INVENTORY • Total Inventory of City Vehicle /Equipment - 612 • 503 Vehicles with purchase price totaling $17.4 million (Patrol Units /Maintenance Trucks /Sedans /other) • 109 Non - vehicular Equipment with purchase price totaling $1.2 million ( Trailers /Generators /Chippers /other) • Total value of inventory is $18.6 million 57 VEHICLE REPLACEMENT PRIORITY STRUCTURE General Criteria to determine replacement: Age of Equipment 43% of Vehicle and Equipment Inventory u over 10 yews old Mileage 35 Vehicles currently have over 100,000 miles, which result In higher maintenance costs Increasing Maintenance Costs Safety 619 of the City's Vehicle and Equipment inventory meets criteria for replacement 15.8% of the total is on the replacement list (97) 7.2%in bucket 1 6.3 % in bucket 2.3% in bucket3 FY 2015 -16 Replacement Ust- Criteria Oldest vehicles w /highest mileage and maintenance costs Highest level of safety concern Departmental need /pdodly Vehicles totaled or damaged beyond repair [average 3-5 Patrol Units peryear[ 2015 -16 Replacement list includes 97 vehicles /equipment with a budget of $3 million i CITY COUNCIL MINUTES 1 OX-69 AUGUST 18, 2015 FACTS & FIGURES Inoperable Vehicles Trailers /Chippers Safety issues FACTS & FIGURES 97 vehicles on the Replacement List City averages 5-6 vehicles per year that are totaled or damaged beyond repair 64% of non - vehicle equipment was purchased in the 1990's and early 2000 - This equipment is primarily used by Public Works & Parks & Recreation Of the 97 vehicles identified for FY 15 -16 71 are over 10 years old - 9 PC Motorcycles over B years old 59 Total $ 1,500,000 $ 1,000,000 $ 500,000 Total Vehicles 44 39 14 Assumptions /Criteria euekat all alaertveNnee w/maeemmlease smarm.. algkemlevel Wealety.mwm V hrde$ nW -me rmmpuaamem venmo tlmt were mmBea m aamaaea nerwa meal. Bucket pi Vehicles w /mnn mileage a Wirt Cast .10 level ofce/e, eon um Bucket No Departmental "Hem" M mplatemem Robert Cortez Special Assistant to the City Manager Roy Hernandez u •6� President, Third Wave Cap. CITY COUNCIL MINUTES 26 AUGUST 18, 2015 1 OA -70 Oof Veh. Bucket#1 Bucket92 Bucket 83 l 4 $ 56,000 $ fi3,000 $ Total 20 $ 68,000 $ 382,300 $ 93,000 MTotel Total 12 $ 109,000 $ 140,000 $ 84,000 34 $ 823,000 $ 173,800 $ 124,000 TOtd 27 $ 444,000 $ 240,900 $ 199,000 Total $ 1,500,000 $ 1,000,000 $ 500,000 Total Vehicles 44 39 14 Assumptions /Criteria euekat all alaertveNnee w/maeemmlease smarm.. algkemlevel Wealety.mwm V hrde$ nW -me rmmpuaamem venmo tlmt were mmBea m aamaaea nerwa meal. Bucket pi Vehicles w /mnn mileage a Wirt Cast .10 level ofce/e, eon um Bucket No Departmental "Hem" M mplatemem Robert Cortez Special Assistant to the City Manager Roy Hernandez u •6� President, Third Wave Cap. CITY COUNCIL MINUTES 26 AUGUST 18, 2015 1 OA -70 Good Things Observed at the City • Web Innovation: PD WIKI PDa web knowledgebase & web - enabled HR tools Opportunities for Transformational Change • IS Organization is not structured to succeed or support City Strategy [ Restructure IS organization to reflect a + progressive and responsive structure, 7 recruit a CTIO (Chief Technology Innovation Officer) • Limited human /financial resources allocated for the IS organization Adopt a formal budget support model for IS and the IT Strategic Plan Roadmap • A lack of IT best practices Adopt the highest level of IT professional / technical policies & practices Opportunities for Transformational Change CITY COUNCIL MINUTES • Outdated Computer Hardware (7 —15 f year old Servers / PCs) & Software, from years of deferred investment Implement a formal and adequately funded Technology Refresh Program • City is not taking advantage of E -Gov / Online service delivery solutions Adopt a commitment to become a leader in E -Gov, Open Data & Transparency • Lack vision, leadership & focus on emerging technologies CTIO & adopt emerging IT Web, Mobile Apps, Wi -Fi, Public/Private Partnerships 64 1 O —71 AUGUST 18, 2015 • IT Investments: Enterprise Resource Planning, Enterprise Content •— - Management & PD CAD /RMS • Professional City staff: committed to delivering exemplary services A ,j• Management: a desire to fully leverage IT /web -based technologies City Manager: an IT vision to enhance a s�• customer service, reduce costs and increase revenues • Web Innovation: PD WIKI PDa web knowledgebase & web - enabled HR tools Opportunities for Transformational Change • IS Organization is not structured to succeed or support City Strategy [ Restructure IS organization to reflect a + progressive and responsive structure, 7 recruit a CTIO (Chief Technology Innovation Officer) • Limited human /financial resources allocated for the IS organization Adopt a formal budget support model for IS and the IT Strategic Plan Roadmap • A lack of IT best practices Adopt the highest level of IT professional / technical policies & practices Opportunities for Transformational Change CITY COUNCIL MINUTES • Outdated Computer Hardware (7 —15 f year old Servers / PCs) & Software, from years of deferred investment Implement a formal and adequately funded Technology Refresh Program • City is not taking advantage of E -Gov / Online service delivery solutions Adopt a commitment to become a leader in E -Gov, Open Data & Transparency • Lack vision, leadership & focus on emerging technologies CTIO & adopt emerging IT Web, Mobile Apps, Wi -Fi, Public/Private Partnerships 64 1 O —71 AUGUST 18, 2015 Current state of IS Organizations Ipar, MA TnIM 'MaMwrca°II PIY. Anna, MI loa �WalumNMm OyemnM Existing IS organizational challenges: 1. No CIO, visibility or identity 2. No economies of scale, higher IT costs 3. Fragmented expertise & services 4. Promotes technology silos 5. Staff Confusion on technical support 6. Lack of standards, policies & practices 7. Limits leveraging emerging technologies 65 W Proposed centralized IS organization with CTIO • Move IS out of basement Prioritization Criteria • Improved Staff oc � i Productivity • Increase visibility a Improved Customer Services _ - ID web sowionsto Improve • Go from supporting Systems • Increased Revenue • Reduced Risk 11111 busheeaproceras Ice delivery to supporting people Business systems Innovation Promote me gst of new IT • Establish best practices 17 Asset R Governance OG'. 11 oommmee �j 10;1y 5,15 6 !'IY S/// 515 HR Remus. ECMS E- P.ramml Folder a � Profs.. i Infra- Security User Communication Apple Dept I Menage.IXSCe' structure '. �. Services ',Syebms 'I In led y.,... '. • ITPmtect Deta Cards. Security of PC depbymeng City webeXe and Enterprise App. Management Emanuel wmpdingand trelnirg Internal Support • Change Dept. network Deamop support Telephone Lawwn ERP, HRIS Management Appicetlon resources Servicerequest System. GIS.ASw1 • Perfocnence Held, Blamed., management Integrated Voice Management, ECMS Measurement Sanare procedures, ModMysuppod Reapon.e Dept. App Support • Standards, Networks pcfGas, antl Websuptort FI: WiIty, Billing) PmwtlureeB Storage and Internal wntml. Pdntersand Treasry/Sums. Ponces Backup Information mdHW.dWn Lionel PD: CAD • MA -H seaMytmining devices RMS, video Bunnell., Jell System., PWA: * Newfunctions T'rf'VArtef, SCADA 66 Year 1 & 2 ITSP Implementation Roadmap 2 Dare cal.,. J uPorade HP Smhd.SOlMare 4 upshot Commumbet, aSyWm 8 Pr b$man pk-. 8 Preach Motile W raTabkl. T Plainer Computer Ulgredae a PmNtb up" B Upeade Lary. Format Sn—r. 10 Enbrydw Budget Applketwn 11 Plarmho a BUlkue Parminlrg4 Nast 12 Public Wed. CIP. ast M.I s Prioritization Criteria • Improved Staff oc � i Productivity OG 11111 oc 1. 11111 a Improved Customer Services ° • Cost Savings g • Increased Revenue • Reduced Risk 11111 Legend: Realmmuchal Impbmamemen 1 1 1 owl, 6] CITY COUNCIL MINUTES 10A 72 AUGUST 18, 2015 14 Personal Computer upgrades Doc. Fosters 15 upgrade HP Samm l spmerre Do'. 11111 Collaboration 16 PmAid Laerepa Do 11111 17 Up2rady tape Format Sm.mare OG'. 11 18 Public Recent Remounts App 6 WV 19 HR Remus. ECMS E- P.ramml Folder a 20 21 22 M 24 Onlbre Sue Iran Lkeneas l T. Apo 0.Ane WZ BIIIIryWebr Usage ALp PMnnlre ° BuiMAe Plan C's" Gwua Finance . Remindrumrnoclre ECMS P.H. The ScMdull lotion B 9 6 6 8 Legend: Realmmuchal Impbmamemen 1 1 1 owl, 6] CITY COUNCIL MINUTES 10A 72 AUGUST 18, 2015 Year 3, 4 & 5 ITSP Implementation Roadmap Computer Upgrades OG 26 28 Umiak, HIP Upgrde1HPsam;aISoftware OG 27 Pawae Laptops OG 28 Upgrade Large Format Scennern OG 0 39 Ciry Rpent Meoa9ement 6 _ 30 ecrk Enhance. HRRecl"o, rPmgam Chem Voucher Pro 5 Pnon Renew Apo 66 34 Online - I _ 35 Peoneell9 Process 8. 36 Personal C.oni up6adar 02, 37 UPoada HPServers1so8wea OG M Update Meter Reading Hedwaa 3 39 0.1ore Caere Reding App 8 40 CDBGFndIn9 Workflow App 41 011ra C Stonier Semce Ro," App fi 42 Geographic Inlormation Systems OG is 44 Upgrade HP Serer Saflware OG 45 Empl. Sa1rlk, ce, PaymllTion M9n8. 9 45 Finance, Picuamem: Warkgow App 9 47 Library PC Reeenedon App B Legend R"uirement.RFP � Implemeardyn. Ongo, City -wide Benefits 1 Saft Loan firi W 2 business process improvement 85 3 Imped productivity and efficiency 45 4 Enhanced customer snnce 43 5 Cost sai 29 e Bad. Lee of ai lime, high Value work 23 7 More accurate payrdl 23 8 Accurate accounfing l reporting 19 9 Reduced staff stress and frustreLon 18 10 Improuectansparenc, 17 • 90 different types of quantitative and qualitative benefits were identified by City staff in business process improvement workshops. • The "Top 10" are listed in this chart. • Easy / fast access to information and better informed employees were # 11 and 12, respectively. Enterprise Cost - Benefit Analysis aado Wan, ode]• Lwex fr- � 251A� �l ]63.1 1.1]A 1551E "an, 5 Year Investment: $ 8.95 M Potential Benefits: $14.33 M Every dollar will count and have an impact; benefits will exceed the Investment. A Compelling Business Case: • Cost savings opportunities: — Economies of scale in IT investments — Software maintenance costs — Physical Asset Maintenance Costs (Substructure) — Cost savings in workflow automation / paperless processes • Deferred expenses: operating and staff costs • Increased revenues: public access / convenience to services with e- commerce io 69 68 CITY COUNCIL MINUTES A oX 73 AUGUST 18, 2015 i Next Steps • Adopt the 5 -year ITSP Implementation Roadmap _ Allocate IT funding model to sustain the ITSP Roadmap BNLOING PERMS ";�y`' . First steps: — Recruit Chief Technology Innovation Officer — Realign IS Department — Adopt IT Governance, Project Management Office — Proceed with Year 1 ITSP Initiative implementation APP Hassan Haghani Executive Director- Planning and Building Agency What is a General Plan? A General Plan is the local government's long -term blueprint for the community's vision of future growth • Long -range constitution that sets forth all of the goals, policies, and programs for the City to ensure successful accomplishment of the City's vision • Existing Santa Ana General Plan includes 16 Elements - last comprehensive update 1982 CITY COUNCIL MINUTES 30 AUGUST 18, 2015 1 OA -74 General Plan Update rT Preliminary Budget Proposal Staffing Hourly / Annual . Monthly • (2z( Planning $23.64 W,207 Technicians (p /t) Senior Planner- $7,463 $160,000 (2x) Associate $6,768 $290,000 Planners' Total Annual Staff Cost $498,200 2 -Year Total Staff Cost $996,400 Total Project Costs for 2 years (Staff + $1,996,400 Consultants) Total Project Budget: $2,100,000 Project Timeline: 2- 3 Years Annual Consultant Cost: $500,000 (Estimated cost for mobility and specialized studies) 74 Envisioning Santa Ana f� l 1 si �WbetMlq Wil, Metro East Overlay Area yyny y„ �w wivn CITY COUNCIL MINUTES A oA1 75 AUGUST 18, 2015 Use East First Street East First Street Study Process • Review of existing overlay zone and study East First Street area • Requires General Plan and Zoning Amendment • Environmental analysis (estimated cost $100,000) • Approximately 12 -18 months CITY COUNCIL MINUTES 32 AUGUST 18, 2015 1 OA -76 Kelly Reenders lam 'j Executive Director- Community Development Agency ®T � P Developing Santa Ana's Brand Municipal branding delivers economic prosperity, civic pride, and support for your municipality. Branding withstands political scrutiny, public debate, media questions, and the test of time. The challenge is engaging the community, stakeholders and crafting a clear positioning message that will resonate with external audiences yet capture the municipality's diverse and unique attributes. t Santa Ana's Brand Engage a consultant Costs: $75,000 - $200,000 7- _ --i The typical product provided by branding companies includes a logo, a slogan and a broader message or narrative about a community, as well as a list of steps that should be taken to help spread that story. 1 82 CITY COUNCIL MINUTES 104-77 AUGUST 18, 2015 Developing Santa Ana's Brand • Understanding our current /perceived • Vision brand(s) • Mission • Exploration • Authenticity • Position • Character • Values • Community Developing Santa Ana's Brand Next Steps: • Designate Funding • Release RFP • Award Contract Get to work! 7 Council discussion ensued. 83 • City Manager Cavazos, indicated that matter would be agendized on September 15, 2015, for further consideration and consensus prior to approval of appropriation adjustments in October, 2015. • Councilmember Martinez, requested addition of following items: civic engagement component and institutionalize voter participation programs; economic development tax incentive program (perhaps twice a year); economic strategic plan with branding; lowering fees as business incentive. • Councilmember Benavides, concerned with list of needs throughout the City; branding presents opportunity to promote the City; supports full funding for branding for economic development; commented on capital improvement projects implementation plan including strategy and funding set aside funds; support skate park in Downtown. • Mayor Pro Tern Sarmiento, emphasized needs throughout the City; staff seeks direction; need to focus on projects that are investments and will render results (return on investment); supports completion of General Plan and branding to attract potential investors; Metro East Project presents good CITY COUNCIL MINUTES 34 AUGUST 18, 2015 1 OA -78 opportunity; supports funding of South Main Street Improvements - uniform look such as Business Improvement District — good blend of residential and commercial properties; supports skate park at Memorial Park and Downtown; discuss opportunities at Willowick with City of Garden Grove; supports public art and allocation of funds for place making projects. • Councilmember Amezcua, opined that infrastructure improvements should be'' /z of the funds and balance should be safety projects; supports feasibility study for Santiago Creek, joint use projects with Santa Ana Unified School District (SAUSD) to maximize space and benefit the youth in our community; homeless shelter to be pursued in industrial zone. • Councilmember Reyna, excited to invest in our community; supports '' /Z of the funds to infrastructure projects; civic engagement program to utilize neighborhood leaders; add development of universal joint use agreement with SAUSD to offer services, programs and improve low graduation rates. • Mayor Pulido, supports projects that provide high return on investment such as branding, Cabrillo Park Tennis Court improvements, tax incentives for One Broadway Plaza, City Council to consider funding of projects similar to Community Development Block Grant process; staff to consider all bonding options; City streets rehab program needs to include industrial areas and concrete streets (neighborhood associations to also develop shared cost options); supports hiring of Deputy City Manager position; need to leverage dollars and invest in youth such as Nicholas Academic Foundation; increase Catalina trip; invest in technology for efficiency; '/2 marathon of Orange County willing to join with the City go down civic center to Mater Dei High School. • Councilmember Martinez, expressed supports for Mayor Pro Tern Sarmiento items; supports community garden at Senior Center, investment in technology with 5 year implementation plan, mobility plan, infrastructure improvements, asset management, GIS system, Wellness Corridor and Calle Cuatro re- naming; proposed 10% capital improvements reserve policy; need to commit funds for homeless shelter; SARTC to offer multi modal vision; zoning plan to be updated and business friendly policies; need to hire Deputy City Manager; supports One Broadway Plaza as economic development project and joint use agreements; City needs to address unfunded liability. • Mayor Pro Tern Sarmiento, thanked staff for content of presentation; supports grant funding for body cameras; staff to provide policy on one -time expenses such as branding in comparison skate parks have on -going operational and staff expenses. • City Manager Cavazos, noted that continuation funds will be included in future base budgets; feedback needed on priorities to develop proposal; thanked City Council for adopting reserve policy and allowing $45 million in reserves; supports homeless shelter; noted that some joint use agreements have been in place for many years, but expanding programs will require shared maintenance costs. • Councilmember Amezcua, agrees that joint use agreements need to share maintenance costs with SAUSD. • Councilmember Benavides, supports branding, body cameras, joint use agreements, business friendly policies, and funding opportunities such as tax CITY COUNCIL MINUTES 109-79 AUGUST 18, 2015 breaks — investment in the City; supports senior center improvements; homeless programs, SARTC improvements, wellness signage and Calle Cuatro; presentation material will be used as planning tool for budget purposes. • Councilmember Reyna, supports joint use agreements — need to maximize use of 64 school facilities, currently only 7 agreements; proposed development of universal joint use agreement. • Mayor Pulido, suggested categorization of joint use agreement to accelerate approval and implementation process. • Councilmember Amezcua, suggested the use of incentives for teachers to use their classrooms. • Mayor Pulido, staff to develop prioritization list with options for City Council consideration. ADJOURNED- 7:45 p.m. - The next meeting of the City Council is scheduled for Tuesday, September 1, 2015 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California Adjourn In Memory of Maria Consuelo Tinajero Maria Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Mater Dei High School Parking Structure and School Expansion Project • Community Engagement Plan CITY COUNCIL MINUTES 36 AUGUST 18, 2015 1 OA -80 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: ORDINANCE SECOND READING: AMEND CHAPTER 36, ARTICLE VIII OF THE SANTA ANA MUNICIPAL CODE RELATING TO PARKING METERS AND ARTICLE IV RELATING TO PARKING REGULATIONS {STRATEGIC PLAN NO. 5, 1) CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On August 4, 2015, the following Ordinance was introduced for first reading and City Council authorized publication of title by a vote of 5 -1 (Martinez dissented): ORDINANCE NO. NS -2880 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 36, ARTICLE VIII OF THE SANTA ANA MUNICIPAL CODE RELATING TO PARKING METERS AND ARTICLE IV RELATING TO PARKING REGULATIONS STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Girw� � C Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2880 11 A -1 11 A -2 Qxs 07- 14 -15) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 36, ARTICLE VIII OF THE SANTA ANA MUNICIPAL CODE RELATING TO PARKING METERS AND ARTICLE IV RELATING TO PARKING REGULATIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City Council is authorized pursuant to section 22508 of the California Vehicle Code, to set parking rates and parking zones; and B. The City Council has determined that a parking meter system is justified to defray the cost of installation, operation, and control, as well as the costs of the other parking management related activities; and C. Revenues from parking meters will be used not only in defraying the expenses of installation, operation, and control of parking spaces and parking meters, but also those incurred in the control of traffic and enforcement of traffic regulations; and D. Revenues from parking meters may also be used to fund alternative transportation programs, projects and enhancements that reduce the demand for, increase supply of parking resources in the parking district in which receipts are generated; and E. The density of the City and the number of people working or visiting the City on a daily basis significantly impacts traffic circulation and parking availability on the City's existing street network and off - street parking facilities; and F. Planned new development and expansion in Downtown Santa Ana is likely to increase traffic and parking demand; and G. Existing Code provisions regarding parking zones do not accurately reflect current parking conditions in the City, and amendments to such provisions would improve and facilitate effective management and enforcement of parking regulations; and H. The City has conducted stakeholder meetings and rate surveys as part of the Parking Modernization and Downtown Enhancements Plan; and Ordinance No. NS -XXX Page 1 of 8 11 A -3 The City has designated on- street parking spaces with parking meters in order to regulate and manage traffic circulation and parking availability; and J. The location of and rates for parking directly impact traffic and parking circulation patterns, traffic congestion and other traffic hazards, and parking availability; and K. Adjusting the parking rates as a means of regulating the use of all City parking facilities and resources will distribute the parking load more evenly between residents and visitors, and maximize the utility and use of all City parking facilities and resources, thereby making parking easier, reducing traffic hazards and congestion, and promoting the public convenience, safety, and welfare; L. Based on the foregoing, it is necessary to add and amend various sections of the Code in order to better manage, control, and regulate traffic and parking circulation throughout the City; to improve the City's transportation network in order to promote a more sustainable transportation system; to ensure adequate parking availability for residents, workers, and visitors; to prevent traffic congestion and hazardous traffic conditions; and to promote compliance and facilitate more efficient and effective notice and enforcement, all of which will promote the public health, safety, and general welfare; SECTION 2. The adoption of this ordinance is exempt from the California Environmental Quality Act and a Notice of Exemption will be filed if this ordinance is adopted. SECTION 3. Section 36 -398 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 36 -398. - Parking meter district; zones and fees. (a) Pursuant to section 22508 of the California Vehicle Code, parking meter districts and parking meter district zones may be established and determined by ordinance of the city council and the boundaries of the parking meter district shall be as follows: Beginning at the intersection of South line of First Street and the Southerly prolongation of the West line of Olive Street, thence Easterly in a direct line to the intersection of the Southerly prolongation of the East line of Spurgeon Street and the Easterly prolongation of the South line of First Street; Thence Northerly in a direct line to the Southeast corner of Spurgeon Street and Third Street; Thence Easterly in a direct line to the intersection of the Southerly prolongation of the East line of French Street and the Easterly prolongation of the South line of Third Street; Thence Northerly in a direct line to the Southeast corner of Fourth Street and French Street; Thence Easterly in a direct line to the intersection of the Southerly prolongation of the East line of Mortimer Street and the Easterly prolongation of the South line of Fourth Street; Thence Northerly in a direct line to Ordinance No. NS -XXX Page 2 of 9 11 A -4 Qxs 07 -1415) the Northeast corner of Sixth Street and Mortimer Street; Thence Westerly in a direct line to the Northeast corner of French Street and Santa Ana Boulevard; Thence Northerly in a direct line to the intersection of the Easterly prolongation of the North line of Eighth Street and the Northerly prolongation of the East line of French Street; Thence Westerly in a direct line to the Northeast corner of Spurgeon Street and Eighth Street; Thence Northerly in a direct line to the Northeast corner of Washington Avenue and Spurgeon Street; Thence Westerly in a direct line to the Northeast corner of Bush Street and Washington Avenue; Thence Northerly in a direct line to the Northeast corner of Seventeenth Street and Bush Street; Thence Westerly in a direct line to the Northeast corner of Main Street and Seventeenth Street; Thence Northerly in a direct line to the intersection of the Easterly prolongation of the South line of Buffalo Avenue and the Northerly prolongation of the East line of Main Street; Thence Westerly in a direct line to the Southwest corner of Main Street and Buffalo Avenue; Thence Southerly in a direct line to the Northwest corner of Seventeenth Street and Main Street; Thence Westerly in a direct line to the Northwest corner of Broadway and Seventeenth Street; Thence Southerly in a direct line to the Northwest corner of Washington Avenue and Broadway; Thence Westerly in a direct line to the Northwest corner of Flower Street and Washington Avenue; Thence Southerly in a direct line to the Northwest corner of Civic Center Drive and Flower Street; Thence Westerly in a direct line to the intersection of the Northerly prolongation of the West line of Boyd Way and the Westerly prolongation of the North line of Civic Center Drive; Thence Southerly in a direct line to the Northwest corner of Sixth Street and Boyd Way; Thence Westerly in a direct line to the intersection of the Northerly prolongation of the West line of Shelton Street and the Westerly prolongation of North line of Sixth Street; Thence Southerly in a direct line to the Southwest corner of Santa Ana Boulevard and Shelton Street; Thence Easterly in a direct line to the Southwest corner of Flower Street and Santa Ana Boulevard; Thence Southerly in a direct line to the Northwest corner of Third Street and Flower Street; Thence Westerly in a direct line to the intersection of the Northerly prolongation of the West line of Olive Street and the Westerly prolongation of the North line of Third Street; Thence Southerly in a direct line to the intersection of South line of First Street and the Southerly prolongation of the West line of Olive Street, the point of the beginning. (b) Except as otherwise provided in subsection (d), the fee charged for parking in any metered parking spaces in the parking meter district shall be five cents ($0:05) for each three (3) minutes or one dollar ($1.00) per hour. (c) Parking Meter Zones. The following parking meter zones are hereby created within the parking meter district as described in subsection (a): (1) Willard Zone. The boundaries of the "Willard Zone" shall be as follows: Beginning at the point of intersection of the Northwest corner of Broadway and Civic Center Drive; thence Northerly in a direct line to the Northwest corner of Broadway and Washington Avenue; thence Westerly in a direct line to the Northwest corner of Flower Street and Washington Avenue; thence Southerly in a direct line to the Northwest corner of Civic Center Ordinance No, NS -XXX Page 3 of 9 11 A -5 Drive and Flower Street; thence Easterly in a direct line to the Northwest corner of Broadway and Civic Center Drive, the point of the beginning. (2) Midtown Zone. The boundaries of the "Midtown Zone" shall be as follows: Beginning at the point of intersection of the Easterly prolongation of the North line of Eighth Street and the Northerly prolongation of the East line of French Street; thence Westerly in a direct line to the Northeast corner of Spurgeon Street and Eighth Street; thence Northerly in a direct line to the Northeast corner of Washington Avenue and Spurgeon Street; thence Westerly in a direct line to the Northeast corner of Bush Street and Washington Avenue; thence Northerly in a direct line to the Northeast corner of Seventeenth Street and Bush Street; thence Westerly in a direct line to the Northeast corner of Main Street and Seventeenth Street; thence Northerly in direct line to the intersection of the Easterly prolongation of the South line of Buffalo Avenue and Northerly prolongation of the East line of Main Street; thence Westerly in direct line to the Southwest corner of Main Street and Buffalo Avenue; thence Southerly in a direct line to the Northwest corner of Seventeenth Street and Main Street; thence Westerly in a direct line to the Northwest corner of Broadway and Seventeenth Street; thence Southerly in a direct line to the Northwest corner of Broadway and Civic Center Drive; thence intersection of the Easterly prolongation of the North line of Eighth Street and Northerly prolongation of the East line of French Street, the point of the beginning. (3) Downtown Zone. The boundaries of the "Downtown Zone" shall be as follows: Beginning at the point of intersection of the South line of First Street and the Southerly prolongation of the East line of Spurgeon Street; thence Northerly in a direct line to the intersection of Spurgeon Street and Third Street; thence Easterly in a direct line to the intersection of the Southerly prolongation of the East line of French Street and the Easterly prolongation of the South line of Third Street; thence Northerly in a direct line to the Southeast corner of Fourth Street and French Street; thence Easterly in a direct line to the intersection of the Southerly prolongation of the East line of Mortimer Street and the Easterly prolongation of the South line of Fourth Street; thence Northerly in a direct line to the Northeast corner of Sixth Street and Mortimer Street; thence Westerly in a direct line to the Northeast corner of French Street and Santa Ana Boulevard; thence Northerly in a direct line to the intersection of the Easterly prolongation of the North line of Eighth Street and the Northerly prolongation of the East line of French Street; thence Westerly along the North line of Civic Center Drive to the intersection of the Northerly prolongation of the West line of Boyd Way and the Westerly prolongation of the North line of Civic Center Drive; thence Southerly in a direct line to the Northwest corner of Sixth Street and Boyd Ordinance No. NS -XXX Page 4 of 9 11 A -6 (jxs 07.14 -15) Way; thence Westerly in a direct line to the intersection of the Northerly prolongation of the West line of Shelton Street and the Westerly prolongation of the North line of Sixth Street; thence Southerly in a direct line to the Southwest corner of Santa Ana Boulevard and Shelton Street; thence Easterly in a direct line to the Southwest corner of Flower and Santa Ana Boulevard; thence Southerly a direct line to the Northwest corner of Third Street and Flower Street; thence Westerly in a direct line to the intersection of the Northerly prolongation of the West line of Olive Street and the Westerly prolongation of the North line of Third Street; thence Southerly in a direct line to the intersection of the South line of First Street and the Southerly prolongation of the West line of Olive Street; thence Easterly in a direct line to the intersection of the South line of First Street and the Southerly prolongation of the East line of Spurgeon Street, the point of the beginning. (d) Fees. The parking fees for parking in the parking meter zones as hereinabove described shall be as follows: (1) Willard Zone. The fee charged for parking in any metered parking space within the Willard Zone shall be five cents ($0.05) for each three (3) minutes or one dollar ($1.00) per hour. (2) Midtown Zone. The fee charged for parking in any metered parking space within the Midtown Zone shall be five cents ($0.05) for each three (3) minutes or one dollar ($1.00) per hour. (3) Downtown Zone. The fee charged for parking in any metered parking space within the Downtown Zone shall be five cents ($0.05) for each two minutes or one dollar fifty cents ($1.50) per hour. one dollar and fifty cents ($1.50) per hour or fraction thereof. SECTION 4. Section 36 -399 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 36 -399. - Hours. (a) Except as otherwise provided in subsection (b) of this section, the provisions of this article relating to the operation of parking meters shall be effective only between the hours of 8:00 a.m. and 8:00 p.m, on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday of each week, except such parking limitations shall not be operative on any legal holiday. Further limitations of the hours of operation shall be effective only when appropriate signs giving notice thereof are affixed to specific parking meters. Ordinance No. NS -XXX Page 5 of 9 11 A -7 (b) In the following parking meter zones effective parking hours shall be as follows: (1) Willard Zone. The provisions of this article relating to the operation of parking meters shall be effective only between the hours of 8:00 a.m. and 8:00 p.m. on Monday, Tuesday, Wednesday, Thursday and Friday of each week, except such parking limitations shall not be operative on any legal holiday. Further limitations of the hours of operation shall be effective only when appropriate signs giving notice thereof are affixed to specific parking meters. (2) Midtown Zone. The provisions of this article relating to the operation of parking meters shall be effective only between the hours of 8:00 a.m. and 8:00 p.m. on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday of each week, except such parking limitations shall not be operative on any legal holiday. Further limitations of the hours of operation shall be effective only when appropriate signs giving notice thereof are affixed to specific parking meters. (3) Downtown Zone. The provisions of this article relating to the operation of parking meters shall be effective only between the hours of 8:00 a.m. and 10:00 p.m. on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday of each week, except such parking limitations shall not be operative on any legal holiday. Further limitations of the hours of operation shall be effective only when appropriate signs giving notice thereof are affixed to specific parking meters. (c) Legal holiday shall be defined as those legal holidays observed by city employees as identified in section 9 -135 of the Santa Ana Municipal Code. (d) The executive director of the finance and management services agency or designee is authorized to place signs or markings, on or immediately adjacent to parking meters, prohibiting parking in excess of twelve (12) minutes, fifteen (15) minutes, twenty -four minutes (24), thirty (30) minutes, one (1) hour, two (2) hours, three (3) hours or four (4) hours on any portion of any street within such parking meter district zone, for any time period up to and including twenty -four (24) hours per day. Such restrictions may be limited so as not to apply on specified days. SECTION 5. Section 36 -403 of the Santa Ana Municipal Code is hereby deleted in its entirety such that it reads as follows: Sec. 36 -403. - RESERVED. SECTION 6. Section 36 -406 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Ordinance No. NS -XXX Page 6 of 9 11 A -8 Qxs 07- 14.15) Sec. 36 -406. - Use of funds. All money deposited in said parking meters shall be deposited in a special fund, to be known as the "Parking Fund ". The specific authorized use of revenues shall be, but are not limited to, the following: (1) For purchasing, leasing, installing, repairing, maintaining, operating, removing, regulating and policing of pay stations and /or parking meters and for the payment of any and all expenses relating thereto. (2) For purchasing, leasing, acquiring, improving, operating and maintaining on- or off- street parking facilities. (3) For installation and maintenance of alternative mode programs, landscaping, pedestrian linkages, sidewalk cleaning, street, way finding systems, and traffic control devices and signals. (4) For the painting and marking of streets and curbs required for the direction of traffic and parking of motor vehicles. (5) For proper security within the parking meter district. (6) For the proper regulation, control, enforcement and inspection of parking and traffic upon the public streets and off- street parking facilities. (7) To be pledged as security for the payment of principal of and interest on financing mechanisms used by the city to meet any of the purposes authorized bythis section. (8) For transportation and parking planning, and marketing programs related to the parking meter district. (9) For construction and maintenance of public restrooms in the parking meter district. SECTION 7. Section 36 -421 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 36 -421. Change in reference. (a) Wherever the language of any section, subsection, provision, or clause contained in Chapter 36 of this Code shall mention the community development agency, such section, subsection, provision, or clause shall mean the finance and management services agency. Ordinance No. NS -XXX Page 7 of 9 11 A -9 (b) Wherever the language of any section, subsection, provision, or clause contained in Chapter 36 of this Code shall mention the executive director of the community development agency, such section, subsection, provision, or clause shall mean the executive director of the finance and management services agency. (c) Wherever the language of any section, subsection, provision, or clause contained in Chapter 36 of this Code shall mention the downtown development manager, such section, subsection, provision, or clause shall mean the treasury and customer services manager. SECTION 8. Section 36 -144 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 36 -144. - Same —All night parking prohibited on certain streets; Exception. (a) No person shall park and leave standing any vehicle for a period of time longer than thirty (30) minutes between the hours of two o'clock (2:00) a.m. and six o'clock (6:00) a.m, of any day upon any portion of Main Street, Broadway, First Street, Seventeenth Street, Flower Street, Edinger Avenue, Warner Avenue, Bristol Street, Eighth Street or Fourth Street, or upon any portion of any public highway in the city where parking meters have been installed along the curb, or at any place on any such highway between any two (2) parking meters along the curb. (b) Exception: Notwithstanding subsection (a), parking is allowed in designated parking meters on Fourth Street between Ross Street and Mortimer Street every night until four o'clock (4:00) a.m. SECTION 9. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The city council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of _ 2015. Ordinance No. NS -XXX Page 8 of 9 Miguel A. Pulido Mayor 11A -10 (Jzs 07.14.16) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney B• o e Sandoval ief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11A -11 Ordinance No. NS -XXX Page 9 of 9 11A -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: ORDINANCE SECOND READING: AMEND ARTICLE XVIII.I OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE AND AMEND THE ADAPTIVE REUSE ORDINANCE TO EXEMPT SUCH PROJECTS FROM THE APPLICATION OF THE HOUSING OPPORTUNITY ORDINANCE {STRATEGIC PLAN NO. 5, 1) CITY MANAGE RECOMMENDED ACTION Place amended ordinance on second reading and adopt. CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2otl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER DISCUSSION On August 4, 2015, the following Ordinance was introduced for first reading and City Council authorized publication of title by a vote of 5 -0 (Martinez and Pulido absent): ORDINANCE NO. NS -2881 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XVIIH OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE AND AMENDING THE ADAPTIVE REUSE ORDINANCE TO EXEMPT SUCH PROJECTS FROM THE APPLICATION OF THE HOUSING OPPORTUNITY ORDINANCE STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Mafia D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2881 11B-1 11 B -2 LS 8.25.15 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XVIII.I OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE AND AMENDING THE ADAPTIVE REUSE ORDINANCE TO EXEMPT SUCH PROJECTS FROM THE APPLICATION OF THE HOUSING OPPORTUNITY ORDINANCE THE CITY COUNCIL OF THE CITY OF SANTAANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. On November 28, 2011, the City Council adopted the Housing Opportunity Ordinance (HOO) that applied to proposals for five (5) or more housing units. Residential projects are required to provide fifteen percent of the total number of units as affordable, whether the project is for sale or rental. The existing ordinance applies to those developments requesting a zoning amendment from a non - residential to a residential zone (including City- initiated re- zones), an increase in density, a conversion to the residential provision of an overlay zone, or conversion of apartments to condominiums. B. A review of the contents of the HOO has revealed that certain components of the ordinance prevent staff from fair and consistent implementation of the ordinance. In reviewing the existing ordinance, staff has identified a few areas that warrant a revision to the existing Housing Opportunities Ordinance. C. In examining the existing ordinance, staff has identified the following items as points of confusion that may be impediments to new housing production and production of new affordable housing units in the City: constraints on adaptive reuse of historic structures and retrofitting of existing buildings, already built or entitled (but not yet built) projects, viable alternatives for on -site production of inclusionary affordable housing units, and the calculation of the in -lieu housing fee. D. Amendments to the HOO are necessary for the clarification of these issues and to recognize the demonstrated need in the City for housing which is affordable for lower income households. The City is hereby promoting the development of affordable housing units by Developers without City subsidy by allowing for incentives to encourage such development in new residential projects. 11 B -3 LS 8.25.15 SECTION 2. Article XVIII.I (Housing Opportunity Ordinance) is hereby amended such that it reads as follows: Article XVIII.I - Housing Opportunity Ordinance Sec. 41 -1900. Purpose This Article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this Article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments or the conversion of rental units to condominium ownership when the number of units exceed the densities permitted under the General Plan. Sec. 41 -1901. Definitions As used in this Article, the following terms shall have the following meanings "Adjusted for Household Size Appropriate for the Unit" means a household of one person in the case of a studio unit, two persons in the case of a one - bedroom unit, three persons in the case of a two- bedroom unit, four persons in the case of a three - bedroom unit, and five persons in the case of a four - bedroom unit. "Administrative Procedures" means those regulations promulgated by the Executive Director pursuant to Section 41 -1910 of this Article. "Affordable Housing Cost" means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows, in accordance with Sections 50052.5 and 50053 of the Health & Safety Code: Very Low - Income Households. Thirty (30) percent of the income of a household earning fifty (50) percent of the Orange County median income adjusted for family size appropriate for the unit. Low - Income Households. Thirty (30) percent of the income of a household earning seventy (70) percent of the Orange County median income for for -sale units, and thirty (30) percent of the income of a household earning sixty (60) percent of the Orange County median income for rental units, adjusted in either case for family size appropriate for the unit. In the event of a conflict between the fractions specified in this definition and those found in Sections 50052.5 and 50053 of the Health & Safety Code, the fractions specified by State law shall control. 11 B -4 LS 8.25.15 "Developer" means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks City approval for all or part of a Residential Project. "Executive Director" means the Executive Director of Community Development for the City of Santa Ana. " Inclusionary Housing Agreement" means a legally binding agreement between the Developer and the City, in a form and substance satisfactory to the Executive Director and the City Attorney, and containing those provisions necessary to ensure that the requirements of this Article are satisfied, whether through the provision of Inclusionary Units or through an approved alternative method. " Inclusionary Housing Fund" means the fund created by the City of Santa Ana in which all fees collected in compliance with this Article shall be deposited. "Inclusionary Housing Plan" means the plan submitted by the Developer, in a form specified by the Executive Director, detailing how the provisions of this Article will be implemented for the proposed Residential Project. "Inclusionary Unit' means a dwelling unit that will be offered for sale or rent to Very Low or Low Income Households, at an affordable housing cost, in compliance with this Article. "Low- Income Households" or "Lower income households" means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. The limits shall be published in the California Code of Regulations as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event the federal standards are discontinued, the California Department of Housing and Community Development shall, by regulation, establish income limits for lower income households for all geographic areas of the state at eighty (80 %) percent of area median income, adjusted for family size and revised annually. Lower income households includes very low income households, as defined in the Health & Safety Code, Section 50105, and extremely low income households, as defined in Section 50106. "Low- Income Units and Very Low - Income Units" means Inclusionary Units restricted to occupancy by Low or Very Low- Income Households, respectively, at an affordable housing cost. "Market Rate Units" means dwelling units in a Residential Project that are not Inclusionary Units. "Pipeline Project" means any project for which an application was submitted and the application was deemed complete prior to August 4, 2015. 3 11B-5 LS 8.25.15 "Regulatory Agreement" means an agreement entered into between the City of Santa Ana or the Santa Ana Community Development Agency and a Developer by which the Developer covenants to keep certain housing units at an affordable housing cost for a specified period of time. "Rehabilitated Units /Rehabilitation" means the improvement of a unit in substandard condition to a decent, safe and sanitary level. Units are in substandard condition when, while they may be structurally sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, safety or well -being of the occupants. "Residential Project/Project" means any of the following: A subdivision resulting in the creation of 5 or more residential lots or residential condominium units; or The new construction of a project consisting of 5 or more multi - family units; or The new construction of 5 or more separate houses or dwelling units; or The conversion of 5 or more existing residential rental units to condominium ownership. "Target Area" means that area designated by the City from time to time, on an as- needed basis, as a priority area for rehabilitation due to health and safety concerns. "Total Housing Costs" the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, utilities, an allowance for maintenance and any other related assessments. "Very low income households" means persons and families whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. These qualifying limits shall be published by the department in the California Code of Regulations as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event the federal standards are discontinued, the California Department of Housing and Community Development shall, by regulation, establish income limits for very low income households for all geographic areas of the state at fifty (50 %) percent of area median income, adjusted for family size and revised annually. Very low income households include extremely low income households, as defined in Health & Safety Code Section 50106. 11 B -6 LS 8.25.15 Sec. 41 -1902. Applicability and Inclusionary Unit Requirements (a) Applicability. The requirements of this Article shall apply to any new Residential Project located within the City, including new construction, and condominium conversions which exceed the General Plan prescribed densities. (b) Applications. The requirements of this Article shall apply to any new Residential Project proposed in connection with an application to do any of the following: (1) Increase the permitted residential density of the subject property above the density permitted by applicable zoning at the time of the application. The inclusionary requirements shall only apply to the incremental increase in the number of units beyond that which is allowed by the applicable zoning. (2) Increase in the permitted residential density or percentage of residential development allowed due to City initiated zone changes after November 28, 2011. (3) Increase the permitted percentage of residential development allowed for a mixed -use development above the percentage at the time of the application. The inclusionary requirements shall only apply to the incremental increase in the number of units beyond that which is allowed by the applicable zoning. (4) Approval of new projects in an overlay zone site plan permitting residential land uses pursuant to Division 28 of this Chapter. (5) Convert rental units to condominium ownership. The inclusionary requirements shall only apply to the incremental increase in the number of units beyond that which is allowed by the applicable zoning. (c) Units for sale. If the new Residential Project consists of units for sale, then a minimum of 15- percent of the total number of units in the project shall be sold or rented to Low Income Households. (d) Rental units. If the new Residential Project consists of rental units, then a minimum of 15- percent of the units shall be rented to Low - Income Households, or 10- percent rented to Very Low - Income Households. (e) Rounding of quantities in calculations. In calculating the required number of Inclusionary Units, fractional units shall be rounded -up to the next whole unit. The Developer may choose to pay an in -lieu fee set forth in Section 41- 1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case. (f) Displacement of existing Inclusionary Units. Notwithstanding any other provision of this Article, any Residential Project subject to this Article that results in the 11 B -7 LS 8.25.15 displacement of Very Low and /or Low Income Household(s) shall be required to provide on -site Inclusionary Units as required by this Article. (g) Compliance with Article. All Inclusionary Units required by this Article shall be sold or rented in compliance with this Article. Sec. 41 -1903. Exempt projects The following are exempt from the requirements of this Article: (a) Applications deemed complete. Applications that include a Residential Project for which a development application has been deemed complete prior to November 28, 2011. (b) Development Agreements. A Residential Project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this Article or provides for a different amount of Inclusionary Units from that specified by this Article, provided the development agreement was adopted on or before November 28, 2011. (c) Project with Regulatory Agreement. A Residential Project for which a Regulatory Agreement has been approved, provided that the Regulatory Agreement is effective at the time the Residential Project would otherwise be required to comply with the requirements of this Article, and there is no uncured breach of the Regulatory Agreement before issuance of a Certificate of Occupancy for the project. This may include a Residential Project that has obtained a Density Bonus under Article XVI.I of the Santa Ana Municipal Code. Such projects cannot be used to satisfy the inclusionary requirement for another project. Sec. 41-1904. Options to Satisfy Inclusionary Requirements (a) On -site units. The primary means of complying with the inclusionary requirements of this Article shall be the provision of on -site Inclusionary Units in accordance with Section 41 -1901, above. A Developer may only satisfy the requirements of this Article by means of an alternative to on -site Inclusionary Units in accordance with the requirements and procedures of this Section. (b) Off -site units. 1. New Units. The Developer may satisfy the Inclusionary Unit requirements for the Project, in whole or in part by constructing the required new inclusionary housing at a different location within the City of Santa Ana borders at the ratio of one square foot of habitable Inclusionary Unit space for each required habitable square foot. While the total habitable square 6 11 B -8 LS 8.25.15 footage area of the required new Inclusionary Units must be the same as the sum -total of the number of habitable square feet for the Project as directed by this ordinance, the number of units and bedrooms associated with the off- site units may be approved by the review authority of the City of Santa Ana, consistent with the type of affordable housing needed at the time of Project review. 2. Rehabilitated Units Outside a Designated Target Area_ The Developer may satisfy the Inclusionary Unit requirements for the Project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the City of Santa Ana at a rate of 1 % habitable square feet per each required habitable square foot of Inclusionary Units 3. Rehabilitated Units Within a Designated Target Area. Upon application, the Developer may satisfy the Inclusionary Unit requirements for the Project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the City of Santa Ana at a rate of 1 habitable square foot per each required habitable square foot of affordable Inclusionary Units. (c) In -lieu fee. (1) Twenty (20) or fewer units. In the case of a Residential Project containing between five (5) and twenty (20) residential lots or residential units, the Developer may elect to satisfy the Inclusionary Unit requirements for the Project, in whole or in part, by payment of a fee in lieu of constructing some or all of the required units. (2) Calculation of fee. The amount of the fee allowed by this Section shall be fifteen dollars per square foot ($15.00/ft.2) of the sum total of the number of habitable square feet within the entire Project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. (3) Timing of payment. The Developer shall pay any in -lieu fees allowed by this Section in full before issuance of the first Building Permit for any portion of the Residential Project, including any non - residential portions of a mixed -use development. The Developer may provide input regarding what project the in lieu fees should be applied towards, but such input shall not be dispositive. The in lieu fees collected by the City are City funds over which the City has complete and absolute discretion. (4) Inclusionary Housing Fund. Fees collected in compliance with this Section shall be deposited in the Inclusionary Housing Fund. 7 11 B -9 LS 8.25. 15 Sec. 41- 1904.1. Inclusionary Housing Development Incentives (a) In order to make the production of new Inclusionary Units on -site or off -site or off- site rehabilitated units, certain incentives, standards and concessions shall be allowed and prescribed as set forth herein below. The Developer may opt to take advantage of up to two (2) concessions among the following possible concessions: (1) Parking Concession: one (1) on -site parking space for each 0 -1 bedroom unit; two (2) on -site parking spaces for each 2 -3 bedroom unit; 2' /x parking spaces for each 4 or more bedroom unit. (2) Concession on one of the following Zoning Code site development standards: (i) Setback reduction of up to 25% reduction on subject property; (ii) Height increase of up to 20 additional feet; (iii) Density Bonus such that: a) An applicant must select only one housing affordability income level to merit a density bonus. A combination of affordable housing income levels is not permitted to be combined to increase the amount of density bonus. b) For each 1 percent increase above 15 percent in the percentage of units affordable to low income households, the density bonus shall be increased by 1.5 percent up to a maximum of 35 percent. c) For each 1 percent increase above 10 percent in the percentage of units affordable to very low income households, the density bonus shall be increased by 2.5 percent up to a maximum of 35 percent. Sec. 41 -1905. Housing Plan and Housing Agreement (a) Submittal and execution. The Developer shall comply with the following requirements: (1) Inclusionary Housing Plan. The Developer shall submit an Inclusionary Housing Plan in a form specified by the Executive Director, detailing how the provisions of this Article will be implemented for the proposed Residential Project. The Inclusionary Housing Plan and its supportive documents, plans, and details shall be submitted at the same time as the site plan and application materials for the original project. All Inclusionary Housing Plans shall be subject to the approval of the Executive Director and subject to appeal processes and procedures set forth in the Santa Ana Municipal Code, 8 11B-10 LS 8.25.15 (2) Inclusionary Housing Agreement. The Developer shall execute and cause to be recorded an Inclusionary Housing Agreement. The Inclusionary Housing Agreement shall be a legally binding agreement between the Developer and the City, executed by the City Manager, or his or her designee, and in a form and substance satisfactory to the Executive Director and the City Attorney, and containing those provisions necessary to ensure that the requirements of this Article are satisfied, whether through the provision of Inclusionary Units or through an approved alternative method. (b) Discretionary approvals. No discretionary approval shall be issued for a Residential Project subject to this Article until the Developer has submitted an Inclusionary Housing Plan. (c) Issuance of Building Permit. No Building Permit shall be issued for a Residential Project subject to this Article unless the Executive Director has approved the Inclusionary Housing Plan, and any required inclusionary Housing Agreement has been recorded. (d) Issuance of Certificate of Occupancy. A Certificate of Occupancy shall not be issued for a Residential Project subject to this Article unless the approved Inclusionary Housing Plan has been fully implemented. Sec. 41 -1906. Standards (a) Location within Project, relationship to non - Inclusionary Units. All Inclusionary Units shall be: (1) Reasonably dispersed throughout the Residential Project; (2) Proportional, in number of bedrooms, gross floor area of habitable space, and location, to the market rate units; (3) Comparable to the market rate units included in the Residential Project in terms of design, materials, finished quality, and appearance; and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units. (b) Timing of construction. All Inclusionary Units in a Residential Project shall be constructed concurrent with, or before the construction of the market rate units. If the City approves a phased project, a proportional share of the required Inclusionary Units shall be provided within each phase of the Residential Project. (c) Location outside the proposed original Project. For Projects where the Developer proposes to either produce new Inclusionary Units or rehabilitate existing off -site units to meet the inclusionary affordable housing requirements of this ordinance, 9 11B -11 LS 8.25.15 the off -site project(s) containing the required Inclusionary Units shall be subject to the following requirements: (1) The sum -total area (in habitable square feet) of all the newly constructed off- site Inclusionary Units shall be the same number of habitable square feet of inclusionary area as required by this ordinance. For the purpose of the calculation of the number of square feet of required inclusionary housing, the total gross habitable square feet of the housing units of the original market rate project shall be used, as measured from exterior walls to exterior walls of the market units provided as the base for calculation either 10% for very low income or 15% for low income Inclusionary Units. The common areas, exterior hallways, stairways, patios, and balconies shall not be calculated in determining the number of required square feet of inclusionary housing production. All new or rehabilitated units must meet all current zoning and general plan standards. (2) While the total number of square feet of inclusionary housing requirement is calculated based on the requirements of this ordinance, the number of units, bedrooms and other amenities on the proposed off -site inclusionary housing location shall be approved by the review authority commensurate with the size and type of units most in demand at the time of submittal of the application. (3) Any off -site affordable inclusionary housing Project shall be substantially comparable to the market rate units included in the Residential Project in terms of quality of design, materials and finishes. (4) If tenants are displaced due to rehabilitation of housing to meet the Inclusionary Unit requirement, the Developer shall be responsible for relocation costs as required by State law. (5) No City, Housing Authority, or public funds, subsidies, or participation of any kind shall be expended on the production or building of any inclusionary housing projects associated with meeting the Inclusionary Unit requirement. (d) Timing of construction. All Inclusionary Units in a Residential Project or proposed off -site new Inclusionary Units or rehabilitated units shall be constructed concurrent with, or before the construction of the market rate units. If the City approves a phased project, a proportional share of the required Inclusionary Units shall be provided within each phase of the Residential Project. (e) Units for sale. (1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost for a minimum of fifty -five (55) years. 10 11B-12 LS 8.25. 15 (2) Certification of purchasers. The Developer and all subsequent owners of an Inclusionary Unit offered for sale shall certify, on a form provided by the City, the income of the purchaser and that such owners will live in such Inclusionary Unit as their primary residence. (3) Resale price control. In order to maintain the availability of inclusionary units required by this Article, the resale price of an owner occupied Inclusionary Unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three comparable properties or the restricted resale price. For these purposes, the restricted resale price shall be the applicable Affordable Housing Cost. (4) Inheritance of Inclusionary Units. Upon the death of an owner of an owner - occupied Inclusionary Unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household). (5) Forfeiture. If an Inclusionary Unit for sale is sold for an amount in excess of the resale price controls required by this Section, the buyer and the seller shall be jointly and severally liable to the City for the amount in excess of the Affordable Housing Cost at the time of such sale of the Inclusionary Unit. Recovered funds shall be deposited into the Inclusionary Housing Fund. Notwithstanding the foregoing, City may allow the buyer and seller to cure any violation of the resale price controls within one hundred eighty (180) days. (f) Rental units. (1) Time limit for inclusionary restrictions. A rental Inclusionary Unit shall remain restricted to the target income level group at the applicable affordable housing cost for fifty -five (55) years. (2) Certification of renters. The owner of any rental Inclusionary Unit shall certify, on a form provided by the City, the income of all members of the household above the age of eighteen (18) at the time of the initial rental and annually thereafter. (3) Forfeiture. Any lessor who leases an Inclusionary Unit in violation of this Article shall be required to forfeit to the City all money so obtained. Recovered funds shall be deposited into the Inclusionary Housing Fund. (g) Execution and recording of documents. The Executive Director may require the execution and recording of whatever documents are required to ensure enforcement of this Section; including but not limited to promissory notes, deeds of 11 11B-13 LS 8.25. 15 trust, resale restrictions, rights of first refusal, options to purchase, and /or other documents, which shall be recorded against all Inclusionary Units. (h) General Prohibitions. (1) No person shall sell or rent an Inclusionary Unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this Article. (2) No person shall sell or rent an Inclusionary Unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this Article. (3) No person shall provide false or materially incomplete information to the City or to a seller or lessor of an Inclusionary Unit to obtain occupancy of housing for which that person is not eligible. (i) Principal Residency Requirement. (1) The owner or lessee of an Inclusionary Unit shall reside in the unit for not less than ten out of every twelve months. (2) No owner or lessee of an Inclusionary Unit shall lease or sublease, as applicable, an Inclusionary Unit without the prior permission of the Executive Director. Sec. 41 -1907. Reserved Sec. 41 -1908. Enforcement (a) Violation. Any violation of this Article constitutes a misdemeanor. (b) Forfeiture of funds. Any individual who sells an Inclusionary Unit in violation of this Article shall be required to forfeit any money in excess of the Affordable Housing Cost at such time. Any individual who rents an Inclusionary Unit in violation of this Article shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the Inclusionary Housing Fund. (c) Legal actions. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Article, including actions: (1) To disapprove, revoke, or suspend any permit, including a Building Permit, Certificate of Occupancy, or discretionary approval; and (2) For injunctive relief or damages. 12 11B-14 LS 8.25.15 (d) Recovery of costs. In any action to enforce this Article, or an Inclusionary Housing Agreement recorded hereunder, the City shall be entitled to recover its reasonable attorney's fees and costs. Sec. 41 -1909. Inclusionary Housing Fund (a) Inclusionary Housing Fund. There is hereby established a separate fund of the City, to be known as the Inclusionary Housing Fund. All monies collected pursuant to this Article shall be deposited in the Inclusionary Housing Fund. Additional monies from other sources may be deposited in the Inclusionary Housing Fund. The monies deposited in the Inclusionary Housing Fund shall be subject to the following conditions: (1) Monies deposited into the Inclusionary Housing Fund must be used to increase and improve the supply of housing affordable to Moderate, Low, and Very Low, and Extremely Low Income Households in the City. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this Article. (2) The fund shall be administered by the Executive Director, or his or her designee, who may develop procedures to implement the purposes of the Inclusionary Housing Fund consistent with the requirements of this Article and any adopted budget of the City. (3) Monies deposited in accordance with this Section shall be used in accordance with the City's Housing Element, Consolidated Plan, or subsequent plan adopted by the City Council to construct, rehabilitate, or subsidize affordable housing or assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre -home ownership co- investment, pre - development loan funds, participation leases, or other public - private partnership arrangements. The Inclusionary Housing Fund may be used for the benefit of both rental and owner - occupied housing. Sec. 41 -1910. Administrative (a) In -Lieu Fee Calculation. The amount per square foot of the inclusionary housing in- lieu fee shall be subject to City Council review and consideration before the end of calendar year 2018, but after June 30, 2018. Between July 1, 2018 and December 31, 2018, staff shall report on the effectiveness of this ordinance and provide options for Council consideration on the components of this ordinance, including, but not limited to, the monetary amount of inclusionary in -lieu fee per square foot. 13 11B -15 LS 8.25.15 (b) Pipeline Projects. The applicant(s) of any project for which a site plan review application was submitted and such application was deemed complete prior to August 4, 2015 may pay an in lieu fee calculated by the formula under the prior Housing Opportunity Ordinance (Ordinance No. NS -2825) or request to revise its Inclusionary Housing Plan and /or Inclusionary Housing Agreement and pay an in- lieu fee of $15.00 per square foot of habitable space for the entire Project's inclusionary housing obligation. (c) Administration Fees. The Council may by resolution establish reasonable fees and deposits for the administration of this Article including an annual monitoring fee and an Inclusionary Housing Plan Submittal fee. (d) Monitoring /Audits. At the time of initial occupancy, and annually thereafter, the City will monitor the Project to ensure that the income verifications are correct and in compliance with the Inclusionary Housing Administrative Procedures. For ownership units, the City shall monitor to verify that owner - occupancy requirements are maintained. Developer /Property owners are required to cooperate with the City in promptly providing all information requested by the City in monitoring compliance with program requirements. The City will conduct periodic random quality control audits of Inclusionary Units to assure compliance with rules and requirements. Such audits may include verification of continued occupancy in Inclusionary Units by eligible tenants, compliance with the Inclusionary Housing Plan and Agreement, and physical inspections of the Residential Project. (e) Administrative Procedures. The City Manager is hereby authorized and directed to promulgate Administrative Procedures for the implementation of this Article. SECTION 3. Santa Ana Municipal Code section 41 -1652 is hereby amended such that it reads as follows: Sec. 41 -1652. Applicability. The change of use of an existing, economically obsolete building into a new, more productive use such as apartments, condominiums or live /work units is permitted subject to compliance with the following standards: a) Eligibility. Projects must meet the following criteria to be an eligible Adaptive Reuse Project: 1. Project site shall be located in one of the Project Incentive Areas, as defined in section 41- 1651(e). 2. The building must be an Eligible Building, as defined in section 41- 1651(b). 14 11B-16 LS 8.25.15 b) Development Standards. Adaptive Reuse Projects shall, at a minimum, be in compliance with the following development standards: 1. The residential units shall be a minimum of 500 square feet in size. 2. The ground floor of a multi -level building with three stories or more containing street frontage shall be used as commercial /retail space. 3. Common area spaces for the building, such as lobbies and recreation rooms, when located on the ground floor, may not exceed 50% of the ground floor square footage. 4. Open space shall be provided at a rate of 10 percent of the building square footage, and may be public or private and shall be disbursed throughout the building. At least 25 percent of the open space shall be in the form of a community /recreation room(s). The remaining open space may consist of private balconies (50 square feet minimum), pool and spa areas, and public courtyards. Public courtyards shall include seating areas, enhanced landscaping, barbeque areas and other amenities as determined by the Planning Division. 5. Historically Significant Buildings shall comply with chapter 30 of this Santa Ana Municipal Code, fagade easements and any other related historic guidelines, including the Secretary of the Interior Standards for any necessary exterior modifications. c) Project Incentives. Adaptive Reuse Projects that comply with the Development Standards are eligible for the following project incentives: 1. The project can exceed the maximum general plan density for the site provided the Adaptive Reuse Project is in compliance with the development standards. 2. Existing building setbacks may remain and shall be considered legal nonconforming, but no further encroachments shall be permitted into any nonconforming setback. 3. The height of the structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legal nonconforming, and any rooftop construction shall be included within the height exemption. 4. A new loading zone shall not be required if the existing building does not have an existing loading zone. 15 11B-17 LS ME 15 5. New parking spaces shall not be required for any converted use within the building, but any new square footage that includes any new units shall require additional parking at a minimum rate of 2 spaces per unit. SECTION 4. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061, as there is no potential for causing a significant impact on the environment due to the adoption of the ordinance. As a result, Categorical Exemption Environmental Review No. 2015 -77 will be filed for this project. SECTION 5. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional. ADOPTED this day of APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: Z- Lisa Storck Assistant City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2015, Miguel A. Pulido Mayor 0 11B-18 LS 8.25.15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on 2015, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 17 11B-19 11 B -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: ORDINANCE SECOND READING: AMEND SECTION 1 -8 OF THE SANTA ANA MUNICIPAL CODE RELATING TO MUNICIPAL CODE VIOLATIONS AND GENERAL PENALTIES (STRATEGIC PLAN NO. 5, 1) 7 CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On August 4, 2015, the following Ordinance was introduced for first reading and City Council authorized publication of title by a vote of 4 -0 (Martinez, Pulido and Tinajero absent): ORDINANCE NO. NS -2882 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 1, SECTION 1 -8 OF THE SANTA ANA MUNICIPAL CODE RELATING TO VIOLATIONS AND GENERAL PENALTIES STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2882 11C-1 11C-2 (tij 08- 10 -15) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 1, SECTION 1 -8 OF THE SANTA ANA MUNICIPAL CODE RELATING TO VIOLATIONS AND GENERAL PENALTIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City Council is authorized pursuant to section 420 of the City Charter to make any violation of its ordinances a misdemeanor or infraction, which may be prosecuted in the name of the People of the State of California; and B. Section 1 -8 of the Santa Ana Municipal Code ( "Code ") provides that, unless otherwise specifically stated in the Code, any violation of or failure to comply with any provision of the Code shall be a misdemeanor and, where no specific penalty is provided in the Code, the violation shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment; and C. Section 1 -8 of the Code provides the City Attorney's Office with discretion to prosecute any violation constituting a misdemeanor as an infraction. However, where officers issue criminal citations, the Code does not provide the officer with discretion to determine whether such violations should be charged as infractions; and D. The citing officer is often in the better position to determine whether the observed criminal conduct rises to the level of an infraction or a misdemeanor violation; and E. Where an officer mistakenly issues a citation as an infraction but the violation constitutes a misdemeanor, or where the City Attorney may desire to file a misdemeanor citation as an infraction based on the nature of the violation, the Police Department Court Liaison staff must incur additional work in preparing and serving the cited person with an amendment before filing the citation with the court; and F. Violations routinely filed as misdemeanors also result in an increased administrative burden for the court in processing these matters; and Ordinance No. NS -XXX 11C-3 Page 1 of 3 G. The proposed amendment to Section 1 -8 would provide the citing officer with the discretion to issue infraction citations for violations of the Code that would otherwise constitute misdemeanors, as the officers may deem appropriate based on the circumstances surrounding the violation; and H. The proposed amendment to Section 1 -8 will help to alleviate the workload of the Police Department Court Liaison and City Attorney staff in amending misdemeanor charges to infractions, as well as create efficiencies in processing and prosecuting these criminal citations in the court system. SECTION 2. The adoption of this ordinance is exempt from the California Environmental Quality Act and a Notice of Exemption will be filed if this ordinance is adopted. SECTION 3. Section 1 -8 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 1 -8. - Violations - General penalty; continuing violations; adjudging fines and imprisonment; alternative enforcement. Unless otherwise specifically stated in this Code, it shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of this Code and where no specific penalty is provided therefor in this Code, the violation of any provision of this Code shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months or by both such fine and imprisonment. However, any such violation constituting a misdemeanor under this Code may, at his or her discretion, be prosecuted by the city attorney and cited by the issuing officer as an infraction. Each day any violation of any provision of this Code shall continue shall constitute a separate offense. As an alternative enforcement method, violations of this Code may be addressed through the use of an administrative citation as set forth in sections 1 -21.1 through 1- 21.9. Use of sections 1 -21.1 through 1 -21.9 shall not prevent the use of other methods of enforcement or abatement as provided by this Code. Such methods include but are not limited to criminal and civil actions. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS -XXX 11C-4 Page 2 of 3 ADOPTED this day of AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers (tlj 08- 10 -15) 2015. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney A Teresa L. Judd Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11C-5 Ordinance No. NS -XXX Page 3 of 3 11C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: ORDINANCE SECOND READING: AMEND CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE DEFINITION OF A HIGH - RISE STRUCTURE /BUILDING {STRATEGIC PLAN NO. 5, 1} / ter,, -' CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On August 4, 2015, the following Ordinance was introduced for first reading and City Council authorized publication of title by a vote of 4 -0 (Martinez, Pulido and Tinajero absent): ORDINANCE NO. NS -2883 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE DEFINITION OF A HIGH -RISE STRUCTURE /BUILDING STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2883 1113-1 11 D -2 LS 8.6.15 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE DEFINITION OF A HIGH -RISE STRUCTURE /BUILDING THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Prior to municipal amendment of the 2013 California Building Code, the definition of high -rise building is "any building of any type of construction or occupancy having floors used for human occupancy located more than 75 feet above the lowest floor level having building access ". B. Historically and locally, the high -rise building definition was established at 55 feet above the lowest floor level having building access due primarily to previous reach limitations of fire apparatus such as ladders to this level or height. This revised definition has been traditionally carried over for the past several code cycles including the last code cycle authored by the Orange County Fire Authority (OCFA). It maintained the revised definition in part to simplify the transition of the City to OCFA and to encourage consistency of said high -rise building definition in all of Orange County. The amendment was not based on topographic, geologic, or climatic provisions that is allowed and required of any code amendment by the California Building Standards Commission. C. Building codes and building technology continue to evolve affording increases in passive and active life safety provisions. Automated fire suppression systems, smoke control, fire - rating of assemblies, and compartmentalization are but a few elements that make buildings safer to occupy, egress, and ingress by fire personnel to fight fires. Additionally, firefighting methods and fire technology continue to also advance. This joint progression is what allows the building code to be amended back to the State Fire Marshal's minimum of classifying high -rise buildings per the original adopted code language of 75 feet above the lowest floor level having building access. D. In the International Building Code, the nation's model code and on which the California Building Code is based; high -rise is also defined at 75 feet. Reverting back to the original code language benefits development in not having to impart code criteria that is developed for taller structures. 110-3 LS 8.6.15 SECTION 2. Article II of Chapter 8 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -97. High rise buildings (Section 202, Section 403). (a) Section 202 Definitions are added and /or revised as follows: APPROACH - DEPARTURE PATH. The flight path of the helicopter as it approaches or departs from the landing pad. EMERGENCY HELICOPTER LANDING FACILITY (EHLF). A landing area on the roof of a building that is not intended to function as a heliport or helistop but is capable of accommodating fire or medical helicopters engaged in emergency operations. High -rise structure. Every building of any type of construction or occupancy having floors used for human occupancy located more than 75 feet above the lowest floor level having building access (see Section 403), except buildings used as hospitals as defined in the Health and Safety Code Section 1250. SAFETY AREA. A defined area surrounding the landing pad which is free of obstructions. TAKEOFF AND LANDING AREA. The combination of the landing pad centered within the surrounding safety area. (b) Section 403 is amended to read as a follows: Sec. 403. High -rise buildings and group 1 -2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access. (c) Section 403.1 is amended to read as a follows: 403.1 Applicability. New high -rise buildings and group 1 -2 having occupied floors located more than 75 feet above the lowest level of fire department vehicle access and new group 1 -2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access shall comply with Sections 403.2 through 403.6. (d) Section 403.1.1 is amended to read as a follows: 1. "High -rise building" means every building of any type of construction or occupancy having floor used for human occupancy located above 75 feet above the lowest floor level having building access, except buildings used as hospitals as defined by the Health and Safety Code Section 1250. 110 -4 LS 8.6.15 SECTION 3. Article I of Chapter 14 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -30. — Fire Protection Systems (Chapter 9). (a) Section 907.2.13 High -rise buildings is hereby revised as follows: High -rise buildings and Group 1 -2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access. High -rise buildings and Group 1 -2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access shall be provided with an automatic smoke detection system in accordance with Section 907.2.13.1, a fire department communication system in accordance with Section 907.2.13.2 and an emergency voice /alarm communication system in accordance with Section 907.6.2.2. (b) Section 907.6.3.2 High -rise buildings is hereby revised as follows: High -rise buildings and Group 1 -2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a separate zone by floor shall be provided for all of the following types of alarm- initiating devices where provided: 1. Smoke detectors. 2. Sprinkler water -flow devices. 3. Manual fire alarm boxes 4. Other approved types of automatic detection devices or suppression systems. SECTION 4. Pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. As a result, a Notice of Exemption will be filed upon adoption of this ordinance. SECTION 5. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional. 110-5 ADOPTED this day of 2015. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: tc. �EJ1.•�� Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY LS 8.6.15 I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on 2015, and that said ordinance was published in accordance with the Charter of the City of Santa Ana, Date: Clerk of the Council City of Santa Ana 9 11 D -6 CITY OF SANTA ANA C COUNCIL COMMITTEE MEETING /_Tr74Z1m7_1 PUBLIC SAFETY AND NEIGHBORHOOD IMPROVEMENT August 11, 2015 5:30 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Councilmembers Benavides, Tinajero, Amezcua Police Chief, OCFA Division Chief, Senior Assistant City Attorney Recording Secretary: Eileen Greene PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. Approval of Minutes of the 5 -26 -15 Meeting 2. 4t" of July (Update on Fireworks Enforcement) — Commander Ken Gominsky {Strategic Plan Goal No. 1, 2d} 3. Body Cameras (Update on Pilot Program) — Commander Jason Viramontes {Strategic Plan Goal No. 1, 1f and 3b} 4. Social Media Outreach (Overview of the Police Department's Use of Social Media) — Commander Chris Revere [Strategic Plan Goal No. 1, 2d} 5. OCFA Annual Update on Fire /EMS Services — Chief Devin Leonard {Strategic Plan Goal No.1, 5b) 6. Landlord Penalties (Review of current SAMC Ordinance in Relation to Rental Properties and Associated Penalties /Fines) — Community Preservation Manager Alvaro Nunez {Strategic Plan Goal No. 5, 4e} 13A -1 21 Integrated Software (Update) — Deputy Chief Jim Schnabl {Strategic Plan Goal No. 1, 2a} COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS Animal Services 21St Century Policing — Recommendations E- Cigarette Regulations ADJOURNMENT — The next Public Safety and Neighborhood Improvement meeting is scheduled for Tuesday, September 22, 2015 at 5:30 PM at the City Hall Ross Annex, Room 1600, 20 Civic Center Plaza, Santa Ana, CA. The complete Strategic Plan document is available at http:/ /www.santa- ana.org /strategic- planning/. 16\1 If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Mlguel A. Pulido, Vince Sarmiento, Michele Martinez, Angelica Amezcua, Mayor Mayor Pro Tem, Ward 2 Ward NPddotnl n,a -ana om Ward MM.dnez(a—W- ena.om AAmezcuaosenta- ana.orc vsamnamonnsama- ane.em City Hall, 20 Civic Center Plaza a P.O. Box 1988 Mayor & Council Telephone: 714 -647 -6900 • Agenda Item Inquiries: 13A -2 P. David Benavides, Roman Reyna, Sal Tinaiem, Ward Ward Ward 6 uaenavmesrasama.an— RRenacsaoaan sn- iemrasenu, -ana.n Santa Ana, California 92702 714. 647 -6520 • Website: www.santa- ana.ora CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON PUBLIC SAFETY AND NEIGHBORHOOD IMPROVEMENT MINUTES May 26, 2015 CALL TO ORDER: Ross Annex, Room 1600 City Hall, 20 Civic Center Drive Santa Ana, California 5:30 PM ATTENDANCE: Council Committee members: David Benavides Sal Tinajero Angelica Amezcua STAFF PRESENT: David Cavazos, CMO Carlos Rojas, PD Devin Leonard, OCFA Laura Rossini, CAO Doug McGeachy, PD Jason Viramontes, PD Ken Gominsky, PD Christina Holland, PD -Jail Bureau Robert Carroll, PD Ed Raya, City Personnel Ellen Smiley, City Personnel Eileen F. Greene, Recording Secretary PUBLIC SPEAKERS: Jeff Chapman Linnea Chapman Jeremy Bruce PUBLIC COMMENTS Jeff Chapman, resident, addressed Item No. 3 (Bees). Mr. Chapman gives a brief synopsis of how his three Australian Shepherd dogs were killed as a result of feral bees swarming from his 13A -3 neighbor's property. The neighbor had a beehive of Africanized bees that attacked and killed his three dogs. Mr. Chapman wanted to bring this incident to the attention of this Committee. Animal Control was understaffed, untrained and unprepared to respond to this type of incident. Linnea Chapman, resident, referred to item No. 3. It was a 15 -point process from when she found her dogs dead in her backyard to being able to have them removed 24 hours later. The dogs were killed as a result of the neighbor's bees. This is a public safety issue. Jeremy Bruce, vendor, Bee Busters states more information is needed on bee - keeping. The city of Santa Ana is not a place to keep Af icanized bees that should be kept in wide open spaces. AGENDAITEMS 1. Approval of Minutes of 3 -24 -15 Meeting Motion: Approve the Minutes of 3 -24 -15 meeting. MOTION: Amezcua SECOND: Benavides VOTE: AYES: Benavides, Amezcua NOES: None (0) ABSENT: Tinajero Motion carries. Committee member Tinajero joins the meeting in progress at approximately 6:OOPM. 2. Re -entry Program (Update on Re -entry Program of Recently Released Offenders With Community Stakeholders) — Jail Administrator Christina Holland {Strategic Plan Goal No. 1, 6fl Jail Administrator Christina Holland provided a power point presentation reviewing an overview of the Police Department's response to recently released offenders back into the community as part of the Strategic Plan. The Police Department partners with Santa Ana College to provide inmates with continuing education such as vocational business programs, state certificate programs and other life skills courses. Funding is provided by the college and the Santa Ana Jail Inmate Welfare Fund. The presentation cites other non - profits who provide services and resources for housing, treatment programs, food and clothing. The Orange County Re -Entry Partnership website provides links to public, community, and faith -based agencies and advocates. Re -entry services for employment were also provided. 13A -4 3. Bees (Discussion Regarding Bee Incidents On Private Property and/or Public Property and Applicable Laws) — Deputy Chief Doug McGeachy {Strategic Plan Goal No. 11 Chief Rojas remarked that the Animal Services issue brought up in Public Comments is being evaluated with a report coming to this Committee in the near future. Deputy Chief McGeachy supplied a power point presentation regarding bees and the current laws governing them. There is no state law prohibiting feral beehives on private property and no special permits to keep bees in the state of California or county of Orange. The Santa Ana Municipal Code prohibits bees within the city, except by special permit in the A -I General Agricultural District. This discussion came about due to the attack and death of three Australian Shepherd dogs while in their backyard by a neighbor's bees. 4. Fireworks (Update on Enforcement for 4th of July) — Commander Ken Gominsky {Strategic Plan Goal No. 1, 2d) Commander Ken Gominsky delivered a power point presentation updating the enforcement plan for 4th of July. The anonymous tip line will be shared citywide via community outreach, social media and school flyers. Commander Gominsky shows has samples of the flyers for elementary school children, and posters to be placed around the city. A video clip is shown of the Public Service Announcement made by Santa Ana Police Chief Rojas and OCFA Captain Horner. The Department has already been receiving tips regarding illegal fireworks and undercover operations have begun. 5. Police Officer Body Cameras (Update on Status of Exploratory Committee and Department of Justice Grant Submission) — Commander Jason Viramontes {Strategic Plan Goal No. 1, if and 3b) Commander Virainontes provided a power point presentation with an update on police body cameras. The first community forum was held on April 3oth. It was a small group of people made up of diverse backgrounds: political leaders, students, and local media and community activist groups. Topics discussed included benefits and concerns about the body cameras. There is more community forums planned with the arrival of demonstration pieces. There are 12 Federal grants available that the Police Department is looking at. 6. Downtown Video Project (Update on Planning, Implementation and Funding) — Commander Ken Gominsky {Strategic Plan Goal No. 1, 1j1 Commander Ken Gominsky discussed and updated the video project where the Downtown Santa Ana area will have video capabilities and customer service kiosks during his power point presentation. Video cameras will be mounted on City -owned buildings, traffic poles and in parking garages. Radio communication will provide wireless service of the video to the Santa 13A -5 Ana Police Department. The Department is in the final process of procurement and then it will come before City Council. Once the project is approved, it can be up and running in two months. 7. Community Policing Plan /Self- Assessment Tool (Update) — Commander Ken Gominsky {Strategic Plan Goal No. 1, la} Commander Ken Gominsky gave an update on Community Oriented Policing Survey. The power point presentation defined the goal of the survey as helping create a Community Oriented Policing Plan. There will be six steps: informal information gathering, compiling data and sorting into common themes, select an entity to co- author the COP survey, select a research partner, utilize the partnership to establish four community forums in each of the four policing districts, and finally have the research partner utilize data from all prior actions sent out via the City of Santa Ana and SAUSD resources, as well as social media. 8. Police Officer Recruitment (Update) — Police Admin. Manager Robert Carroll {Strategic Plan Goal No. 1, li} Police Admin. Manager Carroll dispensed a power point presentation which highlighted progress made since the beginning of 2015 as it relates to police officer recruitment. He discussed various resources that the Department continues to use to attract viable candidates. The Department also implemented different strategies and identified funds for marketing activities and recruiting candidates. Upcoming will be implementation and research of new software programs to increase efficiency. 9. Wage and Benefit Study (Discussion of Comparable Wage and Benefits of Police Officers) — Executive Director, Personnel, Ed Raya {Strategic Plan Goal No. 7, 4a} Ed Raya, Executive Director of Personnel, dispensed a handout addressing the results of a salary study. The salary study is a tool used when studying a number of positions to maintain who we are and the compensation we offer across the board with other cities in the county. Police officers picked the agencies that most resemble Santa Ana, including some cities outside the county that serve larger, diverse communities. Adding together Santa Ana's base pay and total potential annual compensation, the City of Santa Ana came up at being No. 3. Santa Ana is competitive in the marketplace with base pay average and total compensation a little above average. 13A -6 Chairman Benavides, Councilmember Amezcua and Councilmember Tinajero were in attendance to discuss the above agenda items. The Public Safety Committee was very supportive of the Police Department's re -entry program and different certificates available, this year's public awareness /educational campaign regarding fireworks, having community forums to discuss the issues of police body cameras, and enhancing public safety in the Downtown. Councilmember Tinajero was excited about the community policing plan but wanted to exercise caution with the survey because of the diversification of Santa Ana's population. The City Manager thanked the Committee for making Police Officer Recruitment a priority. Overall, the Public Safety Committee was complimentary and thanked the City Manager, Police Chief and the Chief of OCFA for all their hard work. ACTION: Councilmember Amezcua directed staff to create a Public Service Announcement regarding the dangers of having feral or Africanized bees. The Police Department will work on a public safety campaign with the owners of the dogs who were killed to raise awareness of laws and dangers. City Manager Cavazos agreed that the report would be brought back to this Council sub- committee. FUTURE AGENDA ITEMS No future items identified. ADJOURNMENT — 6:59 P.M. CARLOSROJAS Chief of Police 13A -7 13A -8 CITY OF SANTA ANA. AGENDA Parks, Recreation, Education and Youth (PREY) Council Committee Monday, August 17, 2015 — 5:30 p.m. CALL TO ORDER Room 1600, Santa Ana City Hall Ross Annex Committee Members: Council Member Tern Sal Tinajero, Council Member Angelica Amezcua, and Council Member Roman Reyna Recording Secretary: Ron Ono, Admin Services Manager PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. Approval of Minutes of the April 27, 2015 Meeting 2. FY 15 -16 Park Improvement Plan Update (Ali Borujerdi ) {Strategic Plan No. 6, 2A, 2131 3. Discuss District /City August 24 Joint Policy Meeting (Gerardo Mouet) {Strategic Plan No. 2, 1131 a. Joint Use Agreements and Projects b. Homeless Shelter c. SAUSD Student City Library Card d. Fallow Up Items from District /City May 4 Joint Policy Meeting 4. Joint Use Tennis Court at Santa Ana High School (Gerardo Mouet) {Strategic Plan No. 2,1 B) 5. Update on New Recreation and Library Programs (Jeannie Jurado) {Strategic Plan No. 2, 2A, 213, 3D} 6. Staff Update & Comments STAFF MEMBER COMMENTS COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS ADJOURNMENT JIf you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647.5340. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.1021 Santa Ana City Council Miguel A PWldo Vincem E Su n .... n i 4fi0nelo Mmaiacv Myellca amacua P_ povltl 6enavttlas i Raman Rayon Sal Tinajero Mayor ! Mayor Pro Tem. Ward I Wartl 2 Ward 8 Wad 4 ! Ward 5 Ward 6 MPul tlorasa Ha -ana aro ! VSermienld('tm m-ml..orq tvlMartinezfiilaaNa- anaorg ! AAmez.um a.nlaana.oro ! peenavideshilsanta- ana or ! RR a agJg :anaom ! STinaerocolsanla -am grn City Hall, 20 Civic Center Plaza s P.O, Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714.647 -6900 + Agenda Item Inquiries: 714.647.6520 . Website: www.santa ana,orq 13A -9 13A -10 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL COMMITTEE ON PARKS, RECREATION, EDUCATION AND YOUTH April 27, 2015 CALL TO ORDER The regular meeting convened at 5:44 p.m. at Santa Ana City Hall Ross Annex Room 1600; 20 Civic Center Plaza, Santa Ana, California 92702. ATTENDANCE Council members Present Mayor Pro Tem, Sal Tinajero (Chair) Roman Reyna Angelica Amezcua Staff Present: David Cavazos, City Manager Gerardo Mouet, PRCSA Executive Director Ron Ono, Administrative Services Manager Jeannie Jurado, Community Services Manager Jorge Garcia, Sr. Management Assistant CMO Kent Yamaguchi, SA Zoo Manager Cheryl Eberly, Principal Librarian Hiram Uribe, Graphic Designer PUBLIC COMMENTS: o None • APPROVAL OF MINUTES o Minutes of October 27, 2014 accepted as presented. • UPDATE ON NEW YOUTH COMMISSION AND YOUTH CIVIC ENGAGEMENT PROGRAM o Cheryl Eberly introduced the youth interns and the youth services summit. She presented the Key Activities, which included Outreach Events to promote Civic Engagement, Higher Education Programming, Planning Youth Voter Drive, and Summer Volunteer boot camp. The Youth Commission held a Special meeting to establish bylaws. PREY Regular Meeting Page 1 April 27, 2015 13A -11 • Councilmember Reyna expressed concern about the voter outreach portion. Program should focus on mentoring and promoting graduation. • Mr. Mouet explained the voter outreach is to inform youth on registration and voting process. • Councilmember Reyna indicated he would like the youth to facilitate the voting process. • Councilmember Tinajero indicated Anaheim teaches youth on how to register at age 16 years. Need to promote absentee ballots since most residents work. • Overall the council expressed excitement over the program. • JOINT -USE MASTER AGREEMENT UPDATE • Mr. Mouet presented the purpose of the Master Joint Use Agreement is to consolidate all the existing agreements with SAUSD for use of facilities. • Councilmember Reyna asked if there has been discussion on an overall agreement with all the schools. • Mr. Mouet explained the Civic Center Act requires the district to open school sites to the public. • Councilmember Reyna asked if the proposed Godinez synthetic turf included the track as part of the project. Staff responded it does. • Councilmember Tinajero asked about the Willowick Golf Course. • City Manager Cavazos indicated we need additional open space to address the needs of our growing population. The gross revenue of the golf course is $600,000 and the purchase price is $6 million. • Councilmember Tinajero indicated the Godinez field needs two batting cages and the Segerstrom field needs an enclosed dugout. « PARK DEFERRED MAINTENANCE o Continued to the next meeting. UPDATE ON ZOO GIANT RIVER OTTER PROJECT o Kent Yamaguchi, SA Zoo Manager presented the need for a new exhibit and how the existing exhibit will be modified with an underwater viewing window. He indicated the zoo is looking at housing two pairs of animals to rotate in the exhibit. The cost of the exhibit is $2 million and we are looking at partnering with FOSAZ, OCWD, Discovery Museum and others to help fund $600,000 of the exhibit. « McFADDEN /STANDARD PARK LAND SWAP PROSPECT UPDATE c Continued to next meeting PREY Regular Meeting Page 2 April 27, 2015 13A -12 MAJOR CITY PRODUCED EVENTS UPDATE • Jeannie Jurado presented the list of City produced events and the flyer for the May 1, 2 &3 Cinco de Mayo event. She also provided dates and time for the July 4t" Celebration, Shakespeare in the Park, Plaza Wellness 5K, and other events. • Councilmember Reyna indicated he contacted 1 st American Title to help with sponsorship for some of the events and asked if they contacted staff. • REVIEW DOG PARK FEASIBILITY STUDIES o Continued to next meeting. • STAFF UPDATE AND COMMENTS o None COMMITTEE MEMBER COMMENTS o Councilmember Amezcua indicated she was pleased to be at the events. o Reyna indicated Parks and Recreation is growing. We have a lot of events and the video produced by the youth was great. o Council member Tinajero indicated its great opportunity when we have money and working together as a team. • FUTURE AGENDA ITEMS o Councilmember indicated we need to communicate on the list of items and reduce it to five or less items. • ADJOURNED: 6:57 p.m. a�-.rfs7' erardo Mouet *�� Executive Director, PRCSA PREY Regular Meeting Page 3 April 27, 2015 13A -13 13A -14 SANTA ANA UNIFIED SCHOOL DISTRICT /CITY OF SANTA ANA COUNCIL JOINT POLICY MEETING The Santa Ana Unified School District /City of Santa Ana Council Joint Policy Meeting will convene at the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California, in City Hall Ross Annex Room 1600 at 4:OOpm, Monday August 24, 2015. AGENDA August 24, 2015 CALL TO ORDER PUBLIC COMMENTS 1.0 Approval of Minutes of the May 4, 2015 District /City Minutes 2.0 Safety Issues 2.1 Homeless Shelter Update - City 2.2 Update on Needle Exchange Update — City 2.3 Vector Control Update 3.0 Possible Joint -Use Agreements 3.1 Model Master Agreement 3.2 Godinez Fundamental High School 3.2.1 Involving Stadium and Track Fields 3.2.2 Support by: 3.2.2.1 50/50 sharing of capital expanse 3.2.2.2 Irrevocable trust with annual contribution 3.3 Santa Ana High School Tennis Courts 3.4 Segerstrom High School Fields 3.5 Library Collaboration 4.0 Updates 4.1 City Produced Events 4.2 Promise Zone — City 4.3 Follow Up to Santa Ana Winds, Grant School Parking, and Lyon Street Tree Needs 5.0 Future Items for Discussion and Planning 6.0 Next scheduled meeting— Monday November 2, 2015 at 5:30p.m. — Santa Ana Unified School District- Board room. ADJOURNMENT City of Santa Ana Council Member Sal Tinajero Council Member Angelica Amezcua Council Member Roman Rayne City Manager David Cavazos 13A -15 Santa Ana Unified School District Board of Education President John Palacio Board of Education Vice President Cecilia Iglesias Superintendent Rick Miller Minutes Page 1 Santa Ana Unified School. District 1601 E. Chestnut Avenue Santa Ana, California 92701 MINUTES Santa Ana Unified School District / City of Santa Ana Council Joint Policy Meeting May 4, 2015 CALL TO ORDER The meeting was called to order at 9:38 p.m. by Santa Ana Unified School District (SAUSD) Hoard President Palacio. Other SAUSD Board member in attendance was Ms. Iglesias, Vice President. SAUSD staff members present were Dr. Miller, Superintendent of Scheele; Dr, Phillips, Deputy Superintendent, operations; Dr. Haglund, Deputy Superintendent, Educational Services; and Dr. Lopez - Guerra, Director of Community Relations, City Council members present were Roman Reyna, Angelica Amezcua, and Sal Tinajero. City staff. 'present were David Cavazos, City Manager; Gerardo Mouet, PRCSA Executive Director; Ron Ono, Administrative Services Manager; Jeannie Jurado, Community Services Manager; Fra.n.eisoo Orallana, Sr. Engineer.; Nahil Saba, Water Resources Manager Scott Kutner, District Manager Neighborhood Initiatives; Kelly Reenders, CDA Executive Director; Vince Fregoso, Acting Planning Manager; Robert Cortez, Special Assistant to the City Manager. PU9LIC PRESENTATIONS JiLl Gottlieb, Helene Nepomuceno, Tony Viram,ontes, Alexandra Smith, and Aimee Dunkle addressed the committee members related to the Orange County Needle Exchange Program. 1.0 Approval of minutes of January 26, 2019 District /City Minutes Mr. Tinajero motioned, Mr. Reyna seconded to approve Nlinutes of January 26, 2015. Change in Order of Agenda 5,0 Santa Ana Winds Program - Instruments �cllewing discussions indicate the Santa Ana Winds no longer exists and committee asked about the status of the instrument and uniform storage. Mr. Mouet, PRCSA EXeeUtiVe Director will look into Ground Lease Agreement and report back. 13A -16 Minutes Page 2 Change in order of Agenda 2.0 Student Safety Issues 2,5 Proposed IV Needle Exchange Program (near Davis Elementary School) Mr. Cavazos, City Manager opened discussion; Scott Kutner, District Manager Neighborhood Initiatives stated deadline is May 14 and State has to comply with zoning. 2.1 Cell Tower - Portola Park (near Muir Fundamental Elementary School) Following discussions and after hearing comments, Mr. Mouet, PRCSA Executive Director stated the City will communicate with the District related to proposed locations for cell towers. 2.2 Crossing Guards Mr, Palacio, SAUSD Hoard ?resident suggested District should be part of the pre - planning process on site locations; Mr. Cavazos, City Manager stated SAPD and SAUSD PD have been meeting. Change in Order of Agenda 3.0 Possible Joint -Use Agreements 3.1 Master Agreement 3.2 Godinez Fundamental High School - possible use agreement with Valley, Century and other locations in the City 3.2.1 Xnvolving multi- purpose field and Track improvements. 3.2.2 Supported by: a. 50 /50 sharing of capital expense b. Irrevocable trust with annual contribution • To serve maintenance end future improvement needs Related to the Sports Complex and Century High School, Mr, Palacio suggests an equal partnership with the City. Mr. Reyna, City Council member stated working together will create an opportunity for sustained change. Ms. Amezcua, City Council member stated because of the lack of open space, community needs access to schools and she is wi.i.l.ing to invest money in future improvements and partnerships. Dr., Miller, SAUSD Superintendent stated convereations have been initiated with Mr. Cavazos, City Manager relating to utilizing facilities; joint use must be very clear, set guidelines, figure out policy, putting aside money to replace facilities. Joint, use should include short term and long term support. 3.2.3 Home Run Fence on Godinez High Ball Diamonds Mr. Mouet stated agreement must be, amended to reflect- reality; project needs to have a cost esti_mats for tournament field, Minutes Page 3 13A -17 3.4 MacArthur Fundamental Parking Lot Mr. Mouet stated there was an informal understanding that the parking lot can be used; hoatever, new gates were installed and locked. City needs access. Committee suggested the staff get together to resolve how city will have access. 3.5 Santa Ana Valley High School Sports Complex Mr. Mouet stated Valley was under a joint use agreement, whereby city installed the sports Lighting for use of fields. The lighting was removed to install the new sports complex. Need to discuss the continuation of its joint use or availability through the Civic Center Act, 4.0 Parking and Traffiu 4.1 Grant Site Barking (Diagonal) Mr. Balaoio suggested diagonal parking spaces; Mr. Cavazos suggested staff look into it and return with a solution to continue discussion. 6.0 watex Conservation and yducation Presentation Na.bil Saba, Water Resources Manager for the City of Santa Ana provided an update and stated the governor requires a 25% reduction in water usage, Santa Ana is required to reduce its water usage by 12£. Jessica Ouwe.rkerk, Public Affairs Manager with the Municipal water Dist.r.i,ct of orange County presented information on the Water Education School Program provided to over 3 million students countywide. 7.Q Updates 7.1 Street Resurfacing (Mitchell Child Development Center) Pilot program with the City of Santa Ana and businesses around the area; place on next Agenda. 7,2 Century High School (trees on Lyon Street) Mr. Mouet stated the City will follow -up on trees. AnJ'oURNklmNm There being no further business, the meeting was adjourned at 7:38 p.m. Next scheduled meeting - Mondav August 3, 2015, at. 5:30 P.M. - City Of Santa Ana, Administration Building. ATTEST: "_J�s a- G..wwwLrr s 13A -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: r -r Receive and file. CLERK OF COUNCIL USE ONLY- As Recommended ❑ As Amended ❑ Ordinance on 15� Reading ❑ Ordinance on 2"tl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUER TO FILE NUMBER This action Informs the City Council of the Imminent approval of the subdivision based upon the Subdivision Map Act and meeting all of the conditions of approval set by the City. The City Engineer has received Final Parcel Map No. 2014 -179 (City Parcel Map No. 2015 -01), for 1540 East Warner Avenue (Exhibit 1), from the current owner, MCA Brookhollow, LLC, a California Limited Liability Company, and is in the process of reviewing the map for final approval, The subdivision is zoned Specific Development District Number 8 (Brookhollow Office Park), The Tentative Parcel Map No. 2014 -179 was approved by the City Council on August 4, 2015. Pursuant to Section 34 -183 of the Banta Ana Municipal Code, the City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of September 1, 2015. SIRAIEGIC PLAN &IGNMENT Approval of this item supports the City's efforts to meet Goal No, 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through now General Plan and Zoning Ordinance policies). FISCAL IMPACT There is / fiscal impact associated with this action. F ed ousa vlpour r Executive Director Public Works Agency FM /EWG /AC Exhibit 1, Map 17A -1 SANTA ANA Title; PV City Council Agenda Dale September 1, 2015 ftc "" two EXHIBIT PARCEL MAP N0. 2014 -179 1540 EAST WARNER AVENUE ,s REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE; QUARTERLY REPORT OF CONTRACTS VALUED AT $25,000 OR LESS ENTERED INTO BY THE CITY MANAGER AS PERMITTED BY CHARTER SECTION 421 {STRATEGIC PLAN NO. 4, 1} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on latReading ❑ Ordinance on 20OReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Quarterly Report of Contracts entered into between April 1, 2015 to June 30, 2015 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 and agreements entered into between April 1, 2015 to June 30, 2015, 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. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #4 City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment). FISCAL IMPACT There is no fiscal impact associated with this action. 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N � O O O O M O� O O O 0 O O m m N V V V N 0 C l0 n l0 t0 M Ol 1� V1 H M O O O O H n T m t O m I W w N O O 3 a-I N N rl N V1 N N N N N V V) .-i O Vt d' N N N M N N O a +/} i/} 1/T 1/1 i/} a/} V} i/} t/} T u v u u u^¢ u a^ u u u u a v a a an z z u z 3 U m U U U m z o Q O_ a 0_ LL LL 6 d 0_ LL O_ a 0_ a 0. 0_ W a LL a U LL LL LL w a LL LL of O N O 0) N rl H d O1 O N V1 tO h M m m O vt V1 V� V1 V1 1p N Ol O ti N d' I� 01 rl N m v a a a a in It a m E o O o 0 0 0 o O o o O o 0 0 0 0 0 o O o 0 0 0 0 0 0 0 m 00 m CO W W 00 m m CO N N N N CO 00 � CO m N W 00 W CO O� 00 W H N H N r-I e-I N N N N rl H N ci H N H N H rl N H Z Z Z Z v T O 0 0 0 0 0 0 0 0 0 C7 C7 l7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H o m m LL a o_ n LL LL a¢ a a Q a a a n a a a m o_ a m m o Y O H o w O U O Z U Z J Z z z w U U CC O U_ U a o_ z w '� U F, > z 0 Q< z Z a a Z O Q Z w w Z g= 2 O `_^ 0a U a a z O w O U Z J J a O °' `� o_ I- I- z 17 0 a O w w > H Q Q �' = O z LL O Q u H w LL Z N LL J LL J E x U u z r J r z W a a z z z}} w LL� Z ^ O w W O= m U J Y 0 o F- O~a O J O F- w Z Q IV ut ut 02 w 7 Z� z Vi Z a a z 2 w 0 W X Q a 0 z m XOUX a U~ a w w Z �n O JQQ Q= z v O �n a O U ai -wi O O Q o7J w O a a 0 0 w W m w N Q Z Y Q LL Q¢ a > C7 ¢ 0 0 K m O K 0 0 0 K 2 2i w 0 m v) Q y o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a+ N N N N N N N N N N N N N N N N N N N N N N N N N N N (p \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ � M M M M M M M �t a v v d v V V1 VI V1 l0 lD l0 O1 Ol 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N M M M M M N M It V1 W n m m O H N M d' O M M It CY It V It V d' dt d' 't V) m V1 Vl N VI V1 m VI m LO to Z N N N N N N N N N N N N N N N N N N N N N N N N N N N 19C -10 Mel • CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR JULY 2015 (STRATEGIC PLAN NO. 5, 1) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1B' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for July 2015. DISCUSSION The July 2015 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. The Strategic Plan Monthly Reports are available on the City's website at: hftp://www.santa-ana.o[glstrategic-glanning 19D -1 19D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 1, 2016 TITLE: APPROVED AUTHORIZATION TO RELEASE A REQUEST ❑ As Recommended FOR PROPOSALS FOR GRAFFITI STREET ❑ As Amended CLEANING SERVICES ❑ Ordinance on 1®` Reading ❑ Ordinance on 2ntl Reading {STRATEGIC PLAN NO. 6, 1B} ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER JJ s MAMWOLA r Authorize the Public Works Agency to release a Request for Proposals for Graffiti Street Cleaning Services for proactive graffiti removal from the public right-of-way, The Public Works Agency is responsible for citywide graffiti removal. Graffiti removal Is performed 365 days a year. Graffiti is typically removed within 24 hours, based on requests received from residents through the City's graffiti hotline number and the "mySantaAns" Public Works Smartphone Application. Maintaining clean, safe, and aesthetically pleasing streets remains the common goal of the Public Works Agency. Releasing a Request for Proposals (RFP) will allow the City to continue this effort. For the last five years, the City has outsourced graffiti street cleaning services. The current contract authority with graffiti Protective Coatings will be exhausted on October 31, 2015, Staff has prepared a Request for Proposals for Graffiti Street Cleaning Services that includes specifications for 24 -hour or less responses on requests for graffiti removal services, 100 percent color matching, no "Graffiti Scars ", real -time dispatching, and seven- days -a -week service. A proposal evaluation team comprised of several City agencies will evaluate and select the proposal that will be presented for City Council consideration. September 2 2015 Release Request for Proposals September 23, 2015 Proposal Submittal Closing Date September 24 through September 29 2016 Proposals Evaluated September 30, 2015 Oral Interviews October 20 2015 City Council Meeting Award Date 19E -1 Request For Proposals for Graffiti Street Gleaning Services September 1, 2015 Page 2 STRATEGIC PLAN ALIMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy S (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Fr 6d Mousavipour Executive Director Public Works Agency FM /EWG /DM Exhibits: 1. Request for Proposal 19E -2 REQUEST FOR PROPOSALS (RFP) 1101V V I:1: 16011]ILI [eye]MAaa111111N=IiihDIT/ I &I III 7=I =119103111mrilzIIz[CV11=I:IT /[10] *9 RFP NO.: 15 -080 CITY OF SANTA ANA Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 Danell Mercado Projects Manager (714) 647 -3308 Office (714) 647 -3345 Fax dmercadopsanta- ana.org Approved for Release: Fred Mousavipour Executive Director Public Works Agency KEY RFP DATES: Issue Date: Wednesday, September 2, 2015 Mandatory Pre - proposal Meeting: Wednesday, September 9, 2015 — 10:00 a.m. Proposal Due Date: Wednesday, September 23, 2015— 4:00 p.m. Presentation /Interviews: Wednesday, September 30, 2015 Projected Award Date: Tuesday, October 20, 2015 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide proactive and reactive professional graffiti removal services from the right of way throughout the City of Santa Ana. Responses to the Request for Proposals (RFP) will be accepted until Wednesday, September 23, 2015 at 4:00 PM. If further information is required, contact Danell Mercado at dmercado(o),santa- ana.org. All notifications, updates, and addenda will be posted on the City's current RFP page at www.santa- ana.org /bids -rips. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The successful proposer must possess or obtain a valid California Class C33 Contractor's license, a C- 61/D38 Contractor License, and a City of Santa Ana Business License prior to the scheduled award date of this contract. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Public Works Agency, City Yard, Second Floor 220 South Daisy, Building A Santa Ana, CA 92703 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Danell Mercado at dmercado(o).santa- ana.org. The receiving time in the Public Works Agency, 220 South Daisy, Santa Ana, CA 92703, Second Floor, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE DO NOT E -MAIL RFP RESPONSES DO NOT FAX RFP RESPONSES City of Santa T§19S wServices RFP TABLE OF CONTENTS City of Santa Ana GRSC Services RFP Page 2 PAGE I. INTRODUCTION 3 II. PERIOD OF CONTRACT 3 III. OPTION OF RENEWAL 3 IV. FISCAL NONFUNDING CLAUSE 3 V. PROPOSAL DEPOSIT AND PERFORMANCE BOND 3 VI. SCOPE OF WORK/SERVICES 4 VII. GENERAL INFORMATION 4 VIII. COORDINATION 4 IX. PROPOSER RESPONSIBILITIES 5 X. LICENSE REQUIREMENTS 5 XI. PREVAILING WAGE 5 XII. PROPOSERS MINIMUM QUALIFICATIONS 5 XIII. PERFORMANCE REQUIREMENTS 6 XIV. ACCOUNT MANAGER /SUPPORT STAFF 6 XV. INITIATION /KICK OFF MEETING 6 XVI. CITY BUSINESS LICENSE 6 XVII. ADDENDA 6 XVIII. RULES FOR PROPOSALS 7 XIX. MANDATORY PREPROPOSAL MEETING 7 XX. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 7 XXI. SUBMITTAL INFORMATION AND DEADLINE 7 XXII. SUBMITTAL REQUIREMENTS 7 XXIII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 9 XXIV. REVIEW EVALUATION RESULTS AND AWARD 11 EXHIBIT A — SCOPE OF SERVICES 12 EXHIBIT B — PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING 19 EXHIBIT C — PROPOSER'S MINIMUM QUALIFICATIONS 21 EXHIBIT D — RELEVANT WORK HISTORY 22 EXHIBIT E - SOFTWARE REFERENCES 24 EXHIBIT F — PROPOSER'S STATEMENT 25 EXHIBIT G— CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 26 EXHIBIT H — RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONAIRE 28 EXHIBIT I — NONCOLLUSION AFFIDAVIT 31 EXHIBIT J — SAMPLE ADDITIONAL INSURED ENDORSEMENT 32 EXHIBIT K— SAMPLE AGREEMENT 33 EXHIBIT L — GRAFFITI ORDINANCE NO. NS -2791 40 EXHIBIT M — GRAFFITI ORDINANCE NO. NS2798 52 ATTACHMENT 1 — CONSENT TO ENTER & RELEASE OF LIABILITY 57 ATTACHMENT 2 — CITY MAP 58 City of Santa Ana GRSC Services RFP Page 2 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR GRAFFITI REMOVAL STREET CLEANING SERVICES The City of Santa Ana is issuing this Request for Proposals (RFP) to provide proactive and reactive professional graffiti removal services from the right of way throughout the City of Santa Ana. II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of two (2) years. The contract term is anticipated to commence after City Council award of this contract, and upon receipt and approval of all required bonds, and insurance documents. The projected contract award date is October 20, 2015, with contract start date as November 1, 2015, and may be adjusted as necessary. III. OPTION OF RENEWAL The term of this agreement shall have provision for three, one -year renewal options at the discretion of City and City Council approval unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate the Agreement at the conclusion of the initial term or any extension. Time is of the essence in the performance of services under this Agreement. No price increase will be considered during the contract term or renewal options. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. V. PROPOSAL DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five percent (5 %) of the total proposed annual contract amount set forth in Exhibit B shall accompany each proposal. The proposal deposit must be in the form of a RFP bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. The successful proposer shall supply a performance bond in the amount of one - hundred percent (100 %) of the successfully awarded total annual contract amount of the proposal prior to execution of the contract. Upon receipt of the performance bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful proposer fails to City of Santa Ana GRSC Services RFP Page 3 execute the written contract and furnish the required performance bond, or to satisfy any other conditions present within a reasonable time as determined by the City. The performance bond is to be renewed annually and submitted by the contractor in the amount of the total annual contract amount. VI. SCOPE OF WORK/SERVICES The scope of work may include any and all work efforts related to GRSC Services as set forth in EXHIBIT A - SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable, and professional staff. The contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials, and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. The contractor shall comply with all federal, state, local laws, rules, regulations, ordinances, and statutes. VII. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council and approval of required bonds no later than November 1, 2015. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer shall be responsible for retaining data, records, and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at the mandatory pre - proposal meeting, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents, and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. VIII. COORDINATION Coordination by the awarded proposer with the City, other contractors, and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with neighborhood, civic groups, local and /or state agency boards, attendance at City Council, Commission, Agency, and Community meetings. City of Santa Ana GRSC Services RFP Page 4 The City will decide the manner in which the coordination efforts with be conducted. At the City's option, coordination efforts may be performed by the proposer's direct contact, by the proposer acting through the City, or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. IX. The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. X. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a license in the classification specified in the Notice Inviting Proposals. XI. PREVAILING WAGE Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wage for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http: / /www.dir.ca.gov /. XII. PROPOSER MIINIMUN QUALIFICATIONS A. Proposer shall be in the business of providing Graffiti Removal Services on road related facilities and private properties for a large municipality or a government agency for at least three (3) years, B. Propose shall not have failed to complete a municipal contract within the last 3 years, C. Proposer shall possess all permits, licenses, and credentials required to perform graffiti removal services, and D. Shall have the ability to furnish the necessary personnel, equipment, cleaning materials, and supplies necessary to remove or cover graffiti. City of Santa Ana GRSC Services RFP Page 5 XIII. PERFORMANCE REQUIREMENTS The successful Contractor(s) shall clearly demonstrate the ability to: A. Receive service requests on a twenty -four (24) hour basis via graffiti hotline, app, fax, or e- mail, B. Prepare surfaces and paint over graffiti with a color matching the existing covering, or remove graffiti with appropriate cleaners, removers, etc., C. Protect surfaces, landscaping, and personal property, adjacent to graffiti removal locations, D. Properly clean -up work areas, and dispose of paints, chemicals, solvents, and cleaning agents, utilized in performing the graffiti removal work per local, state, and Federal regulations, and E. Accurately track and report the work location, scope, quantity of work performed, and employment utilization. XIV. ACCOUNT MANAGER/ SUPPORT STAFF A. Contractor shall provide a dedicated competent account manager who shall be responsible for the City account/contract. The account manager shall receive all orders from the City and shall be the primary contact for all issues regarding Proposer's response to this RFP and any contract which may arise pursuant to this RFP. B. Contractor shall also provide adequate, competent support staff that shall be able to service the City during normal working hours, Monday through Friday. Such representative(s) shall be knowledgeable about the contract, products offered, able to identify, and resolve quickly any issues including but not limited to order and invoicing problems. C. Contractor account manager shall be familiar with City requirements, standards, and work with the PWA staff to ensure that established standards are adhered to. XV. INITIATION / KICK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. XVI. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City's projects manager or designee prior to commencing any work in Santa Ana. XVII. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. City of Santa Ana GRSC Services RFP Page 6 XVII. 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 proposer (Exhibit 1). XIX. MANDATORY PREPROPOSAL MEETING A mandatory pre - proposal meeting is scheduled for Wednesday, September 9, 2015, at the Public Works Agency- Maintenance Services, City Yard, 220 S. Daisy Avenue M -85, Second Floor, Santa Ana, CA 92703, at 10:00 AM. The meeting will include a detailed discussion of the project, schedule, relevant details of the service etc., and will be followed by a question -and- answer session. All questions must be submitted in written form. After the pre - proposal meeting, the City will respond by e -mail to written questions or requests for clarifications. Said e- mail will be sent to pre - proposal attendees. It is highly recommended that proposer operation /field supervisors attend this meeting. It is the Proposer's full responsibility to view and inspect the areas to be maintained in accordance with this specification. XX. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's RFP and RFP page at http: / /www.santa- ana.org /bids -rfps. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services, and Terms and Conditions. Every request for such an interpretation must be made in writing via e -mail to the projects manager (dmercado(o),santa- ana.orq) no later than Monday. September 14, 2015 at 5:00 PM. Significant interpretations or clarifications will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XXI. SUBMITTAL INFORMATION AND DEADLINE LC411 Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. Four (4) copies of the response to the RFP shall be signed by a company official with the power to bind the company. B. One (1) copy of the submittal on a compact disc, USB flash drive, or equivalent. C. Structure your proposal to include the Scope of Services response, general time implementation schedule, fees /contract price, and exhibits. City of Santa Ana GRSC Services RFP Page 7 Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 25 PAGES (excluding front and back covers, section dividers, and Required Exhibits). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: Cover Letter — A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience:A profile of the firm's experience, including the names and experience of personnel and sub consultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3. Documentation of the technical ability and experience that is similar in scope to the project. a. A description of previous experience, including graffiti removal services on road related facilities and private property of similar nature and scope. 4. Implementation Plan: Proposer shall submit a general description of the deliverables and timelines to complete the project and include firm start date after award and approval on Tuesday, October 20, 2015. 5. Statement of past project disqualifications(s) and litigation. 6. Proposed Quality and Cost Control Plan: to enhance the service and responsiveness to the City. It should include the following: a. The methodology in which the firm will handle complaints from the public and damage to public and private property. b. Effective means to correct problems. C. The means the firm will use for completed the project. Financial Responsibility (Capacity): Proposer shall submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. 8. Proposal Deposit (RFP Bond): Five - percent (5 %) of the total proposed annual contract amount of the proposal item pricing in Exhibit F. The proposal deposit must be in the form of a RFP bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be City of Santa Ana GRSC Services RFP Page 8 payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. B. EXHIBIT B — PROPOSER'S CERTIFICATION AND PROPOSAL ITEM PRICING C. EXHIBIT C — PROPOSER'S MINIMUM QUALIFICATIONS D. EXHIBIT D — RELEVANT WORK HISTORY E. EXHIBIT E - SOTWARE REFERENCES F. EXHIBIT F — PROPOSER'S STATEMENT G. EXHIBIT G— CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR H. EXHIBIT H — RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE I. EXHIBIT I — NONCOLLUSION AFFIDAVIT J. EXHIBIT J — SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY K. The proposal must be completely responsive to the RFP. Any exceptions to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. L. 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. The City reserves the right to waive minor inconsistencies in submitted Proposals. XXIII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION As a result of this RFP, the City intends to award a contract to the responsible Proposer(s) whose response conforms to the RFP and whose RFP presents the greatest value to the City, all evaluation criteria considered. The combined weight of the evaluation criteria is greater in importance than cost in determining the greatest value to the City. The goal is to award a contract to the Proposer(s) that proposes the City the best quality as determined by the combined weight of the evaluation criteria. The City may award a contract of higher qualitative competence over the lowest priced response. The basic information that each section should contain is specified below, these specifications should be considered as minimum requirements. Much of the material needed to present a comprehensive proposal can be placed into one of the sections listed. However, other criteria may be added to further support the evaluation process whenever such additional criteria are deemed appropriate in considering the nature of the goods and /or services being solicited. The evaluation process may include a two -stage approach including an initial evaluation of the written proposal and preliminary scoring to develop a short list of Proposers that will continue to the final stage of oral presentation and interview and reference checks. The preliminary scoring will be based on the total points. The criteria for evaluating the proposals submitted will take the following items into consideration City of Santa Ana GRSC Services RFP 4 Page 9 A. Overall Proposal /Understanding of the Required Services ....................... 25% Proposals will be evaluated against the RFP specifications and questions below: 1. Has proposer demonstrated a thorough understanding of the purpose and scope of services 2. Has the proposer demonstrated that it understands the deliverables and reports (i.e. monthly /quarterly /annual reports and data) the City expects it to provide B. Relevant Experience ............................................. ............................25% Proposals will be evaluated against the RFP specifications and the questions below: 1. Does the proposer have experience on similar size contracts 2. Does the vendor have at a minimum three years' experience dealing with municipalities C. Price Proposal ............................................................. ............................15% Price Proposals will be evaluated on the basis of the Grand Total Pricing submitted in Exhibit B. D. Information Management ....................................... ............................25% 1. System Design — A comparison will be made of the proposed web based work order management system and mobile application tool. The ability for features of the proposed design that offer enhanced utility, ease of use of each of integration with existing Public Works equipment and systems 2. Technical support for software and data management E. Innovative and /or Creative Approaches... Ability to providing the services that performance capabilities Oral Interviews ................ .............................10 % provide additional efficiencies or increased In addition to the written proposal, the top tier proposers may be asked to make an oral presentation to the Selection Advisory Committee. The Contractor should have available a principal in the company and the contractor's proposed project manager to discuss the following: 1. The major elements of the proposal and be prepared to answer questions clarifying the proposal details 2. A description of similar experience the Contractor has in providing the requested services. Exhibits may also be used 3. The proposed staffing, supervision coverage, level of training, fleet, and facility resources identified to provide the requested services 4. At least five (5) before and after pictures of various types of graffiti removal done by vendor within the last five calendar years 5. A copy of an invoice sent to a public entity, and 6. Any other area the City finds necessary to address The proposals will be reviewed by the Selection Advisory Committee of City staff members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers on Wednesday, September 30, 2015, and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate oricina and for additional terms. Citv reserves the riaht to beain neaotiations and enter into a contract without an interview or further discussions. City of Santa Ana GRSC Services RFP Page 10 XXIV. REVIEW EVALUATION RESULTS AND AWARD Proposals will become public record after award of contract. Interested offerors may submit a written request with a self- addressed stamped envelope to receive results of the evaluation. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Submit your request to City of Santa Ana, Public Works Agency- Maintenance Division, 220 S. Daisy Avenue, Santa Ana, CA 92703. City of Santa Ana GRSC Services RFP Page 11 I *:1:11 -3Yr_1 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR GRSC SERVICES 1-10101;1 =1AVH6i INTENT It is the intent of these specifications, terms, and conditions to describe Graffiti Removal Street Cleaning (GRSC) Services being requested by the City of Santa Ana Public Works Agency (PWA). The City intends to award a 2 year contract (with option to renew) to the proposer selected as the most responsible proposer whose response conforms to the RFP and meets the City's requirements. It is the intent of these specifications, terms, and conditions to procure the most environmentally preferable services. SCOPE The services shall consist of providing proactive and reactive professional graffiti removal services throughout the City of Santa Ana, specifically high quality workmanship that leaves no traces of past vandalism. Contractor providing the service shall coordinate work with the appropriate governmental agencies, City staff, private property owners, and /or tenants of properties of the project site(s). For each service call from the community, the Contractor shall complete the requested graffiti removal services within twenty -four (24) hours. In the event that a service call site from the community cannot be abated within twenty -four (24) hours due to inclement weather, size of the site, or any other reason, the Contractor shall notify the Project Manager and /or his /her designee with the status of the site prior to the end of the twenty -four (24) hour timeline. I. SPECIFIC REQUIREMENTS Contractor shall: a. Remove or paint over all types of graffiti in compliance with all Federal, State, and local laws at locations in the City of Santa Ana. Contractor(s) shall provide all labor, materials, and equipment necessary to perform graffiti removal services according to accepted industry standards. b. Remove graffiti from public structures, visible from the right -of -way, including, but not limited to i. Public buildings, monuments, and facilities, ii. Street light poles, iii. Traffic signal poles or controller boxes, iv. Concrete structures (i.e. City -owned sidewalks, bridges, overpasses, and flood channel facilities, etc.), V. Guardrails, vi. Traffic signs, vii. City Parks and viii. Trails. c. Perform graffiti removal work on private structures. As authorized, remove graffiti from private structures, visible from the right -of -way, including, but not limited to i. Exterior walls, ii. Fences, City of Santa Ana GRSC Services RFP Page 12 iii. Sidewalks, V. Windows, V. Trash receptacles, vi. Utility boxes and covers, vii. Signs, viii. Bus stops and shelters, X. News racks, X. Doors, and xi. Flag poles. Work on private property shall not be performed without the Consent form signed by the owner or authorized by the Project Manager and /or his /her designee. A sample of the Consent form is provided as Attachment 1. The contractor shall obtain the signature of the property owner on the consent form prior to beginning work. Original consent forms shall be returned to the Project Manager and /or his /her designee on a weekly basis and are the property of the City. d. City Parks At the City's discretion, if funded and approved, Proposer will remove graffiti in the Parks not visible from the right -or -way, including, but not limited to: i. Restrooms — Interior and Exterior, ii. Park Exterior Facilities (snack bars, storage closets, rec. buildings), iii. Concrete structures (i.e. sidewalks, paths, bridges, trails), V. Bike Paths, V. Walking Paths, vi. Bleachers, vii. Baseball /Softball Diamonds, viii. Trash Receptacles, X. Rocks, X. Doors, xi. Fences, xii. Windows, xiii. Utility boxes and covers, and xiv. Park Trees, The above work will be priced separately from the Pricing Section Grand Total Price in Exhibit B. e. Unless notified otherwise by the Project Manager and /or his /her designee, graffiti shall be removed so no trace of the pre- existing graffiti remains. f. Protect the surfaces adjacent to the area to be abated. g. Abate the entire surface in the event that the graffiti covers a significant area of the surface. The Project Manager or his /her designee shall determine whether or not an entire surface will be abated on a case by case basis. h. Ensure protection of the work area at all times, including, but not limited to i. Barricade the area of work at safe distances, so as to prevent unauthorized access to the area, ii. Barricade area of work within the public right -of -way, iii. Using warning signs and safety cones to inform the public of work being conducted, V. Immediately correct damage to the work site, V. Leave work site in undamaged condition, vi. Post signage to identify wet paint, City of Santa Ana GRSC Services RFP Page 13 vii. Remove all equipment and materials when leaving work each day. viii. Dispose of all packaging, containers and excess materials in accordance with applicable laws, regulations, ordinances, codes, and any other legislative or statutory requirements. Materials rinse residue shall be collected and disposed of appropriately. i. Meet with City Project Manager and /or his /her designee when requested at mutually agreed upon dates and times. Contain and dispose of all sand, water, or other materials used in blasting or pressure washing operations in accordance with local, State, and Federal regulations. k. Correct any damage to public or private property as a result of Contractor's operations at the sole expense of Contractor(s). I. Apply anti - graffiti coatings, as required, by the Project Manager and /or his /her designee. m. Conduct operations with least possible obstruction and inconvenience to the public, and barricade no greater area of work than necessary. n. Provide and maintain fences, barriers, directional signs, lights, and flag persons as necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the work and to give directions to the public. Any road break permits required shall be the responsibility of the Contractor. o. Conduct full -time daily proactive surveillance at Contractor's expense. p. Working Hours shall be no earlier than 6:00 a.m. to no later than 5:00 p.m. On Weekends and holidays, the Contractor shall respond to all graffiti telephone hotline requests received by 12 noon. q. On Weekends and holidays and every other Friday that City Hall is closed, the Contractor shall retrieve and respond to all graffiti telephone hotline requests received by 12 noon. On the weekends, contractor will respond to graffiti removal request received between noon on Saturday and 12 noon on Sundays within 24 hours. City Holidays observed, New Year's Day, Martin Luther King, Jr. Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day The Project Manager and /or his /her designee or the Police Department may designate sites as needing an emergency response. An emergency work order will be issued immediately and will have first priority for graffiti removal on the same day. s. Should the Contractor fail to correct deficiencies or public nuisances that have been created because of their operations, the City will proceed to take corrective measures and this project will be considered as an emergency. Such work will be done on a staff account basis with an additional call out charge of $75.00 for each call out. It should be noted that there is a minimum of a two -hour charge for labor for any call out. II. WEB BASED WORK ORDER MANAGEMENT SYSTEM a. Contractor shall provide a real -time web based work order system for receiving, tracking, and closing work orders which City personnel may access. System must allow multiple photos per work order number. City of Santa Ana GRSC Services RFP Page 14 b. Work orders shall include: i. Location or address, ii. Before and after photos; iii. Date and time of work order creation; V. Date and time of removal performed, V. Response time in hours, vi. City department, vii. City contact name, viii. Date and time of request, X. Date and time of work performed, X. Square footage, xi. Surface type, xii. Public or private property, xiii. Brief description of graffiti, xiv. Description of remedy, and xv. Gang tag ID c. Work order system shall include personalized and secure client logins, and City personnel may monitor City work orders and projects. d. Location shall include a Global Positioning System (GPS) link attached to Google or other commonly used online mapping application. e. Web based system must be able to show: i. All work order status, ii. Maps of zones as provided by City, iii. Response time to work orders, V. Costs by zones, V. Square footage cleaned by zones, vi. Custom graphs and reports to include but not limited to, vii. Total Locations received from Graffiti Hotline, viii. Total Location received from App X. Total Square Footage Removed X. Average response time for service calls through Graffiti Hotline /App 1. Same Day Response 2. Within 24 Hours 3. Within 48 Hours 4. Over 48 Hours and /or referred to other Agencies xi. Maps in Google Earth, f. The City shall have access to this data following completion of the work order for a period of three years. g. All data collected in the database for this project is the property of the City of Santa Ana. III. MOBILE APPLICATION TOOL a. Contractor shall provide a mobile application free for City personnel and the general public. b. This application shall allow for the submission of photos of graffiti electronically into Contractor's Work Order System. c. Reporting party shall automatically receive an electronic response with all before and after photos once the work has been completed. City of Santa Ana GRSC Services RFP Page 15 d. This application shall be available on ICS and Android platforms, including, but not limited to Apple (Phone and Google Android mobile devices. e. Mobile requests are to be electronically submitted to work order system and assigned a work order number in real time. f. Upon job completion, a "Thank You" note with all before and after photos are to be transmitted electronically to the resident's email address. g. Responding email must have a feedback link to an electronic survey that allows residents to rate services and response time. h. App shall have flexibility to allow reporting of other Public Service Requests at no additional cost to the City. i. App must be available on the App Store and Android marketplace at the cost of the contractor. j. App must be a native IOS and Android app, mobile webpages requiring the public's data usage from their browser are not acceptable alternatives. k. A web link is to be included that allows residents to submit their requests directly on the City's website. I. Contractor must be able to demonstrate all aspects of the web based work order system and mobile app through a working version of the software prior to award of RFP, and must include Smartphone app names and contact information for a minimum of three (3) municipal customers of similar size that have used contractor's software for at least 12 months. IV. DELIVERABLES a. A minimum of at least two hundred (200) hours of daily weekday surveillance will be required as part of the contract. In addition, a minimum eight (8) hours of daily weekend and Holiday surveillance will be required as part of this contract. The surveillance activities will be done at the Contractor's cost. b. Contractor(s) shall provide online access to before and after digital photograph files, mapped locations, billing information, etc. in a real -time environment of graffiti removal work done for the City. Digital photographs shall be clearly labeled as public or private, before or after, and with the exact location of the graffiti, and shall reference any work order number associated with the removal. All photographs shall be date and time stamped. All photographs shall show enough of the surrounding area or structure to determine size and location on the facility. Contractor is to provide real -time mapping of all graffiti removal via Google maps or other commonly used mapping. c. The Contractor will prepare and submit to each City department or agency a report of surveillance activities performed during the month. This report will provide the following basic information: i. Amount of time spent on surveillance per week, ii. Areas covered in the surveillance, iii. Dates and time that surveillance took place, and iv. Graffiti found and location of the graffiti. V. INVOICING a. Contractor shall invoice the requesting department unless otherwise advised, upon satisfactory receipt of product and /or performance of services. City of Santa Ana GRSC Services RFP Page 16 b. City will use best efforts to make payment within thirty days following receipt and review of invoice and upon complete satisfactory receipt of product and performance of services. c. City shall notify Contractor of any adjustments required to invoice. d. Invoices shall contain City PO number, invoice number, remit to address and itemized products and /or services description and price as quoted and shall be accompanied by acceptable proof of delivery. e. Contractor shall utilize standardized invoice template upon request. f. Invoices shall only be issued by the Contractor who is awarded a contract. g. Payments will be issued to and invoices must be received from the same Contractor whose name is specified on the PO's. h. The City will pay Contractor monthly or as agreed upon, not to exceed the total quoted in the RFP response. i. Contractor(s) shall provide a spreadsheet with each monthly invoice showing the following, i. Showing each location or address serviced, ii. Number of the service request associated with the removal if any, iii. Type of removal, V. Date, V. Notes, vi. Square footage cleaned, and vii. Method of removal. VI. PERFORMANCE REQUIREMENTS The successful Contractor(s) shall clearly demonstrate the ability to a. Receive service requests on a twenty -four (24) hour basis via app, fax, or e -mail, b. Prepare surfaces and paint over graffiti with a color matching the existing covering, or remove graffiti with appropriate cleaners, removers, etc., c. Protect surfaces, landscaping, and personal property adjacent to graffiti removal locations, d. Properly clean -up work areas, and dispose of paints, chemicals, solvents, and cleaning agents utilized in performing the graffiti removal work per local, state and Federal regulations, and e. Accurately track and report the work location, scope, quantity of work performed, and employment utilization. VII. ACCOUNT MANAGER/ SUPPORT STAFF /WORK TRUCK CREW a. Contractor shall provide a dedicated competent account manager who shall be responsible for the City account/contract. The account manager shall receive all orders from the City and shall be the primary contact for all issues regarding Proposer's response to this RFP and any contract which may arise pursuant to this RFP. b. Contractor shall designate once specific truck/individual to oversee an inspect work performed by Contractor's personnel assigned to this contract. The representative shall be immediately City of Santa Ana GRSC Services RFP Page 17 available during work activities to receive communications from the Project Manager and /or his /her designee. All Contractor staff shall be a cell phone in order to be contacted by the Project Manager ana /or his /her designated staff. c. The Contractor shall utilize only trained, competent employees in the performance of this contract. At the request of the City, the Contractor shall remove from assignment to this contract any incompetent, abusive, or disorderly employee, whether supervisory or non - supervisory. d. Any person assigned to this contract found to be in possession of and /or under the influence of intoxicants or narcotics shall be removed from assignment to his contract. This person may be subject to arrest and criminal prosecution. e. Personnel employee by the Contractor shall be screened and are not to perform services under the contract without prior approval from the Contract Representatives. All employees' peforming services must undergo a criminal background investigation by the Santa Ana Police Department prior to service under this contract. f. Contractor shall also provide adequate, competent support staff that shall be able to service the City during normal working hours, Monday through Friday. Such representative (s) shall be knowledgeable about the contract, products offered and able to identify and resolve quickly any issues including but not limited to order and invoicing problems. g. Contractor account manager shall be familiar with City requirements and standards and work with the Project Manager and /or his /her designee to ensure that established standards are adhered to. h. Contractor account manager shall keep the City Specialist informed of requests from departments as required. VII. EQUIPMENT The Contractor's vehicles and equipment shall be neat in appearance and easily identified. Identification of the Contractor's vehicles shall consist of, at a minimum, company name, local telephone number, and contract services provided by City of Santa Ana in print no less than eight (8) inches tall. b. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition. c. The Contractor shall provide all personnel, vehicles, supplies, and equipment necessary to perform services. City of Santa Ana GRSC Services RIF Page 18 EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand, and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and I am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions, or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on a unit cost for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. COST SHALL BE SUBMITTED ON EXHIBIT B AS IS. NO ALTERATIONS OR CHANGES OF ANY KIND ARE PERMITTED. RFP responses that do not comply will be subject to rejection in total. The cost quoted below shall include all taxes and all other charges, including travel expenses, and is the cost the City will pay for the three -year term of any contract that is a result of this RFP. Quantities listed herein are annual estimates based on past usage and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied. Proposer hereby certifies to City that all representations, certifications, and statements made by Proposer, as set forth in this RFP Form and attachments are true and correct and are made under penalty of perjury pursuant to the laws of California. RFP proposal fee will be based on Pricing Section G11A D TOTAL, PRICE. GRAFFITI REMOVAL — STREET CLEANING Item No. Description I Monthly cost per Truck for 40 hours a week for weekday service. Service truck must be able to perform both painting and media Monthly B times (x) 12 months Weekday fort 1 blasting. service truck $ $ Daily cost per Truck for 8 hours a day for 2 weekend (Saturday & Sunday) and Holiday Daily service. Service Truck must be able to Weekend and B times (x) 113 days Holiday for 1 service perform both painting and media blasting. truck $ $ PRICING SECTION — GRAND TOTAL PRICE — STREET CLEANING Item No. 1: Column C times (x) Five (5) Trucks E Item No. 2: Column C GRAND TOTAIL. IRRH'IE (Ram No.1 3,.2 ahovey - � City of Santa Ana GRSC Services RFP Page 19 Cooperative Purchasing It is intended that any other public agency (e.g., city, county, school district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City of Santa Ana shall incur no financial responsibility in connection with any purchase by other public agency. Labor Classification The work performed on this contract is routine, recurring, and watering, trimming, pruning, planting, removal, and replacement servicing of irrigation. The rates included in the Cost Proposal are determination "Repaint Painter, Lead Abatement'. usual. The work includes of trees and plants, and based on prevailing wage ►�u • •u'L► '.�► �►loll MN ► u: BUSINESS ADDRESS IN 110 I9=1H04 IG1AIzKoly_1Uta01 7r / ill DRAW ill ON SIGNATURE OF AUTHORIZED AGENT DATE TITLE E -MAIL ADDRESS CONTRACTOR LICENSE NUMBER THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 20 GRAFFITI REMOVAL — CITY PARKS Item MR), j Ip f No. Description Monthly cost per Truck for 40 hours a week for weekday service to perform proactive graffiti removal in the Parks (Section I.c. of Exhibit A, Monthly B times (x) 12 months page 13 of RFP) Service truck must be able to weekday for 1 1 perform both painting and media blasting. service truck 8 $ Cooperative Purchasing It is intended that any other public agency (e.g., city, county, school district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City of Santa Ana shall incur no financial responsibility in connection with any purchase by other public agency. Labor Classification The work performed on this contract is routine, recurring, and watering, trimming, pruning, planting, removal, and replacement servicing of irrigation. The rates included in the Cost Proposal are determination "Repaint Painter, Lead Abatement'. usual. The work includes of trees and plants, and based on prevailing wage ►�u • •u'L► '.�► �►loll MN ► u: BUSINESS ADDRESS IN 110 I9=1H04 IG1AIzKoly_1Uta01 7r / ill DRAW ill ON SIGNATURE OF AUTHORIZED AGENT DATE TITLE E -MAIL ADDRESS CONTRACTOR LICENSE NUMBER THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 20 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES PROPOSER'S MINIMUM QUALIFICATIONS PROPOSER Minimum Qualifications (Circle YES or NO) a. Vendor(s) is in the business of providing Graffiti Removal Services on road related facilities and private properties for a municipality or a government agency over 10 square miles or greater for at least three (3) years, YES NO b. Vendor has failed to finish a municipal contract term within the last 5 years, YES NO If answer to question b. above is yes, please provide justification or explanation with the municipal contract representative for verification. c. Vendor possesses all permits, licenses, and credentials required to perform graffiti removal services, and YES NO d. Vendor has the ability to furnish the necessary personnel, equipment, cleaning materials, and supplies necessary to remove or cover graffiti. YES NO Firm: Signed: Printed Name: Title: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 21 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES RELEVANT WORK HISTORY List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment, or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer l Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer l Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year Contact Individual. Phone Number: Facsimile Number Year Contact Individual: Phone Number: Facsimile Number: Year City of Santa Ana GRSC Services RFP Page 22 Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year Contact Individual: Phone Number: Facsimile Number: Year THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 23 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES SOFTWARE REFERENCES Proposer Name: Company Name: Contact Person: Address: Telephone Number: City, State, Zip: E -mail Address: Services Provided / Date(s) of Service: Company Name: Contact Person: Address: Telephone Number: City, State, Zip: E -mail Address: Services Provided / Date(s) of Service: Company Name: Contact Person: Address: Telephone Number: City, State, Zip: E -mail Address: Services Provided / Date(s) of Service: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 24 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish the City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays, and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by the City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by the City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm: Signed: Printed Name: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 25 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless City of Santa Ana GRSC Services RFP Page 26 exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm: Signed: Printed Name: Title: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 27 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE How many years has your organization been in business in California as a contractor under your present business name and license number? If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. 2. What is your firm's average gross revenue for the last three years? 3. Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 5. Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes ❑ No 6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? ❑ Yes ❑ No 7. Has your firm ever defaulted on a contract? ❑ Yes ❑ No If "yes," explain on a separate page. City of Santa Ana GRSC Services RFP Page 28 In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevented from bidding on, or completing, any government agency project for any reason? ❑ Yes ❑ No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a project, either public or private? ❑ Yes ❑ No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes ❑ No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last City of Santa Ana GRSC Services RFP Page 29 three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project when one was required? ❑ Yes ❑ No 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serious," "willful' or "repeat' violations of its safety or health regulations in the past five years? ❑ Yes ❑ No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the contractor or its associates in the past five years? ❑ Yes ❑ No (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. 19. During the last five years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ Yes ❑ No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 30 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES NONCOLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California, County of Subscribed and sworn to (or affirmed) before me on this day of 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana GRSC Services RFP Page 31 EXHIBIT J CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES SAMPLE 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 insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom 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 insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Countersigned by Named Insured Authorized Representative SAMPLE ONLY City of Santa Ana GRSC Services RFP Page 32 EXHIBIT K CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this X day of XXX, XXXX by and between X (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS 1. The City desires to retain a Contractor having special skill and knowledge in the field of Graffiti Removal Street Cleaning Services. 2. Contractor represents that Contractor is able and willing to provide such services to the City and is licensed by the State of California to provide Graffiti Removal - Street Cleaning Services. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional Tree Maintenance firm. 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: DEFINITIONS (if any) II. TERMS AND CONDITIONS A. TERM The term of this contract shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to 2 (two) additional 2 (two) - year periods on the terms and conditions set forth herein. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. In the event funding is not allocated for parking control enforcement services during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City City of Santa Ana GRSC Services RFP Page 33 C. COMPENSATION City agrees to pay and contractor agrees to accept as total payment for its services, the rates and charges set forth in contractor's proposal, attached hereto and incorporated by reference. The amount to be expended for services shall not exceed (dollar amount) ($ ) annually during the term of this agreement. 2. Invoices a. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Unit cost, subtotals and total for invoice 3. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. Extra Work No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract 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 manner in which contractor performs the services required by this contract. However, the services to be provided by contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. City of Santa Ana GRSC Services RFP Page 34 E. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 1. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of contractor's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A sample additional insured endorsement is attached hereto as Exhibit H. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and nonowned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, contractor is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. If contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by contractor pursuant to this section: a. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. City of Santa Ana GRSC Services RFP Page 35 C. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. If contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this contract. Such termination shall not affect contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. F. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and /or materials) or contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. G. 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, sent by telefacsimile communication, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax 714- 647 -6956 City of Santa Ana GRSC Services RFP Page 36 With courtesy copy to: Public Works Agency — Maintenance Services Division Danell Mercado, Projects Manager 220 S Daisy Santa Ana, CA 92703 To Contractor: H. TERMINATION The City reserves the right to terminate the contract as follows: In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith by giving written notice to contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and /or contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the projects manager or designee determines that contract services are performed as well and as frequently as required by this agreement. City of Santa Ana GRSC Services RFP Page 37 CONTRACTOR OPTION FOR TERMINATION The contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one - hundred eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, contractor shall give the City thirty (30) working days to cure the alleged breach. J. LIQUIDATED DAMAGES If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the sum of $XXXLer hour / per occurrence (see narrative) for such breach, in addition to any cost, fines, etc. levied against the City. K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. L. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the (particular relevant statutes and/or regulations) and as it may be amended or updated throughout the term of this contract. M. ASSIGNMENT Inasmuch as this contract is intended to secure the specialized services of contractor, contractor may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. City of Santa Ana GRSC Services RFP Page 38 N. JURISDICTION — VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract 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 contract. C��31T� The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. P. MISCELLANEOUS PROVISIONS 1. 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. 2. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVAHALO City Attorney By: RECOMMENDED FOR APPROVAL DAVID CAVAZOS City Manager CONTRACTOR Fred Mousavipour Executive Director Public Works Agency Tax ID# City of Santa Ana GRSC Services RFP Page 39 EXHIBIT L CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES GRAFFITI ORDINANCE NO. NS-2791 ♦w ORDINANCE NO. NS-2791 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY'S REGULATION OF GRAFFITI. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: 5gifligrL.t. The City CouncH of the City of Santa Ana hereby finds, determines and declares as follows: A. The Council finds and determines that the spread of graffiti on public and private buildings, walls, signs and other structures or places or other surfaces causes blight within the City, resulting in a genuine threat to life, incalculable economic losses to businesses in terms of physical property, profits and goodwill, and the general deterioration of property and business values for adjacent and surrounding properties. B. The Council further finds and determines that the impacts of graffiti are far beyond the cost of cleanup or removal. Not only is graffiti a property crime, but a social crime on the quality of life and freedom from intimidation citizen's desire within their neighborhoods. C The City Council intends, through the adoption of this Ordinance, to provide additional enforcement tools to protect pubic and private property from acts of graffiti vandalism and defacement, to prevent the spread of graffiti vandalism, protect public safety, to establish a program for the expeditious removal of graffiti from structures on public and private property, and to permit recoopment of enforcement and abatement costs to the taxpayers of the City, D. The City Council is authorized to enact this Ordnance pursuant to its police powers as specified in Section 200 of the City Charter, as well as various provision of State Law including Sections 1714, or seq. of the California Civil Code and Sections 38772, of seq, of the Caiffornia Government Code. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of 1w.0 Section 418 of the City Charter, Any such restatement of existing 0,dinawn No. NS-2791 Page I of 13 City of Santa Ana GRSC Services RFP Page 40 provisions of the Code is not intended, nor shall it be Interpreted, as constituting a new action or decision of the City Council, but rather cod such provisions are repeated for tracking purposes only in conformance with the Charter, 5Splign 2. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review, Categorical Exemption ER 2009-107 will be filed for the project. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Sections 10-177 and 10-178 of Article 11 of Chapter 10 of the Santa Ana Municipal Code relate to controlling sale and access by minor to pressurized paint cons and other graffiti implements. Article V of Chapter 17 of the Santa Ana Municipal Code relates to abatement of graffiti in the City of Santa Ana. In the interest of comprehensive regulation, the aforementioned sections of the Santa Ana Municipal Code should be consolidated in one Articte of the Code Therefore, Article IV of Chapter 10 of the Santa Ana Municipal Code shall hereafter be designated as "Graffiti Regulations". §gqqj_4 . Section 17-70 of the Santa Ana Municipal Code is hereby re- designated as Section 10-221 and amended such that it reads as follows Sec. 10-221. Definitions, For the purposes of this chapter, the following words and terms shall have the meaning ascribed thereto: (a) Graffiti means any unauthorized inscription, word, figure, mark, adhesive sticker or design that is written, marked, etched, scratched, drawn, painted, labeled, pasted, applied or affixed, on any surface of public of private real or personal property, including, but not limited to, buildings, walls, windows, signs, structures, places or other surfaces regardless of the nature of the material of which the surface is composed. (b) Grafflti implement means any implement capable of marking, scarring, damaging, or defacing any surface to create graffiti, including, but not limited to, aerosol paint containers, felt tip markers, paint sticks or graffiti sticks, etching tools, adhesive stickers, spray actuators, marking pens, drill bits, grinding stones or any other similar implement. � Ordirvance No. NS-2791 Pogo 2 of 13 "E4* City of Santa Ana GRSC Services RFP 1 *7 L- —m?m? Page 41 I%W (c) Aerosol paint container means any aerosol container, regardless of the material from which it is made, that is adapted or made for the purpose of spraying paint or other substances capable of defacing property. (d) Fall tip marker means any broad - tipped marker pen with a tip which, at its broadest width, is greater than one-sixteenth (1116) of an one inch or any other similar implement containing an ink that is not water soluble. (e) Point stick or graffiti stick means any device containing a sold form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and that, upon application, leaves a visible mark on the surface at Oeast one-sixteenth (1/16) of an inch in width or is not water soluble. Adhesive Stickers means any sheet of paper, fabric, plastic or other material with an adhesive, paste, or gummed backing, which; when applied or affixed to any surface efther-creates a permanent contact or is not easily removable without the use of solvents. (g) Property means personal or real property. (h) Etching too/ means any sharp or pointed instrument, that is capable of %W etching or marking glass, plastic, wood, metal, or concrete surfaces, Including, but not limited to, picks, scribes, awls, chisels, markers, and etchers, or any masonry or glass drill bit, carbide drill bit, glass cutter, grinding stone, etching cream or acid etching solution. I.W (i) Expense of Abatement, Abatement Expenses, Costs of tiro Abatement, and/or Abatement and related administrative costs include, but are not limited to, court costs, attorneys fees, costs of removal of the graffiti or other inscribed material, costs of repair or replacement of defaced property, and the law enforcement =is incurred by the City and/or any other public agency as authorized pursuant to Government Code Section 38772(d)(1). (P Graffiti violations of law are those violations referred to in Government Code Section 38772(d)(3) and any violation of this Article. (k) Splay actuator (also known as a spray tip, nozzle, or button) means an object or devrce that is capable of being attached to an aerosol or other paint container for the purpose of spraying the substance contained therein. Ordinance No NS-2791 Page 3 of 13 "E"MM City of Santa Ana GRSC Services RFP 1 *7 L- _m? �J Page 42 Section � Ga"Uons10'177.1O'170 and 1o'17x.1uf the $oNmAna mxni�d pCud* hereby redesignated mm Sections 1n^222,1O-22J and 10^223.1. respectively, and amended such that they reads anfollows: Sec. 10-222. Salo and Possession (u) Salo ofGn*ffiD implements m Minors. |t shall b* unlawful for any person, other than m parent n'le / ,*im".Wsel|a,xhanRo,Q|vo.|nan.cn n/hemviyafuminho, cause ovpennbtvbeeh d | | 4 ollnerwise furnished, any aerosol paint container, broad-tipped marker, gum/paste/self- adhesive label or sticker, etching cream, spray actuator, or paint stick to anyone under the age of eighteen (18) years without the written consent of the parents of, guardian of the minor, and no person under the age of eighteen (18) years shall purchase any pressurized can containing paint or dye. (b) Possession In Designated Public Places. It shall be unlawful for any person to possess any graffiti implement, with the intent to use or apply graffiti, while in or upon any public facility, park, playground, swimming pool, recreational facility or zoo or other public building or structure owned or operated by the City of Santa Ana, or while in or within fifty (50) feet of an underpass, bridge abutment, storm channel, or similar types of infrastructure unless otherwise authorized by the City, This section shall not apply to authorized employees of the City of Santa Ana or an individual or authorized employee of an individual, agency or company under contract with the City of Santa Ana. (c) Possession byMinors ato,Near School Facilities, It shall be unlawful for any person under the age of eighteen (18) years to possess any graffiti implement while vn school property, grounds, fmd|iUm,, buildings, structures, ori" areas immediately adjacent t* those specific locations upon public property, o, upon private property Without written consent of the owner o' occupant ofsuch private property. The provisions of this Sectien shall not apply to the possession of broad- tipped markers bym minor attending ur traveling \uu, from a school u|which the minor iaeni|f the minor i*participating is# class mt the school that formally requires the possession of broad-tipped markers. The burden of proof in any prosecution for violation of the Section shall he upon the minor student k» aotaWiuh the need to possess m broad-tipped marker. S**. 10-223. Public access; $ignmoe. (a) Pam*mnd Markers. Every person who owns, conducts, operates n, manages a retail commercial establishment selling aerosol containers, paint sticks, glass etching solution, *, broad-tipped markers shall store these items inanarea continuously ohsnmmWo. through direct visual observation o,surveillance �01111` Ordinance muws�2,y, Page 4o/m City of Santa Ana GRSC Services RFP 1 *7 L- _"?'1J Page 43 I%— oquipmomt,hy employees of the retail establishment during the regular of business. |n the event that a commercial retail establishment is unable k> store the aerosol paint containers, paint sticks, glass etching solution, v(broad-tipped markers inan area ** provided above, the establishment shall store the containers, sticks, and markers iomn area not accessible *> the vvb|itwithout employee assistance. (A Etching Tools. Every person who owns, conducts, operates m manages m retail commercial establishment selling masonry rv glass d,d|bi$. carbide drill bit, glass cutters, grinding stones, awls, chisels u, carbide scribes, shall store nr cause such items \obe stored inam area viewable by, but not accessible to. the public i" the regular course of business without employee assistance, pending legal sale or disposition of such items. (c) Co*(mve*8^p7mge Every retail commercial establishment wolfinM grw#hi implements shall post a sign in clear I view at^/ near display u/such products oYatm&�"Pursuant to Penal Code Section 5Q4.1, place w sign inclear pwNuc view ato, near Vie display *Y such products stating: 'Graffiti ioagainst the law. Any person who defaces real n, personal property vvi1hpmintorunynthe/ liquid or device is guilty of a crime punishable by mprisonment of up to 6 months and/or m fine upk/$100U^. (d) Aoditivo*/$igpage. Every retail commercial establishment selling n,nMhknp|amentsoha|p|aueaoign|nU`md|ectviewoywnh persons responsible for accepting customer payment for graffiti implements stating: "Selling spray paint, paint sticks, or broad-tipped n`u,ke/stn persons tonm than eighteen (10) years of age i, against the law and punishable hym fine nf $1000" Svc� 2.223.1. Graffiti Prohibited. (a) Defacement. K shall bo unlawful for any person toapply graffiti to any natural ur manmade surface on any public v, private-owned properly or, vvi1how1 permission "f the owner oroccupant. (b) Directing, Aiding and Abetting. It shall be unlawful for any person to solicit or command another person to apply graffiti, or for any person to aid or abet or agree to aid or abet another person to plan to apply or apply graffiti. aqctin 6. Sections l0-224 through 1D-225arewdded to Chapter 1Vofthe Santa Ana Municipal Code to read in full as follows: Sec. 10-224, Penalties and other Remedies. mrdira=w No. wS,2791 Page sa13 City of Santa Ana GRSC Services RFP Page 44 Any person violating this Ordinance shall b* guilty ofmmis4mvew"o,mm defined in this Code, "W Sec. 10-2241 Parental Liability (a) |n the case ofm minor, the parents v, legal guardian shall liable with the minor for payment of all fines. (b) Failure of the parents or legal guardian Nmake payment will result in the imposition of an abatement assessment against the parents' or legal guardian's property that includes the fine and administrative costs. (c) Upon and application and finding of indigence, the rourl may decline tn order fines against the minor, parents orguardian. 8mm1n^224.2gmwdKwhwn m addition {n any punishment specified i" the court shall order any violator V, make restitution /* the victim for damages nr loss caused directly or indirectly the violator's offense i,, the amount or manner determined hy the court. |o(be case of a minor, the parents or legal guardian shall be ordered with the minor to make restitution. �W Sec. 10-224.3 Forfeiture All personal property, including, but not limited to, automobiles, motorcycles, scooters, bicycles wr skateboards, used ur intended k>bo used in violating this Ordinance shall be forfeitable to the City, In forfeiting such personal property, the City shall follow procedures outlined in this Code concerning forfeitures of personal property. In any forfeiture proceeding initiated under this Section, the court shall not order forfeiture unIess it finds that the forfeiture is commensurate with the severity of the violation to the extent required by the United States Constitution, Sec. 10-224.4 Community Service |n lieu of, oa part of, orin addition to the penalties specified inmi*w*t§u",a minor or adult shah be required to perform community service as described by the court based on the following minimum requirements: IM ommmoce No. wS,27A, Page *m`3 City of Santa Ana GRSC Services RFP 1 *7 L- —m?U Page 45 (m) The rninorc*adult shall perform not less than forty (40) hours uyco"lnmon�/mmn/�p for the �nAofhen$e'not less — than eighty (nn) for the second, and not less than one hundred twenty (12o) for m third $rsubsequent offense. (b) fV least one parent o ,dim of the minor shall bmin attendance a minimum oy fifty percent (5O%)uf the assigned community service (c) The period ,y community service shall he performed under the supervision of a community service provider approved Uythe Chief wfPolice. (d) Reasonable effort shall be made tn assign the ,mi"o/o,adult \pa type of community service that iv reasonably expected \o have the most rehabilitative effect uo the minor cvadult, including community servioe that involves QnaffiUremoval. (m) Any minor determined tnbma ward o| the court under State Law aga result of committing wn offense in the City shall be naqu|r$d, o1 the City's opovm, to perform community service, including di Midremoval service *f not less than forty (4V) hours nor more than eighty (*O)hours. Sec. 10-225. Trust Fund. The City Council hereby creates the c of Santa A=8nti-Graffai Trust Fund Penalties assessed against violators of this Ordinance shall be placed |wthe fund, along with assessments and judgments nmV*,tedpursuant1othimA,tic|e.wm well as any monetary donations received from individuals or from the business community wishing twcontribute to the fund 'The Council shall direct the expenditures of monies in the fund. Such expenditures shall be restricted t*the payment of the cost of graffiti removal, the payment of rewards pursuant to Section 10'228wr this Article and such other public purposes me may be approved bythe Section . Smcdo"s17'7O.l and 17702wf the Santa Ana Municipal Code are hereby z��dgnated as Sections 10-226 and 10-227, respectively, and amended to read as Sec. 10~226. Reward provisions. (a) Pursuant to 53069.5 of the Government Code, the city may offer reward for information leading tothe apprehension and conviction ofany I*.1 Ordinance N*NS-2791 Page 7 of 13 City of Santa Ana GRSC Services RFP Page 46 person who places public u,private property in such amounts approved by the City Council, In the event of multiple contributors of information, ,ww the reward n,nmumt shall be divided by the city in m mmannr, it mhw|/ deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction. (M Claims for rewards under this section shall be filed with the City in manner specified bv City Council. (c) The peirs^ntonvichy1of committing the graffiti offense shall beliable for any rewards paid pursuant b» this section and, J that person iwmn unemancipated minor, the custodial parent of said minor shall be liable for any rewards paid pursuant 1* this section. |n the event of damage 10 public o| private property, the offender o, the parents n/ legal guardian oY any unennanoipmtedminor must reimburse the City for any reward paid, (d) No law enforcement officer, municipal officer, official or employee vfthe City shall be eligible for a reward made pursuant to this section. (e) No claim for mreward shall bm allowed unless the City investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied. Se* 10-227^ Graffiti as a Nuisance; City Abatement (a) The existence of graffiti with| the city limits qfSanta Ana constitutes a public and private nuisance and may be abated according to the provisions and procedures contained in this Article, (b) Removal bythe Perpetrator, Any person applying Vreffifinn public vr private properly shall have the duty k» remove the graffifi "imi twenty-four (24) hours after notice by the City nr private owner vf the property involved, Such removal shall bm done ino manner prescribed by the Executive Director oVPublic Works or other designated City official, Failure of any person to remove graffiti shall constitute an additional violation *Y this Ordinance. Where graffiti iaapplied by a minor, the parents or legal guardian having custody and control of the minor shall also &e responsible for such removal, (d Removal by City. Whenever the City becomes aware uJu,iwnotified and determines that graffiti inlocated on publicly capable nf being viewed from any public /ight-ou+wmycvfrom w public vr quasi- public p|woe. the City inauthorized to use public funds 1n remove the gnzffNi, by painting, repairing, water blasting, or other graffiti removal technique, to that M Ordinance No. NS-2791 Page 8of13 City of Santa Ana GRSC Services RFP VVT-� Page 47 degree reasonably necessary to restore the defaced area and to avoid an aesthetic disfigurement to the neighborhood or community. (d) Right of Entry on Private Property, Prior to entering upon private property or property owned by a public entity other than the City for the purpose of graffiti removal, the City shall attempt to secure the consent of the properly owner or responsible party and a release of the City from liability for properly damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this Ordinance, or if the City has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the City and consistent with the terms of this Section, the City shall commence abatement and cost recovery proceedings for the graffiti removal according to the provisions specified in Section 10-228, below. (9) Recovery of Costs. The City reserves the right to recover City costs and expenses from any person who has willfully damaged property in a manner described in subsection (a), above, pursuant to the provisions of this Article, Penal Code Section 594, CivA Code Sections 731 and 1714.1 and Government Code Sections 38771, at seq. Section 8. Section 10-228 is added to Chapter 10 of the Santa Ana Municipal Code to read as follows: %` Sec. 10-228. Abatement by Property Owner. 12� (a) Property Owner Responsibility, Any person who is the owner or who has primary responsibility for control of private properly or for repair or maintenance of private property in the City must abate graffiti as set forth below. (b) Failure to Remove. If the property owner has not removed the graffiti within ten (10) days after its appearance or has refused consent to the City to enter the property and abate the nuisance, the City may, pursuant to this Section, remove graffiti at the owner's an expense as a public nuisance and to assess the property for such abatement costs in accordance the procedures set forth in Chapter 17,, Sections 17-1 through 17413 of the Santa Ana Municipal Code, (c) Exceptions to the Removal Requirement, The removal requirements identified in this section shall not apply if the property owner or responsible party can demonstrate that the property owner or responsible party lacks the financial ability to remove the graffiti; or the property owner of responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program. In such case A shall be unlawful to permit such property to remain defaced with graffiti for a period of ten (10) days after service by first class mail of notice of the defacement. Ordinance No NS-2791 Page 9 of 13 City of Santa Ana GRSC Services RFP I I Page 48 Sq�#�n 9. Sections 1&22$ through 1;^%3a are added N Chapter 1Vofthe Santa Ana Municipal Code to read in full as follows: s**1o`229^mmwpr*muPo°emtaNP|nanciaoRmwp*nwihi[ityfwrQraufiti Violations of Law. (a) Pursuant <o Government Code Sections 38772,30778,2.and 3O773.O. the City Council hereby makes the expense of abatement cxqnomkti violations o/ law committed by minor * personal obligation mf both the minor causing the graffiti nuisance and the pw,ew,(m)o, legal pummian(s) having custody and control nY the minor (who shall be jointly and severally liable with the minv,). and an assessment against the property of the minor or an assessment against the property of the panenVo)u, legal gumrdian(m) having custody and control oYthe (b) Pursuant \u Government Code Section 30772(*). the County Probation Officer shall report the names and addresses cfparenKn)o,legal Qum,di*"(w) having custody and control nf the minor responsible for m violation uf this Chapter to the Clerk of the Council. (c) Pursuant 1u Government Code Section 307737 upon d or subsequent civil or criminal judgment within a two-year period, the City may find that "the minor causing the graffiti nuisance and the vp.n..`o/". legal ymmw.wvp/ having custody and control of the minor is responsible for the graffiti and request the court to impose treble damages, (d) Parental Liability. Pursuant Civil Code Section 17141. any parent cx legal guardian of a minor shall be personally liable for any and all costs to the City or any person n, business incurred in connection Wi{hthe removal of graffiti caused by conduct of said minor, and for all attorney's fees, court costs, arid civil penalties incurred in connection with the civil prosecution of any claim for damages o, reimbursement up/v$°e"W-(iw* thousand dollars (*25^&00). Sec. 10-230. Dmm»mdwmt Liability for Cost wwGraffiti Abatement (a) Detendant's liability for cost of @mffiftif abatement When the disposition vfa criminal case nro proceeding pursuant tu Welfare and Institutions Code Section GV2 determines that the defendant m that case io responsible for creating, causing or committing the graffiti which was abated by the City, that same defendant shall be liable for air costs Incurred by the City. These costs shall include, but are not limited to, court costs, attorney's fees, costs nY removal cfthe 4W ominm"rewuum'rm City of Santa Ana GRSC Services RFP Page 49 graffiti or other inscribed material, costs of repair and replacement of defaced �~ property, and the law enforcement costs incurred bythe City i" the ide,tlicativn and apprehension of the defendant responsible for the graffiti or other inscribed material vn publicly o/ privately owned permanent real n, personal property within the City, auprem^ritimd within Government Code Sections 38772^38773.0,and 530693 4�uKOe�n"�w/9^�uun9,0nnTh*do�nn�*bun (�� � of responsibility shall be presumed by any confession, admission, guilty plea, nnld conny"donatu any violation vf Penal Code Sections 5y4.594�J.84V 5.040.6,or 640.7. (d Juvenile Offender Presumption. |n the case nfm minor defendant, responsibility shall be determined upon a conviction by final judgment or by the rrunor being made a ward of the Juvenile Court pursuant to Werfare and Institutions Code Section 602 by reason of the commission of any act prohibited under Penal Code Sections 5$4,5S4�3,V4K5.04u.6.vv04O7. (d) Adult Civil Actions. The City may bring a civil action |n the Superior Court to obtain a money judgment against a defendant for any amount not ordered or coldicted by the criminal court, including, but not limited to, all attorney's fees, court costs, and civil penalties incurred in connection with the civil prosecution of any claim for damages orreimbursement. 1%W (e) Juvenile CM1 Actions. The City may bring u civil action in the Superior Court to obtain o money judgment agu|nmtwjuvonUeoMendmr*nu/o,hiovrh*x pa"m^/(a)u,gua,d|a,(n) having custody and control vf the juvenile offender for any amount not ordered u/ collected by the juvenile court, including, but not limited to, all attorney's fees, court costs, and civil penalties incurred in connection with the civil prosecution of any claim for damages vrreimbursement Sec, 10-231. Reserved Son10^232,Aww*mwnnemt, Procedures. Pursuant WGovernment Code Section 30773* the City may recover its costs $/ abate any graffiti through assessment procedures set forth i" Sections 17^ 40 through 17`43uf the Santa Ana Municipal Code. Section 1W^233. Remedies Not Exclusive. � om�^m n� ewu�w4^z1 ' roAeIiv<^3 City of Santa Ana GRSC Services RIF Page 50 Remedies provided for the enforcement of this Article are in addition to and do not supersede or limit any and all other remedies provided by law. The remedies provided herein are cumuiative and not exclusive, t sec �iqa,J,Q. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions he declared Invalid or unconstitutional. ADOPTED this 17th day of August, 2009 Kk�&el A. Pulido Mayor r+Tao uouncurnerriDers: aiyaroeu nt NOES: Counciintembers. NonQ, JQL_ ABSTAIN: Coundimembers: None ( 01 NOT PRESENT: Councilnnernbers: Ben-4 ni CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- . .... 27,91 to be the original ordinance adopted by the City Council of the City of Santa Ana on August j2_2gq2 and that said ordinance was published in accordance with the Charier of the City of Santa Ana. Date: Clerk of the Council —,i City of Santa Ana Ordinance No NS,2791 Page 12 of 13 CU .00 r—A "E�8* City of Santa Ana GRSC Services RFP 1 *7 L- —�Jm? Page 51 EXHIBIT M CITY OF SANTA ANA REQUEST FOR PROPOSALS GRSC SERVICES GRAFFITI ORDINANCE NO. NS -2798 . ORDINANCE NO. NS -2798 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICPAL CODE TO UPDATE THE CITY'S REGULA'T'ION OF GRAFFITI .... . .. .. . ...... . . THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Council finds and determines that the spread of graffiti on public and private buildings, walls, signs and other structures or places or other surfaces causes blight within the City, resulfing in a genuine threat to life, incalculable economic losses to businesses in terms of physical property, profits and goodwill, and the general deterioration of property and business values for adjacent and surrounding properties. S. The Council further finds and determines that the impacts of graffiti are far . beyond the cost of cleanup or removal. Not only is graffiti a property crime, but a social crime on the quality of life and freedom from intimidation citizens desire within their neighborhoods. C. The City Council intends, through the adoption of this Ordinance, to expand existing standards for Graffiti Abatement and to amend the Citywide Design Guidelines. In addition, this Ordinance adopts recommendations for the abatement of graffiti placed on above ground utility fixtures, including additional tools to require standardized colors for above ground fixtures, application of anti - graffiti coating to newly installed fixtures, and removal of, or painting over, graffiti in a timely manner. D. The City Council is authorized to enact this Ordinance pursuant to its police powers as specified in Section 200 of the City Charter, as well as various provision of State Law including Sections 1714, at seq. of the California Civil Code and Sections 38772, et seq. of the California Government Code. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are . repeated for tracking purposes only in conformance with the Charter. Ordinance No NS -2798 Page 1 of e City of Santa Ana GRSC Services RFP Page 52 ii. The permittee's removal of any graffiti within 48 hours, excluding weekends or holidays, after notification; iii. The City's right to remove graffiti or to paint the encroaching object upon the permittee's failure to remove the graffiti within 48 hours, excluding weekends or holidays, after notification; or IV. The permittee's providing the City with sufficient matching paint and/or anti - graffiti material on demand for use in the painting of the encroaching object containing graffiti. Section 4, Section 41 -638,2 of the Santa Ana Municipal Code is hereby amended to read as follows. Sec. 41- 538.2. Standards for graffiti abatement. (a) Condition Tentative Maps. In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the city shall consider imposing any or all of the following conditions, or other similar or related conditions, at the public hearing required by law for approval of the tentative or parcel map, conditional use permit, variance or other similar land use entitlement: i. Use of anti - graffiti material. Developer shall apply an anti - graffiti material of a type and nature that is acceptable to the Executive Director of Planning and Building or designee, to the publicly. viewable surfaces on the improvements to be constructed at the site deemed by the Executive Director of Planning and Building, or designee, to be likely to attract graffiti; U. Right of access to remove graffiti. Developer shall grant, prior to resale of any of the parcels that are within the territory of the map, the right -of -entry over and access to such parcels, upon forty -eight (48) hours posting of notice by authorized city employees or agents, to the city for the purpose of removing or "painting over" graffiti; iii. Supply City with Graffiti- Removal Material. Developer shall, for a period of two (2) years after the resale of the final lot, provide the City with sufficient matching paint and /or anti- graffiti material on demand for use in the painting over or removal of graffiti; or IV . Owner to immediately remove graffiti. Developer shall, either as part of the general conditions, covenants and restrictions, or separate covenants recorded against individual lots, prior to resale of any of the parcels, covenant in a form satisfactory to the city that Ordinance No NS -2798 Page 3 or 6 City of Santa Ana GRSC Services RFP — Page 53 F. On August 17, 2009, the City Council adopted Ordinance No. NS -2791 amending the Santa Ana Municipal Code to update the City's regulation of graffiti. The planning and public works issues related to the instant Ordinance were separated from the previous ordinance in order to allow the Planning Commission and staff an opportunity to review the material. G. On September 14, 2009, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2009 -06, and receive and file amendments to the Citywide Design Guidelines by a vote of 5:0. N. Staff also met with the utility companies serving the City to discuss the amendments, and the utility companies have no objections to the ordinance. Section 2. In accordance with the California Environmental quality Act, the proposed project is exempt from further review. Categorical Exemption ER 2009 -107 will be filed for the project. Pursuant to Title XIV, California Code of Regulations ('CCR ") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend, Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Section 33 -32.20 is added to Chapter 33 of the Santa Ana Municipal Code toread in fin full as follows: ...._.. See. 33- 32.20. Standards for graffiti abatement. (a) Common Utility Colors and Paint -Type, Any gas, electric, telephone, water, sewer, cable, telephone and other utility operating in the City shall paint its above - surface fixtures with a uniform paint type, . specific to each company, and color that meets with the approval of the Director of Public Works, or the designee of the Director of Public Works. ._ _ (b) Condition Encroachment Permits. All encroachment permits issued by the City shall, among such other things, be conditioned: i. The permittere's application of an anti - graffiti material to the encroaching object of a type and nature that is acceptable to the Director of Public Works, or the designee of the Director of Public Works: Ordinance No NS -2798 Page 2 of 6 City of Santa Ana GRSC Services RFP Page 54 the owner of the lots shall immediately remove any graffiti placed thereon. (b) Design of Potential Graffiti- Attracting Surfaces. Any applicant for design review approval, conditional use permit, special use permit, development agreement, or other form of development or building permit shall, to the extent deemed feasible by the Executive Director of Planning and Building or designee, have designed any building structures visible from any public or quasi - public place is such a manner to consider prevention of graffiti, including, but not limited to the following: i. Use of a protective coating to provide for the prevention of or the effective and expeditious removal of graffiti ii. Use of additional lighting as a means of deterrence iii. Use of non -solid fencing iv. Use of landscaping designed to cover large expansive walls such as Wy or similar clinging vegetation; v Use of architectural design to break up long, continuous walls or solid areas; or vi. Use of a water projection system activated by a motion sensor. (c) Retro-Fit Existing Graffiti- Attracting surfaces: Non - Residential Structures. The following provisions may be incorporated in a graffiti eradication order issued pursuant to Article VII of Chapter 17 of this Code, at the discretion of the City and /or hearing officer. At Owner's Expense. Any surface of a structure on a parcel of land used for nob - residential purposes that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall be declared a public nuisance and required to be retrofitted, at the cost of the property owner, with features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti. In exercising the authority hereunder, the City may not impose a cost on the property owner of an amount greater than that established or approved by City Council, At City's Cost. The owner of property used for non - residential purposes on which is located a surface of a structure that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall permit the City to enter the property and, at the City's cost, make modifications as necessary to reduce the attractiveness ordinance No. NS -2798 Page 4 of 6 City of Santa Ana GRSC Services RFP Page 55 the owner of the lots shall immediately remove any graffiti placed thereon. (b) Design of Potential Graffiti- Attracting Surfaces. Any applicant for design review approval, conditional use permit, special use permit, development agreement, or other form of development or building permit shall, to the extent deemed feasible by the Executive Director of Planning and Building or designee, have designed any building structures visible from any public or quasi - public place is such a manner to consider prevention of graffiti, including, but not limited to the following: L Use of a protective coating to provide for the prevention of or the effective and expeditious removal of graffiti ii. Use of additional lighting as a means of deterrence iii. Use of non -solid fencing iv. Use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation, v. Use of architectural design to break up long, continuous walls or solid areas; or vi, Use of a water projection system activated by a motion sensor. (c) Retro-Fit Existing Graffiti- Affracling Surfaces: Non - Residential Structures. 'The following provisions may be incorporated in a graffiti eradication order issued pursuant to Article VII of Chapter 17 of this Code, at the discretion of the City and/or hearing officer. At Owner's Expense. Any surface of a structure on a parcel of land used for non - residential purposes that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall be declared a public nuisance and required to be retrofitted, at the cost of the property owner, with features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti. In exercising the authority hereunder, the City may not impose a cost on the property owner of an amount greater than that established or approved by City Council. At City's Cost. The owner of property used for non - residential purposes on which is located a surface of a structure that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall perk the City to enter the property and, at the City's cost, make modifications as necessary to reduce the attractiveness Ordinance No. NS -2798 Page 4 of 6 City of Santa Ana GRSC Services RFP Page 56 IYYYYS Y1Y8 YIIdJ Address: Attachment 1 Anti - Graffiti Program Public M ovks Ageuec Maintenance Division "a South Diio y Avenue, Smug Ana., Califon ra 93702 Tek- plwue: (714) 647 -3339 Fax: (714) 647 -3345 CONSENT TO ENTER & RELEASE OF LIABILITY TO THE CTIN OF $ANTA ANA AND THE GRAFFITI REMOa'AL C'03IP.ANY: B isnstsR Name: Effective dare of audrarizatian. Frain 11M , � ,'"� t� 16 1 Santa Ana. CA Authorization is effective from the dare Cantsenr to Eager is signed until permission is denied by written notification. ❑ The City of Santa Ana may use any of its five .specific colors of paint to the removal of the g xffiti- The undersigned owner of the prgrerty., or agent representing the property oumer at the address noted above., hereby consents to entry upon said prger2y by personnel and equipnent of the City of Sama Ana or its Contractor a. is necessuy to remove, reduce obliterate the wrinug of graffiti on the Please check: ❑ Building, ❑ Fence ❑ Wall ❑ Other improvement by using vapor steal, water blasting, paimilag, or list of soh "eats. I understand that the clearing tiny be in blocks or strips where the levering appears mid that the cleaned or processed area away not crutch precisely the original surface but every effort is-All be made to snatch colors to the remainder of trite above to tric,verrients, that the clearing will not include the entire surface, but only block.. patches or strips thereof.. and the C'bntractor and the City issurue no tesponsibility if colors do not preasely uriach, and that some residue of the existing graffiti may remain. I request and authorize the City of Santa Ana or its Contractor to enter and use said equipment and materials with my All] imovs ledge of the above information - I hereby release the City of Santa Ana and its Contractor, its officers, agents mid employees, of and from any -all claloas, derunds, causes of action or obligations whatsoever arising out of or relating, to envy ors toy property, and incidental damage to doings and plants, the cleansing operations hereinabove de,scr4bed. and final appearance of said Improvements, Print Naine, Signature: Telephone: Title. ❑ Owrrer ❑ Agent ❑ Manager Date Signed: ROw if signed form to: Public \1 "orks Agency— \laintenance Division Attn: Graffiti Abatement C: rem Supervisor 229 South Daisy, Building A Santa Atka, C:A P2792 City of Santa Ana GRSC Services RFP Page 57 Attachment 2 City of Santa Ana Miles City of Santa Ana GRSC Services RFP Page 58 19E -62 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: AWARD SITE LICENSE AGREEMENT TO A WHITE AND YELLOW CAB INC. FOR TAXI SERVICES AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER (STRATEGIC PLAN NO. 3,2C CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •C• 1k ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO I�I4A►1 JIIL.34a�I4A�PJ1 f:] :4 1. Authorize the City Manager and Clerk of the Council to execute a one -year site license agreement with A White and Yellow Cab Inc., to compensate the City $3,025 per month for use of the license area, subject to nonsubstantive changes approved by the City Manager and City Attorney, for taxi services at the Santa Ana Regional Transportation Center, with three one -year extension options exercisable by the City Manager. 2. Approve an appropriation adjustment recognizing lease income in the amount of $36,300 into the SARTC Concession -Taxi Stand Revenue Account and appropriating the same amount to the SARTC Contractual Services expenditure account. DISCUSSION Since 1986 the City has contracted with a single company to provide taxi service as a convenience for the Santa Ana Regional Transportation Center (SARTC) patrons. This has ensured consistent service from a reliable taxicab company at the SARTC. When the previous taxi services agreement ended, a Request for Proposals (RFP) to solicit bids for a new contract was prepared. The RFP was advertised on the City's Planetbids online bid board. Staff also contacted Orange County Taxi Administration Program ( OCTAP), which is an association of Orange County cities and the County of Orange, created to coordinate taxicab service, oversee permitting, and provide other administrative functions. All taxicab companies registered with OCTAP were also notified of the RFP. Below is a summary of the proposals solicited, and those received: 26 Taxicab Companies were notified via email 2 Santa Ana vendors were notified via email 3 Proposals received 1 Proposals received from a Santa Ana vendor The proposals received were rated by a team from the City's Public Works, Community Development, and Finance & Management Services agencies, as well as a representative from the City of Anaheim. 20A -1 Site License Agreement for Taxi Services at the Santa Ana Regional Transportation Center September 1, 2015 Page 2 The proposals were evaluated according to the firm's corporate and management experience, driver experience, references, and compensation to the City. The ratings and proposed revenues for the three proposals received are as follows: NAME OF RESPONSIVE BIDDER AVERAGE RATING ANNUAL REVENUE TO CITY A White and Yellow Cab Inc. 84 $36,300 Yellow Cab of Greater Orange Count 82 _ $30,000 California Yellow Cab 75 $21,600 Staff is recommending that A White and Yellow Cab Company Inc. be awarded the site license agreement for taxi services at the SARTC. The proposal submitted by this firm is consistent, reasonable, and in line with staff's estimate. The agreement term will begin on September 1, 2015, and terminate on August 31, 2016, and includes options for three 1 -year extensions. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (promote and market Santa Ana specific strengths in the regional economy including: location, size of workforce, proximity to airport /train, and availability of industrial /commercial opportunities such as 55- freeway corridor, South Main corridor, South Bristol Street, Harbor Boulevard, Downtown and Streetcar Corridor), FISCAL IMPACT Lease income in the amount of $3,025 per month for total lease income of $36,300 per year will be deposited into the SARTC Concession -Taxi Stand Revenue Account (Account No. 06717002 - 53815) and appropriated into the SARTC Contractual Services Expenditure Account (Account No. 06717650- 62300), Public Works Agency FM /EWG /GPL Exhibits: 1. Site License Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 20A -2 DO NOT RECORD SITE LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND A WHITE AND YELLOW CAB INC. RFP NO. 15 -063 THIS LICENSE AGREEMENT ( "Agreement') is made and entered into this Ist day of September, 2015, by and between the City of Santa Ana, a charter city and municipal corporation, duly organized and existing under the constitution and laws of the State of California, herein referred to as "Licensor ", and A White and Yellow Cab, Inc., herein referred to as "Licensee ". RECITALS: A. The City of Santa Ana desires to provide taxi cab pick up and drop off services at the Santa Ana Regional Transportation Center as part of a multifaceted transportation system for patrons. After reviewing various proposals, City desires to contract for such services with Licensee. B. Licensee represents that it is qualified to provide such taxi cab services to City. In undertaking the performance of this Agreement, Licensee represents that it is knowledgeable in its field and that any service performed under this Agreement will be performed in compliance with all required standards of the United States Department of Transportation and include all City, County, and State licenses. NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all terms and conditions hereof, the parties hereto agree as follows: ARTICLE 1— TERMS OF LICENSE Section 1.01 License Area and Use (a) Licensor owns the real property described in Exhibit "A" attached hereto and made a part hereof (the "Property "), commonly known as The Santa Ana Regional Transportation Center ( "SARTC ") located at 1000 East Santa Ana Boulevard, Santa Ana, California. Licensor grants to Licensee the privilege of a personal, non- exchisive, revocable license ( "License ") to encroach upon the "License Area ", as herein described and shown in general in Exhibit "B ", attached hereto and incorporated herein by reference, for the purpose of accommodating up to three (3) taxi cabs at any given time for pick up and drop off of passengers and for no other purpose. Exhibit 1 20A -3 DO NOT RECORD (b) The right and permission of Licensee is subordinate to the prior and paramount right of Licensor to use the Property in its entirety for public purposes to which it presently is and may, at the option of Licensor, be devoted. Licensee undertakes and agrees to use the License Area and to exercise this License at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Property by Licensor. (c) Licensee hereby acknowledges that title to the Property is vested in Licensor and agrees never to assail or resist the same, and further agrees that Licensee's use and occupancy of License Area shall be referable solely to the permission herein given. Section 1.02 Term (a) The term of the Agreement for the License Area ( "Term ") shall be one (1) year commencing on September 1, 2015 ( "Commencement Date ") with three (3), one (1) -year extensions which are exercisable at Licensor's sole discretion. Earlier termination of this License shall be in conformance with Section 5.02. Section 1.03 Compensation/Consideration (a) Upon the Commencement Date, Licensee shall pay to Licensor monthly compensation in the amount of $3;025.00 per month ( "Compensation ") for use of the License Area. Compensation will be due upon execution of this Agreement and thereafter on or before the 5th of each month, payable to "The City of Santa Ana" and remitted to: City of Santa Ana M -13, 20 Civic Center Plaza, PO Sox 1988, Santa Ana, CA 92702. A late charge of ten percent (10 %) shall be applied to any payment hereunder due but unpaid. (b) Licensee's monthly compensation payments shall be subject to an automatic annual adjustment of two and one-half percent (2.5 %) per year or CPI - Los Angeles — Riverside — Orange County, All Urban Consumers, whichever is greater, throughout the life of the Agreement. (c) For any Renewal Term, Licensee shall pay the then current compensation, increased by two and one -half percent (2,5 %) or CPI, whichever is greater. (d) Any holding over after the expiration of the'rerm or Renewed Term, with the consent of Licensor, shall be construed to be an extension from month to month and shall otherwise be consistent with the tenor and conditions contained herein. 20A -4 DO NOT RECORD Section 1.04 Non - Possessory Interest Licensor retains full possession of the License Area and Licensee will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest, Any violation of this provision will immediately void and terminate this Agreement. Section 1.05 Non - Recording Neither party shall record this Agreement. ARTICLE 2 — TAXES AND UTILITIES Section 2.01 Taxes Licensee is responsible for all taxes on the License Area. ARTICLE 3 — IMPROVEMENTS AND ACCESS Section 3.01 Licensee's Responsibilities. (a) Licensee shall hold title only to Licensee's property and any equipment placed on the License Area by Licensee. Licensee shall be responsible for the cost of repairing any damage to the License Area and will leave the License Area in satisfactory condition as approved in writing by Licensor. Licensee shalt be required to remove all of its property/equipment upon expiration/termination of the License. Any personal property, equipment or other improvements that are not removed within thirty days of days of expiration/termination shall become the property of Licensor, at Licensor's option. (b) Each party shall provide access to the License Area to the other party, and its employees, agents, contractors and subcontractors, twenty -four (24) hours a day, seven (7) days a week Licensor represents and warrants that it has full rights of ingress and egress to and from the License Area, and hereby grants such rights to Licensee to the extent required to maintain, and operate within the License Area. Licensee's exercise of such rights shall not cause undue inconvenience to Licensor. (c) Licensee shall maintain License Area in a clean condition. Any special or intense cleaning, beyond routine maintenance, required to maintain the area in a clean condition, shall be the responsibility of the Licensee. Licensee shall at its sole cost and expense, be responsible for improvement 20A -5 DO NOT RECORD and repair of the License Area, the Property, or to access roadways or other nearby facilities occurring from damages caused by Licensee, its employees, agents, contractors, and subcontractors. All improvements and repairs are to be coordinated by the City utilizing City approved vendors. (d) Quiet Enjoyment. Upon Licensee paying the license fee reserved hereunder, and observing and performing all of the covenants, conditions, and provisions on Licensee's part to be observed and performed hereunder, Licensee shall have quiet possession of its License Area for the entire term hereof, subject to all the provisions of this License. (e) Licensee shall enforce a company dress code which will provide uniformity in the dress and appearance of all of its employees, as well as in the presentation of its vehicles. (f) All of the vehicles in Licensee's fleet must be kept clean, in good repair and a like -new condition. All vehicles shall be uniform in appearance and color, clearly displaying the company logo and phone number. (g) Licensee shall provide a list of the primary drivers for SARTC which shall be updated by Licensee periodically as needed. (h) Licensee shall provide taxicab service at the SARTC from 5:00 a.m. to 12:00 a.m. on a daily basis. During peak periods of 6:00 a.m. to 9:00 a.m. and 3:00 p.m. to 7:00 p.m., Monday through Friday, Licensee will provide a minimum of three taxis. (i) Licensee shall maintain its Orange County Taxi Administration Program ( OCTAP) licensing and certification. Failure to maintain such OCTAP certification shall be cause for Licensor to immediately terminate this Agreement. (j) In addition to all responsibilities denoted above, Licensee shall perform all other services required by the Licensor's Request for Proposals ( #15 -063) and contained in Licensee's Proposal submitted August 5, 2015. Both documents shall be maintained by the City of Santa Ana Department of Public Works and the responsibilities contained therein are hereby set forth as if attached in their entirety and incorporated into this Agreement by reference. Section 3.02 Liens Licensee will not pen-nit any mechanics' or materialmens' or other liens to stand against the License Area by reason of any use or occupancy by Licensee, or any person claiming under Licensee. 20A -6 DO NOT RECORD ARTICLE 4 — INDEMNITY AND INSURANCE Section 4.01 Indemnification, Defense, Hold Harmless Licensee shall indemnify, defend, and hold harmless City, its officers, employees, agents and representatives, from and against any and all claims, demands, suits, and causes of action, and from and against all losses and expenses (including attorney's fees,) liability, or consequential damages of any kind or nature arising out of or in connection with the Licensee's (or Licensee's subcontractors, if any) entry on or use of the License Area, other than damages resulting from City's gross negligence. Licensee further agrees to indemnify, hold harmless, and pay all costs for the defense of the Licensor, including fees and costs for special counsel to be selected by Licensor, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. Licensor may make all reasonable decisions with respect to its representation in any legal proceeding. Section 4.02 Insurance Licensee shall obtain and furnish to Licensor a policy of commercial general liability insurance including motor vehicle coverage for all vehicles in Licensee's fleet of cars servicing the License Area. The policy shall indemnify Licensee and Licensor, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the License Area, and shall provide coverage in not less than the following amount: combined single limit bodily injury, personal injury and property damage, liability, of $1,000,000 per occurrence, $2,000,000 in the aggregate. Licensor also requires an Additional Insured Endorsement in substantially similar form as Exhibit C. The policy shall name the City of Santa Ana, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that Licensee's insurance coverage shall be primary. Under no circumstances shall the above - mentioned insurance contain a "deductible" or any other similar form of limitation on the required coverage. Licensee is required to give the Licensor no less than thirty (30) days notice of cancellation or reduction in coverage. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Licensee to furnish insurance during the tern of this Agreement. Failure to comply with the insurance provisions contained herein shall be deemed an event of default under this Agreement. Licensee shall maintain the required insurance certificates in accordance with the terms of this Agreement as well as pursuant to the Orange County Taxi Administration Program (OCTAP) standards. Section 4.03 Certificates of Insurance; Additional Insured Endorsements 20A -7 DO NOT RECORD Prior to execution of this Agreement, Licensee shall furnish to Licensor certificates of insurance and additional insured endorsements to each of Licensee's insurance policies, Subject to approval of the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and shall promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without thirty (30) days prior written notice of Licensor; and 4. Licensee shall provide the onsite Property Manager with an up to date list of the license plate numbers for each of its insured vehicles. Licensee shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of Licensor by Licensee under the Agreement. Licensor or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Licensee shalt provide within ten (10) days of Licensor's request. ARTICLE 5 — TERMINATION AND DEFAULT Section 5.01 Termination in the Event of Casualty or Condemnation (a) In the event of any damage, destruction or condemnation of the License Area, which renders the License Area unusable or inoperable in Licensor's judgment, Licensee shall have the right, but not the obligation, to terminate the Agreement with respect to the subject License Area by giving written notice to Licensor within thirty (30) days after such damage, destruction or condemnation. If by virtue of such casualty or condemnation, Licensor determines that the License Area is no longer adequate for Licensee to continue its operations, or any repairs to the License Area have not been completed or cannot reasonably be completed within sixty (60) days from the date of the damage, destruction or condemnation, This License Agreement will become null and void. (b) In the event of condemnation, unless Licensee is allowed by the condemning authority to continue its operations in the License Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Licensee is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to Licensor. 20A -8 DO NOT RECORD Section 5.02 Termination /Events of Default (a) In the event of a monetary default by Licensee, Licensor shall provide written notice to Licensee detailing the amount owed and demanding payment. If the monetary default is not cured within fifteen (15) days of the written notice, Licensor may terminate the Agreement. (b) Licensor shall have at its sole discretion the option of terminating this Agreement if Licensee loses its license to provide taxi cab transportation services for any reason. Licensee shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for immediate termination of this Agreement. (c) Failure of Licensee to maintain current insurance coverage in the amounts and pursuant to the terms contained herein shall constitute default of contract which shall be cause for immediate termination of this Agreement. (d) Failure of Licensee to maintain current OCTAP certification and required permits shall constitute default of contract which shall be cause for immediate termination of this Agreement by Licensor. ARTICLE 6 - ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY Section 6.01 Assignment Licensee may not assign this Agreement. This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right upon any third party. Section 6.02 Abandonment by Licensee Should Licensee breach this Agreement and abandon the License Area prior to the expiration of the Term or Renewal Term, Licensor may: (a) Continue this License in effect by not tenninating Licensee's right to the License Area, in which event Licensor shall be entitled to enforce all of its rights and remedies under this Agreement, including the right to recover die compensation /consideration specified in this Agreement as it becomes clue under this Agreement; or (b) Terminate this Agreement and recover from Licensee: 20A -9 DO NOT RECORD The amount necessary to compensate Licensor for all detriment proximately caused by Licensee's failure to perform its obligations under this Agreement, including the monthly license fee for up to six months, during which time City shall negotiate with another provider to obtain replacement taxi services. When such services are again in place, or after six months, whichever occurs first, Licensee's obligation to pay monthly license fee shall terminate. Section 6.03 Insolvency of Licensee The insolvency of Licensee as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Licensee, or the making of a general assignment for the benefit of creditors by Licensee, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle Licensor to re -enter and regain possession of the License Area, Section 6.04 Cumulative Remedies The remedies given to Licensor in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. Section 6.05 Waiver of Breach The waiver by Licensor of any breach by Licensee of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Licensee either of the same or another provision of this Agreement. ARTICLE 7 — HAZARDOUS MATERIALS Section 7.01 A. At the time of execution of this License, Licensor warrants that the License Area is clean and contains no known hazardous materials. Licensee represents and warrants that it will comply with all environmental laws during the teen of this License; its use of the License Area herein will not generate any hazardous substance, and it will not store or dispose on the License Area nor transport to or over the License Area any hazardous substance. Licensee further agrees to clean -up and remediate any hazardous substance on the License Area and Property, and hold Licensor harmless from and indemnify Licensor against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar teen by any federal, state or local enviromnental law, regulation or rule presently in effect or 20A -10 DO NOT RECORD promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. B. Licensee must keep its License Area clean and free of graffiti, trash and debris and any substances emitted fi•om or related to maintenance of its vehicles, including but not limited to, substances such as oil, gasoline, transmission fluid, etc. ARTICLE 8 — MISCELLANEOUS Section 8.01 Force Majeure— Unavoidable Delays Should the performance of any act required by this Agreement to be performed by either Licensor or Licensee be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse the prompt payment of compensation by Licensee as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, Licensor or Licensee, required to perform the act. Section 8.02 Notice Any written notice or required submittals, given under the terns of this Agreement, shall be delivered personally, or mailed, certified mail, postage prepaid, addressed to the party concer ied as follows: To Licensor: and, Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, CA 92702 Telefacsimile (714) 647 -5069 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, CA 92702 Telefacsimile (714) 647 -6515 9 20A -11 DO NOT RECORD To Licensee: A White and Yellow Cab Inc. 2406 S. Main Street Santa Ana, CA 92707 Telefacsimile (714) 434 -1500 ATTN: Hossein Nabati A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Section 8.03 Compliance with Laws Licensee shall at Licensee's own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Licensee's use and occupancy of the License Area and whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Licensee in a proceeding brought against Licensee by any government entity, that Licensee has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Licensor and Licensee and shalt be, considered grounds for termination of this Agreement by Licensor. Licensee will obtain all permits and other governmental approvals, required in connection with Licensee's activities hereunder, and update such permits /approvals as necessary. Section 8.04 Binding on Heirs and Successors This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. Section 8.05 Partial Invalidity Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall 10 20A -12 DO NOT RECORD remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. Section 8.06 ` Vaste or Nuisance Licensee shall not commit or permit the commission by others of any waste on the License Area. Licensee shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and /or Section 3480 of the California Civil Code on the Premises or License Area; and Licensee shall not use or permit the use of the License Area for any unlawful purpose. Section 8.07 Repairs Licensee shall be required to make any repairs to the License Area occurring from damages caused by Licensee, its employees, agents, contractors, and subcontractors. All improvements and repairs are to be coordinated by the City utilizing City approved vendors. Section 8.08 Time of Essence Time is expressly declared to be of the essence in this Agreement Section 8.09 Governing Law 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. Section 8.10 Survival Terms and conditions of this Agreement which by their sense and context survive the termination or expiration of this Agreement, shall so survive. Section 8.11 Conflict of Interest Licensee covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of this License Agreement specified herein. Section 8.12 Attorney's Fees 20A -13 DO NOT RECORD In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. Section 8.13 Exclusivity and Amendment This Agreement constitutes the entire agreement and understanding between Licensor and Licensee respecting the License Area, the licensing of the License Area to Licensee, or the License Term herein specified, and correctly sets forth the obligations of Licensor and Licensee to each other as of its date. Any agreements or representations respecting the License Area or their licensing between the parties not expressly set forth in this instrument are null and void. This Agreement or any part of it may not be changed, altered, modified, limited or extended orally or by any Agreement between the parties, unless such Agreement is expressed in writing, signed and acknowledged by Licensor and Licensee, or their successors in interest. Section 8.14 Captions Captions used in this Agreement are for ease of reference only and shall not affect the construction or interpretation of this Agreement. Section 8.15 Non - Discrimination Licensee shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Licensee affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 12 20A -14 DO NOT RECORD IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Kyle llesen Dept y City Attorney RECOMMENDED FOR APPROVAL: LICENSEE: FRED MOUSAVIPOUR Executive Director Public Works Agency 13 20A -15 By: Title: Tax ID # DO NOT RECORD Exhibit A Site Plan — The Santa Ana Regional Transportation Center 14 20A -16 DO NOT RECORD Exhibit B Site Plan — The Santa Ana Regional Transportation Center with Taxi Stand Location Highlighted 15 20A -17 DO NOT RECORD Exhibit C 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 insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom 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 insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 16 20A -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 01, 2015 TITLE: CONTRACT AWARD FOR TASER ELECTRONIC CONTROL DEVICES & ACCESSORIES (SPEC. NO. 15 -066) (STRATEGIC PLAN NOA, 5) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Taser International, Inc. for the purchase of Taser electronic control devices and accessories for a two -year period expiring August 31, 2017, in an amount not to exceed $163,300, with provision for three, one -year renewals exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Police Department utilizes electronic control devices to gain control over violently resisting subjects. The new X26P will replace, supplement and upgrade the department's current inventory of X26E Taser electronic control devices. The X26P incorporates smart technology details including "charge metering" that measures and delivers the amount of electric charge to maximize safety and effectiveness and event logs that records every user action such as; safety activation; trigger duration with times, dates and battery life. The manufacture's recommended replacement schedule is every five years. This contract will replace up to 150 Tasers and accessories, as needed, over the next two years based on Police Department needs and age of equipment. The notice inviting bids was advertised on July 1, 2015, and offers were solicited. A summary of the bids and offers received is as follows: 20 Vendors were notified 4 Vendors downloaded the bid 0 Proposals received from a Santa Ana vendor 2 Proposals received Bids were received and opened on July 14, 2015. The bid received from Taser International, Inc. is responsive to the specifications and meets the City's requirements. 22A -1 Contract Award for Tasers & Accessories September 01, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this Item supports the City's efforts to meet Goal #1 Community Safety; Objective #5 (provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT Funds in the amount of $163,300 are available In the following fiscal years: FY 2015.16 ($81,650) and FY 2016 -17 ($81,650)1 In the Polloa Department Criminal activities — D,O,J. account (no. 02614460.03001), Upon exercise of the one -year renewals, funds will be budgeted and made available In the applicable fiscal year in the above referenced account. arlos Rojas Chief of Police Police Department EG APPROVED AS TO FUNDS AND ACCOUNTS; Francisco Gutierrez VN Executive Director Finance and Management Services Agency 22A -2 • � i CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: CONTRACT AWARD WITH NARANJO LANDSCAPE, INC. FOR WEED ABATEMENT AND DEBRIS REMOVAL SERVICES (SPEC. NO. 16-075) (STRATEGIC PLAN NO. 5, 4E) CITY MANAGER e Mild 4 Z 1614 e CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't Reading ❑ Ordinance on 21d Reading ❑ Implementing Resolution ❑ Set Public Hearing For e0 r `r FILE NUMBER Award a contract to Naranjo Landscape, Inc. for weed abatement and debris removal services for a one - year period expiring August 31, 2016, with provisions for three one -year renewals exercisable by the City Manager, in an annual amount not to exceed $212,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION The Public Works Agency Maintenance Services Division is responsible for maintaining over 112 vacant lots, easements, and storm drain channels. In order to do so, a contract for weed and debris removal from both public and private properties is required. Removing the weeds and debris supports neighborhood vitality and will enhance the safety, appearance and livability of these areas. Approval of the recommended action will allow the City to continue to provide these services, The notice inviting bids was advertised on ,July 21, 2015, on the City's online bid management and publication system. A summary of the bid Invitations and bids received Is as follows: 34 Vendors were notified 3 Santa Ana vendors were notified 17 Vendors downloaded the bid documents 2 Bids received 1 Bid received from a Santa Ana vendor Bids were received, opened on August 13, 2015, and evaluated, Bids results are as follows: Vendor: Location: Amount: Naranjo Landscape, Inc. Silverado $190,092.00 Real Estate Consulting & Services, Inc. Santa Ana $942,714,03 22B -1 Contract Award for Weed Abatement and Debris Removal Services September 1, 2015 Page 2 The bid received from Naranjo Landscape, Inc. is responsive to the specifications and meets the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability), Strategy E (implement innovative code enforcement practices and strategies including the use of volunteers, enhanced technologies and increased collaboration with other City departments and outside agencies to address critical livability issues citywide). FISCAL IMPACT Funds in the amount of $212,000 are available in FY 2015 -16, and if annual options are renewed will be budgeted in FY 2016 -2017, FY 2017 -2018 and FY 2018 -19, in the following amounts and accounts: • $90,000 in the Public Works Environment /Sanitation account (06817640 - 62300) $75,000 in the Federal Clean Water Protection Enterprise account (05717640 - 62300) • $15,000 in the Community Development Downtown Maintenance account (40718842- 62300) • $25,000 in the Housing Asset Administration account (60718810- 62300) $5,000 in the Housing Asset Capital Projects account (60718830 - 66220) • $2,000 in the Redevelopment Obligation Retire Debt account (67118021- 62300) Executive Director Public Works Agency PG:sp APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez V t Executive Director Finance & Management Services Agency 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: AWARD CONTRACT FOR CITYWIDE CONCRETE IMPROVEMENTS (PROJECT 166849) (STRATEGIC PLAN NOS. 6, 1B, 1C & 1G) CITY MANAGER RECOMMENDED ACTIONS CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on tat Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Reject the sole bid received on July 8, 2015, from Excel Paving Company (EPC) in the amount of $900,000 for the construction of the Citywide Concrete Improvements. 2. Authorize the City Manager and the Clerk of the Council to execute a construction contract to Ruiz Concrete & Paving Inc., the lowest responsible bidder, in accordance with the Base Bid, totaling $607,095, for the construction of the Citywide Concrete Improvements, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated project delivery cost of $789,155 DISCUSSION Awarding a construction contract to Ruiz Concrete & Paving, Inc., will allow the City to proceed with the Citywide Concrete improvements which are part of the Fiscal Year 2014 -15 Capital Improvement Program. This project includes replacement of damaged concrete sidewalks, curbs, gutters, wheelchair ramps, driveway approaches, and concrete pavement at high priority locations (Exhibit 1). The locations were selected from a list of community requests that have been field verified and ranked in terms of safety need. The project design is complete and bid procedures have been followed as established by the City's Municipal Code and in accordance with the Pubic Contracts Code. The original project was advertised for bids on June 16 and 17, 2015. On July 8, 2015, the City received and opened only one bid for this project. Staff speculates that only one bid was received because "Non- Motorized Connectivity" was included as part of the job title. Staff recommends rejecting that bid because it was nearly 50 percent higher than the engineer's estimate. 23A -1 Contract Award for Citywide Concrete Improvements September 1, 2015 Page 2 Staff re- advertised the project on July 17 and 18, 2015, and expanded the outreach to improve bid advertisement and participation by contractors in the bid process. The re- advertised project yielded seven bids which were opened on August 3, 2015. The following is a summary of the results: Contractor Participation Data Santa Ana contractors receiving notices 1 Contractors requesting bidding documents 7 Bids received 7 Bids received from Santa Ana contractors 1 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 Ruiz Concrete & Paving, Inc. Long Beach $607,094.33 2 All American Asphalt Corona $691,276.00 3 Elite Bobcat Service Corona $708,235.00 4 Hardy & Harper, Inc. Santa Ana $733,000.00 5 Excel Paving Company Long Beach $794,868.00 6 Vido Samarzich, Inc. Alta Loma $861,834.00 7 Nobest, Inc. Westminster $908,662.00 All seven bids were deemed responsive. Ruiz Concrete & Paving, Inc. submitted the lowest responsive bid in the amount of $607,095, which compares favorably with the engineer's estimate of $630,000. Therefore, staff recommends award of this contract to Ruiz Concrete & Paving, Inc. Not all sidewalk repairs Citywide will be completed under this contract. Staff has started a study to evaluate all of the sidewalks and pedestrian pathways in the City. That study will result in a comprehensive priority list based on many more factors. Staff will follow up with another construction project to repair concrete sidewalks based on the updated list. The study and its corresponding priority list will be available for review at the end of 2015. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), Strategy C (invest 23A -2 Contract Award for Citywide Concrete Improvements September 1, 2015 Page 3 resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan - e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2015 -67, was filed for this project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT The Project Cost Analysis has estimated project expenditures to be $789,155, which includes the construction contract, construction administration, survey and inspection, as well as contingencies (Exhibit 2). Funds are budgeted in the Liability and Property Insurance Fund (Account No. 08009051- 62300, Project No. 166849) and will be expended in Fiscal Year 2015- 16. APPROVED AS TO FUNDS AND ACCOUNTS: lavipc Francisco Gutierrez Executive Director rks Agency Finance & Management Services Agency FM /EWG /ET Exhibits: 1. Location Map 2. Cost Analysis 3. Construction Contract 23A -3 23A -4 EXHIBIT 1 SANTA ANA MPWA CITY cc CONTRACT AWARD FOR S T� e R A s CIT MIRE CONCRETE IMPROVEMENTS (16-6849) t 23A -5 PAGE IOF1 23A -6 COST ANALYSIS PROJECT NO.16 -6849: CITYWIDE CONCRETE IMPROVEMENTS Construction Contract $607,095.00 Contract Administration $30,355.00 Inspection and Testing $42,427.00 Surveying $18,214.00 Contingencies $91,064.00 TOTAL ESTIMATED CONSTRUCTION COSTS $789,155.00 Exhibit 2 23A -7 23A -8 CITE OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -6649 CITYWIDE CONCRETE IMPROVEMENTS 'Ibis CONSTRUCTION CONTRACT is made and entered into this ?3 day of September, by and between the CITY OF SANTA ANA, CALL' OT NIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CI'T'Y" mid Ruiz Concrete & Paving, Inc., hereinafter referred to as "CONTRACTOR ". The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: f. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the CITY, the following projects, herein after referred to as the "1PROJEC7" PROTECT NO, 16.6849 CITY ME CONCRETE IN MOVEMENTS All work sball be completed in accordance with the Contract Documents prepared by the City's Public Works Agency, 1 The complete Construction Qmtraet consists of the "Contract Documents," as defined by the Standard Specifications for Public Works Constnttion and which include the following; a NoticeInvitiugi3ide M J; &miation to Bidders A laid Propossl u 'Bid Bond n ContmotForm e CoattraotBonds + specifiozOons o C,eneral Provisions Special Provisions + 'PtgjectFlaw Appendices Contraot Agreement In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for:Publie Works Construction, 2012 edition, 3, CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the PROJECT the sum total amount not to exceed $602,822.09 as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein its Exhibit "A" The -3113 Page 1 of 3 23A -9 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -6849 CITYWIDE CONCRETE IWROVElv1ENTS PROPOSAL contains a schedule of trait price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase ov decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4, CONTRACTOR agrees to complete the PROJECT within the time specified in the Time for Completion of Improvements section of the HID PROPOSAL (FAibit "A ") including commencing aonstructioln within the timeframe therein specified aOer issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the PROJECT q salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage detennainations for this work in, accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, famish two bonds to be approved by the CITY, one in the amount of One hundred Percent (100 %) of the Contract price, to guarantee The faithful performance of the work (Performat oe Bond), and one in the amount of One Hundred Percent (100 1/4) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shalt, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten (10 %) percent of the final Contract price or $1,000, whichever is greater (Warranty Bond). 7. CONTRACTOR shall, upon project completion as a condition of project acceptance, fi.u7aish a. Warranty Payment and performance bond to be approved by the CITY, in the amount of Twenty -hive Percent (25 %) of the Contract price, to warrant the work done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY, s. CONTRACTOR shall„ after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the Gonoral Provisions, to be approved by the CM— a Page 2 of d 23A -10 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -6849 CITYWIDE CONCRETE IMPROVEMENTS IN WrrNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written, ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALIIO City Attomcy By j ' se andoval ,f Assistant City ey - CITY OF SANTA, ANA DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL; Fred Mousavipour, P.E. Executive Director, Public Works Agency CONTRACTOR: Ruiz Concrete & Paving, c. Ey. Title: t Page 3 of 3 23A -11 23A -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: AWARD CONTRACT TO CHRISP COMPANY FOR INSTALLATION OF CLASS II BIKE LANES ON NEWHOPE, CIVIC CENTER DRIVE, AND GRAND (PROJECT 166851) (STRATEGIC PLAN NO. 6, 1B & 1G) 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 1. Authorize the City Manager and the Clerk of the Council to execute a construction contract to Chrisp Company, the lowest responsible bidder, in accordance with the unit bid prices, totaling $166,741.60, for construction of the Newhope, Civic Center, and Grand Bike Lanes, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Cost Analysis for a total estimated project delivery cost of $222,715.42. DISCUSSION Approval of the recommended action will result in the installation of Class II (on- street) bike lanes on Newhope Street from First Street to McFadden Avenue, Civic Center Drive from Bristol Street to Broadway, and Grand Avenue from Twenty -first Street to Fairhaven Avenue (Exhibit 1). The proposed bike lanes are consistent with the City's Bicycle Master Plan and will extend and connect to existing and planned bike paths. Once completed, these bike lanes will improve mobility and safety of bicyclists, while also accommodating traffic flow. A Notice Inviting Bids was advertised on July 11 and July 13, 2015, and bids were opened on August 3, 2015. The following is a summary of the bid invitations mailed and received, and the bid results: Contractor Participation Data Santa Ana contractors requesting bid documents 0 Contractors requesting bid documents 16 Bids received from Santa Ana contractors 0 Bids received 3 2313-1 Award Contract to Chrisp Company for Installation of Class II Bike Lanes September 1, 2015 Page 2 Bid Results Summary RANK BIDDERS NAME LOCATION BID 1 Chrisp Company Fremont $166,741.60 2 Orange County Striping Service Inc. Orange $173,371.88 3 BC Rentals, Inc. DBA BC Traffic Specialist Orange $184,553.00 Three bids were received and deemed responsive, with Chrisp Company submitting the lowest responsive bid. Their bid in the amount of $166,741.60 is 22 percent lower than the Engineer's Estimate of $215,000. This contractor has performed similar work for other agencies, therefore staff recommends awarding a construction contract in the amount bid (Exhibit 2). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan (e.g., neighborhood streets, traffic improvements, park facilities, bike master plan, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2014 -113 was filed for this project. FISCAL IMPACT The estimated total delivery cost of this project is $222,715.42, which includes construction administration, inspection, testing, survey and contingencies (Exhibit 3). Funds are budgeted in the Active Transportation Program Fund (Account No. 14817613- 66220, Project 166851) for expenditure in Fiscal Year 2015 -16. Executive Director Public Works Agency FM /EWG /KW Exhibits: 1. Location Map 2. Construction Contract 3. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23B -2 SANTA ANA City Council Project Nos. 16 -6851 — Newhope, Civic Center and P.^ Agenda Date Grand Bike Lanes ,a,�oaKSaE „/, September 1.2015 218-13 BUFFER BUFFER BIKE LAP BUFFER Newhove Street 7 ( xhlbit I 23B -4 CITY OF SANTA ANA Construction Contract PROJECT NO, 16.6851 NEWHOPE, CIVIC CENTER AND GRAND BIKE LANES This CONSTRUCTION CONTRACT is made and entered into this 2nd day of September, 2015, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing wider the Constitution and laws of the State of Califortxia, hereinafter referred to as "CITY" and CHRISP COMPANY, hereinafter referred to as "CONTRACTOR", The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows; 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete In a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Newbope, Civic Center and Grand Bike Lanes, hereinafter referred to as the "Work of Improvement ", identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council, 2. The complete Construction Contract consists of the "Contract Documents," as defined by the Standard Specifications for Public Works Construction and which include the following; • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Proj cot Plans • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of Improvement the surn total amount not to cxoeed $166,741.60, as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A ". The BID PROPOSAL contains a schedule of unit prico(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to Page 1 of 3 Exhibit 2 23B -5 CITY OF SANTA ANA Construction Contract PROJECT NO, 16 -6851 NEWHOPE, CIVIC CENTER AND GRAND BIKE LANES increase or decrease the amount of any class or portion of the work or to omit portions of tine work as may be deemed necessary or advisable. 4, CONTRACTOR. agrees to complete the Work of IrnprDvement within the tone specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A ") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall., after award of this Contract, Atmish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100 1/6) of the Contract price to guarantee payment of ail claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten (10 %) percent of the final Contract price or $1,000, whichever is greater ("Warranty Bond). 7, CONTRACTOR shall, upon project completion as a condition of project acceptance, furnish a Warranty Payment and Performance bond to be approved by the CITY, in the amount of Twenty -Five Percent (25 %) of the Contract price, to warrant the work done under said Contraot Agreement against material or quality defects for a period of one year after acceptance by the AGENCY, CONTRACTOR shall, after award of this Contract, farnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. # Page 2 of 3 PWEW CITY OF SANTA ANA Construction Contract PROJECT NO, 16 -6551 NEWI-IOPE, CIVIC CENTER AND GRAND BIKE LANES IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written, ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALI -10 Citinef y BY doval °- sistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager RECOMiYIENDED FOR APPROVAL; Fred Mousavipour, P,E. Executive Director, Public Works Agency CONTRACTOR: Chrisp Company By: Title: Page 3 of 3 23B -7 r COST ANALYSIS PROJECT 166851; BIKE LANES ON NEWHOPE STREET, CIVIC CENTER DRIVE AND GRAND AVENUE Construction Contract $166,741.60 Contract Administration $6,590 . ............................... Inspection and Testing $16,036 Contingencies $33,348 TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 3 23B -9 $222,715 23B -10 CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: AGREEMENT WITH CALIFORNIA BARRICADES FOR RENTAL AND INSTALLATION OF TRAFFIC CONTROL EQUIPMENT FOR VARIOUS CITY EVENTS (STRATEGIC PLAN NO. 5, 5C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2"' 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 California Barricades for the traffic control equipment rental and installation for various city events in the amount not to exceed $67,000, for a term through June 30, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. The September Fiesta event has been a positive event for the downtown businesses and surrounding neighborhoods. This event not only attracts thousands of Santa Ana residents but also visitors from all over Orange County. The purpose of this event is to celebrate Fiestas Patrias through a safe family friendly event to include: live entertainment, food booths, informational booths, merchandise /service booths, cultural exhibits and carnival rides /games over a three -day weekend. The 37th Annual Fiestas Patrias will take place on September 12 — September 13, 2015. In addition to this event the City will be hosting various other events throughout the year, such as the Plaza Wellness 5k run, SOMOS and Cinco de Mayo. City staff is requesting an agreement with California barricades to provide traffic control equipment rental and installation for various city events. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C (Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space) 25A -1 Agreement with California Barricades September 1, 2015 Page 2 FISCAL IMPACT Funds in the amount of $50,000 are available in the Fiscal Year 2015 -2016 Recreation Community Services, Contract Services- Professional account (no. 01113230 62300). Funds in the amount of $17,000 are available in the Fiscal Year 2015 -2016 Police Department Contract Services - Professional account (no. 01114405 62300), APPROVED AS TO FUNDS AND ACCOUNTS: �SRi p l� Jai A 2 -- r Gerardo Mouet, Francisco Gutierrez, Executive Director Executive Director Parks, Recreation and Community Finance and Management Services Agency Services Agency Rojas, r M Chlef of Pollee Santa Ana Police Department 25A -2 AGREEMENT WITH CALIFORNIA BARRICADE RENTALS, INC. FOR PROVISION, INSTALLATION AND REMOVAL OF TRAFFIC BARRICADES FOR FIESTAS PATRIAS EVENT AND OTHER CITY EVENTS THIS AGREEMENT is made and entered into this I" day of September, 2015 by and between California Barricade Rentals, Inc. ( "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 City desires to retain a contractor having special skill and knowledge in the field of providing, installing, maintaining, and removing traffic barricade equipment for special events such as the Fiestas Patrias Event that the City is hosting from September 12 -13, 2015 ( "Event"). B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in this field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting finn in the field, NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide, install, set -up, maintain and remove traffic barricade equipment at the 400 block of 4t" Street in Downtown Santa Ana for the Event, using equipment more fully described in Exhibit A to this Agreement (the "Equipment "). Contractor shall deliver the Equipment on Friday, September 11, 2015 and start setting up immediately after the closure of the streets at 7:00 p.m. Contractor will cleanup and remove the Equipment on Sunday evening, September 13 and have it completely removed and cleaned up by 6:00 a.m. Monday, September 14, 2015, with the exception of the carnival area, which shall be cleared by 5:00 p.m. on Monday, September 14, 2015. Contractor shall also provide, install, set -up, maintain and remove traffic barricade equipment from Exhibit A for other City produced Events to be scheduled at a later date through June 30, 2016, including but not limited to: the Plaza Wellness 5K run, SOMOS and Cinco De Mayo Event. Page 1 of 7 25A -3 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services and equipment, the rates and charges identified in Exhibit A, The total sum to be expended under this Agreement shall not exceed Sixty -Seven Thousand Dollars ($67,000.00). This amount includes charges for the other Events approved and processed by City. b. Payment shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may be expected by the City. 3. TERM This Agreement shall commence on September 1, 2015 and terminate on June 30, 2016, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services, Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. INSURANCE Prior to undertaking perfonnaice of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance, Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims wising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional Page 2 of 7 25A -4 insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of California state law, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work tiuider this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section; (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement, Such termination sb,all not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNII+ICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability; (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement, Contractor further agrees to indemnify, hold harmless, and pay all costs Page 3 of 7 25A -5 for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P,O. Box 1988 Santa Ana, CA 92702 -1988 Fax: (714) 647 -6956 With copies to: Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 571 -4221 Page 4 of 7 25A -6 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 647 -6515 To Contractor: California Barricade Rentals, Inc, 1550 E. Saint Gertrude Place Santa Ana, CA 92705 Phone: (714) 558 -8474/ FAX: (714) 558 -3821 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. Page 5 of 7 25A -7 12. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. 13. NON - DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities related to this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental. agencies. Contractor shall notify the City immediately and in writing of its 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 frilly, 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. Page 6 of 7 25A -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Maria D. Huizar David Cavazos Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Join Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: CONTRACTOR: California Barricade Rentals, Inc. Gerardo Monet Name: Executive Director of Parks, Title: Recreation and Community Services Agency Tax ID #_ Page 7 of 7 25A -9 EXHIBIT A E. Saint Ga,e. da Placa. , L 1 ° i Sanka Ana., CA 92705 25A -10 A41 CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE; AGREEMENT WITH Al PARTY FOR RENTAL AND INSTALLATION OF EQUIPMENT FOR FIESTAS PATRIAS EVENT (STRATEGIC PLAN NO. 5, 5C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on tat 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 Al Party for the rental and installation of equipment for the Fiestas Patrias event in the amount of $64,192.60, which includes a 15% contingency, for a term to end on September 30, 2015, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The September Fiesta event has been a positive event for the downtown businesses and surrounding neighborhoods. This event not only attracts thousands of Santa Ana residents but also visitors from all over Orange County. The purpose of this event is to celebrate Fiestas Patrias through a safe family friendly event to include: live entertainment, food booths, informational booths, merchandise /service booths, cultural exhibits and carnival rides /games over a three -day weekend. The 37th Annual Fiestas Patrias will take place on September 12 — September 13, 2015. In recognizing the great value of the event, City of Santa Ana, Parks, Recreation, and Community Services Agency (PRCSA) recommended that the City host Fiestas Patrias and act as Event Manager. The Event Manager will be responsible for providing all the necessary equipment, stages, electricity, carnival rides, vendor booths, entertainment, and insurance for the event. City staff has been working to bring together all the elements necessary to operate a successful event. As part of managing the event, city staff is requesting to enter into an agreement with Al party to provide rental and installation of equipment for the event. The equipment to be rented will include items such as: Canopies for vendor booths, food booths; sinks; fences; restrooms, tables, generators, and a backstage area. The equipment will be delivered Friday evening and set up by 7:00 a.m. Saturday Morning. Cleanup of the equipment will occur Sunday evening and completely cleared by 6:00 a.m. Monday morning. Selection of this company was made after soliciting pricing from various companies that have provided similar services to the City in the past. Al Party was selected as a result of pricing as well as prior experience of providing these services for past Fiestas Patrias events. 25B -1 Agreement with Al Party for Rental Equipment September 1, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C (Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space). FISCAL IMPACT Funds in the amount of $64,192.60 are available in the Fiscal Year 2015 -2016 Recreation Community Services, Contract Services - Professional account (no. 01113230 62300). 41 Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25B -2 AGREEMENT WITH Al PARTY RENTALS FOR PROVISION, INSTALLATION AND REMOVAL OF RENTAL EQUIPMENT FOR FIESTAS PATRIAS 2015 THIS AGREEMENT is made and entered into this I" day of September, 2015 by and between Al Party Rentals ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing tinder the Constitution and laws of the State of California ( "City "). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of providing, installing, maintaining, and removing various equipment for the Fiestas Patrias Event that the City is hosting from September 12 -13, 2015 ( "Event "). B, Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in this field and that any services perfonned by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide, install, set -up, maintain and remove rental equipment at the 400 block of 4a' Street in Downtown Santa Ana, for the Event as described on Exhibit A (the "Equipment "). City may request additional equipment or services during the term of this Agreement at City's sole discretion. Said request shall be made and approved in writing, executed by the Executive Director to the Contractor, detailing the additional equipment/services to be provided and requiring an estimate from Contractor as to the cost of such additional equipment /services. Contractor shall deliver the Equipment on Friday, September 11, 2015 and set up by 7:00 a.m, Saturday, September 12, 2015, Contractor will clean up and remove the Equipment on Sunday, September 13, 2015 beginning at 9:30 p.m. and have it completely removed and cleaned up by 6:00 a.m. Monday, September 14, 2015. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The contract award for such services pursuant to the Contractor's Proposal shall not exceed Sixty -Four Thousand, One Hundred and Ninety Two Dollars and Sixty Cents ($64,192.60). This total compensation consists of (1) "Base Price" of $55,819.65, and (2) up to a fifteen percent (15 %) contingency stun for additional 25B -3 equipment/services at the sole discretion of the City and approved by the Executive Director in writing as set forth in Section 1, above, b. Payment of the Base Price shall be made upon to delivery of the Equipment. Payment need not be made for work which fails to meet the standards of performance set forth in Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on September 1, 2015 and terminate on September 30, 2015, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a, Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured's provisions, 25B -4 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of California State Law Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved in form by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (3 0) days prior written notice to the City. e, If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any'work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to 25B -5 personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any mamrer 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax: (714) 647 -6956 With copies to: Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 571 -4221 r and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 647-6515 To Contractor: Al Party Rental 251 E. Front Street Covina, California 91723 Phone: (866) 217 -2789/ FAX: (626) 967 -7572 A party may change its address by giving notice in writing to the other party. I£ sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Contractor nor the City. Each pasty to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered mull and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 25B -7 12. TERMINATION This Agreement may be terminated by the City upon thirty (3 0) days written notice of tennination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination. 13. NON - DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities related to this Agreement. Contractor a£finns that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - "VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. r ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: PJ Fu stant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Monet Executive Director of Parks, Recreation and Community Services Agency CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: At Party Rentals Name: Title: Tax ID# 25B -9 CITY OF SANTA ANA PARKS & REG 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 Ordered By: JOSE ROMO Salesman: RENE MARTINEZ Delivery and Pickup Job Dasor: FIESTA SANTA ANA 2015 Status* Reservation Contract*: 17166 Event Beg: Fri 911112015 7:OOPM Event End: Sun 0/1312095 6:OOPM Operator: Herrera, Valerie Delivery : Fri 9/11/2015 7:OOPM Contact: JOSE ROMO Pickup Date: Sun 9/13/2015 9:30PM Phone: 714 - 612 -9227 Location: SANTAANA Used at Address: 4TH & 5TH ON BRAODWAY: SANTA ANA, CA 92707 Delivery Notes: DELIVERY: FRIDAY 9111 7PM MUST BE READY BY 7AM PICK UP: SUN 9113 BE THERE AT 9:30PM NOTE: NEED TO TAKE THE MULE - CUSTOMER IS RESPONSIBLE FOR ALL NECESSARY PERMITS REQUIRED FOR CANOPIES AND ELECTRICAL. CUSTOMER IS RESPONSIBLE FOR ALL SAFETY INSTALLATIONS NOTES: CABLE DOWN ALL ELECTRICAL. BOXES CUSTOMER TO SUPPLY WATER FOR ALL REQUIRED SINKS Qty Items Rented VENDOR BOOTHS BOOTHS 21 CANOPY, 10'Xi0'PAGODA GREPNHT »> 21 -1 YX 10' X W GREEN & WHITE PAGODAS «< 21 CANOPY, 11X10PAGOIDA REDANHT » >21. 10'X IV X 8' RED &WHITE PAGODAS «< 21 CANOPY, 10'XIVPAGODAWHT » 21 -10' X10' WHITE PAGODAS «< MUST BE INSTALLED ON LEVEL GROUND, 200 CANOPY, BASE STEEL 20 SIDEWALL, 6'X10' WHITE 3 SIDEWALL, . WX10' MESH W NDOW WHITE #6 BOOTH 1 SIDEWALL, 6'X10' MESH WNDOW WHITE #6 BOOTH 1 SIDEWALL, 6'X10' MESH WINDOW WHITE #49 BOOTH 70 TABLE, W X 30" 1 PER BOOTH MUST BE INSTALLED ON LEVEL GROUND? 150 CHAIR, SAM$ IVORY 2 PER BOOTH MUST BE INSTALLED ON LEVEL GROUND, 9000 ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA 9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS 50 LIGHT, 20OW ORTS 50 BLED CORD 25' 16 LIGHT, STRING FESTIVAL YELLOW 16-- STRINGS 12 BLED CORD 50' 20 ELEC CORD 25' GREEN CORDS Store Hours Mon - Fri 9:00a -5:00p Set 10:00a -2c0p Printed On Wed WIM01611:3242AM Seftwareby Polnbol Renlel Syoleme www.poln4obrenral.00m 25B -10 $27 $1,680.00 $1,660.00 $1,680.00 $400.00 $100.00 $82.50 $27.50 $27.50 $609.00 $150.00 $475.00 $0.00 $704.00 $0.00 $0.00 MotliFlcalion #g 6 Conrad- Param¢.rpl (1) Contract#: 17168 CITY OF SANTA ANA PARKS & REC Page 2 of 5 Qty Items Rented Each Price FOOD BOOTHS 12 CANOPY, 10'X10'PAG0DA WHT $80.00 $960.00 MUST BE INSTALLED ON LEVEL GROUND, 4B CANOPY, EASE STEEL $2.00 $06.00 38 FENCE, PICKET 3'XS' WHITE $15.00 $540,00 72 DRAPERY, 3' UPRIGHT $0.00 $0,00 72 CANOPY, BASE STEEL $0.00 $0.00 24 LIGHT, 200WQRTS $9.50 $220.00 17 ELEC 30AMP OUTLET $35.00 $595.00 9 SIDEWALL, 6'X20' WHITE PTM TARP $0.00 $0.00 FOR FOOD BOOTHS HOT & COLD SINKS 1 LABOR $1,000,00 $1,000.00 R587ROOM SERVICE SATURDAY INCLUDES SAT AM ( CARNIVAL AREA) AND WASTE TANKS 4 SPECIALTY SINKHOT &COLD $600.00 $2,400.00 >»84-3 COMPARTMENT HOT /COLD SINKS SELF CONTAINED «< 16 SPECIALTY PARTY EQUIP $100100 $1,600.00 16- EXTRA WATER TANKS - - -4 PER SINK 12 LABOR $209.00 $2,400.00 LABOR TO REFILL 12 WATER TANKS - -- CUSTOMER TO SUPPLY WATER 34 SPECIALTY TOILET $80.00 $2,720.00 6 SPECIALTY TOILET ADA $125.00 $750.00 S SPECIALTY SINK COLO $60.00 $480.00 »> 8 -TWO STATION COLD SINK «< 6 SPECIALTY SINK HOT &COLD $256.00 $1,530.00 >>> 6, HOT & COLD SINKS <c< B CANOPY, 10'X10'PAG0DA WHT $80.00 $640.00 >>> 4- 10'% 20'X S' PAGODAS -- OVER HOT /COLD SINKS «< MUST BE INSTALLED ON LEVEL GROUND. 24 CANOPY, BASE STEEL $2.00 $48.00 8 SIDEWALL, 8'X20' WHITE $20,00 $160.00 ENCLOSE SINKTENTS B LIGHT, 200W ARTS $9.50 $16.00 8 ELEC CORD 26' $0,00 $0.00 6 CAN% TRASH WITH LINER 32 GALLON $10,85 $85.10 SUPPPORT � 3 SPECIALTY PARTY EQUIP $20.00 $80.00 GREASE BARRELS 3 SIDEWALL, 8'X1 d WHITE PTM TARP $20.00 $60,00 >>> FOR UNDER GREASE BARRELS «< 1 SPECIALTY FORKLIFT $0.00 $0.00 NO CHARGE 30 SPECIALTY PARTY EQUIP $33,00 $990.00 »> 30 • WALKIE TALKIES W/ HEADSETS & BATTERIES & CHARGER«< 800 SPECIALTY PARTY EQUIP $1.75 $1,400.00 S» 800'FENCE FOR MAIN STAGE- FREE STANDING PENCE - -- INSTALL FENCE AT sin 06 SAND BAGS $3.00 $265.00 26 SIDEWALL, 6'X20' WHITE PTM TARP $20.00 $500.00 >>> SCREENING FOR FENCE «< - MAIN STAGE 7 TABLE, ROUND 30" $B, 60 - $59.50 MUST BE INSTALLED ON LEVEL GROUND. 7 TABLE, CKTL,42 "LEG $2,50 $17.50 3 RED, 120" GARDEN $14.50 $43,6C REPLACEMENT CHARGE ON ALL BURNED, TORN OR STAINED LINEN. 3 KELLY, 120" GARDEN $14.50 $43.5C 1 WHITE, 120k' GARDEN $14.50 $1450 REPLACEMENT CHARGE ON ALL BURNED, TORN OR STAINED LINEN, 21 CHAIR, BARSTOOL,BLACK SWIVAL $9,00 $189,00 2 COOLERS, IGLOO 150 QT. $75.00 $30,OC 2 FAN, 30 " PEDESTAL $30.OD $60.0C Store Hours Mon - Fri 9:00a -5:00p Sat 10:00a -2:00p Printed On Wod B /121201011,32 :42AM soflwataby P*t- O- ReRWSyelems www point- of- ,enlal.com 25B -11 Modification# 6 0onlrnr4.Paremarpl (1) Contract #: 17168 CITY OF SANTA ANA PARKS & RISC Page 3 of B Qty Items Ranted Each Price 6 TABLE, 8'X 30" $8.70 $52.20 MUST BE INSTALLED ON LEVEL GROUND, 2 RED, B' TABLEDRAPE $19.00 $38.00 2 KELLY, 8' TABLEDRAPE $19.00 $38.00 2 WHITE, B' TABLEDRAPE $19.00 $30.00 1 CANOPY, 20'X20' WHITE KWIK EXP. $220.00 $220.00 2P X 40' X 8' WHITE CANOPY 1 MIDDLE, 2OX20'WHITE $209,00 $209,00 6 CANOPY, WATER BARREL 65GAL $15.00 $90,00 6 CANOPY, WATER BARREL COVER 55GAL $5.00 $30.00 800 ASTRO TURF, BLACK SO. FT. $0.48 $384.00 »> 20'X40' « STAGE FRONT OF MAIN STAGE 66 CHAIR, SAMS IVORY $1.60 $105,60 SET UP IN FRONT OF STAGE- 3 ROWS OF 22 -- MUST BE SET UP & TIPTIED MUST BE INSTALLED ON LEVEL GROUND. 9000 ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA 9001 AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LB8 DRESSING ROOMS BACK STAGE, MAIN STAGE 3 CANOPY, 10'XI6'PAGGDA WHT $60.00 $240.00 »> I -10'X 30'X 8'W14 WALLS «c MUST BE INSTALLED ON LEVEL GROUND, 12 CANOPY, BASE STEEL $2.00 $24,00 4 SIDEWALL, 6'X20' W-UTE $20.00 $80.00 6 LIGHT, PAR -CAN 46 BLACK 200W $15.00 $90.00 6 PAR -CAN COLOR JELL Sun $0.00 PEACH JB1.1.8 6 TABLE, 6 X 30" $7.00 $56.00 6 SPECIALTYTOILET $80.00 $480.00 2 SPECIALTY PARTY EQUIP $60.00 $120,00 2- TWO STATION HAND WASHING SINK 60 CHAIR, SAMS WHITE $1.00 $60.00 >a > STAGE AREA <a<c MUST BE INSTALLED ON LEVEL GROUND ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 26OLDS 3 MIRROR, WARDROBE NATURAL WOOD $5.00 $15,00 ELECTRICAL /POWER I GENERATOR, 125KVA SILENT Secure $600.00 1 GENERATOR, 70KVA 3PH SILENT $600,00 $600.00 1 SPECIALTY PARTY EQUIP $600,00 $600.00 »> 1 -70KVA GENI'S «< 15 ELEO 20AMP OUTLET $35,00 $525.00 8- 20 AMP OUTLETS ( DISNEY) 10 ELEC 30AMP OUTLET $50.00 $500.00 220 AMP OUTLET FOR 8APD 4 ELEC 50AMP TWISTLOCK W160AMP OUTLET 2' $100.00 $400,00 60 AMP OUTLETS 220 VOLT 1 ELECTRICAL DISTRIBUTION SYSTEM $3,600.00 $3180000 »> 136 - 20 AMP OUTLETS « »> STAGE POWER HOOKUPS «< »> 40 AMPS PER FOOD BOOTH «< 100 CABLE RAMP 5 CHANNEL $12.00 $1,200.00 4 LABOR $700.00 $2,000.00 »> (2) At MEN SAT SAM - 9 PM NEED MULE aaa »> (2) Al MEN SUN SAM - B PM NEED MULE «< Al USE 00 FENCE, CHAIN LINK 6'H X 101W $1.00 $80.00 >>> 60' OF e' HIGH FENCE «< CHECK IN 4th & BROADWAY Store Hours Mon - Frl 9:00a -5:00p Sat 10:00a -2:00p Printed On Wed cl Z2.016 ll :$2:42AM Software by Polnbol- Rental 6yelems www.polnt- of- rental cum 25B -12 Modification# 6 Oanttac4Parame.mt(1) Contract#: 17168 CITY OF SANTA ANA PARKS & RED Page 4 of 6 City Items Rented- Each Price 1 _ CANOPY, ICX10'PAGODA WHT $80,00 $B0.00 >» 10'X10'X8' < MUST BE INSTALLED ON LEVEL GROUND, 4 CANOPY, BASE STEEL $2.00 $8,00 1 TABLE, e'X 30" $8.70 $8,70 MUST BE INSTALLED ON LEVEL GROUND. 4 CHAIR, SAMS IVORY $L60 $4.00 MUST BE INSTALLED ON LEVEL GROUND, 6000 ALL CHAIRS & TABLES MUST 8E STACKED IN THE SAME AREA 6001 AS DELIVERED TO AVOID ADDITIONAL CHARGES CHAIR WEIGHT LIMIT IS 250LBS BEER GARDEN 1 CANOPY, 40'X40' WHITE KWIKTOP $860.00 $880.00 1.40' X 40'X 10' WHITE CANOPY 6 SIDEWALL, 10'X20' WHITE $20,00 $120.00 8 CANOPY, WATER BARREL 55GAL $15.00 $120,00 8 CANOPY, WATER BARREL COVER 55GAL $5.00 $40.00 2 LIGHT, HI BAYS 400WATT $50,00 $100.00 1 CANOPY, 40'X40' REDMMITE KWIK EXP. $880,00 $880.00 40'X 60'X 10 RED & WHITE CANOPY 1 MIDDLE, 40'X20' RELYWHITE KWIK $30eA0 $396.00 4 LIGHT, HI SAYS 400WATT $50.00 $200.00 10 CANOPY, WATER BARREL 66GAL $15,00 $150.00 10 CANOPY, WATER BARREL COVER 55GAL $5.00 $50.00 7 SIDEWALL, 10'X20' WHITE $20.00 $140.00 ---GREEN ROOMS - -- - 2 CANOPY, 15'X15' WHITE KWIK $170.00 $340,00 2 -16 X 15'X 8' WHITE CANOPY B CANOPY, BASE STEEL $2,00 $16.00 8 SIDEWALL, 8'X201 WHITE $20,00 $120,00 8 LIGHT, LED PAR -CAN $35.00 $280.00 4 ELEC CORD 60'MULTI BLACK $0.00 $0.00 4 CHAIR, POLIWOOD WHITE $2.60 $10.40 450 ASTRO TURF, BLACK SQ. FT. $0,48 $216.00 2 -15' X 15' TURF 1 TABLE, 6'X 30" $700 $7.00 1 BLACK, 5' TABLEDRAPE $19.00 $10.00 2 COOLER, EVAPORATIVE OSCILLATING $250.00 $500,00 2 ELEC CORD 6U $0.00 $0,00 2 WATER HOSE 100' $0,00 $0.00 2 LOUNGE, SECTIONAL, WHITE LEATHERTT, 5PC $300.00 $600.00 1- SET FOR EACH GREEN ROOM 2 LOUNGE, SOFA, WHITE LEATHERRTT, CORNR FIT $0.00 $0.00 2 LOUNGE, SOFA, WHITE LEATHERETT, MID $0,00 $0.00 2 LOUNGE, SOFA, WHITE LEATHERETT, CDRNR LF $0.00 $0.00 2 LOUNGE, SOFA, WHITE LEATHERETT, END RT $0.00 $0.00 2 LOUNGE, SOFA, WHITE LEATHERETT, END LT $0.00 $0.00 2 TABLE, COFFEE WHITE 35"X22" $25.00 $50,00 4 9-ABLE, ROUND 30" $9.35 $37.40 MUST BE INSTALLED ON LEVEL GROUND. 4 TABLE, CKTL,30" LEG $0.00 $0.00 4 BLACK, 90'GARDEN $10.75 $43,00 16 CHAIR, POLIWOOD WHITE _ _ $2.60 $41.60 COMMANDPOST 4 TABLE, & X 30" $8,70 $34.80 MUST BE INSTALLED ON LEVEL GROUND. 12 CHAIR, GAMS WHITE $1.00 $12.00 MUST BE INSTALLED ON LEVEL GROUND ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA AS DELIVERED TO AVOID ADDITIONAL CHAROES CHAIR WEIGHT LIMIT IS 25DLBS Store Hours Man - Fri 9:00e -5:00p Sat 10:00a -2COp POW On WB4 EVIV2e151132:42AW 6onwale by POle4o1 -Rama systems www,pslnloRenlal.co,n 25B -13 Modiflcatlon # e contract- Parems.rpt (i) Contract S: 17168 CITY OF SANTA ANA PARKS & REC Pape 5 of 5 Qty Items Rented Each Price CITY COUNCIL $47,947,90 $3,4e0.fi2 40 CHAIR, SAMS WHITE $1.09 $40,00 Subtotal: MUST BE INSTALLED ON LEVEL GROUND Sales Tax: Total: Paid: ALL CHAIRS & TABLES MUST BE STACKED IN THE SAME AREA $56,512.57 $307.08 AS DELIVERED TO AVOID ADDITIONAL CHARGES $0.00 $56,619.65 CHAIR WEIGHT LIMIT IS 250LBS 1 SAFETY PACKAGE, CANOPY $303.10 $803,10 3 SIGN, EXIT LIGHTED $0.00 $0.00 3 ELEC CORD 25' $0,00 $0.00 3 SIGN, NO SMOKING,PLASTIC NOUGHT $0.00 $0.00 25 FIRE EXTINGUISHER $0.00 $0.00 $100.00 REFILL PEE WILL BE CHARGED IF EXTINGUISHER IS DISCHARGED. 1 LABOR $1,200.00 $1,200.00 FRIDAY NIGHT INSTALLATION & SUNDAY PICKUP 70 KWIKCOVER /B'V'fHITE $3.9 $276.60 COVERS FOR VENDOR TABLES 1 DELIVERY /PICKUP $600.00 $600,00 DELIVERY / PICKUP FOR RESTROOMS & SINKS 8 KWIK COVER /6'WHITE $3.95 $31.60 DRESSING ROOM TABLES 1 LADDER 6' $0,00 $0.00 1 FUEL FOR GENERATORS $2,500.00 $2,500,00 »> COST TO REFUEL GENERATORS <11FINAL T.B.D. 1 KWIKCOVER/8'WHITE $3.95 $3.95 CHECK IN 450 ASTRO TURF, LABOR INSTALL SOFT $0.16 $72.00 1 Delivery/Pickup 1 $800.00 8600.00 48 HOUR NOTICE REQUIRED TO AVOID CANCELLATION FEES, ORDER MUST BE PAID IN FULL PRIOR TO DELIVERY. Rental : CA BUS: Sales: Delivery Charge: $47,947,90 $3,4e0.fi2 $3,484.05 $600.00 Subtotal: Sales Tax: Total: Paid: Amount Due: $56,512.57 $307.08 $55,519.65 $0.00 $56,619.65 CITY OF SANTA ANA PARKS & REC a "lore Hours Mon - Fri 9:00a -5:00p Sat 10:00a -2:00p Mori ficatlon R 6 Prinled On Wed B/121201611:92;42AM Software Uy Polnt-o6fiered Systems www.Po101-0 nlal.com Conlrau- Pamma.rpl(1) 25B -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: AGREEMENT AMENDMENT WITH FIESTA DE CARNIVAL FOR A FUN ZONE AREA FOR FIESTAS PATRIAS {STRATEGIC PLAN NO. 5, 5C} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on tat 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 amendment to the agreement with Fiesta de Carnival for the right to provide a Fun Zone area at the Fiestas Patrias event in exchange for $4,200 to be provided to the City, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The September Fiesta event has been a positive event for the downtown businesses and surrounding neighborhoods. This event not only attracts thousands of Santa Ana residents but also visitors from all over Orange County. The purpose of this event is to celebrate Fiestas Patrias through a safe family friendly event to include: live entertainment, food booths, informational booths, merchandise /service booths, cultural exhibits and carnival rides /games over a three -day weekend. The 37th Annual Fiestas Patrias will take place on September 12 — September 13, 2015. In recognizing the great value of the event, City of Santa Ana, Parks, Recreation, and Community Services Agency (PRCSA) recommended that the City host Fiestas Patrias and act as Event Manager. The Event Manager will be responsible for providing all the necessary equipment, stages, electricity, carnival rides, vendor booths, entertainment, and insurance for the event. City staff has been working to bring together all the elements necessary to operate a successful event. As part of managing the event, city staff is requesting an amendment to the agreement with Fiesta de Carnival. Fiesta de Carnival currently provides carnivals at various times during the year at various city parks. This amendment will add to the existing agreement by providing a fun zone area at the Fiestas Patrias event. In exchange for the right to provide the fun zone Fiesta de Carnival will provide the City with $4,200 in revenue. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #5 (Promote a strong arts and culture infrastructure), Strategy C (Promote 25C -1 Agreement Amendment with Fiesta de Carnival for a Fun Zone Area for Fiestas Patrias September 1, 2015 Page 2 arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City - controlled open space). FISCAL IMPACT Revenues in the amount of $4,200 will be deposited into the Parks, Recreation and Community Services Agency revenue account (no. 01113002 53331) for the 2015 -2016 Fiscal Year. 47 Gerardo M Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT; Francisco Gutierrez, Executive Director Finance and Management Services Agency/,,_- 25C -2 FIRST AMENDMENT TO NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS FIRST AMENDMENT TO NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS is made and entered into this 20r' day of August, 2015, by and between Fiesta de Carnival, a California corporation ( "Promoter "), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On February 3, 2015, the City entered into a Non - Exclusive Agreement to Provide Carnivals at City Parks, No. #A2015 -019, with Promoter for a term extending through February 3, 2015 ( "Agreement "), as further specified in that Agreement. B. The parties now wish to amend the Agreement to include the provision of a "fun zone" event by Promoter at the City's Fiestas Santa Ana event to be held on September 12 and 13, 2015, in Downtown Santa Ana. The Parties therefore agree: 1. Section 2, Scope of Services, is amended to include the provision of a "fun zone" event, as described on Exhibit A to this First Amendment, at the City's Fiestas Santa Ana event to be held on September 12 and 13, 2015, hi Downtown Santa Ana. 2. Section 3, Fees/Deposits /Perrnits /Licenses, is amended to provide that Promoter shall pay the City $4,200 in exchange for the right to provide a "fun zone" event, as described on Exhibit A to this First Amendment, at the City's Fiestas Santa Ana event to be held on September 12 and 13, 2015, in Downtown Santa Ana. 3. Except as modified by this First Amendment, the terms and conditions of the Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney B John M. Funk Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager FIESTA DE CARNIVAL Ted Holcomb 25C -3 Exhibit A SCOPE OF SERVICES EVENT: Fiestas Patrias 2015 SERVICE DATE(S): September 12, 2015 through September 13, 2015 COMPENSATION DUE TO CITY: $4,200 DESCRIPTION: Fiesta de Carnival Promotions Company will be supplying the rides and games for the city of Santa Anas 2015 Fiestas Patrias Celebration taking place Sept 12 & 13. The rides will go in the street and small parking lot located on the corner of Bush and 3rd St (see attached map). Rental Fee — Fiesta de Carnival will pay the city of Santa Ana a flat rate of $4,200, Payment will be made at Centennial Park office prior to the show Permits — Carnival will pay whatever permit fees are required for the event Insurance — Carnival will additionally insure the City of Santa Ana on its 2 million dollar general liability policy Setup /teardown — Carnival will setup on Saturday morning at 7:00 am and teardown Sunday night at 11 pm Open Hours — carnival will open at 12 noon and close at 10 pm each night Maintenance — City of Santa Ana will clean street and lot each day Power — City of Santa Ana or Rome Entertainment will provide power to the carnival 25C -4 25C -5 25C -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENTS {STRATEGIC PLAN NOS. 5, 2; 5, 3) l 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 Authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the below - referenced property owners for the identified structures, subject to non - substantive changes approved by the City Manager and City Attorney. Property Owner(s) Historic Address /House Recommended Property Approval Date/ Preservation Vote by HRC A mt. No, David C. & Gloria J. Crockett 2015 -05 2118 North Greenleaf Street 7/23115 Pritchard House 8:0 Phil Calhoun & Ron Stock on 2015 -06 322 West Third Street 7/23/15 behalf of Beta Holdings, LLC Minter House 8:0 Mostafa & Behar Klahori Matin 2015 -08 1006 North French Street 7/23/15 Morris House 8:0 Christopher & Kelly Reinberger 2015 -09 2043 North Victoria Drive 7/23/15 _ Arens Mouse 8:0 Gregory & Nicole Amweg 2015 -10 326 West Nineteenth Street 7/23/15 Rosenme er House 8:0 Ricardo Rivas 2015 -11 1112 North French Street 7/23/15 Alexander House 8:0 Adam C. & Sandra E. Loughlin, 2015 12 2332 North Heliotrope Drive 7123/15 Trustees for Loughlin Family Trust Honer House) 8:0 Judi Bailey, Trustee for Judi 2015 -13 2126 North Heliotrope Drive 7/23/15 Bailey Trust (Bolton House) 7:0:1 (Murashie abstained 25D -1 Mills Act Agreements September 1, 2015 Page 2 HISTORIC RESOURCES COMMISSION ACTION On July 23, 2015, the Historic Resources Commission recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the identified property owners for the historic structures, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a potential property tax reduction allowing the property owner to reinvest the tax savings into the maintenance of the historic property (Exhibit A). Additionally, the agreement prevents inappropriate alterations to the historic structures (Exhibits B1 -B8). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated amounts annually noted below, for a period of not less than ten years. HPPA No. 2015 -05 $102.99 to $514.97 HPPA No. 2015 -06 $209.69 to $1048.43 2118 North Greenleaf St. Exhibit B1 322 West Third Street Exhibit B2 HPPA No. 2015 -08 $38.99 to $194.99 HPPA No. 2015 -09 $267.29 to $1336.43 1006 North French Street Exhibit B3 2043 North Victoria Drive Exhibit B4 HPPA No. 2015 -10 $86.20 to $431.02 HPPA No. 2015 -11 _ $143.64 to $718.18 326 West Nineteenth St. (Exhibit B5) 1112 North French St. (Exhibit B6) HPPA No. 2015 -12 $140.00 to $700.14 HPPA No. 2015 -13 $82.18 to $410.93 2332 North Heliotrope Dr. Exhibit 87 2126 North Heliotrope Dr. Exhibit APPROVED AS TO FUNDS AND ACCOUNTS: Hassan HaghaWy, ICP Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency HS:rb hslhistoric info \mills act agreements \Mills Act Agmts 9- 1 -15.cc Exhibit: A. Mills Act Agreement Template B1 -B8. Historic Resources Commission Staff Reports 25D -2 MILLS ACT AGREEMENT Address Santa Ana, CA 9270 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ( "Agreement") is made and entered into this September 1, 2015 by and between the City of Santa Ana of California (hereinafter referred to as "City "), __ Property Owner (s) David Christopher and Gloria Lynn Jetter Crockett (hereinafter referred to as "Owner "), owner of real property located at Address , Santa Ana, California, 9270 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property at Address ' Santa Ana, California, 9270_ and more particularly described in Exhibit A, attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Historic Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. EXHIBIT A -I- 25D-3 MILLSACTAGREEMENT Address Santa Ana, CA 9170 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division I of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on September 1, 2015 (Effective Date), and shall remain in effect for a term of ten (10) years thereafter (Term). Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the Effective Date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nomenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least nines (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) daLs prior to the annual renewal date, one (1) year shall automatically be added to the Term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nomenewal. d. If either the Owner or the City serves notice to the other of nomenewal in any year, the Agreement shall remain in effect for the balance of the Term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the Term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -'- 25D-4 MILLSACTAGREEMENT Address Santa Ana, CA 9270 a. Owner shall maintain theHistoric Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass; roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the Historic Property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit C and incorporated herein by reference. Owners shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owners shall not be permitted to block the view corridor to the Historic Property with arty new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the Historic Property by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character - defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owners shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owners hereby agree to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. �3� 25D -5 MILLS ACT AGREEMENT Address Santa Ana, CA 9270_ 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owners have breached any of the conditions of this Agreement, or have allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Sect/ion 50286. This cancellation fee shall be apercentage (currently set at twelve and one- half (12 '?FY) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Properly is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60 %) of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God, force majeure, or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement: shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and /or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owners, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to care the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners), then the City may, without farther notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owners growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -a- 25D-6 MILLS ACTAGREEMENT Arldress Santa Ana, CA 9270 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property located at Address Santa Ana, California, 9270_, Assessor Parcel Number, at A.P. No. , and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants twming with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the Historic Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owners: Property Owner(s) Address Santa Ana, California, 9270_ -5- 25D-7 MILLS ACTAGREEMENT Address Santa Ana, CA 9270 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall inderm2ify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal 'injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. e. This hold harmless provision applies to all darmages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. -6- 25D-8 MILLSACTAGREEMENT Address Santa Ana, CA 9270 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into this Agreement, the Owner or agent of Owner shall provide written notice of this Agreement to the State Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. -7- 25D-9 MILLS ACTAGREEMENT Address Santa Ana, CA 1270 In witness whereof, the Parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council OWNER Date: CITY OF SANTA ANA DAVID CAVAZOS City Manager Property Owner(s) Property Owner(s) APPROVED AS TO FORM: SONIA CARVALHO City Attorney Lisa E. Storck Assistant City Attorney -8- 25D-10 MILLS ACT AGREEMENT Address Santa Ana, CA 9170 Exhibit A Legal Description filed in the Office of the County Recorder of Orange County. Assessor's Parcel Number: A.P. Number -9- 25D-11 MILLSACTACREEMENT Address Santa Ana, CA 9270_ Exhibit B Exterior work, shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -to- 25D-12 MILLSACTAGREEMENT Address Saida Ana, CA 9270 size, scale, color, material and character of the property, neighborhood, or environment, 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -ll- 25D-13 MILLS ACTACREEMENT Address Senta Ana, CA 9270_ Exhibit C (photographs attached) Photograph of'Property Front elevation -12- 25D -14 REQUEST FOR a: Histonc Resources Commission Action \ uA MWORIY fS.46:J MEETING DATE: JULY 23, 2015 TITLE- HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015-05 FOR THE PROPERTY LOCATED AT 2118 NORTH GREENLEAF STREET (STRATEGIC PLAN NOS. 5,2; 5,31 Prepared by Hally Soboleske APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO DISCUSSION .,� The applicants, David Christopher and Gloria Lynn Jetter Crockett, are requesting the approval of Historic Property Preservation Agreement No. 2015 -05 (Mills Act) between the property owners and the City of Santa Ana. Property Description The subject property consists of a 1,690 square foot single -story Ranch style residence located on a 7,250 square foot lot at 2118 North Greenleaf Street. The site is within the Single Family Residential (R1) zoning district. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance, Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT B1 25D -15 25D -16 HPPA No. 2015 -05 July 23, 2015 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the Pritchard House and categorized as Contributive in April 2015 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3), Photos of the property are Included with the agreement as well as a photo location map.. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures 4. Discourages inappropriate alterations to the historic property, 5. Provides an opportunity for visual improvement to the physical environment of the community, 6. Offers additional support and attention for historic districts and historic structures in the City. Strateaic Plan Alianment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Susta'inabillty, Objective No. 2 (expand opportunities for conservation and environmental sustainabilty) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). CEQA Compliance In accordance with the California Environmental Quality Act (CEQA), it has been determined that the proposed project is not subject to CEQA. Therefore, no further action is required. Hai y Sob eske Associate Planner HS:jm hslhlsto0c Inblmllls act agreementM2118_N C7reenlenf.lire Attachments; Exhibit 1- 500' Radius Map Exhibit 2 Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25D -17 25D -18 500' RADIUS HPPA - 2015 -05 2118 North Greenleaf Street Pritchard House PLANNING AND BUILDING AGENCY I .9 T 25D -19 25D -20 EXECUTIVE SUMMARY PRITCHARD HOUSE 2118 North Greenleaf Street Santa Ana, CA 92705 NAME Pritchard House REF. NO, ADDRESS 2118 North Greenleaf St. CITY Santa Ana ZIP 1 92705 ORANGE COUNTY YEAR BUILT 1937 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5s1 Location: E] Not for Publication 0 Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War 11 residential expansion and represented the most popular house form in the United States from the 1950s through 1970s, The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor- outdoor Integration. While the style includes several variants, a basic set of character- defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L- shaped or U- shaped in plan the Ranch House typically has a one -story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board- and - batten siding, high brick foundations, art stone, and wood shake roofs, Indoor- outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond - patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY /CONCLUSION: The Pritchard House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for Its exemplification of the distinguishing characteristics of the Ranch style. Additionally, the house has been categorized as "Contributive" because it "is a good example of period architecture. "(Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It ernbodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EpX�HI�BIIT2 L 5 R1af Mf 1 25D -22 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial_ NRHP Status Code Other Listings Review Code Reviewer rce name(s) or P1. Other Identifier: *P2. Location: O Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2118 North Greenleaf City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002. 081 -13 *P3a. Description: (Describe resource and its major elements. include design, materials, condition, alterations, size, setting, and boundaries.) The Pritchard House is designed in an early Ranch style of architecture. It is "L" shaped in plan and is capped with asphalt shingles and has exposed rafter tails. The house is clad in smooth stucco and a bit of wood. The left side of the structure includes a recessed entry with a small covered, concrete porch supported by simple 4" x 4" wood posts. The windows are original wood single hung with horizontal two -over -two configuration with lambstongue features. The front facing cross gable has wooden venting at the gable apex. All front facing windows are flanked by decorative wooden shutters. The tripartite front picture window is also flanked by wood shutters. A red brick chimney extends from the front facing bay. *113b. Resource Attributes: (list attributes and codes) HP2. Single- family Property *134. Resources Present: ■Building ©Structure L70bject ❑Site ❑District 0 Element of District ❑Other P51J. Photo: (view and date) East facing elevation 2014 *P6. Date Constructed /Age and Sources: ■historic 1937 *P7. Owner and Address: David & Gloria Crockett 2118 N. Greenleaf St. Santa Ana, CA 92706 *P8. Recorded by: Hally Soboleske 20 Civic Center Plaza M -20 Santa Ana, CA 92702 *Pg. Data Recorded: April 2, 2015 *P10. Survey Type: Intensive Survey Update *Pt 1_ Report Citation: (Cite survey report and other sources, or enter "none') None *Attachments: L None MLocation Map ❑Sketch Map ®Continuation Shoot ®Building, Structure, and Object Record ClArchaeological Record ❑District Record t:7Linear Feature Record ❑Milling Station Record ❑Rock Ad Record ©Artifact Record ❑Photograph Record 0 Other (list) DPR 523A (1195) Page 2 of 4 2501-23 *Required information 25D -24 SH,B. Nall of California —The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 mesource wame or fF; rmmnaru nouse B1. Historic Name: Pritchard House B2. Common Name: Same B3: Original Use; Single- family Residence B4. Present Use: Single- family Residence *65, Architectural: Style: Ranch *B6. Construction History; (Construction date, alterations, and date of alteratlons)i Constructed 1937 *67: Moved ? ■No ❑Yes OUnknown Dater Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Jasper Famey *616. Significance; Theme Residential Architecture Area Santa Ana Period of Significance: circa 1901.1954 Property Type: Single- family Residence Applicable Criteria: NR; B,C; CR :2,3 (Discuss importance In terms of historical or architectural context as defined by theme, period, and geographic scope. Also address Integrity) The Pritchard House was constructed by builder Jasper Famey for the first owners, Charles and Madeline Pritchard. The Pritchards were a prominent family in the area with Mr. Pritchard being the Executive Vice President of the Santa Ana Building and Loan. Mr. Pritchard was also very active in the Exchange Club which worked to better the community. The Pritchards had two children, Virginia and Donald, and entertained regularly. The Pritchards lived In the home until 1943 when it was purchased by Millard and Helen Pearson. The Pritchards stayed In Santa Ana, and moved to Birch Street. Mr. Pearson was City Treasurer, (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4) 613. Remarks: *B14. Evaluator. Hally Soboleske *.Date of Evaluation: March 2015 DPR 5236 (1195) *B10. Significance (continued): Page 3 of 4 25D -25 Sketch Map — 2118 N. Greenleaf St. 00'L- b31 -13 rsrrnrer r ti}pG c?G Of.7 Qaar S }OOU 4'1 l�{,+i.C�r„} N0. d19 *Required information 'L; ti}pG c?G Of.7 Qaar S }OOU 4'1 l�{,+i.C�r„} N0. d19 25D -26 SH.B. Nall of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# CONTINUATION SHEET Trinomial by Hally Soboleske *Date April 2, 2015 91 Continuation Q Update Santa Ana was founded by William Spurgeon in 1669 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fo Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grow outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Pritchard House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897 - 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York In 1922 (Talbert, pages 353 -356), "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange Count' Re iq star, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15,1981). Revival architecture in a wide vanety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles, The Allison Honer Construction Company went on to complete such notable projects as the 1935 Ad Deco - styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as numerous smaller, single - family houses were built. Continuing In the Floral Park tradition, they were mostly revival In style, in the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its Identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Pritchard I- louse qualifies for listing in the Santa Ana. Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the early Ranch style Additionally, the house has been categorized as 'Contributive" because it Is a "good example of period architecture ". (Municipal Code, Section 30 -2.2). Character defining features include of the Pritchard House that should be preserved include, but may not be limited to, exterior materials, wood windows and fenestration patterns, chimney and roof configuration. *1312. References (continued): Harris, Cyril M. American Archlteoturw. An illustrated Eric volopedia. New York, WW Norton, 1998, Marsh, Diann. Santa Ana An Illustrated History. Encinitas, Heritage Publishing, 1994, McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form.' Washington DC: National Register Branch, National Park Service, US Dept, of the Interior, 1991.. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whitten, Marcus, American Architecture Since 1780. Cambridge: MIT Press, 1969. Armor, Samuel, History of Orange Count . Los Angeles: History Record Company, 1921, page 989. Park Santiago Neighborhood Association. "The Gingerbread Lande Holiday Home Tour; 1999." Brochure. Rischard, Maureen McClintock. "People Behind Places: Enderle Center." Orange County Genecloeical Society Quarterly, December 1993, pages 4 -7. Santa Ana and Orange County Directories, 1905 -1930. Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Ancestry.com Newspapers.com Page 4 of 4 DPR 523L PRI (This space reserved for official comments,) 25D -28 �4 REQUEST FOR J a 00MY11ISSION SI IIT I ICI 101E JULY 23, 2015 TITLE HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015 -06 FOR THE PROPERTY LOCATED AT 322 WEST THIRD STREET {STRATEGIC PLAN NOS. 5, 2; 5,3) Prepared by _tally Soboleske APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO Ex utive Director Acting Plann4ktansger RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Phil Calhoun and Ron Stock as members of Beta Holdings, LLC, property owners, for the structure located at 322 West Third Street, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant The applicants, Phil Calhoun and Ron Stock as members of Beta Holdings, LLC, are requesting the approval of Historic Property Preservation Agreement No. 2015 -06 (Mills Act) between the property owners and the City of Santa Ana. Property Description The subject property consists of a two -story, 3,483 square foot Italianate style structure and a detached two -story decorative water tower located at 322 West Third Street. The structure has been used as an office since 1982. The 13,565 square foot site is within the Transit Zoning Code (SD -84) zoning district. Surrounding land uses are commercial to the north, residential on the south, and commercial to the east with residential uses on the upper floors to the east, and Birch Park to the west (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT B2 r o ., HPPA No. 2015 -06 July 23, 2015 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the Minter House and categorized as Landmark in November of 2000 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long term preservation of the property 2. Allows for a mechanism to provide for property rehabilitation. 1 Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No, 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). CEQA Compliance In accordance with the California Environmental Quality Act (CEQA), it has been determined that the proposed project is not subject to CEQA. Therefore, no further action is required. Haliy So leske Associate Planner HS:jm hslhistorlc InVmllls act agreemenlsftpa -20 IG -G Minter House.hre Attachments: Exhibit 1- 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25D -30 1 -1 HPPA- 2015'06 322 West Third Street Minter House PLANNING AND BUILDING AGENCY EXHIBIT 1 25D -31 NAME Minter House REF. NO. 180 ADDRESS 322 West Third Sheet CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1877 LOCAL REGIS'T'ER CATEGORY: Landmark. MSTORIC DISTRICT NEIGHBORHOOD NATIONAL ItEGISTGR. C1ttTERIA FOR EVALUATION E, C NATIONAL REGISTER STATUS CODE is Location: ❑ Not for Publication ® Unrestricted USGS 75" Quad Date: T— R ®'' /J of 'A of Sec _ B.M. ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Italianate DESCRIPTION /BACKGROUND RELATED'T'O PERIOD ARCHITECTURE: The architectural style terminology is adapted from the National Register Bulletin 16A, The I tali anate style is one of the Late Victorian sty les that flourished in California between 1860 - -1890. The style emphasizes the vertical lines, both in the building volume and in the use ofe101191ted doors and windows. Budidings are highly symmetrical and balanced in appearance and accompanied by a pleasant touch of the picturesque. Wide overhanging eaves often with decorative brackets and hipped roofs, usually cap these buildings. Other significant features include balustrade balconies, corner quoins, rectangular windows with hood moldings, and frequent use angular bays. Porches are almost universally present and are relatively restrained in elaboration and are of single story in height. The most common type of porch support is a square column with the corners beveled. Page 1 of 4 10-05-00 ranmgadesNninlm' EXHIBIT n 2501-32 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) Main Residence: Reroof Residence Judy 21, 1927 Alterations July 26, 1933 Reroof June 25, 1943 Convert residence to offices and historic restoration February 9, 1982 Reroof September 11, 1992 Garage: Addition to garage January, 1923 Chimney Repair June 8, 1933 Demolish garage April t3. 1982 RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) Water Tower DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) The two story Minter house was built by Henry C. Berry in 1877. This house originally faced Third Sheet but was turned around to face Birch Street in 1900 so that the front window could face Birch Park. The house is an "L"-shape plan and an elongated, vertical volume, R has a gabled roof with gable ends treated in a classical manner, common to the Greek Revival architectural influences of the tine. 'file detail around the gables includes a modified Greco -Roman cornice containing crown and bed molds, a fascia, derails and frieze. Wood quoins covering the ship lap siding on the building are placed on the corners. Long narrow double hung, foil], paned windows (except the casement windows oil the northwest portion of the house) with hood moldings adorn the home. Two angular bays, one facing Birch St and the other facing Third St extend off the fagade at the first level. 'The northeast corner of the house by all appearances was added on subsequent to the original construction, probably in 1933. The side door and small bay windows on the north have colored glass details often used in later architectural styles, further supporting the concept that the northeast corner on the house is a later addition. Over the main entrance Racing Bitch Street is a neo- classic architrave supported by side brackets. The brackets are ofthe kind which were popular during and after the Civil War. The roof ofthe side porch facing Third Street is supported on wood Columns. The porch rail is of wood supported by turned bnlust'et's. The house is built on a brick Foundation with substantial ooncrete stabilization in the cellar. The defining features which give this building its hallanate style, include the emphasis on vertical volumes and details, such as elongated windows and doors with hood moldings, and the low- pitched roofs, with wide overhanging eaves which are detailed with a Greco -Roman cornice. The tune of angular bays at the first level, the balustraded balconies, its areaded porch and the use of ship lap siding and corner quoins, further define the Italianate style. The water tower cast of the house is of the same shiplap siding as the house and is of a height comparable to the house. The water tank is two stories with an exterior stairway leading to the top floor. The First Floor includes a small unused studio -type apartment with inoperative tub and sink. HISTORIC HIGHLIGHTS: George W. Minter arrived in Santa Ana In 1874 and involved himself in many profitable ventures. As a younger man, Ile was a successful walnut grower and in his later yens concerned himself will) real estate, banking and civic offices. On October 9, 1879 he married Elizabeth Berry. George Minter resided at this house for 47 years. During the early part of his residence he was employed as the Deputy Assessor of Los Angeles County, prior to the creation of Orange County in 1882 He was it primary leader in promoting the separation of Grange County from Los Angeles County. In addition, lie started the First street oar I ine in the county, and was active in many real estate ventures. As an active civic leader in 1910, he served on the Santa Ana Park Commission which raised funds for the completion of the original Town Park (presently Birch Park). Elizabeth's older sister Louisa was married to Albert W. Birch who died in 1872. In 1897, his children, Emma and Otis Birch donated the land across the street from the Mints' House to the City of Santa Ana per the creation of Birch Park, in honor of their rather. Page 2 of'4 LL1nr2C�emegni9ee:minier ur -c; -nn 25D -33 RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation,) HP2 Single Family Property 0 Building MOVED? ®lvfo ® Structure ❑ Object ❑ Yes ❑ Unknown ❑ Site ❑ District ❑ Element of District Date: Original Location: ❑ Other STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.) The Minter House is characteristic of homes built by the wealthier Santa Ana families in the 1870's. This two story building is a fine example of Santa Ana Architecture during the early development of the City in 1870's, The Minter house survives as an architectural and historical reminder of one of Santa Ana's leading commercial pioneers. SUMMARY/CONCLUSION: The Minter house is significant both for its unique architecture and for its historical significance as the long term home for one of Santa Ana's early pioneer families and businessman. Architecturally, the Minter house is one of the few last remaining Italianate style homes is Santa Ana and nearby communities. It comes extremely close to being of the pure Italianate style as coil] nonly manifested in Southern California in the in id I800's and is an excellent period example. The features that give this building its unique architecture include the emphasis on vertical volumes and details, such as elongated windows and doors with hood moldings, and [foe low - pitched roofs, with wide overhanging eaves which are detailed with a Greco -Roman eomiee. The use of ship lap siding and corner quoins, the angular bays at the First level, the detailing at the balustrade ofthe balconies further the unique quality of this building. The accompanying water tower is one of only it few such remaining water towers in the City. Historically it is significant because it remains as one of the last houses of an early Santa Ana pioneer family. This building is listed individually on the National Register of Historic Properties, OWNER AND ADDRESS: Eugen Charles Andres Trust Santa Ana, CA 92701.5226 Page 3 or 4 LIA I RC�muegarick�ninlcr IMD -0U 25D -34 RECORDED BY: (Name, affiliation, and address) of Santa Ana. Plannine Division 20 Civic Center Plaza M -20, Santa Ana, CA 92702 DATE RECORDED: November 9, 2000 SURVEY TYPE: (Intensive, reconnaissance, or other) Reconnaissance REPORT CITATION: (Cite survey report and other sources) National Register of Historic Places Nomination Form REFERENCES: E V ALUA'I'OR: _ Santa Ana Historic Register Application Form (List documents, date of publication, and page numbers, May also include oral interviews.) National Register Bulletin I6A _Santa Ana Architectural Style Guide, Text by Kathleen Les, Drawings by Diann Marsh _City of Santa Ana Building Division Records EXPLANATION OF CODES: DATE OF EVALUATION: National Register Criteria for Evaluation: (Prom Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) B: that are associated with the lives of persons significant to our past C: that embody the distinctive characteristics of a type, period, or method Of Construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction National Register Status Code; (From. Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) IS: Separately listed in the National Register. LLIi- IRC7cntagorioalenintvr 10.05.00 Page 4 o f 4 25D -35 25D -36 REQUEST FOR Historic Resources Commission Action r +3 HI.SrOPJCRESCRJRCES S ME nNGDAiE: JULY 23, 2015 TITLE - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015 -08 FOR THE PROPERTY LOCATED AT 1006 NORTH FRENCH STREET {STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by Halms Sobolesks APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO Executiv` irector Acting (lannin Manager [7; m `i5I`LTi(:I i7 i:f�T �Cs1Ti Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Mostafa and Bahar Klahori Matin, property owners, for the structure located at 1006 North French Street, subject to non - substantive changes approved by the City Manager and City Attorney. Reauest of Applicant The applicants, Mostafa and Bahar Klahori Matin, are requesting the approval of Historic Property Preservation Agreement No. 2015 -08 (Mills Act) between the property owners and the City of Santa Ana. P ro p e_rty_ D e s c ri pt i o n The subject property consists of a 3,124 square foot, one -story Craftsman style residence located at 1006 North French Street. The site is within the French Park (SD -19) zoning district. Surrounding land uses are residential to the north, east and west, and multi - family residential to the south (Exhibit 1). The lot is 6,683 square feet in size. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT 63 25D -37 HPPA No. 2015 -08 July 23, 2015 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the Morris House and categorized as Key in March of 2002 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long term preservation of the property 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community 5. Offer's additional support and attention for historic districts and historic structures in the City. Strateaic Plan Allanment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). CEQ Compliance In accordance with the California Environmental Quality Act (CEQA), it has been determined that the proposed project is not subject to CEQA. Therefore, no further action is required. Ha ly S leske Associate Planner HS:jm hsNstorlc InUmills act agreementsftpa- 2015 -8 1000NFrench.hrc Attachments: Exhibit 1- 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25D -38 HPPA- 2015 -08 1006 North French Street Morris House PLANNING AND BUILDING AGENCY EXHIBIT 1 25D -39 EXECUTIVE SUMMARY MORRIS DOUSE 1006 North Creneh Street Santa Ana, CA 92701 NAME Morris House ItEF. NO. ADDRESS 1006 North French Street CPPY Santa Ana ZIP 1 92701 ORANGE COUNTY YEARBUILT 1922 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVAuixriON C NATIONAL REGISTER 5TAT'U5 CC7:DL' l.D Location: ❑ Not for Publication N Unrestricted ❑ Prehistoric N Historic ❑ Both ARCHITECTURA %.STYLE: Bungalow /Craftsman Closely related to the English Arts and Crafts Movement, American Bungalow /Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Hemy Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans, Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in hands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY /CONCLUSION: The Morris House was listed in the National Register orl-listoric Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building Is also listed in the California Register. It nlso qualifies for listing in the Santa Ana Register of Historical Property wider Criterion I as representative of the distinguishing characteristics of the late Craftsman style. Additionally, the Morris House has been categorized as "Key" for its "distinctive architectural style and quality" for its unusual interpretation of the Craftsman style (Municipal Code, Section 30.2.2). EXPLANATION OF CODES: National Register Criteria for Evaluation; (Front Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) I D: Contributor to a listed district. WN)islorioAUen,plsluslPrench N 1006 FS ltisoRls Haase) VIVO EXHIBIT 2 Pane 1 of 25D -40 State of California --The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI #_ PRIMARY RECORD Trinomi Other L Review P7i NRHP Status P1. Other Identifier: *P2. Location: ONot for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 1006 North French Street City Santa Ana Zip 92701 *e. Other Locational Data: Assessor's Parcel Number 398 - 027 -16 Block: NA Lot: NA *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) A complex clipped gable roof distinguishes this rambling, one -story Craftsman bungalow. Low pitch, overhanging eaves, and exposed beams and rafter tails characterize the root Narrow clapboard covers the house and gable faces. The front, east elevation Is notable for the prominent covered porch spanning two- thirds of the fagade. Two pairs of paneled posts resting on a raised concrete porch floor support the porch roof. A row of dentiis decorates the porch beam. The main gable, with horizontal lath venting at its peak, extends over and closely hugs the porch root A metal security door covers the entrance, which is flanked with multipane sidelights. Trios of narrow, aight- light, double -hung windows are located north and south of the entrance, On the south elevation, a brick chimney projects through the gable peak and is flanked by small, square windows set high on the wall. This elevation also contains a second porch, recessed beneath a shed roof. A detached, three unit apartment building was erected at the rear of the property in 1957. Other than the metal security door, the bungalow exhibits a high degree of integrity. *P31b. Resource Attributes: (list attributes and codes) HP2. Single- family Property *P4. Resources Present: SBuilding ❑Structure ❑Object ❑Site ❑District ■Element of District OOther P5b. Photo: (view and date) South and east elevations January 2002 *P6. Date Constructed /Age and Sources: ■historic 1922 /National Register nomination, 1998 *P7. Owner and Address: *P8. Recorded by: Leslie J. Neumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: March 6, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none ") Les, Kathleen. "Historic Resources Inventory French Park District, " September 1979. Marsh, Diann. "French Pan( Historic District." National Register Nomination Form, February 1998. *Attachments: ONone OLocation Map OSketch Map eContinuation Sheet ■Building, Structure, and Object Record OArchaeological Record ODistrict Record OLinear Feature Record ❑Milling Station Record ORock Art Record OArtifact Record 11 photograph Record O Other (list) DPR 623A (1195) *Required Information Page 2 of 4 25D -41 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI #_ T_ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code ID 'Resource Name or rt: morns mouse 61. Historic Name: Morris House 82, Common Name: Same B3, Original Use: Single - family Residence B4. Present Use: Single - family Residence *B6, Architectural Style: Bungalow /Craftsman *86, Construction History: (Construction date, alterations, and data of alterations): Constructed in 1922, December, 1921, Greenhouse. October ii, 1933. Rapoirchimney December 16,1949, Reroof. April 11, 1967. Three unit apadarent (9 rooms) [in rear of property]. June 19, 1967, Plastering. June 14, 1999. Reroof with tear off of comp, install new comp. *87. Moved? IIINo ❑Yes ❑Unknown Date: Original Location: *88. Related Features: 1398. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880 -1946 Property Type: Single- family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address Integrity) The Morris House, a Craftsman bungalow made distinctive by its roof treatment, is architecturally significant as one of the more unusual examples of the type in Santa Ana. It is also important as a contributor to the French Park Historic District According to previous research, the house was constructed in 1922 for Frank end Nancy Morris. They were the proprietors of Morris the Florist shop at 630 North Main Street. From 1933 until 1940, Franklin P. Hickey and wife Mary resided in the house. Mr, Hickey was a salesman for the Standard Oil Company in Santa Ana (Marsh, 1998). (See Continuation Sheet 3 of 3.) 611. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3) B13. Remarks: *814. Evaluator: Leslie J. Heumenn *Date of Evaluation: March 6, 2002 (This space reserved for official comments.) Sketch Map t SPW IFON 4 (-V E .y I^r_� x xi a T.. 5 Morris House 1006 North French Street V 0- wh 0 DPR 5238 (1195) Page 3 of 4 'Required information 25D -42 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial by Leslie J. Neumann, Peter C. Moruzzi, SAIC *Date March 6, 2002 ® Continuation ❑ Update *B8. Construction History (continued): January 24, 1995. Construct retaining wall under apartment building to restore foundation, replace concrete footing at front porch, remove unpermltted bathroom and laundry room from garage and return to garage use, minor repairs to stairs. Repair doors and steps into cellar; replace damaged siding and trim, repair porches and balconies, repair roofrafter tails, make all windows operative, remove unperrnitted enclosure of porch, *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southem Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of "Santa Ana East" never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city Is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Pads Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1866. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tray -tined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single- family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s, From the nineteenth century onwards, residents were a "Who's Who "of eady Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the "Nob Hill" of Santa Ana, French Park declined in the 1940s and 1950s as some hornes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi- family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The Morris House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and Is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as a representative example of the distinguishing characteristics of the late Craftsman style Additionally, the house has been categorized as "Key" for its distinctive architectural style and quality. Characteristic Craftsman features include asymmetrical massing, gabled roof configuration, exposed beam -ends and rafter tails, and porch treatment. Character- defining exterior features of the Morris House that should be preserved include, but may not be limited to: materials (wood) and finishes (siding); roof configuration end detailing; massing; porch layout; end -wall chimney, and architectural details such as beam ends and rafter tells. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. Now York, WW Norton, 1996 Marsh, Diann, Santa Ana An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. Now York, Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. "Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources. "Sacramento: March 1995. WhiKen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Armor, Samuel. History, ofOraoge County, 1921, Guinn, Jaynes Miller. Historical and Biographical Record of Southern California. 1902. Historical Landmarks Inventory Form, November 18, 1976 (Santa Ana History Room). 'Preserving the Past in French Park." The Register February 12, 1983. DPR 5231 Page 4 of 4 25D -43 25D -44 REQUEST FOR JULY c 2015 \ \Y 1 ry l tsiaw . TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015 -08, HISTORIC REGISTER CATEGORIZATION NO. 2015 -08, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO, 2015 -09 FOR PROPERTY LOCATED AT 2043 NORTH VICTORIA DRIVE {STRATEGIC PLAN NOS. 5,2; 5,3} Prepared by Hally Soboleske APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO Executive Director Acting 0annit,91manager �40014 1. Adopt a resolution approving Historic Resources Commission Application No, 2015 -08 and Historic Register Categorization No. 2015 -08. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Christopher and Kelly Reinberger, subject to non - substantive changes approved by the City Manager and City Attorney. Reguest of Applicant Christopher and Kelly Reinberger is requesting approval to designate an existing residence located at 2043 North Victoria Drive to the Santa Ana Register of Historical Properties as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property consists of a 3,178 square foot, two -story Colonial Revival (French Regency Variant) style residence and detached garage on a 17,895 square foot residential lot located on Victoria Drive between Santa Clara Avenue and Nineteenth Street (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or 25D -45 HRCAIHRC No. 2015 -08 HPPA No. 2015 -09 July 23, 2015 Page 2 architecture of the city in accordance with the criteria set forth in Section 30 -2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30 -2 of the Santa Ana Municipal Code. Staff analysis indicates the property meets eligible criteria for consideration of a historic designation. No known code violations exist on record for this property. The property, also recognized as the Arens House, has distinctive architectural features of the Colonial Revival style (French Regency Variant style) and was built in 1949. The first owners were Mr. and Mrs. Leslie Arens. Mr. Arens was a salesman for the Julian and Kokenge Company which sold Footsaver shoes for men and women. The home was later sold to Mr. Keith Golden. Character defining features of the Arens House that should be preserved include, but may not be limited to, materials and finishes (stucco, stone, and wood siding); cross gabled roof configuration and detailing; casement windows; and architectural details such as diamond patterned windows and sidelights, dormers, and fenestration pattern (Exhibit 2). It is recommended to be designated to the Santa Ana Register of Historical Properties and categorized as "Key" because of its rare and distinctive architectural style and quality. Mills Act Aclreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include; • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property 25D -46 HRCA /HRC No. 2015 -08 HPPA No. 2015 -09 July 23, 2015 Page 3 Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement, Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted 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, nor was there a request that the applicant present the project to a meeting of their members. The project site 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. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015 -62 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Engagement & Sustainability, Objective No. 2 (expand opportunities for environmental sustainability) and Objective No. 3 (facilitate diverse housing support efforts to preserve and improve the livability of Santa Ana neighborhoods) Rally S leske Associate Planner HS:jm WHIstaric W02063_N Viclorla1071615 HRC\hrca -15-08 hWPn15.09.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - department of Parks and Recreation Form Exhibit 3 - Milts Act Agreement 25D -47 Health, Livability, conservation and opportunities and PLANNING AND BUILDING AGENCY FORWO EXECUTIVE SUMMARY ARENS HOUSE 2043 North Victoria Drive Santa Ana, CA 92706 NAME Arens House REF, NO. ADDRESS 2043 North Victoria Drive i CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1949 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication Z Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Colonial Revival (French Regency Variant) The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration In Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side - gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double -hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors, Popular in the 1930s, the Regency Variant of the Colonial Revival style draws on English rather than American precedents. The Regency Variant often displays a simplified entry and door surround, framed within a metal entry porch with a canopy roof. Simpler in its ornamental program than the Colonial Revival, the Regency Variant also incorporates features such as ornamental segmented pediments, octagonal windows and metal balconettes formed of simple geometric patterns. (McAlester, 320 -326; 331 -332). SUMMARYICONCLUSION: The Arens House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Colonial Revival style (French Regency Variant), Additionally, the house has been categorized as "Key" because it "contributes to the overall character and history" of Santa Ana, and, as an intact, rare, and distinctive example of the combination of the Colonial Revival style (French Regency Variant) in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: . California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "Flow to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. . California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 2 54 U 9 DEPARTMENT OF PARKS AND RECREATION HRI PRIMARY RECORD Trlr NRHP Status Code_. Other Listings__ Review Code Reviewer 1 of 4 Resource name(s) or number (assigned by P1. Other Identifier: *P2. Locatlow ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2043 North Victoria Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 399 - 111 -13 *153a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Topped with asphalt shingles and sheathed in smooth stucco, this two -story residence is a Colonial Revival style of architecture in the French Regency variant. The fegade is crisscrossed with downspouts painted to match. This front facing bay is pierced by the six - paneled front door opening flanked by two sidelights with diamond patterned muntins. The porch overhang includes a single drop light. Porch flooring is stone and concrete. This bay is also adorned with a front facing bay window that includes fixed windows with diamond patterned muntins. The bow portion of the window is covered with stone veneer and includes two seat walls at each corner. The bow window is capped with a copper roof The upper story of the front facing bay has two centered casement windows with a rectangular enclosed pediment above that transform into hipped dormers at their apex. These pediment/dormer combinations are the distinctive features of the French Regency style. The side gabled portion of the fagade contains a very consistent fenestration pattern, consistent with the Colonial Revival style. The lower floor contains two elongated windows In a 3 x 6 pattern and topped with lintel trim. The pair of windows is bordered with two non - original heavy metal and glass lanterns on each side. The second story windows are mirror images of those on the front facing bay. Highly Intact, the residence is in excellent repair and is enhanced through mature landscaping on a large 17, 695 square foot lot. *133b. Resource Attributes: (list attributes and codes) HP2. Single - family Property W. Resources Present: ■Building OStructure 004Ject ❑Site CIDlstrict ❑Element of District 00ther *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. P51a. Photo: (view and date) West facing elevation June 2015 *P5. Date Constructed /Age and Sources: ■historic 1949ICity of Santa Ana Building Permits *P7. Owner and Address: Christopher & Kelly Reinberger 2043 n. Victoria Drive Santa Ana, CA 92706 *P8. Recorded by: H. Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: July 16, 2015 *P10. Survey Type: Intensive Survey Update *Attachments: ONone ❑Location Map C7Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record L District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record OArdfact Record El Photograph Record 0 Other (list) DPR 523A (1/95) Page 2 of 5 25D -50 *Required information State of California —The Resources Agency Primary # _. _ DEPARTMENT OF PARKS AND RECREATION HRI #_._ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 "Resource Name or 9: Arens House B1. Historic Name: Arens House B2. Common Name: Same B3. Original Use: Single- family Residence B4. Present Use: Single - family Residence *135. Architectural Style: Colonial Revival (French Regency Variant) *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1949 June 6, 1949. 8 room residence and garage. For Leslie G. Arens by J. 0. Cooper`, $20,000. March 22, 1954. Add room on second floor of residence. September 20, 1954. Addition to residence, April 15, 1976. Swimming pool far Golden by California Pools, $4, 500. April 16, 1976, Kitchen remodel. March 2, 1977. New heating and WC. *137. Moved? ■No OYes ❑Unknown Date: Original *B$. Related Features: Mena. B9a, Architect: Unknown b. Builder: J. 0. Cooper *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single - family Residence Applicable Criteria: NR: Q CR: 3 (Discuss importance In terms of historical or architectural context as defined by theme, period, and geographic scope. Also address Integrity) The Arens House Is architecturally significant for its transitional styling, combining aspects of the Colonial Revival with a French Regency Variant. According to the original building permit, the house was constructed for owners Eleanor and Leslie G. Arens by contractor J. 0. Cooper of Corona. A native of Illinois, Leslie Arens mover/ to Santa Ana with his wife in by way of Culver City in 1951. They were frequent travelers as Arens was a salesman for Footsaver Shoes manufactured by Julian and Kokenge out of Columbus, Ohio. Footsaver Shoes were very popular from the 1920's through the 1960's and the company worked hard to standardize women's styles of shoes to four basic styles to make the manufacturing process easier and more economical, Arens was very successful and retired in 1952 at the age of 72. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *B14, Evaluator: Haily Soboleske *Date of Evaluation: July 16, 2015 (This space reserved for official comments.) 2043 N. Victoria Drive Sketch Map 399- 111 -13 &RM1011AY `'— srenv's �� cac s ,vo m' Ii 5 b IB i` IB IP h� I6 Rf LAr DPR 5238 (1195) Page 3 of 5 *Required information 25D -51 Iq ID MCI` PR/YF a DPR 5238 (1195) Page 3 of 5 *Required information 25D -51 State of California —The Resources Agency Primary #. DEPARTMENT of PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial by *810, Significance (continued): or if tAssignea uy recoreer) Arens Mouse *Date duly 18, 2015 ® Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago do Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and Incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses, The Arens House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897 - 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creak. "When built in the 1920s, the Floral Park homes were the most lavish and expensive In the area. They sold for about $45,000 each" (Orange Countv Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 19306; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 An Deco-styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped crania, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Ray Roscoe Russell (1881 - 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War i/ years, Floral Parlc continued its development as numerous smaller, single - family houses were built. Continuing In the Floral Park tradition, they were mostly revival In style. In the 1950s, low, horizontal Rench Style houses completed the growth of Floral Pan(, Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Arens House qualifies for listing In the Santa Ana Register of Historical Properties under Criterion 3 because it embodies the distinctive characteristics of the Colonial Revival style (French Regency Variant). Typical features of the Colonial Revival (French Regency Revival) elements, including the building massing, a consistent fenestration pattern, the use of dormers and a bay window, and covered front porch. Additionally, the house has been categorized as "Key" because it possesses "distinctive architectural style and quality." Charactor- defining exterior features of the Arens House that should be preserved include, but may not be limited to, materials and finishes (stucco, stone, and wood siding); cross gabled roof configuration and detailing; casement windows, and architectural details such as diamond patterned windows and sidelights, dormers, and fenestration pattern. OPR 523L Page 4 of 6 25D -52 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET by B12. References (continued): Primary # _ HRI If Trinomial or # (Assigned by recorder) Arens House "Date July 16, 2015 C Continuation ❑ Update Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York.' Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form, "Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Pleasants, Mrs. J. E. History of Orange County, California volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. Whiffen, Marcus, American Architecture Since 1780, Cambridge: MIT Press, 1969. Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies," Orono County Ra faster. September 15, 1981. "History of Floral Park" litto,Lww 1oraLyaar1f.comloage2html. Santa Ana and Orange County Directories, 1937 -1978. Page 5 of 5 DPR $231. 25D -53 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 07/23/15 RESOLUTION NO. 2015 -XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015 -08 TO PLACE THE PROPERTY LOCATED AT 2043 NORTH VICTORIA DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2015 -08 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1, The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On July 23, 2015, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2015 -08) and categorization (Historic Resources Commission Categorization No. 2015- 08) of the Arens House, located at 2043 North Victoria Drive, Santa Ana. B. The Arens House has distinctive architectural features of the Colonial Revival with a French Regency Variant. The home was built in 1949 for Eleanor and Leslie G. Arens by contractor J.O. Cooper. Mr. Arens was a salesman for Footsaver Shoes, a very popular brand from the 1920s through the 1960s. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Key because it possesses "distinctive architectural style and quality ". D. Character - defining features of the Arens House that should be preserved include, but may not be limited to, materials and finishes, cross gabled roof configuration and detailing. E. The legal owners of the subject property are Christopher and Kelly Reinberger. F. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. G. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30 -2 of the Santa Ana Municipal Code. Resolution No, 2015 -XX 25D -54 Page 1 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 Id. The subject property meets the minimal standards for placement in the Key category pursuant to Section 30- 2.2(2) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015 -62 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Aria after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2015 -08 to place the Arens House, located at 2043 North Victoria Drive, Santa Ana, on the historical register, and B. Historic Register Categorization No. 2015 -08 placing the Arens House, located at 2043 North Victoria Drive, Santa Ana, within the Key category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the staff report and exhibits attached thereto; the report entitled "Historical Property Description;" and the public testimony, all of which are incorporated herein by this reference, Section 4. For the subject property, a report entitled "Historical Property Description," is on file in the Planning and Building Agency, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this day of 2015. Resolution No. 2015 -XX 25D -55 Page 2 of EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 Alberta Christy Vice Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Commission members NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on Date: Commission Secretary City of Santa Ana Resolution No. 2015 -XX 25D -56 Page 3 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION APN Address Owner Names Legal Description 399 - 111 -13 2043 North Victoria Drive Christopher & Kelly Reinberger A TR 181 BLK B COLES NORTH SANTA ANA TR Exhibit A Resolution No. 2015 -XX Page 4 of 4 25D -57 25D -58 PUBLIC HEARING – HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015 -04, HISTORIC REGISTER CATEGORIZATION NO. 2015 -04, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015 -10 FOR PROPERTY LOCATED AT 326 WEST NINTEENTH STREET {STRATEGIC PLAN NOS. 5,2; 5,3} Prepared by Hally Soboleske _ COMMISSION SECRETARY APPROVED • As Recommended • As Amended El Set Public Hearing For CONTINUED TO s Exe tive Di for Acting PI ning M ager — - ., i 1 z 1. Adopt a resolution approving Historic Resources Commission Application No. 2015-04 and Historic Register Categorization No. 2015 -04. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Gregory and Nicole Amweg, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant Gregory and Nicole Amweg are requesting approval to designate an existing residence located at 326 West Nineteenth Street to the Santa Ana Register of Historical Properties as well as approval to execute a Mills Act agreement with the City of Santa Ana. Prolect Location and Site Description The subject property consists of a 1,340 square foot, single -story Craftsman Bungalow style residence without a garage on a 6,250 square foot residential lot located on Nineteenth Street between Victoria Drive and Broadway (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties, The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or EXHIBIT B5 2501-59 HRCAIHRC No. 2015 -04 HPPA No. 2015 -10 July 23, 2015 Page 2 architecture of the city in accordance with the criteria set forth in Section 30 -2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30 -2 of the Santa Ana Municipal Code. Staff analysis indicates the property meets eligible criteria for consideration of a historic designation. No known code violations exist on record for this property. The property, known as the Rosenmeyer House, has the architectural features of the Craftsman Bungalow style and was built in 1910. The first owners were Mr. and Mrs. Henry Rosenmeyer, a retired couple originally from Ohio. The family owned this home for 26 years. Character defining features of the Rosenmeyer House that should be preserved include, but may not be limited to, materials and finishes (wood siding and trim), original windows where extant, front porch configuration, and vergeboards (Exhibit 2). It is recommended to be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" as a "good example of period architecture." Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property 25D -60 HRCA /HRC No. 2015 -04 HPPA No. 2015 -10 July 23, 2015 Page 3 Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted 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, nor was there a request that the applicant present the project to a meeting of their members, The project site 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 actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015 -63 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Hally Sccyy leske Associa4e Planner HS:jm hsHsloft InfotM W_191 V1615 HRClhrca -15-04 hppa15 -10.hr Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25D -61 ag � e .. : a r' 500' RADIUS • F 1 .� '" NO. 2015-10 1091001MINAl PLANNING AND BUILDING AGENCY EXHIBIT 1 25D -62 th , u� lZYAl ag � e .. : a r' 500' RADIUS • F 1 .� '" NO. 2015-10 1091001MINAl PLANNING AND BUILDING AGENCY EXHIBIT 1 25D -62 EXECUTIVE SUMMARY ROSENMEYER HOUSE 326 East Nineteenth Street Santa Ana, CA 92706 NAME Rosenmeyer House REF. NO. ADDRESS 326 E. 19" Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1910 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Craftsman Bungalow Closely related to the English Arts and Crafts Movement, American Bungalow /Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans, Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s (McAlester, 453 -463). SUMMARY /CONCLUSION: The Rosenberg House is substantially intact and was one of the original farmhouses in this area. The Rosenmeyer House is designed in the Craftsman Bungalow style of architecture, and has been categorized as "contributive" because it "is a good example of period architecture" in the Floral Park neighborhood, EXPLANATION OF CODES: + California Reaister Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 5: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 5 25D -63 State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI #_,., PRIMARY RECORD Trinomi NRHP Status Other Listings Review Code _ or number (assigned by recorder) P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 326 West Nineteenth Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002- 152 -08 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Roserimeyer House is designed in the Craftsman style, is roofed with asphalt shingles and clad in clapboard siding. it is rectangular in plan. Both front facing gables have special decorative treatment such as wood shingling, dentils, and vergeboards, and are closed with fascia boards. The remainder of the house has exposed rafter tails The rearmost is a dutch gable that extends over the front and side wraparound porch. Two brick clad steps lead to the raised front porch and the skirt is covered with matching clapboard siding. Porch supports are 6 "x6" squared posts with simple square capitals and bases. The balusters on the porch's rail are broad with narrow spacing inbetween. The rail itself is short at approximately 2' in height. The windows are single hung with a narrow top outer sash. The front door appears to be original with 3x3 muntins on the top half of the door, and a solid lower portion that is decorated with rustic Ws In the shape of an "X ". The front yard Is surrounded by a wooden picket fence, and landscape is modest, but well cared for. There is no garage on the property. *133b, Resource Attributes: (list attributes and codes) HP2. Single - family Property W. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District 00ther P5a. Photo + ° - r - � K;� - .� s t r *P11. Report Citation: (Cite survey report and other sources, or eater "none') None. P51d. Photo: (view and date) North facing elevation June 2015 *P6. Date Constructed /Age and Sources: ■historic 1910 /City of Santa Ana Building Permits E City Directories *P7. Owner and Address: C,regory and Nicole Amwag 326 N. 19" Street Santa Ana, CA 92706 *P8. Recorded by: H. Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: July 23, 2015 *P10. Survey Type: Intensive Survey Update *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet sBuilding, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record 0Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) Page 2 of 5 25D -64 *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 xrtesource Name ar ix: nosenmeyer House B1. Historic Name: Rosenmeyer House B2. Common Name: Same B3. Original Use: Single - family Residence *B5. Architectural Style: Craftsman B4. Present Use: Single - family Residence *66. Construction History: (Construction date, alterations, and date of alterations) Constructed 1910 1910. 1911. April 6, 1933. January 14, 1947. September 3, 1975. August 28, 1978. September 21, 1971 5 room bungalow for Rosenmeyer by F.F. Skelly. $1,300 1 % story barn to the rear of the property. Rebuild brick flue. One fixture for W. Wortendyke. Water heater forC.A, Smith. Demo garage for Feinberg. I. Service porch to code for Florence Feinberg. *B7. Moved? ONO OYes OUnknown Date: Original Location: *B8. Related Features: None. 89a. Architect: Unknown b. Builder: F. F. Skelly '"610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single - family Residence Applicable Criteria: NR: C; CR 3 (Discuss importance in terms of historical or architectural context as defined by theme, pariod, and geographic scope. Also address Integrity) The Rosenmeyer House is a good example of Craftsman bungalow architecture. The house was constructed in 1910 for Henry and Elizabeth (Lizzie) Rosenmeyer at a time when this area was not within the legal city limits, but was considered rural Santa An until 1912. This was to be their retirement home. Originally from Ohio, Henry and Lizzie met and married in Indiana in 1907. The Rosenmeyers were active in the community and hold many events at their home. In 1911, they had a barn built towards the back of their property. Henry passed away in the home in 1922, and services were held at Smith and Tuthill Funeral Parlor. Elizabeth passed away a decade later. Both are buried at Fairhaven Cemetery. The house changed ownership several times after the Rosenmeyers were gone. Ranchers (James and Lydia Kile) lived in the home from 1938 to 1940 as witnessed by their newspaper ad dated January 11, 1940: '40 R,I.R.hens and putlets. 12 Cross Red pullets ". By 1947, the house was owned by Walter and Mary Wortendyke. Walter worked his way tip the ranks to be a California Highway Patrol officer who was well liked in the community. The Wortendykes remained in the home until 1952. (See Continuation Sheet 3 of 4.) 811. Additional Resource Attributes: (List attributes and codes) Sketch Map_ - 326 W. Nineteenth Street *812. References: 002 - 152 -08 City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps A s 6- (See Continuation Sheet 4 of 4.) �u 813. Remarks: O C9 ai' t 0 - *B14. Evaluator: Hilly Soboleske O 0 *Date of Evaluation: Jul 23, 2015 - —` L w tp Page 3 of 5 25D -65 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI If CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Rosenmeyer House *Recorded by H. Soboleske *Date July 23, 2015 O Continuation ❑ Update DPR 5238 (1195) *Required information *B10. Significance (continued): Santa Aria was founded by William Spurgeon in 1869 as a speculative town site on pen of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the Intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Rosenmeyer House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived In Santa Ana from Beaver Falls, New York In 1922 (Talbott, pages 353.356). "Before nightfall on the day of his arrival, Mr. Honor purchased a parcel of land And that month, he began building custom homes in Santa Ana" (Orancde Countv Register September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built In the 1920s, the Floral Park homes were the most lavish and expensive In the area. They sold for about $45,000 each" (Grange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated In the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco- styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza, Honer lived in the neighborhood he had helped create, at 615 West Santa Clare Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1966), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War it years, Floral Park continuer/ its development as numerous smaller, single - family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains Its Identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Rosonmeyer House qualities for listing In the Santa Ana Register of Historical Properties under Criterion 3 because it possesses the characteristics of the Craftsman Bungalow style. Additionally, the house has been categorized as "Contributive" because it "Is a good example of period archttecture'l Character - defining exterior features of the Rosenmeyer House that should be preserved include, but may not be limited to, materials and flnishes (wood siding and trim); original windows where extant, bargeboards, massing and wrap around porch. DPR 523L (This space reserved for official comments.) Page 4 of 5 25D -66 State of California —The Resources Agency Primary If DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial by 612, References (continued): *Date July 23, 2015 © Continuation ❑ Update Harris, Cyril M. American Architecture: An Illustrated Encyctopedla, New York, WW Norton, 1998. Marsh, Diann. Santa Ana An Illustrated History. Encinitas, Heritage Publishing, 1994, McAlester, Virginia and Lee. A Field Guide to American Houses. New York., Alfred A. Knopf, 1984, National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Once of Historic Preservation. "Instructions for Recording Historical Resources, "Sacramento: March 1995, Pleasents, Mrs. J. E. History of Orange County California, volume 2. Los Angeles: J. R, Finnell & Sons, 1931, pp. 364 -365. Whiffen, Marcus, American Architechue Since 1780, Cambridge: MITPress, 1969. "Alison Honer Dies at 84, "The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies, "Orange County Reatster, September 15, 1981. "History of Floral Park." fdt :f www.ftoral- oark.com/ a e2.h mt. Santa Ana and Orange County Directories, 1937 -1978. Page 5 of DPR 523L 25D-67 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 07/23/15 RESOLUTION NO. 2015 -XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015 -04 TO PLACE THE PROPERTY LOCATED AT 326 WEST NINETEENTH STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2015 -04 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On July 23, 2015, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2015 -04) and categorization (Historic Resources Commission Categorization No. 2015- 04) of the Rosenmeyer House, located at 326 West Nineteenth Street, Santa Ana. B. The Rosenmeyer House has distinctive architectural features of the Craftsman bungalow style with accents such as clapboard siding, wood shingling, and front/side wraparound parch, and was built in 1910 for Henry and Elizabeth Rosenmeyer by F.F. Skelly, C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive because it is considered "a good example of period architecture." D. Character- defining features of the Rosenmeyer House that should be preserved include, but may not be limited to: materials and finishes (wood siding and trim), original windows where extant, bargeboards, massing and wraparound porch. E. The legal owners of the subject property are Gregory and Nicole Amweg. F. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Resolution No. 2015 -XX 25D_68 Pagel of EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 G. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30 -2 of the Santa Ana Municipal Code, H. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30- 2.2(3) of the Santa Ana Municipal Code, Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015 -63 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2015 -04 to place the Rosenmeyer House, located at 326 West Nineteenth Street, Santa Ana, on the historical register, and B. Historic Register Categorization No. 2015 -04 placing the Rosenmeyer House, located at 326 West Nineteenth Street, Santa Ana, within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the staff report and exhibits attached thereto; the report entitled "Historical Property Description;" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description," is on file in the Planning and Building Agency, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029, ADOPTED this day of 2015. Resolution No. 2015 -XX 25D -69 Page 2 of EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 Alberta Christy Vice Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Commission members NOES: Commission ABSTAIN: Commission NOT PRESENT: Commission CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on _ Date: Commission Secretary City of Santa Ana Resolution No. 2015 -XX 25D-70 Page 3 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION APN Address Owner Names Legal Description 002 - 152 -08 326 West Nineteenth Street Gregory and Nicole Amweg A TR 294 BLK O LOT 7 Exhibit A Resolution No. 2015 -XX Page 4 of 4 2501-71 25D -72 REQUEST Y JULY 23, 2015 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015 -11 FOR THE PROPERTY LOCATED AT 1112 NORTH FRENCH STREET (STRATEGIC PLAN NOS, 5, 2; 5, 3) Prepared by Mly Soboleske — ._....._ Execu ive Director - -- APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO -- Acting Plann'GNWager -- Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Ricardo Rivas, property owner, for the structure located at 1112 North French Street, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicant, Ricardo Rivas, is requesting the approval of Historic Property Preservation Agreement No. 2015 -11 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property consists of a 1,136 square foot, one -story Italianate and Colonial Revival style residence located at 1112 North French Street. The site is within the French Park (SD -19) zoning district. Surrounding land uses are residential to the north, south and east, and professional office to the west (Exhibit 1). The lot is 6,250 square feet in size. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. 2501-73 HPPA No. 2015 -11 July 23, 2015 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the James Alexander House and categorized as Key in May of 2002 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the longterm preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. Strategic Plan Alianment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). CEQA Compliance In accordance with the California Environmental Quality Act (CEQA), it has been determined that the proposed project is not subject to CEQA. Therefore, no further action is required. Hally S oleske Associate Planner HS:jm Whlsloric Infolmllls act agreamentslhppa- 2015-11 1112_N_French.hrc Attachments: Exhibit 1- 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25D -74 ih 17 Fe 25 A w" ,1 G4 ' 22 u� "2d 25j a }i 65. 6, 67 a s s '} 28 30 Y 2 rc _ i iJ b sn I �7 73 y 55 t r 49 A 52 79 r � t 87' w , r T ..ffi t y JL ii v i {r p 500' RADIUS HPPA- 2015 -11 1112 North French Street James Alexander House PLANNING AND BUILDING AGENCY EXHIBIT 1 25D -75 EXECUTIVE SUMMARY JAMES ALEXANDER HOUSE 1112 North French Street Santa Ana, CA 92701 NAME James Alexander House ADDRESS 1112 North French Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT Circa 1887 LOCAL REGISTER CATEGORY: Key HIS'T'ORIC DISTRICT French Park NEIGHBORHOOD I French Park NATIONAL REGISTER CR TL'RIA. FOR FWALUATION C NATIONAL REGISTER STATUS CODE ID Location: ❑ NutforPublication 0 Unrestricted 0 Prehistoric M Historic 7 Both ARCHITECTURAL, STYLE: Italianate (Late Victorian), Colonial Revival Tile hablu ate (Late Victorian) style is chiefly identified by its window treatment: tall, relatively narrow, double -hung sash, with flat, arched, or flaftened arch treads often emphasized by hood moldings. Other typical features include low hipped or flat roofs, bracketed cornices, and, particularly in residential examples, a square tower or cupola. In commercial usages, a raised pediment hearing the name or date of the building is not uncommon. A variety of siding materials are used, usually with stringcourses between stories, and sometimes with wall planes framed by quoins. Used for both residential and commercial buildings from the mid nineteenth century through the 1890s, the Italianate style was adapted to "Main Street" commercial buildings and simplified, becoming the "commercial vernacular" oftltc era (Whiffen, 99). The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural pant. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side - gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central i'ocal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double -hung sash, with multiple lights in Cite upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320 -326). S UNIMARY /CONCLUSION: The James Alexander House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It qualities for listing in the Santa Ana Register of Historical Property under Criterion 1, as representative of the distinguishing characteristics of an architectural period, the late nineteenth century. Furthermore, it also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 4b, for its association with James and Thomas .1effersot Alexander. Additionally, the Junes Alexander House has been categorized as "Key" for its "distinctive architectural style and quality" as an example of the blending of the vernacular Italianate (Late Victorian) and Colonial Revival styles (Municipal Code, Section 30-2.2). cm`.6ismiicUcmpialcs�l °ranch N 1112 ES Omm Ak.,n,dur 11 ... mO EXHIBIT 'Ifl V02 Page 1 of 5 25D -76 EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions' for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable crafty whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. cnSLismricVertiplaCCS�rrenc6 N 1112 GS ( /tunas A',ex;mJerl loom) 4177(02 Page 2 of 5 25D -77 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI #,__ PRIMARY RECORD Trinomial—__ NRHP Status Code Other Listings_. Review Code___ Roviewer_ Date Page 1 of 3 Resource name(s) or number (assigned by recorder) James Alexander House P1. Other Identifier: *P2. Location: []Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 9112 North French Street City Santa Ana Zip 92701 *e. Other Locational Data: Assessor's Parcel Number 398 - 027 -22 No& NA Lot: 4 *P3a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) One of the older houses in French Park, the James Alexander House is an Italianate Victorian cottage with a more recent Colonial Revival porch attached in front. The one -story house has a double - hipped roof, offset slightly to the north, pierced by an interior brick chimney. Carved brackets, indicative of the Italianate style, decorate the cornices. The original elevations towards the rear are clad in wide shiplap while the newer front parch wails and closed railing feature clapboard siding. Round wooden posts support a pent, L- shaped porch roof A shallow gable resembling a pediment highlights the porch entrance. The south side of the porch has been enclosed with wood - framed, multi -pene windows. A one -light transom tops a narrow entrance door. A new wooden picket fence atop a raised curb borders the property at the sidewalk. The house is substantially intact from the date of the porch modiFleation. A triplex with garages was constructed later (1949) at the rear of the property. *P3b. Resource Attributes: (list attributes and codes) HP2. Single- family Property *P4, Resources Present: ■Building OStructure ❑Object ❑Site ❑District ■Element of District ❑Other P5b. Photo: (view and date) South and east elevations January 2002 *P5. Date Constructed /Age and Sources: ■historic circe 18871 Source: Marsh, 1998 *P7. Owner and Address: *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: March 20, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation; (Cite survey report and other sources, or enter "none ") Les, Kathleen. "Historic Resources inventory French Park District," September 1979. Marsh, Diann. "French Park Historic District." National Register Nomination Form, February 1998. *Attachments: ONone ❑Location Map ❑Sketch Map eContinuation Sheet IlBuilding, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record OArtifact Record ❑Photograph Record O Other (list) DPR 523A (1/95) Page 3 of 5 25D -78 *Required information 3 z ry: I n� Y z i Al I ilia P5b. Photo: (view and date) South and east elevations January 2002 *P5. Date Constructed /Age and Sources: ■historic circe 18871 Source: Marsh, 1998 *P7. Owner and Address: *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: March 20, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation; (Cite survey report and other sources, or enter "none ") Les, Kathleen. "Historic Resources inventory French Park District," September 1979. Marsh, Diann. "French Park Historic District." National Register Nomination Form, February 1998. *Attachments: ONone ❑Location Map ❑Sketch Map eContinuation Sheet IlBuilding, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record OArtifact Record ❑Photograph Record O Other (list) DPR 523A (1/95) Page 3 of 5 25D -78 *Required information State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 1D Kesource Name or v: James Alexander House B1. Historic Name: Jalnos Alaxander House B2. Common Name: Same B3. Originai Use: Single - family Residence Bd. Present Use: Single - family Residence *B5. Architectural Style: italianate (Late Victorian); Colonial Revival *B6. Construction History: (constriction date, alterations, and date of alterations): Constructed circa 1887. Undated. Reroof. June 12, 1991. Rapairporch 6'x 14'. Septamber 4, 1991. Residing Iowerportion of residence (to match existing), *B7. Moved? ■No ❑Yes OUnknown Date: Original Location: *68. Related Features: B9a. Architect: Unknown b. Builder: Unknown *B10. Significance; Theme Residential Architecture Area Santa Ana Period of Significance; circa 1880 -1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss Importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The James Alexander House is a characteristic example of a Late Victorian cottage modified to reflect changing stylistic trends, in this case through the addition of a Colonial Revival front porch. It is also important as a contributor to the French Park Historic District. Previous research indicates that Thomas Jefferson Alexander and his wife Mary built the house upon their arrival to Santa Ana in 1887. During that year Mr. Alexander was appointed Postmaster of Santa Ana by President McKinley, a position he held for several years. Alexander was employed by the postal service for most of his working life, having been a railway postal clerk prior to settling In Santa Ana. Son James Alexander and wife Laura resided in the home for a number of years after the senior Atexanders moved to a larger house next door. James was Assistant Postmaster for over thirty years, beginning In 1899. William and Ball& Baker became the new owners in the 1920s. IMlilem Balser was Secretary/Manager of box maker Orange County Manufacturing Company (Marsh, 1998). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) _ *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *814. Evaluator: Leslie J. Herrmann *Date of Evaluation: March 26, 2002 (This space reserved for official comments.) Sketch Map tV eer C)l©Ga tr tJ CJ Q, C) i4, C7 Q11r( 'J I (al '*tJnC C1IC Ali 6fMfNGH y-. r -r £(A£r James Alexander House 1112 North French Street DPR 523B (1195) Page 4 of 5 *Required information 25D -79 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET by Leslie J. Heumann, Peter C. Moruzzi, SAIL *810. Significance (continued): Primary It HRI #....-- -_.__. Trinomial or # (Assigned by recorder) Jaynes Alexander House *Date March 20, 2002 ® Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago do Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of "Santa Ana East" never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original cityis marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park, Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing well into it?e twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree -tined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single - family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a "Who's Who" of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the "Nob Hill" of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi - family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The James Alexander House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1, as representative of the distinguishing characteristics of an architectural period, the late nineteenth century. Furthermore, It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 4b for its association with James and Thomas Jefferson Alexander. Additionally, the house has beer? categorized as "Key' for its distinctive architectural style end quality and for its association with a significant person, civil servant James Alexander and his father Thomas Jefferson Alexander. in a stylistic blend, characteristic Italianate features such as narrow, double -hung windows are disguised by the prominent addition of a Colonial Revival front porch. However the hipped roof configuration, bracketed cornices, and shiplap siding point to the Italienate. Characteristic Colonial Revival features include parch columns and the stylized pediment over the porch entrance. Character- defining exterior features of the James Alexender House that should be preserved include, but may not be limited to: materials (wood) and finishes (siding); roof configuration and detailing; massing; porch; interior chimney, and architectural details such as the carved brackets. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York WW Norton, 1998. Marsh, Diann. Santa Ana An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and tee. A Field Guide to American Houses. New Yori<: Alfred A. Knopf, 1984, National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the interior, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus, American Architecture Since 1780: Cambridge: MIT Press, 1969. Armor, Samuel. History of Orange County. 1921, Guinn, James Miller Historical and Biogranhical Record ofS'pnfhem California. 1902, Historical Landmarks Inventory Form, November 18, 1976 (Santa Ana History Room), 'Preserving the Past in French Pan<." The Register. February 12, 1983. DPR 523E Page 5 of 5 25D -80 REQUEST FOR JULY 23, 2015 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015 -07, HISTORIC REGISTER CATEGORIZATION NO. 2015 -07, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015 -12 FOR PROPERTY LOCATED AT 2332 NORTH HELIOTROPE DRIVE {STRATEGIC PLAN NOS. 5,2; 5,3} Prepared by Hally Soboleske APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO r' ZExec) Ave Director f cting P nning M nager v Adopt a resolution approving Historic Resources Commission Application No. 2015 -07 and Historic Register Categorization No. 2015 -07. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Adam and Sandra Loughlin, as executors of the Loughlin Family Trust, subject to non - substantive changes approved by the City Manager and City Attorney. Reauest of Anolicant Adam and Sandra Loughlin, as executors of the Loughlin Family Trust, are requesting approval to designate an existing residence located at 2332 North Heliotrope Drive to the Santa Ana Register of Historical Properties as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property consists of a 1,480 square foot, single -story Minimal Traditional style residence and detached garage on a 6,655 square foot residential lot located on Heliotrope Drive between Santa Clara Avenue and North Park Street (Exhibit 1), Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B7 2501-81 HRCA/HRC No. 2015 -07 HPPA No. 2015 -12 July 23, 2015 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30 -2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30 -2 of the Santa Ana Municipal Code. Staff analysis indicates the property meets eligible criteria for consideration of a historic designation. No known code violations exist on record for this property. The property, also recognized as the Jellis House, has distinctive architectural features of the Minimal Traditional style and was built in 1939. The first owners were Mr. and Mrs. David Jellis. Mr. Jellis was a foreman for the Southern California Edison Company. They lived in the home until 1961 when it was sold to Lillian Swale. Character defining features of the Jellis House that should be preserved include, but may not be limited to, materials and finishes (stucco and brick), square hip roof configuration and detailing, four -over- four wood single hung windows, and red brick chimney (Exhibit 2). It is recommended to be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" as a "good example of period architecture." Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property 2501-82 HRCA /HRC No. 2015 -07 HPPA No. 2015 -12 July 23, 2015 Page 3 Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted 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, nor was there a request that the applicant present the project to a meeting of their members. The project site 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 actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015 -71 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Hally Sobdieske Associate Planner HS;jm hskKstorlc MU150723 hres•hrc '15-7hppe12.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25D -83 500' RADIUS HRCA /HRC NO. 2015 -07 HPPA NO. 2015 -12 2332 NORTH HELIOTROPE DRIVE JELLIS HOUSE PLANNING AND BUILDING AGENCY l � µd �i Y s t �� e j t i r• 1�. t Ma a T 500' RADIUS HRCA /HRC NO. 2015 -07 HPPA NO. 2015 -12 2332 NORTH HELIOTROPE DRIVE JELLIS HOUSE PLANNING AND BUILDING AGENCY l � EXECUTIVE SUMMARY JEWS HOUSE 2332 North Heliotrope Drive Santa Ana, CA 92703 NAME Jells House REF, NO ADDRESS 2332 North Heliotrope Drive CITY Santa Ana ZIP 92703 ORANGE COUNTY YEAR BUILT 1939 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTE=R CRITERIA FOR EVALUATION 5 CALIFORNIA REGISTER STATUS CODE 1 581 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Minimal Traditional During the Great Depression through the Immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle -class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented a stripped -down version of the historic - eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (FHA), which launched a campaign In this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in Its efforts to codify and manufacture "a standard, low -cost, minimum house that the majority of American wage earners could afford" (Greg Hise, Magnetic Los Angeles, p. 57). Minimal Traditional homes are typically rectangular in plan and one -story in height, often with a front - gabled wing and prominent attached chimney. In contrast with the English and Tudor Revival styles the one -story version mimics, the Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi -light casement, double -hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes often display decorative wood shutters and porch -roof supports. SUMMARYICONCLUSION: The Jellis House qualifies for listing on the Santa Ana Register of Historical Properties in the Minimal Traditional style of architecture. It is substantially intact, and is categorized as "contributive" because it "is a good example of period architecture" in the Floral Park neighborhood. (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: . California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 5: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 Pa e 1 of 5 2501-85 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Primary HRI ft- Trinomial NRHP Status Code_ Review Code Reviewer Pacts 1 of 4 Resource name(s) or number (assigned by recorder) Date P1. Other Identifier: *P2. Location: []Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2332 North Heliotropd Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002- 082 -24 *P3a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Jellis House exhibits many of the attributes that are typical of the Minimal Traditional style of architecture. Its form is horizontal, rvery shallow eaves, single storied, and is capped with asphalt shingles. The structure has a square hip gabled roofline in the front portion of the house, and a standard gable in the rear portion, It has a assymetrical red brick chimney on the east (front) facing fagade. Windows are four- over -four single hung with a lambstongue feature. Two windows are side by side on the southern portion of the fagade, and a single window is on the opposite side of the front door. The two step concrent entry is covered with brick. Porch supports are wrought iron with a simple flat top. The front door is six - paneled in Colonial fashion. The landscape is mature and lush, and the detached garage has the same square hip gabled roof plan. *133b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: ■Building OStructure ❑Object MSite rlDistrict ❑Element of District ClOther Intensive survey update P5b. Photo: (view and date) East facing elevation June 2015 *P6. Date Constructed /Age and Sources: ■historic 1939 /City of Santa Ana Building Permits *P7. Owner and Address: Adam and Sandra Loughlin Loughlin Family Trust 2332 North Heliotrope Drive Santa Ana, CA 92706 *P6. Recorded by: Hally Soboleske 20 Civic Center Plazas Santa Ana, CA 92702 *Pg. Date Recorded: July 23, 2015 *P1g. Survey Type: *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ONone ❑Location Map ❑Sketch Map ■Continuation Sheet aBuilding, Structure, and Object Record ❑Archaeological Record ODistrict Record ❑Linear Feature Record 0Milling Station Record ❑Rock Art Record OArtifact Record [-]Photograph Record © Other (list) DPR 523A (1195) Page 2 of 5 25D -86 *Required Information State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5D2 revsvuroe ivarne or M: ✓ears mouse B1. Historic Name: Jells House B2, Common Name: Same 63, Original Use: Single - family Residence B4. Present Use: Single - family Residence *65, Architectural Style: Minimal Traditional *B5. Construction History: (Construction date, alterations, and date of alterations); Constructed 1939 June 14, 1939. 6 room residence and garage. $6,000 July 3, 1961. Addition to residence for L. Swale. September 30, 1980. 324 sf for A Kornisch, February 14, 1991. Add master bedroom, $23, 250. *137. Moved? ■No EJYes ❑Unknown *88. Related Features: None, B9a. Architect: Unknown Date: Original b. Builder: Allison Honer *619, Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single - family Residence Applicable Criteria: CR: 5D2 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Jellis House is architecturally significant as an intact example of Minimal Traditional style of architecture in Floral Park. It was constructed by Allison Hone, a prolific builder in Santa Ana. Tho first owners were David and Ruth J®bls, Mr. Jails was an electrician for Southern California Electric which later became Southern California Edison. They were both born in South Dakota, and came to Calfiornia after marrying. While they waitied for this home to be finished, they resided at 1209 West Highland. By 1954, David had become foreman and was making $2,400 a year. They lived in the home until 1961 when it was sold to Lillian K. Swale, a bookkeeper for Hambly Lighting. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. Marsh, Diann. Santa Ana, An Illustrated History, Encinitas, Heritage Publishing, 1994. (See Continuation Sheet 3 of 4.) B'13. Remarks: *B14. Evaluator: Hally Soboleske *Date of Evaluation: July 23, 2015 DPR 523E (1193) (This space reserved for official comments.) *1316. Significance (continued): Page 3 of 5 25D -87 Now York, WW Norton, 1998. Skekch Map 002. 072 -04 j ?o 2332 N. Heliotrope Dr. , 0 _ .n 0 A 0 O (�D 0 U "Required information ... n U Q Ci '. , ()C)' n -- � G_ I� State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRl # CONTINUATION SHEET Trinomial. of 4 Resource Name or # (Assigned by recorder) Jellts House by Hally Soboleske 'Date July 23, 2015 0 Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered on the Intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Jellis House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897 - 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, anivod in Santa Ana from Beaver Falls, Now York in 1922 (Talbert, pages 353 -356). "Before nightfall on the day of his snivel, Mr. Honer purchased a parcel of land, And that month, he began building custom homes in Santa Ana "(Oranae County Reaista , September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Crook. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Oran e County Reaister, September-16, 1961). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 An Deco - styled Old Santa Ana City Hall, the EI Toro Marine Base during World War it, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 616 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881 - 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War Il years, Floral Park continued its development as numerous smaller, single - family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Jellis House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Minimal Traditional architectural style. Typical features illustrated by the house include its rectilinear massing and configuration,, asphalt shingling, and chimney. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and 'is a good example of period architecture." Character - defining exterior features of the Jellis House that should be preserved include, but may not be limited to, rnateriels and finishes (stucco and brick), roof configuration and detailing, front facing chimney, and original windows and doors where extant. Page 4 of 6 DPR 523L 25D -88 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Of 4 by Hally Soboloske "Date July 23, 2015 ® Continuation ❑ Update B12. References (continued): McAlester, Virginia and Lee. A Field wide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US DepL of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995, Santa Ana and Orange County Directories, 1932 -1954. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Alison Honer Dies at 84," The Santa Ana Journal September 21, 1981. "Builder of Honer Plaza Dies, "Orange County Register September 15, 1981. "History of Floral Park." hltDhWww .Floral- Dark.corn/oarie2.h 1. DPR 523L Page 5 of 5 25D -89 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 07123/15 RESOLUTION NO. 2015 -XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015 -07 TO PLACE THE PROPERTY LOCATED AT 2332 NORTH HELIOTROPE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2015 -07 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1, The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A, On July 23, 2015, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2015 -07) and categorization (Historic Resources Commission Categorization No. 2015- 07) of the Jellis House, located at 2332 North Heliotrope Drive, Santa Ana. B. The Jellis House has distinctive architectural features of the Minimal Traditional style. The home was built in 1939 and was built by prolific builder Allison Honer for David and Ruth Jellis. Mr. Jellis was an electrician and later became foreman for Southern California Electric, which later became Southern California Edison. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive because it "contributes to the overall character and history" of Santa Ana and is "a good example of period architecture ". D. Character- defining features of the Jellis House that should be preserved include, but may not be limited to, materials and finishes (stucco and brick), roof configuration and detailing, front facing chimney, and original windows and doors where extant. E. The legal owners of the subject property are Adam and Sandra Loughlin. F. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Resolution No. 2015 -XX 2501-90 Page 1 of EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 G. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30 -2 of the Santa Ana Municipal Code, H. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30- 2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015 -71 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2015 -07 to place the Jellis House, located at 2332 North Heliotrope Drive, Santa Ana, on the historical register, and B. Historic Register Categorization No. 2015 -07 placing the Jellis House, located at 2332 North Heliotrope Drive, Santa Ana, within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the staff report and exhibits attached thereto; the report entitled "Historical Property Description ;" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description," is on file in the Planning and Building Agency, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorders Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029, ADOPTED this day of 2015. Resolution No. 2015 -XX 25D -91 Page 2 of d. EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 Alberta Christy Vice Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on Date: Commission Secretary City of Santa Ana Resolution No, 2015 -XX 25D -92 Page 3 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION APN Address Owner Names Legal Description 002 - 072 -04 2332 North Heliotrope Adam C N TR 1035 BLK B LOT 17 Drive Loughlin and TR 1035 LOT 17 BLK B N Sandra E. 55 Loughlin Exhibit A Resolution No. 2015 -XX Page 4 of 4 25D -93 25D -94 JULY 23, 2015 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015 -06, HISTORIC REGISTER CATEGORIZATION NO. 2015 -06, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO, 2015.13 FOR PROPERTY LOCATED AT 2126 NORTH HELIOTROPE DRIVE {STRATEGIC PLAN NOS. 5,2; 5,31 Prepared by _ Ha11y Soboleske E ecutive Director •_ r r APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO Acting Planni M ger 1. Adopt a resolution approving Historic Resources Commission Application No. 2015 -06 and Historic Register Categorization No. 2015 -06. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with the Judi Bailey, as executor of the Judi Bailey Trust, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant Judi Bailey is requesting approval to designate an existing residence located at 2126 North Heliotrope Drive to the Santa Ana Register of Historical Properties as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property consists of a 2,611 square foot, single -story Ranch -style residence and detached garage on a 15,640 square foot residential lot located on Heliotrope Drive between Santa Clara Avenue and Nineteenth Street (Exhibit 1), na ysis o e sues __ Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or 25D -95 HRCA /HRC No. 2015 -06 HPPA No. 2015 -13 July 23, 2015 Page 2 architecture of the city in accordance with the criteria set forth in Section 30 -2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30 -2 of the Santa Ana Municipal Code. Staff analysis indicates the property meets eligible criteria for consideration of a historic designation. No known code violations exist on record for this property. The property, also recognized as the Bolton House, has distinctive architectural features of the Ranch style of architecture and was built in 1953. The first owners were Mr. and Mrs. Oral L. Balton. Mr. Bolton began his working life as a farmer, but moved on to real estate, and then as an owner of a prolific oil well. His entrepreneurial nature and successful business sense was known throughout the region. The house has remained in the family to this day. Character defining features of the Bolton House that should be preserved include, but may not be limited to, materials and finishes (stucco and wood roofing); cross gabled roof configuration and open rafter tails; oversized picture windows; and architectural details such as the brick chimney and porte - cochere (Exhibit 2), It is recommended to be designated to the Santa Ana. Register of Historical Properties and categorized as "Key" for its distinctive architectural style and quality, and for its association with Oral Bolton. Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property 25D -96 HRCA /HRC No. 2015 -06 HPPA No. 2015 -13 July 23, 2015 Page 3 Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted 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, nor was there a request that the applicant present the project to a meeting of their members. The project site 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 actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015 -64 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Associate HS:jm WHIsloric InfoM 26 N_Hallotrope1071915 hrdirca -15,08 hppa15,11hre Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25D -97 NO. 2015-06 H-15 A • 1 BOLTON HOUSE PLANNING AND BUILDING AGENCY 5D 98 EXECUTIVE SUMMARY BOLTON HOUSE 2126 NORTH HELIOTROPE DRIVE Santa Ana, CA 92706 NAME Bolton House REF. NO. ADDRESS 2126 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1953 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SSi Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric Z Historic ❑ Both ARCHITECTURAL STYLES Ranch Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s, The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor- outdoor integration. While the style includes several variants, a basic set of character - defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L- shaped or U- shaped in plan, the Ranch House typically has a one -story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board- and - batten siding, high brick foundations, art stone, and wood shake roofs. Indoor- outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond - patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY /CONCLUSION: The Bolton House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Ranch style of architecture Additionally, the house has been categorized as "Key" because it "contributes to the overall character and history" of Santa Ana, and, as an intact and distinctive example of the Ranch style in the Floral Park neighborhood, (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: . California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 551: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 5 25D -99 State of California —The Resources Agency Per DEPARTMENT OF PARKS AND RECREATION HRI PRIMARY RECORD Trir NRHP Status Code_ _. Other Listings__ —..._ _. Review Code—.-_., Reviewer "_ Date or number (assigned by recorder) Bolton Pi. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2126 North Heliotrope Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number *133a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations size, setting, and boundaries.) The Bolton House is a very distinctive and quintessential example of the Ranch style of architecture. It is capped by wooden shingles, and its massing is long and horizontal with a full length front porch. A large porte cochere is attached to the house to the south, exposing the detached two -car garage to the rear of the property. The structure has deep eaves and exposed rafter tails, and is clad in stucco. The front facade is pierced by three very large picture windows, the two windows to the left of the front entry are tripartite with sliders an either side of oversized fixed windows. The large window to the right of the front entry are nearly floor to ceiling and the fixed portion is straddled by windows with a transom and tower sliders. The front porch is supported by original decorative wrought iron posts. Two brick veneer clad steps lead to the front entry which includes a broad front door with sidelights. A wide oversized brick chimney peeks over the north part of the house towards the rear. The Bolton House is in excellent and Intact condition and is nicely landscaped. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure OObject OSite ODistrict OElement of District ❑Other P5a. Photo *P11. Report Citation: (Cite survey report and other sources, or enter 'none ") None. P5b. Photo: (view and date) East facing elevation June 2015 *P6. Date Constructed /Age and Sources: ■historic 1953 /City of Santa Ana Building Permits *137. Owner and Address: Judi Battey 2043 n. Victoria Drive Santa Ana, CA 92706 *PB. Recorded by: H. Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: July 16, 2015 Intensive Survey *Attachments: []None Olocation Map []Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record OArchaeological Record ODistrict Record OLinear Feature Record ❑Milling Station Record ❑Rock Art Record OArtifact Record OPhotograph Record O Other (list) DPR 523A (1195) Page 2 of 5 2501-100 *Required Information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S3 nesource rvame or :t: csorron mouse B1. Historic Name: Bolton House B2. Common Name: Same B3. Original Use: Single- family Residence *B5. Architectural Style: Ranch B4. Present Use: Single- family Residence *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1953 May 5, 1953. 8 room residence and garage by Leonard V. Sousa valued at $32,000. June 12, 1953. 2 circuits, 10 outlets for garage. September 24, 1963. New water heater. *B?. Moved? ■No Oyes ❑Unknown Date: Original Location *B8. Related Features: None. 69a. Architect: Unknown b. Builder: Leonard V. Bouas *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single - family Residence Applicable Criteria: NR: C, CR., 3 (Discuss Importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Bolton House is architecturally significant for its Ranch style and horizontal massing, The home was constructed for Oral Leslie and Opal Bolton. Oral was born in Custer County, Nebraska on July 2, 1891, and married Opal Humphries on June 2, 1916 when she was Just 19 years old. They married at 1424 West Third Street in Santa Ana, California by Rev. Paul Wright of the local First Christian Church. After the wedding, the bride and groom drove back to Nebraska with the bride's parents. They had a child, Henrietta In 1918. In 1920, Oral listed his occupation as farmer, an occupation that ultimately brought the couple to California where they owned orange groves. In 1921, they sold six arses of orange groves for $12,500 (with terms) and moved into 618 North Parton Street. Oral becme involved in real estate with an office at 110 West Fifth Sheet (later moving to Fourth Street). By 1927, the couple were well established in the community, participating in local elections, and Oral won a silver cup at a Realtors golf tournament held at the Santa Ana Country Club. He also became a board member for Frances Willard Junior High School. The membership led to the couple participating in a beach party given by Ole Hanson which was attended by many of Orange County Society including the Bowers family and the Kellogg family. In 1933, an investment In an oil well located in Huntington Beach on Fourteenth Street between Walnut and Ocean, finally paid off, The wail came In with 2,500 barrels and 2 million cubic feet of gas In one day on December 23". While waiting for their new home to be built on Heliotrope Drive, the Bottons rented a house at 1806 Westwood. The couple remained in the home the rest of their lives. Sketch Map Oral passed away on June 5, 1980, and Opal in 1981. Both are 2126 N. Heliotrope Drive burled at Fairhaven Cemetery. 1 002. 082.39 (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (Sae Continuation Sheet 4 of 4.) 813. Remarks: *B14. Evaluator: Haliy Soboleske *Date of Evaluation: July 16, 2015 DPR 528B (1195) Page 3 of 5 25D -101 r _ _ _ I '- -i *Required Information State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial *Recorded by H. Sobolaske "13.10. Significance (continued): or # (Assigned by recorder) Bolton House "Date July 16, 2015 ® Continuation ❑ Update Santa Ana was founded by William Spurgeon In 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago its Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Bolton House is located In Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Sheet, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived In Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353 -356). 'Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. 'When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each "(Orange County Register, September 15, 1981). Revival architecture In a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park, An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. in the early post -World War 11 years, Floral Park continued its development as numerous smaller, single-family houses were built, Continuing in the Floral Park tradition, they were mostly revival In style. In the 1960s, low, horizontal Ranch Style houses completed the growth of Floral Perk. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens, The Bolton House qualities for listing in the Santa Ana Register of Historical Properties under Criterion 3 because it embodies the distinctive characteristics of the Ranch style. Typical features of the Ranch style of architecture Include the building's wide horizontal massing, large picture windows designed to bring the outdoors "Into" the living space, and nature materials used in cladding, Additionally; the house has been categorized as "Key" because it possesses "distinctive architectural style and quality." Character - defining extorter features of the Bolton House that should be preserved include, but may not be limited to, materials and finishes (stucco and wood roofing); cross gabled roof configuration and open rafter falls; oversized picture windows, and architectural details such as the brick chimney and porte- cochere. APR 523L Page 4 of 5 25D -102 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET *Recorded by B12. References (continued): Primary HRI # Trinomial or # (Assigned by recorder) Bolton House "Date July 16, 2015 ® Continuation 0 Update Harris, Cyril M. American Architecture An Illustrated Encyclopedia. New Yerk WW Norton, 1998, Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994, McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept of the Interior, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources." Sacramento: March 1995. Pleasants, Mrs. J. E. History of Cranes County California, volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. Whiffen, Marcus. American Architecture Since 178U. Cambridge: MIT Press, 1969. 'Alison Honer Dies at 84, "The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies, "Orange County Register, September 15, 1981. 'History of Floral Park." httn:lAyww .floral- cark.com /oage2.html. Santa Ana and Orange County Directories, 1937 -1976. Page 5 of 5 DPR 523L 2501-103 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 07/23/15 RESOLUTION NO. 2015 -XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015 -06 TO PLACE THE PROPERTY LOCATED AT 2126 NORTH HELIOTROPE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2015 -06 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On July 23, 2015, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2015 -06) and categorization (Historic Resources Commission Categorization No. 2015- 06) of the Bolton House, located at 2126 North Heliotrope Drive, Santa Ana. B. The Bolton House has distinctive architectural features of the Ranch style with horizontal massing, full length porch, and ports cochere, and was built in 1953 for Oral Leslie and Opal Bolton. Oral was a realtor and was well established in the community, participated in local elections and won a silver cup at a Realtors' golf tournament at the Santa Arta Country Club. C. This home qualifies for Iisting on the Santa Ana Register of Historical Properties and is eligible for categorization as Key because it possesses "distinctive architectural style and quality ". D. Character- defining features of the Bolton House that should be preserved include, but may not be limited to, materials and finishes (stucco and wood roofing), cross gabled roof configuration and open rafter tails, oversized picture windows, brick chimney and porte- cochere. E. The legal owners of the subject property is Judi Bailey, trustee of the Judi Bailey Trust. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Resolution No. 2015 -XX 25D -104 Page 1 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 G. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30 -2 of the Santa Ana Municipal Code. H. The subject property meets the minimal standards for placement in the Key category pursuant to Section 30- 2.2(2) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015 -64 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2015 -06 to place the Bolton House, located at 2126 North Heliotrope Drive, Santa Ana, on the historical register, and B. Historic Register Categorization No. 2015 -06 placing the Bolton House, located at 2126 North Heliotrope Drive, Santa Ana, within the Key category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the staff report and exhibits attached thereto; the report entitled "Historical Property Description ;" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description," is on file in the Planning and Building Agency, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties, Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this day of 2015. Resolution No. 2015 -XX 25D -105 Page 2 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 Alberta Christy Vice Chairperson APPROVER AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Lisa E. Storck Assistant City Attorney AYES: Commission members NOES: Commission mem ABSTAIN: Commission NOT PRESENT: Commission membe CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on Date: Commission Secretary City of Santa Ana Resolution No, 2015 -XX 25D -106 Page 3 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION APN Address Owner Names Legal Description 002 - 082 -39 2126 North Heliotrope Drive Judi Bailey N TR 1035 BLK A LOT 31 TR 1035 LOT 31 BLK A(LOT Exhibit A Resolution No. 2015 -XX Page 4 of 4 2501-107 25D -108 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE; EMPLOYEE GROUP INSURANCE RENEWALS (STRATEGIC PLAN NO. 7,6) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements for the renewal of long term disability, medical, dental, vision, employee assistance, employee group life and accidental death and dismemberment insurance, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City's employee group benefit policies, contracts and agreements are renewed annually on January 1. Currently the City provides life and accidental death & dismemberment (AD &D) coverage and long -term disability (LTD) insurance through Aetna for full -time employees. We are currently in the second year of a two -year rate guarantee for Life, AD &D and LTD rates through December 31, 2016. Life Insurance 25E -1 AInsu aftce Lltetskura c e�. $0.102 per $1000 $0.102 per $1000 0.0% �A`cid�tD��f{ $0.020 per $1000 $0.020 per $1000 0.0% 25E -1 Employee Group Insurance Renewals September 1, 2015 Page 2 Long -Term Disability Group Coverage Current Insurance Insurance Percent Change Employee Rate Renewal Rate 2016 6.6% Management $0.352 per $100 $0.352 per $100 0.0% Employees $8.78 $8.78 0.0% 130 day wait Employees $15.93 $15.93 0.0% 60 day wait Dental Plans The City is currently in the second year of a two -year contract with Delta and MetLife. Delta rates will increase by 6.6 %. However, MetLife has agreed there will be no rate increase. Type of Coverage Delta Current Rate Delta Renewal Rate 2016 Percent Change Employee $48.39 $51.58 6.6% Employee Plus Family $119.17 $127.04 6.6% Type of Coverage MetLife Dental Current Rate MetLife Dental Renewal Rate 2016 Percent Change Employee $26.38 $26.38 0.0% Employee Plus Family $45.09 $45.09 0.0% 25E -2 Employee Group Insurance Renewals September 1, 2015 Page 3 CalPERS Health Program The change in CalPERS basic HMO health plan rates range from a decrease of 14.35% for Anthem HMO Traditional to an increase of 18.76% for Blue Shield NetValue HMO. The average increase for all HMO health plans will be 4.5% and the average increase for all basic PPO health plans will be 11.34 %. The City will incur a 9.33% increase in costs for employees enrolled in the CalPERS medical plans. The City contribution for SEIU and POA are still being negotiated. The employees will be responsible for any increase in cost above the City contribution. Plan Employee Only Employee & one Dependent Employee & two or more Dependents Percent Chan e (+/-) Anthem HMO Select $634.75 $1269.50 $1650.50 -2.94% Anthem HMO Traditional $710.79 $1412.56 $1848.05 -4.35% Blue Shield Access+ HMO $654.87 $1309.74 $1702.66 9.39% Blue Shield NetValue HMO $666.35 $1332.70 $1732.51 18.76% Health Net Salud y Mas HMO $535.98 $1071.96 $1393.55 2.96% Health Net SmartCare HMO $596.98 $1193.96 $1552.15 2.95% Kaiser HMO $605.05 $1210.10 $1573.13 4.35% Sharp HMO $561.34 $1122.68 $1459.48 -0.57% United Healthcare HMO $493.99 $987.98 $1284.37 10.00% PERSCare PPO $761.50 $1523.00 $1979.90 15.85% PERSChoice PPO $683.71 $1367.42 $1777.65 15.03% PERSSelect PPO $625.20 $1250.40 $1625.52 6.77% PORAC safety members $675.00 $1292.00 $1642.00 7.70% 25E -3 Employee Group Insurance Renewals September 1, 2015 Page 4 Employee Assistance Program — REACH Employee /Associate Assistance The Employee Assistance Program assists employees and their eligible dependents in handling problems that may be interfering with their performance on the job. Consultation for problems such as alcohol and drug abuse, legal, marital and family problems are available. REACH currently provides services under this program. Full time and Part time employees are eligible to participate in the Employee Assistance Program. We are currently in the second year of a three -year rate guarantee through December 31, 2017. Retirees are not included in the annual cost estimates. The Police Officers Association maintains their own insurance programs for medical, dental and LTD coverage. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal Seven, Team Santa Ana, Objective #6 (Provide a positive workplace environment that supports the health of its employees and celebrates its successes. 25E -4 Current Rate based on Insurance Renewal Type of Coverage 1460 employees Rate 2016 based on Percent Change 1460 employees Full Time Employee $1.85 /employee $1.85 /employee 0.0% (970 full time) (970 full time) Part Time Employee $1.25 /employee $1.25 /employee 0.0% (490 part time) (490 part time) Retirees are not included in the annual cost estimates. The Police Officers Association maintains their own insurance programs for medical, dental and LTD coverage. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal Seven, Team Santa Ana, Objective #6 (Provide a positive workplace environment that supports the health of its employees and celebrates its successes. 25E -4 Employee Group Insurance Renewals September 1, 2015 Page 5 FISCAL IMPACT The annual cost of each plan may vary depending on changes in the number of employees enrolled during the year. The projected annual costs are calculated using current enrollment as of July 2015 for City provided insurance and 522 budgeted positions for POA insurance coverage. Aetna Life` POA LTD Insurance POA Dental POA Medical REACH (EAP Provider)* Total Annual Cost Coverage for POA (Sworn and Non - Sworn) CY 2015 $ 14,640 $ 396,000 $ 540,000 $ 7,074,000 $ 11,100 $ 8,035,740 CY 2016 $ 14,962 $ 404,712 $ 551,880 $ 7,495,848 $ 11,100 $ 8,478,502 Difference $ 322 $ 8,712 $ 11,880 $ 421,848 $ 0 $ 442,762 Coverage for SEIU, CASA, SAMA, EM, PMA & PTCS (City Administers) CY 2015 CY 2016 Difference Aetna Life /LTD Insurance* $ 115,788 $ 126,250 $ 10,462 Dental Carriers* $ 350,904 $ 404,677 $ 53,773 CalPERS Medical* $ 6,029,148 $ 7,035,566 $1,006,418 REACH (EAP Provider)* $ 17,784 $ 17,784 $ 0 Total Annual Cost $ 6,513,624 $ 7,584,277 $1,070,653 *City administered insurance Funds in the amount of $7,075,012 are budgeted and available in the Personnel Services Employee Benefits account (account no. 08109053 - 64010) to pay for City administered insurance coverage *. Funds in the amount of $8,452,440 are budgeted and available in the Employee Benefits account (account no. 08109053- 64010) to pay for the insurance coverage administered by the POA. The total budgeted amount of $15,527,452 is available in Fiscal Year 2015 -2016. The balance will be budgeted in Fiscal Year 2016 -2017. E and S. aya Executive Director Personnel Services APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency v 25E -5 25E -6 Exhibit "A" 25E -7 AMENDMENT NO. 10 TO AGREEMENT RENEWAL GROUP #00599 REVISED AGREEMENT dated January 1, 2005, as amended, between CITY OF SANTA ANA and DELTA DENTAL OF CALIFORNIA "Delta Dental," is hereby further amended, effective January 1, 2016, as follows: Paragraph 1.4 is amended to read: 1.4 "Contract Term" means the period beginning on January 1, 2016, and ending on December 31, 2016 and each subsequent yearly period during which this Contract remains in effect. Paragraph 3.1 is amended to read: 3.1 Within ten days after receipt of Delta Dental's Invoice, Contractholder agrees to pay the following monthly, billed Premiums to Delta Dental, at the address shown on the first page of this Contract, for all of Contra ctholder's Primary Enrollees and their Dependents who are "Enrollees" as set forth in Article2 of this Contract: $51.58 for each Primary Enrollee without enrolled Dependents; and $127.04 for each Primary Enrollee with one or more enrolled Dependents. Delta Dental shall use the plus stabilization existing as of December 31, 2015 to subsidize the total monthly Premium in the following amounts: $3.91 for each Primary Enrollee without enrolled Dependents; and $9.62 for each Primary Enrollee with one or more enrolled Dependents. The Contractholder is required to pay only the billed, monthly Premiums shown above. The total monthly Premium, including billed and subsidized monthly Premiums, is: $55.49 for each Primary Enrollee without enrolled Dependents; and $136.66 for each Primary Enrollee with one or more enrolled Dependents. Contractholder agrees to pay the invoiced amount. Eligibility adjustments reported to Delta Dental after the date the invoice Is prepared will be reflected on the subsequent month's invoice. Such adjustments are limited to the three -month period prior to the most current month for which the Contractholder provides eligibility data. Contractholder agrees to bear the cost 70% of such Premiums without withholding or otherwise charging Primary Enrollees for their coverage. Primary Enrollees agree to bear the remaining 30% of the cost of coverage for themselves and the entire cost of coverage for their enrolled Dependents. 25E -8 Paragraph 9.2 is amended to read 9.2 If Delta Dental terminates this Contract under paragraph 9.1 (a), all Benefits end and Delta Dental is released from all further obligations of this Contract, effective the last day of the month in which written notice of termination is given. The Contractholder will remain liable to Delta Dental for the greater of; (1) the unpaid Premiums applicable for the period this Contract was In effect before termination; or (2) the full amount of all Dentist's statements paid or otherwise discharged by Delta Dental during the full term of this Contract, plus 15.60% of such amount (to compensate Delta Dental for Its administration of the dental plan), less amounts actually paid by the Contractholder to Delta Dental during the term of such Contract. CITY OF SANTA ANA DELTA DENTAL GROUP #00599 Date Amendment Signed By: Signature Printed Name Title DATE: August 6, 2015 DELTA DENTAL OF CALIFORNIA Belinda Martinez Senior Vice President Sales /Marketing Kevin Jackson Group Vice President Underwriting &Actuarial APPROVED AS(TTO FORM Laura A. Rossini Senior Assistant City Attorney 25E -9 Exhibit `B" 25E -10 June 1, 2015 Dick Cook 014 Hibiscus Way Placentia, CA 92870 Re: City of Santa Ana #142337 Renewal — 111118 Dear Dick Cook, Mett.ife appreciates the opportunity to be a part of your benefit program. This letter confirms your renewal for the 2016 plan year. In determining the rates for the coming plan year, we have evaluated your plan experience, taking into account the credibility of the experience and the demographics of your group. Our objective in the renewal process is to identify rates that will maintain the overall financial stability of your benefit program. We have set the following rates for the coming year: Coverage Current Ranewai e in • Em to ee onl Rate Fee RatelPee ee =R • Em to ee + Pamil $45.98 DHMO • Em to ee onl $26.89 $26.88 +6.0 °f° • Em to ee + Pamil $45.98 The Patient Pmtecl` on and Affordable Care Act ( `PPACA") indude!s a health ;rlsttaance industry flee 9enpaseci aos ad health insuram, including dental and vlsican insarers. As with the, prior year, tills Pea is included in ttae dantai and /m Vision ragas above. The rates shown above assume your existing plan design, contribution structure and group demographics remain the same. Please do not hesitate to contact me at 949 -471 -2310 if I may answer any questions or assist in any way. Once again, thank you for the privilege you have extended to us, You are the reason we are in business, We look forward to continuing our relationship in the months and years ahead. Sincerely, Nick Sala Account Executive Pecluest to Notify Alaska f+e5idertts of Impending Covtrage and /or Premium Chaanooe Uod r Ala ka Sfat- to 2 L36 225 covered hrJN 1uais r' ,.piny u 1 asr<a nlu t nP ,oGred e),' inn endieg <ovP rya 3r;QWr prenvun� -rstnosos, as aGpkcnble If you - 6ve I a ti in Ala ca a y c i r e tmler MM ` D sa d l.r Drr t'nl, fi , n ai Aui dF t tai Dmth 3( (. I)iy . P!!TY.k t ; ;lGlit;° , e das 'hdC a wv -de r nn,r n•rf I r it .", t> ,aavf rn ae1 nrL . ^vP (b:' 2riPt.ive .. ate 0,`I %t . nG+ndf, R,offvL q t=;tem C `l .h..r'r"ie if ;r ai' (M!U t I ➢7Y -har%t Una: refi,Lo t .i+..alP- HIE II R� d'i, B ^21_i;rld nonce nlla,t .P provided _t ne TIM he.' ",mot.:, cP ,r < ..JVc ..,1_ .,r r d,— chanyr -i ✓m vv ,Pd ,r, , r i r. n5nr Ct 1';r '111"1 'Our "9e r e t ✓Ico' r'a(it. 25E -11 Exhibit "C" 25E -12 Page 1 of 1 Ca1PERS 2016 Health Premiums - Regional Contracting Agencies - PPOs Only June PHB+C Proposed Premiums 25E -13 2015 "Francisco, 2016 Percent Change Single 2 -Party le 2 -Party Family ( +l•) Alameda, Amador, Contra Costa, Mario, Napa, Nevada, Saquin, San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma Sutter, and Yuba PER$Choice 1 1,401.68 1,822.18 798.36 1,596.72 13.91% PERS Select *775,08 1,380.86 1,795.12 730.07 460.14 5.74% PERSCare 1,650.16 2,015.21 889.27 1,778.54 14.73% a2,312.10 a El Dorado Placer, Sacramento and Yolo PERS Choice 679.261 1,358.52 1,766.08 727.58 11455.16 1,891.71 7,11% PERS Select 669.16 1,338.32 1,739.82 665.35 1,330.70 1,729.91 - 0.57% PERSCare 751.21 1 502.42 1 953.16 810.40 620.80 2107.04 7.88% a mmxmmm aLo s Angeles, San Bernardino, and Ventura PERS Choice I 585A8 1,170.361 1,521.47 59$.75 1,197.50 1,556.75 2.32% PERS Select 576.49 1,152.98 1;498,87 547.55 1,095.10 1,423.63 - 5.02% PERSCare 647,11 1,294.221 1,682,49 666.911 1,333.821 1,733.971 3.06% � 0 0 Fresno, Imperial, Inyo, Kern, Kings, Madera, Riverside, Orange, San Diego, San Luis Obispo, Santa Barbara, and Tulare PERS Choice 594.40 1,188.80 1,545.44 6II171 1,367.42 1,777.65 15:03% PERS Select 585.58 1,171.16 1,522.51 625.20 1,250.40 1,625.52. 6.77% PERSCare 657.32 1,314.64 1,709.03 761.50 1,523:00 1,979.90 15.$5 °I° Alpine, $unto, Calaveras. Ca4rsa , ei Norte, Glonn, Humboidt, Sake. Lassen, Mariposa, ,Mendocino rvlemed, .Modoc, \•tww, Monterey, Piwnae. 51n Benito, 5naeta, Sierra, 5iskiyou. fltanislaus, Tehama. Trinity. and Tuolumne Anthem EPO Del Norte 656.08 1,312.161 1,705.81 795.57 1,591.14 2,068.48 21.261/6 Anthem EPO Monterey 656.08 1,312.16 1,705.81 795.57 1,591.14 2,068,48 21.26% PERS Choice 656.08 1,312.16 1,705.81 795.57 1,591.14 2,068.48 21.26% PIERS Select 646.35 1,292.70 1,680.51 727,47 1,454.94 1,891.42 12.55% PERSCare 725.54 1,451.08 1,886.40 886.15 1,772.30 2,303.99 22.14% PERS Choice I- m 1 y 653.581 1,307.16 1,699.31 625.31 1,250.62 1,625.81 - 4.33% PERSCare 722.74 1,445.46 1,879.12 696,49 1,392.98 1,810.87 - 3.63% 2015 Single I 2 -Party Family 2016 Percent Change Single 2-Party Family Medicare Premium Rates -All Re ions "PERSCarel 339,47 678,94 1,018..41 366.38 732.76 1,099.14 7.93% 339.47 678.94 1,018.41 366.38 732,76 1,099.14 7.93% 368.761 737.52 281 408.041 816.08 1 1,224.121 10.65% , 25E -13 Page 2 of 3 CalPERS 2016 Health Premiums - Regional Contracting Agencies - HMOs Only June PHBC Final Proposed Premiums - Alternative 1 2015 2016 Percent Single 2 -Party Family Single I 2 -Party Family Change q Alameda, Amador, Contra Costa, Marin, Napa, Nevada, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Soigne, Sonoma Sutter, and Yuba Anthem HMO Select $662.411 $1,324.82 $1.722.271 $721.79 $1,443.58 $1,876.65 8.96% Anthem HMO Traditional 82T571 1,655.14 2,151.681 855.42 1,710.84 2,224.09 3.37% Blue Shield Access+ 928.871 1,857.74 2,415.06 1,016.18 2,032.36 2,642.07 9.40% Blue Shield NetValue 870,601 1,741.20 2,263.66 1,033.86 2,067.72 2,688.04 18.75% Health NotSmartCare'j 808.44 1,616.88 2,101.94 Kaiser CA 714,45 1,428.90 1,857.57 746.47 1,492.94 1,940.82 4.48% United Healthcare 850.67 r EI Dorado 1,701.34 2,211.74 Placer, Sacramento 955.44 1,910.88 2,484.14 12.32% and Yolo Anthem HMO Select $811.14 $1,622,28 $2,108.96 $902.07 $1,804.14 $2,345.38 11.21% Anthem HMO Traditional 940.16 1,880.32 2,44442 1,112.54 2,225.08 2,892.60 18.34% Blue Shield Access+ 809.22 1,618.44 2,103.97 885.33 1,770.66 2,301.86 9.41% Blue Shield NetValue 758.45 1,516.90 1,971.97 900.73 1,801,46 2,341.90 18.760/. Health Not SmartCare') 747.55 1,495.10 1,943.63 Kaiser CA 660.96 1,321,92 1,718.50 695.11 1,390.22 1,807.29 5.17% United Healthcare 623.45 1,246,90 1,620.97 686,36 1,372.72 11784.54 10.090% a 9 Los Angeles, San Bernardino, and Ventura Anthem HMO Select $493.40 $986.80 $1,282.841 $543.47 $1,086.941 $1,413.02 10.15% Anthem HMO Traditional 631.62 1,263.24 1,642.21 610.64 1,221.28 1,587.66 - 3.32% Blue Shield Access+ 517.87 1,035.74 1,346,46 566.53 1,133.06 1,472.98 9.40% Blue Shield NetValue 485.41 970.82 1,262.07 576.46 1,152.92 1,498.80 18.76% Health Net Salud y Mas 430.71 861.42 1,119.85 466.11 932.22 1,211,89 8.22% Health Net SmartCare 568.47 1,136.94 1,478.02 585.39 1,170.78 1,522.01 2.98% Kaiser CA 521.18 1,042.36 1,355.07 54183 1,087.66 1,413.96 4.35% United Healthcare 458.74 917.48 1,192.72 492.24 984.48 1,279.82 7.30% a a Fresno, Imperial, Inyo, Kern, Kings, Madera, Riverside, Orange, San Diego, San Luis Obispo, Santa Barbara, and Tulare Anthem HMO Select $653.97 $1.307,941 $1,700.32 $634.75 $1,269.50 $1,650.35 -2.94% Anthem HMO Traditional 743.12 1,486.24 1,932.11 710.79 1,421.58 1,848.05 4.357/. Blue Shield Access+ 598.66 1,197.32 1,556.52 654.87 1,309.74 1,702.66 9.39% Blue Shield NetValue 561.09 1,122.18 1,458.83 666.35 1,332.70 1,732,51 18.76% Health Net Salud y M6s 520.59 1,041.18 1,353,53 535.98 1,071.96 1,393,55 2.96% Health Not SmartCare 579.88 1,159.76 1,507.69 596.98 1,193.96 1,552.15 195% Kaiser CA 579.80 1,159.60 1,507.48 605.05 1,210,10 1,573.13 4.35% Sharp 564.57 1,129.14 1,467.88 561.34 1,122.68 1,459.48 -0.57% UnitedHealthcare 449.101 898,201 1.167.661 493,991 98T981 1,284.371 10.00% a/ New health plan option for 2016 b/ Medicare heaithplan is not available for 2016 under the Single Carrier Proposal 25E -14 Page 3 of 3 Ca1PERS 2016 Health Premiums - Regional Contracting Agencies - HMOs Only June PHBC Final Proposed Premiums - Alternative 1 2015 2016 Percent Single 2 -Party Family Single I 2 -Party Family change ( +l -) A pure. BuE[a. Calaveras. (,ni r. a. qel No+ ., o,erm, uw ,�boldt, Law. Las 5qo, Mar >osa. MenJ>C .r,,, M .r;..d, hiodoc. �Lhno. hioatarey, Plww s. San Benito. Shasta. Sierra, Ssktyou. SPaNSiaus. "shams, Tnmt and Tuniurn.ne Anthem HMO Select $728.65 $1,457.30 $1,894.49 $839,10 $2,181,66 15.16% Anthem HMO Traditional 838.48 1,676.96 2,180,05 964.91 2,508.77 15.08% Blue Shield Access+ 804.34 1,608.68 2,091.28 879.96 2,287,90 9.40 %Blue ShieldNetValue 753.82 1,507.64 1,959.93 895.17 L1,759.92 2,327.44 18.75% Kaiser CA 716.98 1,433.96 1,864.15 755.27 1,963.70 5.34% UnitedHealthcare 677.35 1,354.70 1,761,11 794,80 2,066.48 17.34% Kaiser /Out of State $922.78 $1,845.56 9 $2,399.23 $930.291 $1,860.56 $2,418.761 0.81% 2015 2016 Percent ' Single I 2 -Party I Family Single 2 -Party 7Famljy Change ( +l -) Medicare Premium Rates - All Re ions Anthem Blue Crose $445.38 $890.76 $1,336.14 Blue Shield"' 352.63 705.26 1,057.89 Health Not b/ 27685 553.70 830.55 Kaiser CA 295.51 591.02 886.53 297.23 594.46 891.69 0.58% Kaiser Out of State 390.47 780.94 1,171.41: 297.23 594.46 891,69 - 23.88% Shar br 327.66 655.32 982.98 UnitedHealthcare 267.41 534.82 802.23 320.98 641.96 962,94 a/ New health plan option for 2016 b/ Medicare healthplan is not available for 2016 under the Single Carrier Proposal 25E -15 Exhibit "D" 25E -16 A- 2014. 176.01 REACH EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT h This Employee Assistance Program Services Agreement is made and entered into as of January 1, 2015, between REACH Employee Assistance, Inc. (hereinafter referred to as "REACH "), a ' California corporation, and the City of Santa Ana, a charter city and Municipal Corporation y organized and existing under the Constitution and laws of the State of California (hereafter i referred to as "City ",) Whereas REACH is engaged in the Employee Assistance Program Services business and desires 6 to service City; and UWhereas City desires to obtain the Employee Assistance Program Services of REACH. It is therefore agreed as follows: This is a contract for service outlining the duties and responsibilities of REACH Employee Assistance, Inc,, to the City of Santa Ana. 1. Below are listed the Scope of Services provided by the REACH: 1. AssessmentiCounse imr/Referral for p,mnlovees and Denendents A total assessment will be administered for a well - rounded analysis of the client's problem. il} Employees and immediate family members are entitled to up to three (3) sessions per incident every six (6) months. REACII provides professional assessment/courrseling to the tsi °a u` point of referring the client to an outside counseling professional or agency. In addition, REACH provides follow-tip consultation. The number of sessions offered, within this limit, will be at the sole discretion of the REACH counseling staff. mns^c The City will be assigned a REACH liaison poison. REACH provides duality, experienced counselors knowledgeable in assessment shills to provide personal counseling to employees and immediate family members. REACH also provides qualified and experienced staff to assist management on all aspects of Employee Assistance Program. Dr Marcus Dayhoff is administratively, operationally and clinically responsible for REACH. A. Confidentiality, and Release of Information As a general rule REACH shall not disclose to the City the identity of City employees or immediate family members of City employees who elect to participate in the REACH Program offered imder this Agreement. Exceptions - Notwithstanding the above, REACH shall release to the City In writing the following information on employees who have been referred into the REACH Program as a condition of employment with the City: A) Whether employee has agreed to participate in the Assistance Program. 25E -17 B) List of all appointments of employee kept and missed, together with reason, if any, for missing the appointment, C) Subnussion of the employee's anticipated treatment plan as a participant in the Program, This plan shall consist of the following: 1) The anticipated number of visits, appointments, or sessions requested of the employee. 2) The type of therapeutic procedures in general terms that the employee is to receive during the employee's participation with the REACH Program or the treatment provider(s), 3) Description of the treatment service provider the employee is referred to by REACH. 4) Any other information not contained in the employee's treatment service provider medical record deemed appropriate by the City to evaluate the employee's participation in the Assistance Program. D) Any conclusion or opinion of REACH or employee's treatment service provider that the employee is limited or restricted in his/her ability to perform the employee's job duties, such limitation may be, but not necessary, limited to physical, psychological., or medical reasons. E) Any conclusion or opinion of REACH or employee's treatment service provider that employee's participation may necessitate employee's absence from the City. F) That employee has failed, refused, or otherwise has discontinued to proceed with the REACH Program or any treatment service provider. G) Report consisting of the following: 1) Diagnosis 2) Sunrmay of treatment or therapeutic procedures 3) Disabilities, limitations, or restrictions of employee 4) Recommendation on firrther treatment, The above information shall be considered confidential information not subject to disclosure by REACH unless the City employee has on file with REACH and any treatment service provider in the REACH Program an irrevocable authorization(s), RELEASE OF INFORMATION to the City. On receipt of the City's request for the above information, REACH shall notify in writing, the City employee of the City's request. NOTE: The City agrees that in cases where an employee agrees to be referred by management to REACH, the Supervisor will seek written permission from the employee to inform REACH of the circumstances leading up to the referral, The City agrees to in no way insist or demand confidential information from the REACH program on specific individuals who do not want their information released to the City. 25E -18 Service Providers: Exceptions will also be made in cases when the employee and /or immediate family members sign a written release authorizing the release of information by REACH to one or more agreed upon service providers. 2. Definitions a. "Client" shall mean an employee or his/her immediate family member participating in the REACH EAP program. b. "Treatment Service Providers" or "Service Providers" shall mean an outside cotunseling professional or agency, referred by REACH, whose services will be paid by the client. 3. Cognseting Hours REACH provides counseling hours from 8:00 a.m, to 8:00 p.m. Monday through Thursday, Friday 8 :00 to 5:00 p.m. and will respond appropriately and effectively to employee needs. Every attempt will be made to see management referrals and employees in crisis as early as possible to the time of calland no later than 24 hours (during business hours) of the call being made. All other clients will be seen within 48 hours of the call being made. The City agrees to provide REACH with names and telephone numbers of liaison individual(s) at the City who can be contacted in cases of emergencies and .keep REACH appraised of changes in contacts and telephone numbers. 4. 24 -Hour Availability. 7 days a week REACH provides confidential intake and psycho- social assessment and counseling to the point of referral to employees aid their immediate family members with a 24 hour telephone service. REACH assures that no calls go unanswered and that all crisis callers receive courteous and prompt service, During non - business hours, all calls answered by the REACH answering service will be connected to the on -call counselor. The REACHline number is 1- 800 - 273 -5273. 5, Location Employees and family members will have a choice of counseling either at one of our several conveniently located offices or at one of our service provider's office. 6. Referral Network When necessary, REACH will refer employees and dependents to appropriate, cost effective, geographically convenient and high quality services provided by individuals and agencies which have been screened by our staff. 7. MonitorinrOollow -up REACH will monitor and follow -up as long as appropriate all people referred by the REACH program to outside individuals and community resources to assure the problem is resolved and 25E -19 that the person is satisfied with the quality of referrals, In cases of management referrals, REACH will also follow -up regularly with the City on status ofjob performance. Service Utilization Reports REACH will provide quarterly confidential reports on service utilization, aggregate client profiles, assessed problems and outcome at case closure. Customer satisfaction reports will be available upon request by the City. 9. Benefits The City agrees to provide REACH with copies of all the City employee benefit plans and appraise REACH of all changes as they occur. to. Avoiding Conflict of Interest REACH agrees to avoid conflict of interest by providing up to three (3) referrals to clients based on competency, geography and the most cost effective modality to deal with the client's problem(s). No referrals will be made to the private practices of REACH counseling staff members or to any private practitioner and /or agency with whom a REACIi counselor has an economic relationship. Only the City can make exceptions to this rule. 11. Alcoholism and Chemical Dependency Intervention Selvices REACH provides job related alcoholism and chemical dependency intervention services as required, 12. Policy and Procedure The City agrees to consider implementing a policy and procedure statement on employee assistance when appropriate, REACH will provide technical assistance to the City staff in writing a policy and procedure statement on employee assistance, 13. Trainine REACH wall. provide Management and Supervisory training sessions annually. It is recomrnended that no more than 25 managers /supervisors attend each session, The purpose of these training sessions is to make managers acrd supervisors aware of City employee assistance program policy and procedures, of how to identify poor job performance as it relates to personal problems and to familiarize them with the processes of referrals and follow -up. The effectiveness of each training session will be evaluated. 14. Management Guidelines REACH supplies on request Management and Supervisor Employee Assistance Program guidelines for inclusion in City personnel management guidelines. 25E -20 15. Manager /Suge►visor Consultation and Assistance REACH will assist managers and supervisors calling REACHline for consultation on how to deal witlr specific employee incidents or problems, which may require EAP intervention. The City agrees to encourage managers and supervisors to take advantage of this consultation service. 16. Program Promotion The City agrees to support REACH in developing a yearly EAP program promotion plan. a. EAP orientation classes for employees in groups of up to 50 will be available to the City as a means of introducing City EAP policy and procedures and utilization of REACH services. b. "Munch & Learn" presentations will be conducted periodically upon request by the City, at City locations to maximize utilization of REACH services, C. REACH brochure & REACHline cards will be supplied to the City for distribution to all employees. I REACH Frontline will be electronically supplied to the City quarterly for distribution to all supervisors, e. REACHIine.com will be available for online use to all employees and family members. Employees will be supplied a password as mentioned on REACH employee brochure for online secure area access. E RE, ACHItne Posters will be supplied from time to time to the City for posting on official staff bulletin boards, g. Originals of promotional materials for inclusion as short articles in intenutl staff newsletter or as check staffers will be supplied upon request by the City. h. REACH staff will participate at the City's employee benefit fair upon request. L REACH will assist with drafting of any EAP related materials to announce REACH services to employees. 17. Ouality REACH conducts ongoing quality assurance audits on all aspects of the program from inception to end of the contract year, REACH will supply the City with quarterly reports. II. THE CITY OF SANTA ANA REALIZES AND UNDERSTANDS 25E -21 1. Top management support and commitment is essential to the success of the REACH Employee Assistance Prograni at the City of Santa Ana, 2. REACH is a totally confidential program. The City will only be aware of employees referred officially by management and information about that employee will not be released without written consent of the employee. 3. REACH will not, in all cases, be able to resolve the employee's or dependent's problem(s) in the set number of cotmseling sessions, In such cases the employee or family member will be referred to quality, cost effective resources available within the community. 4. Employees and dependents will not be charged for the services provided by REACH. If referrals are necessary, those referrals may result in additional cost to the City's benefit plan and may result in added costs to the employee or family member. 5. The REACH program is made available to all full- and part -time employees and their dependents. The REACH benefit starts on the first day of employment. 6. It is anticipated that the yearly employee utilization rate will be a minimum of 6 -8 %. The REACH promotional program will airn at achieving at least this utilization rate. III. TERMS AND CONDITIONS 1. The .Agreement period will extend from January 1, 2015 to December 31, 2017. 2. The total cost to the City for the services to be provided to the City and its employees by REACH under this Agreement shall be 81.85 per full time employee /month, and $1,25 per part time employee /month. While the number of persons employed by the City may fluctuate from time to time during the team of this Agreement, the City agrees the amount of compensation payable to REACH during the term of the Agreement shall be based on the number of persons employed by the City at the beginning of the month invoiced for. The beginning employee count will be 970 F/T and 490 P/T, 3. The City will be invoiced on the first of each month for that month's installment. Chocks will be made payable to REACII Employee Assistance, Inc. and mailed to 650 N. Rose Drive, #350, Placentia, CA 92870 - Alto.: Accounts Receivable. 4. The City will make payment within 30 days from the date of the receipt of the invoice from REACH Employee Assistance, Inc. 5. The City or REACH has the right to cancel this contract at any time without cause by giving 60 days written notice to that effect. 6. REACH Employee Assistance, Inc. agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents and representatives, from any and all claims, demands, purported 25E -22 liability, or consequential damages of any kind or nature arising out of or in connection with REACH's acts or omissions in carrying out the terms of this Agreement or exercising the rights herein granted; excepting those claims, demands, purported liability, or consequential damages which arise out of the sole negligence of City. REACH agrees to maintain during the course of this Agreement the following Insurance coverage: a) Comprehensive general liability insurance coverage, including personal injury and contractual liability coverage, in an amount equal to One Million Dollars ($1,000,000.00) per occurrence, combined single limit; b) Worker's Compensation insurance as required by State of California statutes; C) Professional liability insurance with a One Million Dollar ($1,000,000.00) limit, per occurrence. REACH agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement. Also, the City of Santa Ana, its officers, agents and employees will be named as additional insured on the above referred comprehensive general liability coverage and REACH will provide an endorsement to that effect. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. Such insurance will be evidenced by certificate and issued by companies licensed to do business in California and acceptable to the City. Before REACH performs any work, it will furnish certificates of Insurance and endorsements, as required by City, evidencing the aforementioned general liability, and professional liability insurance coverages on forms acceptable to the City which shall provide that the insurance in force not be canceled or modified without 30 days prior written notice to the City. 8. NO ASSIGNMENT. REACH shall not assign or transfer this Agreement or any rights hereunder without the prior written consent of the City and approval by the City's City Attorney, which may be withheld in the City's solo discretion. Any unauthorized assigned or transfer shall be null and void and shall constitute a material breach by REACH of its obligations under this Agreement. No assignment shall release the original parties or otherwise constitute a notation, 9. COMPLIANCE WITH LAWS. REACH shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 10. ATTORNEY FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to the relief to which such party may be entitled. 11. INTERPRETATION. 25E -23 (a) Applicable Law. This Agreement, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California, with venue in Orange County. (b) Entire Agreement. This Agreement, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). To the extent there is any conflict or inconsistency between the terms acrd provisions of this Agreement and the exhibits attached hereto, the terms and provisions of this Agreement shall govern the rights and obligations the parties hereto. (c) Written Amendment. This Agreement may only be changed by written amendment signed by REACH and the City Manager of the City or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect. (d) Severability. If any provisions of this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement. (e) Order of Precedence, in case of conflict between the terms of this Agreement and the terms contained in any document attached as an exhibit or otherwise incorporated by reference, the terms of this Agreement shall strictly prevail. (f) C,uoice of lrorum. The parties hereby agree that this Agreement is to be executed in accordance with the applicable laws of the State of California, is entered into and is to be performed in the City of Santa Ana and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the City of Santa Ana at a place to be determined by the ruffles of the forum. 12, TIME OF ESSENCE. Time is strictly of the essence of this Agreement and each and every covenant, term and provision hereof. 1.3. AUTHORITY OF REACH. REACH hereby represents and warrants to the City that REACH has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized. 14. INSURANCE+. REACH shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth in the Agreement to which this Addendum is attached for the duration of the Agreement, including any extensions hereto. The policies shall state that they afford primary coverage. Failure to maintain. required insurance at all times shall constitute a default and material breach. In such event, REACH shall immediately notify City and cease all 25E -24 performance rmder this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at, its option: (a) procure insurance with collection rights for premiums, attomey's fees and costs against REACH by way of set -off or recoupment from the sums due REACH, at City's option; (b) immediately terminate this Agreement; or (c) self insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from REACH, by way of set -off or recoupment from any sums due REACH, 15. NOTICES. Any notice or demand to be given by one party to the other shall be given in writing and by personal delivery or prepaid first - class, registered or certified mail, addressed as follows. Notice simply to the City of Santa Ana or any other City department is not adequate notice. To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 Copies to: Executive Director of the Personnel Services Agency City of Santa Ana 20 Civic Center Plaza (M -24) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6930 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714.647 -6515 If to REACH: REACH Employee Assistance, Inc. 101 East Lincoln Avenue, Suite 230 Anaheim, CA 92805 Attn.: Dr, Marcus Dayhoff Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party, 16. TERMINATION FOR CONVENIENCE (Without Cause). The City or REACH may terminate this Agreement in whole or in part at any time, for any cause or without cause, upon sixty (60) calendar days' written notice to the other. If the Agreement is thus terminated by the City for 25E -25 reasons other than REACH's failure to perform its obligations, the City shall pay REACH a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be REACH's exclusive remedy for termination without cause. 17. DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a. default and terminate this Agreement by written notice to the defaulting party, The notice shall specify the basis for the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Agreement, including the payment of money, except for payment of services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 18. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement, REACH agrees as follows: a. REACH shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or mental or physical disability. REACH will ensure that applicants are employed and that employees are treated during employment, without regard to race, color, religion, sex, national origin or mental or physical disability. Such actions shall include, but not limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection training, including apprenticeship. REACH agrees to post in conspicuous places, available to all employees and applicants for employment, a notice setting forth provisions of this non - discrimination clause. b. REACH shall, in all solicitations and advertisements for employees placed by, or on behalf of REACH, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or mental or physical disability. c. REACH shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 10 25E -26 19. CONFLICT. REACH hereby represents, warrants and certifies that no member, officer or employee of REACH is a director, officer or employee of the City, or a member of any of its boards, commissions or committees, except to the extent permitted by law. (Signatures on Following Page) 11 25E -27 IN WITNESS WHERE Or, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Marii D, 14Wzar _ Y~ Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Lisa Storcic Assistant City Attorney RECOMMENDED FOR APPROVAL: Edward Raya, Executive irector Personnel Services Agency CITY OF SANTA ANA DaviTICava7zos City Manager REACH Employee Assistance, Inc. By:�-z. , Marcu Dayhos ff CEO & Clinical Direct r° is 25E -28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: AGREEMENTS FOR TEMPORARY CONSULTING SERVICES FOR INFORMATION TECHNOLOGY (STRATEGIC PLAN NO. 7,2D) CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: /1ZJCZo1vw ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve and authorize the City Manager and Clerk of the Council to execute amendment to the agreements for temporary consulting services for information technology in the amount of $1,700,000, extending the term for six months or until the funds are expended, with an option for an additional six month term under the same terms and conditions including compensation, exercisable by the City Manager, with the following vendors: The Comdyn Group, Inc. SoftMaster, Inc. DISCUSSION The City recently completed an overall Information Technology (IT) assessment that culminated in the development of a City Strategic Plan for Information Technology. The plan identifies changes to the IT organizational structure, investment in the City's IT infrastructure as well as the hiring of a new Chief Technology Information Officer. The individual will have the opportunity to hire key staff and reorganize the new department in accordance with strategic plan objectives. The IT department is currently comprised of 19 full -time positions and 18 contract and part -time staff. The department supports the functions of network, applications, micro -tech support, web development, and telecommunications. On March 4, 2014, the City Council authorized a renewal of IT consulting services. The use of temporary information technology contractors and consultants continues to be an essential approach to the support of City operations. In order to maintain stability in operations while the new Chief Information Officer is recruited, staff recommends securing experienced contract staff that is the current backbone of IT Operations and Applications units for the same amount as in previous contract periods of $1,700,000. Contract technology personnel provide software application development and support; business application and project consulting; telecommunications services; and computer and networking services. The use of these services maximizes the effectiveness of staff resources in the 25F -1 Agreement for Temporary Consulting Services for Information Technology September 1, 2015 Page 2 Information Services Division (ISD). This approach also ensures the timely completion of City information projects and reduces interruptions to the computer infrastructure system. The City adopted the practice of utilizing temporary information technology contractors and consultants as it prepared its computer systems and infrastructure for impact of the Year 2000. During the following years, the use of computer systems and other technologies in support of City operations rapidly expanded throughout all agencies and departments in the City. At the same time the rate of the complexity and innovation of information technology greatly increased while the Iifecycle of technology products and systems decreased. All these pressures created the need for skilled and experienced technology staff faster than the organic technical staff could train or gain know -how. Temporary information technology contractors and consultants served as critical assets to bridge the technology knowledge gap. Temporary information technology contractors and consultants support over 1,750 fulltime, part - time, contract end -users and public visitors; three enterprise client /server- based, and three web - based business systems; the City's wide area network including the connection to the internet; ten department local area networks; 200 servers in two data centers (the City Hall data center and the Santa Ana Police Department data center) with over 100 terabytes of data capacity; and 200 managed network switches / firewalls / routers and over 50 high speed data circuits supporting 39 City operating locations. Software applications developed and /or supported by these contractors include the Financial Enterprise Resource Planning System, Santa Ana Property Information Network (SAPIN), the Business License /Tax System, Municipal Utility System, and several other revenue related systems. The City's Mobility Technology Initiative is being lead, designed, engineered, and implemented by information technology contractors with experience in these leading edge technologies. For the Santa Ana Police Department (SAPD) and Santa Ana Jail (SAJ), contractors support mission - critical systems such as the Computer Aided Dispatch, Jail Management, Arrest and Booking, Inmate Search and Reporting, Case Management, Police Intranet, wireless data communications for 150 patrol vehicles, California Law Enforcement Telecommunication System (CLETS) access, PD and jail e-mail, evidence wireless systems, daily roll -call, and 100 other systems which are critical to the daily operations of the Police and Jail departments. Homeland Security technologies such as the PD Emergency Department Operations Center (DOC), Web based Emergency Operations Center (WebEOC), and Mobile Command Post network systems are supported and maintained by technical contractors. Contractors also help support two additional PD substations by managing network systems which provide all field officers and investigators access to systems located at the main station. SAPD is using several technology contractors to enhance the Police field reporting system under grant funding. Additionally, technical contracts are instrumental in the implementation of new technologies such as In -Field Fingerprint, patrol wireless ad -hoc wireless, Homeland Security Mobile Command Post satellite communications, SAPD and SAJ enterprise Wiki, Crime Analysis "CrimeView" Web, and "Citizen Observer" community notification systems. Upon arrival of the new Chief Information Technology Officer, this individual will review existing staffing resources in terms of meeting strategic plan objectives and provide recommendations in 25F -2 Agreement for Temporary Consulting Services for Information Technology September 1, 2015 Page 3 terms of skills needed and number of resources required to deliver the projects as outlined in the strategic plan. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7, communication plans to engage and inform employee s Strategy D (invest in software /resources that will help staff and the public). FISCAL IMPACT Team Santa Ana, Objective #2 (Establish and the community about City activities), streamline the flow of information to City Funds are available in the Finance - Communications, and various Information Services Strategic Plan, Contractual Services accounts in FY 2015 -2016: 10210140 62300 $ 265,000 1091014162300 $ 45,000 10910142 62300 $ 75,000 10910143 62300 $ 200,000 10910144 62300 $ 180,000 10910145 62300 $ 55,000 10910147 62300 $ 880,000 Total: $1,700,000 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency ME Exhibit: Agreements 25F -3 25F -4 CONSULTANT AGREEMENT THIS AGREEMENT, is made and entered into this 1st day of September, 2015 by and between The Comdyn Group, a California corporation ( "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing temporary technical contract service personnel and consulting services. B. Consultant has previously provided temporary technical contract services with the City and the City desires to continue these services with Consultant. C. Consultant represents that Consultant is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide temporary technical contract service personnel as more fidly described in Exhibits A and B, and as requested at the sole discretion of the City. 2. DELIVERY OF WORK PRODUCT Any person providing services pursuant to this Agreement shall deliver to City any work product which results from the services provided pursuant to this Agreement. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees for itself and its affected officers, employees, agents, contractors, and volunteer workers that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, will award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. Page 1 of 7 25F -5 3. COMPENSATION a. The City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed One Million and Seven Hundred Thousand Dollars ($1,700.000.00) 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 the City's 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 the City. 4. TERM This Agreement shall commence on September 1, 2015 and terminate on March 31, 2016, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for (1) additional six month period upon a writing executed by the City Manager and City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional Page 2 of 7 25F -6 insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured provisions. b. Worker's Compensation Insurance. In accordance with California State law, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work tinder this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. (ii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify, defend and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the Consultant. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. In no case will Consultant be required to indemnify or hold harmless the City from Page 3 of 7 25F -7 injury, damages, just compensation, restitution, judicial or equitable relief caused by the negligence of the City. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality, (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile 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 Fax (714) 647 -6956 With courtesy copies to: Finance and Management Services City of Santa Ana 20 Civic Center Plaza (M -17) P.O. Box 1988 Page 4 of 7 25F -8 and Santa Ana, California 92702 Fax (714) 647 -5406 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647 -6515 To Consultant: The Comdyn Group 17900 Sky Park Circle Irvine, CA 92614 (949) 852 -0442 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. Page 5 of 7 25F -9 13. TERMINATION This Agreement may be terminated by the City with thirty (30) days written notice to the Consultant. 14. NON - DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, continuing education, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herembelow 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 fa11y set forth in the body of this Agreement. Page 6 of 7 25F -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: gV1-100 J 1N M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRANCISCO GUTIERREZ Executive Director Finance & Management Services Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT The Comdyn Group By: Title: Page 7 of 7 25F -11 CITY OF SANTA ANA Information Technology Contractor Position /Title Descriptions including Pay Rate Ranges based on Contractor and Industry /Regional Rates August2015 Position /Title Description Hourly Rate (all Inclusive) Datacenter Engineer Ensures stability, integrity, and efficiency of the $70 -$93 operations of in -house information systems located within the datacenter. Executes the planning, design, implementation, and support of complex infrastructure related equipment, racks, uninterrupted power supply, and upgrades. Includes other duties as assigned. IT Project Manager Keeps project on course for schedule, cost and $100 -$110 resources. Assists in planning, organizing, and arranging for staffing. Heads effort to confirm user requirements. Coordinates selection phase (e.g. RFP, proposal evaluation, vendor selection, negotiations, internal approvals and contracts); assists In in vendor management, leads data migration, helps develop business rules; oversees acceptance testing and operational cut over. Some post implementation transition assistance and other duties as assigned. Network Analyst Provides installation, layout, and maintenance of $80 -$98 network components. Involved in both the business side and technical side to help identify problems within the organization and suitable technical solution and other duties as assigned. Principal Programmer Perform design, development, and production support $80 -$115 for various applications. Will code, integrate, and test programs within a pre- defined standard methodology. Provide support and implement enhancements for existing production systems, etc. and other duties as assigned. Programmer Will code, integrate, and test programs within a pre- $70 -$95 defined standard methodology. Provide support and implement enhancements for existing production systems, etc. and other duties as assigned. Senior Network Engineer Responsible for configuring, controlling, tuning, $70 -$93 monitoring and troubleshooting all elements of the LAN /WAN infrastructure including switches, routers, firewalls, virtual private networking and leased circuits and other issues of complexity and duties as assigned. Senior Programmer Analyst - Work as a member of a software project team on $90 -$105 client /server and web applications using various technologies and tools. Perform design, development, and production support for various applications. Will code, Integrate, and test programs within a pre- defined standard methodology. Provide support and implement enhancements for existing production systems, etc. and other duties as assigned. Senior Systems Engineer Responsible for computer and storage systems design, $70 -$93 configuration, and operations. Provides design, implementation, troubleshooting, maintenance and analysis of internal and external computing environments. Identifies, researches, and resolves 25F -12 CITY OF SANTA ANA Information Technology Contractor Position /Title Descriptions including Pay Rate Ranges based on Contractor and Industry /Regional Rates August2015 25F -13 complex technical problems. Performs a variety of complicated tasks, and provides support for escalated troubled tickets. Has broader responsibilities than datacenter engineer, though may have other duties as assigned. Systems Administrator Administration of systems and user accounts and $40 -$85 management; install, upgrade, and monitor network and server software and hardware. Involved in maintenance, configuration, and reliable operation of servers and other infrastructure equipment such as wireless devices, switches, and cabling. Ensures up- time, performance, and security of the servers and network. Performs back -up of systems, data discovery, and creation of user accounts. Includes other duties as assigned. Systems Support Analyst (Mid to Sr.) Provides design, implementation, troubleshooting, $65 -$100 maintenance and analysis of internal and external computing environments. Identifies, researches, and resolves complex technical problems. Performs a variety of complicated tasks, and provides support for escalated troubled tickets. May have other duties as assigned. Web Architect Manages system architecture, software development, $90 -$115 IT infrastructure, and technical evaluation for project and programs. Coordinates implementation of the infrastructure components, uses software technology and techniques, may write and develop software for special projects; designs infrastructure to support enterprise and user requirements. Provides conceptual, analytical and design for meeting business objectives. Includes other duties as assigned. 25F -13 EXHIBIT CITY OF SANTA ANA IT Contractor Negotiated Hourly Rates August 2015 to piCoa ti Title Negotiated,Hourly Blling Rate;_ a (all inclusive) . Comdyn Sr. Network Engineer 86.00 Project Manager 100.00 Systems Administrator 72.00 Sr. Systems Engineer 86.00 Network Analyst 96.00 25F -14 CONSULTANT AGREEMENT THIS AGREEMENT, is made and entered into this 1st day of September, 2015 by and between Softmaster, Inc., a California corporation ( "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing temporary technical contract service personnel and consulting services. B. Consultant has previously provided temporary technical contract services with the City and the City desires to continue these services with Consultant. C. Consultant represents that Consultant is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide temporary technical contract service personnel as more fully described in Exhibits A and B, and as requested at the sole discretion of the City. 2. DELIVERY OF WORK PRODUCT Any person providing services pursuant to this Agreement shall deliver to City any work product which results from the services provided pursuant to this Agreement. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees for itself and its affected officers, employees, agents, contractors, and volunteer workers that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, will award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. Page 1 of 7 25F -15 1 COMPENSATION — a. The City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed One Million and Seven Hundred Thousand Dollars ($1,700.000.00) 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 the City's 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 the City. 4. TERM This Agreement shall commence on September 1, 2015 and terminate on March 31, 2016, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for (1) additional six month period upon a writing executed by the City Manager and City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional Page 2 of 7 25F -16 insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured provisions. b. Worker's Compensation Insurance. In accordance with California State law, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insirance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. (ii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify, defend and hold harmless the City, its officers, agents, employees, consultants, special coumsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the Consultant. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. In no case will Consultant be required to indemnify or hold harmless the City from Page 3 of 7 25F -17 injury, damages, just compensation, restitution, judicial or equitable relief caused by the negligence of the City. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile 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 Fax (714) 647 -6956 With courtesy copies to: Finance and Management Services City of Santa Ana 20 Civic Center Plaza (M -17) P.O. Box 1988 Page 4 of 7 25F -18 Santa Ana, California 92702 Fax(714)647 -5406 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax(714)647 -6515 To Consultant: Softmaster, Inc. 23 Peters Canyon Irvine, CA 92606 (949) 598- 4599(Fax) A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. Page 5 of 7 25F -19 13. TERMINATION This Agreement maybe terminated by the City with thirty (30) days written notice to the Consultant. 14. NON - DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, continuing education, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. 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. Page 6 of 7 25F -20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: FRANCISCO GUTIERREZ Executive Director Finance & Management Services Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT Softmaster, Inc. By: Title: Page 7 of 7 25F -21 CITY OF SANTA ANA Information Technology Contractor Position /Title Descriptions including Pay Rate Ranges based on Contractor and Industry /Regional Rates August 2015 Position /Title Description Hourly Rate (all inclusive) Datacenter Engineer Ensures stability, integrity, and efficiency of the $70 -$93 operations of in -house Information systems located within the datacenter. Executes the planning, design, implementation, and support of complex infrastructure related equipment, racks, uninterrupted power supply, and upgrades. Includes other duties as assigned. IT Project Manager Keeps project on course for schedule, cost and $100 -$110 resources. Assists in planning, organizing, and arranging for staffing. Heads effort to confirm user requirements. Coordinates selection phase (e.g. RFP, proposal evaluation, vendor selection, negotiations, Internal approvals and contracts); assists in in vendor management, leads data migration, helps develop business rules; oversees acceptance testing and operational cut over. Some post implementation transition assistance and other duties as assigned. Network Analyst Provides installation, layout, and maintenance of $80 -$98 network components. Involved In both the business side and technical side to help identify problems within the organization and suitable technical solution and other duties as assigned. Principal Programmer Perform design, development, and production support $80 -$115 for various applications. Will code, integrate, and test programs within a pre- defined standard methodology. Provide support and implement enhancements for existing production systems, etc. and other duties as assigned. Programmer Will code, integrate, and test programs within a pre- $70 -$95 defined standard methodology. Provide support and implement enhancements for existing production systems, etc. and other duties as assigned. Senior Network Engineer Responsible for configuring, controlling, tuning, $70 -$93 monitoring and troubleshooting all elements of the IAN /WAN infrastructure including switches, routers, firewalls, virtual private networking and leased circuits and other issues of complexity and duties as assigned. Senior Programmer Analyst Work as a member of a software project team on $90 -$105 client /server and web applications using various technologies and tools. Perform design, development, and production support for various applications. Will code, integrate, and test programs within a pre- defined standard methodology. Provide support and implement enhancements for existing production systems, etc. and other duties as assigned. Senior Systems Engineer Responsible for computer and storage systems design, $70 -$93 configuration, and operations. Provides design, implementation, troubleshooting, maintenance and analysis of internal and external computing environments. Identifies, researches, and resolves 25F -22 CITY OF SANTA ANA Information Technology Contractor Position /Title Descriptions including Pay Rate Ranges based on Contractor and Industry /Regional Rates August 2015 25F -23 complex technical problems. Performs a variety of complicated tasks, and provides support for escalated troubled tickets. Has broader responsibilities than datacenter engineer, though may have other duties as assigned. Systems Administrator Administration of systems and user accounts and $40 -$85 management; install, upgrade, and monitor network and server software and hardware. Involved in maintenance, configuration, and reliable operation of servers and other infrastructure equipment such as wireless devices, switches, and cabling. Ensures up- time, performance, and security of the servers and network. Performs back -up of systems, data discovery, and creation of user accounts. Includes other duties as assigned. Systems Support Analyst (Mid to Sr.) Provides design, implementation, troubleshooting, $65 -$100 maintenance and analysis of internal and external computing environments. Identifies, researches, and resolves complex technical problems. Performs a variety of complicated tasks, and provides support for escalated troubled tickets. May have other duties as assigned. Web Architect Manages system architecture, software development, $90 -$115 IT infrastructure, and technical evaluation for project and programs. Coordinates implementation of the infrastructure components, uses software technology and techniques, may write and develop software for special projects; designs infrastructure to support enterprise and user requirements. Provides conceptual, analytical and design for meeting business objectives. Includes other duties as assigned. 25F -23 CITY OF SANTA ANA IT Contractor Negotiated Hourly Rates August2015 IT Contractor , Position Title-' Negotiated Hourly ``r BillingRate , (all iniclusiv_e) SoftMaster Project Manager 109.00 Sr. Programmer Analyst 102.00 Sr. Systems Support Analyst 100.00 Principal Programmer 98.00 Systems Administrator 55.00 Programmer 80.00 Web Architect 105.00 Datacerrter Engineer 86.00 25F -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA POLICE DEPARTMENT HOMELESS EVALUATION ASSESSMENT RESPONSE TEAM (HEART) AND THE CITY OF SANTA ANA (STRATEGIC PLAN NO. 1, 6 and 5,6) CITY MANAGERO RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a second amendment to the Emergency Solutions Grant Memorandum of Understanding with the City of Santa Ana Police Department to extend the term of the grant until June 1, 2016, to allow additional time to spend the Emergency Solutions Grant Homeless Evaluation Assessment Response Team award, subject to non - substantitive changes approved by the City Manager and City Attorney. DISCUSSION On April 1, 2014, the City Council authorized the City Manager and the Clerk of the Council to execute agreements with non - profit agencies and /or sub - recipients as part of the 2014 -2015 Emergency Solutions Grant (ESG) program allocation. The Santa Ana Police Department, Homeless Evaluation Assessment Response Team (HEART) program was awarded $40,507 for street outreach efforts for the homeless. In January, 2015, the Memorandum of Understanding (MOU) was amended to provide an additional grant of $3,576 from prior year funding that was not expended by other subrecipients. At the close of fiscal year 2014 -2015, funds remained in the Santa Ana Police Department HEART program account. The second amendment to the MOU will provide additional time for HEART program staff to use the funds to continue providing street outreach efforts to homeless individuals within the City. The HEART program received an additional allocation of $54,000 for fiscal year 2015 -2016. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Objective #6, (Enhance public safety integration, communications and community outreach), and Goal #5 25G -1 Emergency Solutions Grant HEART Program MOU September 1, 2015 Page 2 Community Health, Livability, Engagement & Sustainability), Objective #6, (Focus projects and projects and programs on improving the health and wellness of all residents). FISCAL IMPACT The Emergency Solutions Grant Funds will be carried forward from FY 2014 -2015 to FY 2015- 2016 for Santa Ana Police Department HEART program in the amount of $31,695 in account no. 13518785 -61040 and 65400 for expenditure in FY 2015 -2016. VY Kelly n ers Executive Dlrect r Community Development Agency KR/TE /sb APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency Exhibit: 1. Second Amendment to Memorandum of Understanding 25G -2 SECOND AMENDMENT TO EMERGENCY SOLUTIONS GRANT MEMORANDUM OF UNDERSTANDING THIS SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING, made and entered into this _ day of , 2015, by and between the Santa Ana Police Department ( "Subrecipient') and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS A. The City and Subrecipient entered into that certain Emergency Solutions Grant Memorandum of Understanding with the City of Santa Ana and the Santa Ana Police Department dated July 1, 2014 (Agreement #A- 2014- 088 -021), for Subrecipient to receive Emergency Solutions Grant Funds (ESG) in the amount of $40,507.00 for the operation of an emergency shelter program for the homeless. B. The City and Subrecipient entered into an Amenchnent to Emergency Solutions Grant Memorandum of Understanding dated January 1, 2015 (Agreement #A- 2014 -088 -021 A), for Subrecipient to receive an increased grant amount of $3,576.00 from prior year funding that was not able to be expended by other subrecipients within the federally mandated 24 -month period. The original Memorandum of Understanding and this Amendment shall collectively hereinafter be referred to as "said Agreement." C. The parties hereto now desire to amend said Agreement to extend the term of the grant until June 1, 2016, to allow the Subrecipient additional time to spend its grant award. This additional time is still within the federally mandated 24 -month period in which the Subrecipient must spend the grant award. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Section 2, Term of MOU, shall be amonded to read as follows, "Subrecipient shall provide its services under this MOU commencing on July 1, 2014 through June 1, 2016." 2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to said Agreement the date and year first above written. ATTEST: Maria D. Huizar, Cleric of the Council APPROVED AS TO FORM: S0I5J< J.,CARVALHO City APPROVAL: CITY OF SANTA ANA David Cavazos, City Manager SUBRECIPIENT SANTA ANA POLICE DEPARTMENT Carlos Rojas Chief of Police Kelly Reenders, Executive Director Community Development Agency E13 25G -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: AMENDMENT AGREEMENT FOR INTERNET INFRASTRUCTURE AND ACCESS SERVICES (STRATEGIC PLAN NO. 7, 2D CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" 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 amendment to the Agreement with Cogent Communications, Inc., for internet access services to exercise an option for the third extension to the existing agreement for a term of three years in an amount not to exceed $35,000 annually, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City's current agreement for internet access service is expiring. Internet access is required to support operations in every City agency and department with internet email, outgoing access to the World Wide Web and incoming access to the City's website and other web - accessible City applications. The City's Information Services Division issued an RFP in 2009 seeking proposals for a dedicated internet access connection with service level guarantees. The RFP was posted on the City website and on other online announcement services. To receive the lower pricing and to ensure a stable internet connection to support City operations, a multi -year agreement period was sought. Ten proposals were received and evaluated. City staff recommended that the City enter into a two year agreement with Cogent Communications, Inc. to supply the dedicated internet access service with connecting "local loop" service. The service agreement with Cogent contained service performance guarantees with monetary penalties for performance problems. There were also provisions in the agreement allowing the City to terminate in case of unsatisfactory performance. The City's dependence on internet service has grown over time and there is increasing demand. This is as a result of more visitors to the City website, software applications that rely on internet access, higher volume of internet email, and the growing use of information gathering via the internet. To accommodate existing demands as well as to prepare for continued growth, service 25H -1 Amendment Agreement For Internet Infrastructure and Access Services September 1, 2015 Page 2 that will increase dedicated internet access to 250MB (currently at 100MB). This additional bandwidth will allow enough flexibility as city systems are upgraded and come online, other Cloud services expand, and overall internal and external future internet service demand grows. Included are additional Internet Protocol addresses necessary for connecting all applications, hardware and systems to the internet. Given the essential nature of internet service to the City and the potential for cost savings, the City staff recommends the approval of an amendment to the agreement with Cogent Communications, Inc. with discounted monthly costs for a term of three years. All other terms and conditions, including the ability of the City to exit the agreement for any reason with 30 days' notice, would remain. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7, Team Santa Ana, Objective #2 (Establish communication plans to engage and inform employees and the community about City activities), Strategy D (invest in software /resources that will help streamline the flow of information to City staff and the public). FISCAL IMPACT Funds are budgeted and are available in the amount of $26,000 in FY 2015 -2016 Technology Plan Fund for contractual services (account no. 10910147- 62300). The remaining term of agreement will be budgeted in subsequent years as follows: Fiscal Year Amount 2015 -2016 $26,000 2016 -2017 $35,000 2017 -2018 $35,000 2018 -2019 $ 9,000 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibit: Agreement 25H -2 Dedicated Internet Access Cogent Communications, Inc. cogent 2450 N Street, NW Customer Order Form Washington, DC 20037 North America Resell CUStomer(Name) us wwwcogenfco.com Customer and Order Information Customer Name USD I City of Santa Ana Cogent Customer Description Corporate Firm Initial Term Resell CUStomer(Name) No Installation Order Date 2 -Jun -2015 Order Type Agent Daal (Name) No Legacy Orders Terminatlon(Deiay) (per Mbps) Requested Service Date 26- Sep -2016 Immediate Termination Service Information Product Type Off- Net(Corporate) Select 11" ad alatroef! USD US Dollars avtemalleuie) Currency Order USD I Legacy Cogent Service Bandwidth CDR Initial Term Billing Burst Fee Installation Base Order Type Order (per Mbps) Fee Monthly Fee Number Number Node Id Interface Model Mbps Months USD USD USD 1- 184184833 i(�n.�da. 1- 104896531 2695.3 Gig -E 250 36 Flat Rate NIA 1 1,500.00 2,609,00 Instllation Monthly Fee Total Fees Total Fees including Options U USD I I USD 1,500.06 2 2.809.06 Billing CinrranCysa USD USD w". dab. COOENi,nll ese 0,¢cunene(conva,5lon releeaallM Goseol boon» sf.E RT', eNOUe tlayeaael bhh aluvvwpenJa .W,1,. ) Initials Customer. DIAL, r 3 order Form V3 -te Cgpent Communlcallons Cddf dgrdol Paya tp 25H -3 DIAL, r 3 order Form V3 -te Cgpent Communlcallons Cddf dgrdol Paya tp 25H -3 Customer Service Delivery Information Cogent Communications, Inc. Dedicated Internet Access 2450 N Street, NW Washington, OC 20037 Customer Order Form North America w&w.cogenrco,com Customer Contracting & Billing Information Tenant/Dalacenter Name City of Santa Ana Node ID 2695 -3 Service Address 20 Civic Center Plaza Sidle / Floor M -12 City, State, Province Santa Ana, CA Postal Coda 92701 Country Termination Service actively always takes place at Cogent Demarcation Point as dented In be coached Product Rider, Delivery Contact Name Eddie Duque Telephone __- (714) 647.6964 - Celiphone Phone Fax Fax Email eduque@santa- ana.org Cogent Contact Information Sales Office Location Hemdon, VA (Premier) Address HO: 2450 N Street, NW Washington CC 20037 Phone 703-456-7914 Fax 202 - 318 -2558. Service Provisioning sd @cogentco.com Customer Care support @cogentco.com Contract Documents The entire Customer Subscriber Agreement (CSA), entered Into between Customer and COGENT, is made up of the documents listed here, Capitalized terms are defined in the text of the Tors or Definition section of the Ters, All prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning such Services, are superseded, Customer aerates that the documents constituting the CSA am the documents and forms that have been supplied to Customer by Cogent and that Customer has made no changes to them. Notes Company Name City of Santa Ana Billing Address 20 Civic Center Plaza Suite ( Floor M -12 City, State, Province Santa Ana, CA Postal Code 92701 Country USA Company Registr. Nr. Termination Tax / VAT ID Number Request for Consolidated billing (one account/ invoice for multiple ports In the same country) NIA -consolidated Inning requests must b mmewed and approved by Cogent. Billing Contact Name Telephone Cellphone Fax Small Sales Name Jameson O'Neill Account Phone (703) 375 -1235 Manager EmaII -- .,__- -- gents ioneill@Cpgantco.00m Sales sales @cogentco com Billing billing @cogentco,com Termination terms @cogentco.com (1) Order Form (2) Terms, as attached (Initialed by Customer) (For current customers, If Terms are not attached, the current Terms remain in force) (3) SLA ( Mtp:/ AA"c ogentcox om( fileslps _interneUSlA_on_Internotpd0 (4) Product Rider, as attached (signed by Customer) (5) Any other Rider or Addendum, as attached (signed by Customer) ATTEST: APPROVED AS TO DORM: MARIA D. HUIZAR, Clerk of Council JbftN M. FdR, Assistant City Attorney Signatures By signing below, Customer atfirms and acknowledges that It has read the entire CSA and agrees to be bound by the provisions thereof. For Customer For Cogent Communications, Inc. Signature Signature Printed Name David Cavazos Printed Name Title City Manager Tire Date Date CIA Layer 3 Order Poor V3 -t5 Cogent Communleallona CongdCntial Page 2l2 25H -4 Network Services Addendum North America (Vor. Oct. 04) Confidential cogent m Cogent Communications, Inc. 2004 NETWORI{ SERVICES ADDENDUM NORTI3 AMERICA This addendum (r>_I) amends the CSA entered into between Customer and COGENT for the Services specified therein. Unless otherwise defined herein, capitalized or defined tennis in the CSA have the same mcaning in tlts Addendum. In the event of a conflict between forms, the following will be the order of priori ty: First, the Order born for a particular Service; Second, this Addendun; Third, the Terns; Fourth, the SLA and Fifth, the applicable product Rider. With respect to the Service ordered under Order k1- 184184833, notwithstanding Section 12 of the Terms, at the end of the Initial Term, the Service ordered hereunder will renew on the same price, leans and conditions for successive month -to -month Renewal Temns unless and until terminated or amended as provided in the CSA. CUSTOMER: By: David Cavazos Title: City Manager Date: City of Santa Ana 072715 ATTEST: MARIA D. RUIZAR Clerk of Council Accepted and agreed to: COGENT COMMUNICATIONS, INC. By Title: Date; APPROVED AS TO FORM: ✓SY 4 V ' ` , j/f.�iEwe' J M. FUNK Assistant City Attorney Page I of I Cogent Celmlln iCu lOnS, Inc. 2450 N. St., N. W., Washington, D.C., 20037 201295.4200 vvvo w.c9,00ntco otU 25H -5 25H -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: AGREEMENT WITH KTU +A FOR CENTRAL SANTA ANA COMPLETE STREETS PLAN {STRATEGIC PLAN NO. 5, 6B} CITY MANAGE CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with KTU +A, subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide transportation /traffic planning and engineering services for a two -year period expiring August 31, 2017, with provision for a one -year extension exercisable by the City Manager, in a total amount not to exceed $297,000 for the entire agreement term. DISCUSSION Approval of the recommended action will provide the City with final designs for safety and mobility improvements on segments of Fifth Street, Raitt Street, St. Andrew Place, Bishop Street, and Orange Avenue in the central part of City (Exhibit 1). These Complete Street designs will qualify the City for grant funding for construction. These designs will also become a template for developing a Complete Streets manual that will be referenced on all subsequent street improvements, to provide multimodal mobility and safety for pedestrians and bicyclists. On March 3, 2015, the City Council approved an appropriation adjustment recognizing seven Active Transportation Program grants and updating the Capital Improvement Program. One of the seven grants was for the Central Santa Ana Complete Streets Plan. The goal of the Plan is to recommend engineering and aesthetic treatments to improve conditions for walking and bicycling in the study area. The Central Santa Ana Complete Streets Plan will address existing deficiencies in the project area by working with residents, neighborhood associations, school districts, community organizations, and businesses to identify major barriers to walking, bicycling, and transit access. The project team members will work with stakeholders to develop recommendations that include changes to both the design and operation of the roadways to accommodate users of all ages and abilities. A Request for Proposals for marketing and education services was released and distributed on July 2, 2015, to qualified marketing firms and bicycle education organizations. Eight proposals were received and reviewed by a committee comprised of Public Works Agency and Planning & Building Agency staff. Proposal ratings were based on experience, qualifications, project understanding, and familiarity with the community. The following table summarizes the proposal scores of the top three consultant teams: 251 -1 Agreement with KTU +A for Central Santa Ana Complete Streets Plan September 1, 2015 Page 2 FIRM SCORE 1. KTU +A 96 2. Alta Planning & Design 3. Sam Schwartz Engineering 90 86 Staff recommends that KTU +A be retained for an amount not to exceed $297,000 for transportation /traffic planning and engineering services (Exhibit 2). This firm has demonstrated they have the experience and resources needed to provide the required services. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. Individual environmental reviews will be conducted for each recommended improvement at the time of implementation. These types of projects typically qualify for Categorical Exemptions. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #6 (focus projects and programs on improving the health and wellness of all residents), Strategy B (incorporate the improvement of walking and biking lanes as well as the development of a citywide bike master plan into the Circulation Element of the City's General Plan). FISCAL IMPACT Funding in the amount of $297,000 is available in the approved Fiscal Year 2015 -16 Capital Improvement Program, for expenditure in Fiscal Year 2015 -16 from the Active Transportation Program fund (Account No. 14817613- 66220, Project No. 16- 6850). APPROVED AS TO FUNDS AND ACCOUNTS FredlMous vipdur Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency FM /EWG /ZK Exhibits: 1. Study Area Map 2. Agreement 251 -2 Central Santa Ana Complete Streets Plan Exhibit 1 251 -3 251 -4 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 1st day of September, 2015, by and between KTU +A, a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City has identified five corridors that it believes would be good candidates for Complete Streets improvements. The City also recognizes that in order to have Complete Streets it must also have a connected network. The five identified corridors shall also be analyzed for connectivity to an existing or planned Complete Streets network. B. Consultant represents that Consultant is able and willing to provide transportation /traffic planning and engineering services. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide traffic /transportation planning and engineering services as set forth in the scope of services attached hereto as Exhibit A and incorporated by this reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the City's Project Manager and Consultant. In regard to material produced as a deliverable under the Agreement, including, but not limited to, books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B attached hereto and incorporated herein by this reference. The total sum to be expended under this Agreement shall not exceed $297,000 during the Term of this Agreement. 251 -5 Page 1 of 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. 4. TERM This Agreement shall commence on the date first written above and terminate one (1) year from said commencement date, or upon the depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant 251-6 Page 2 of 6 pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from the negligent performance of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of 251'7 Page 3 of 6 law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile 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 Facsimile: 714- 647 -6956 Copies to: Public Works Agency — Executive Director City Hall — Ross Annex— 4th Floor 20 Civic Center Plaza (M -21) Santa Ana, California 92702 Facsimile: 714- 647 -5622 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714- 647 -6515 To Consultant: KTU +A 3916 Normal Street San Diego, CA 92103 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 251-8 Page 4 of 6 Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City 251'9 Page 5 of 6 immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attomey By: s s Jos ndoval Ch Assistant City Attorney RECOMMENDED FOR APPROVAL: Planning FRED MOUSAVIPOUR Executive Director - PWA CITY OF SANTA ANA DAVID CAVAZOS City Manager KTUYA: MICHAEL SINGLETON Principal of Transportation and Land Use 251 -10 Page 6 of 6 rM, SCOPE OF SERVICES 251 -11 1 1 1 '"f Task 1.1: Project Kickoff Meeting Santa Ana City staff and the KTU +A team will conduct a kickoff meeting to discuss project management and project expectations including: invoicing, progress reports, chain of communication, approval processes, Icey staff member roles and other relevant project information. Task 1.2: Project Coordination Monthly or bi- monthly project team conference call meetings will be held between city staff and KTU +A to ensure open communi- cation on upcoming tasks and to make sure the project remains on time and within budget. KTU +A will prepare, update and provide staff with a punch list prior to the meeting. Task 13: Assemble Advisory Group In cooperation with the city and KTU +A, KPA will help assemble an Advisory Group that can provide input as the project moves forward.The KTU +A team will build upon the group from the Downtown Complete Streets Advisory Group as a starting point and will look to Santa Ana Active Streets (SAAS) to help identify other key stakeholders. The Advisory Group will include City staff, school district staff, and representatives from service organiza- tions, businesses, neighborhood leaders, residents and other interest groups that reflect the demographics and perspectives of the community. Equity in representation will be essential in order to obtain a cross section that represents the broader community. The Advisory Group will consist of 8 to 12 representatives from various agencies and the local community. Some will represent the businesses of the area, while others should represent the residential community. Advocacy groups that support walking, biking or community health, and the school district should also be included. From an agency standpoint, representatives from traffic engineering, public safety, law enforcement, maintenance, planning, economic development and recreation should all be considered for this advisory group.The primary purpose of this group is to assist in setting the schedule and agenda of the community design charrette, discuss key issues, identify additional stakeholders, determine strategies to engage all segments of the community, maximize charrette participation, and review the draft plan and guidelines. Task 1.4: Collect Data on Existing Conditions The KTU +A team will work with the City and other sources to collect and organize available information on existing conditions for the study area including: traffic volumes, crash data, regional transportation plans, state route planning and construction plans; aerial and base maps; General Plan and other policy documents; development standards and regulations, and other relevant studies. KTU +A and KOA will collect pertinent data by walking and biking these corridors for analysis used in GIS -based models and to identify features that make it unsafe or uncomfortable for all users, including pedestrians, bicyclists, transit users, motorists and the disabled. While data such as traffic volumes and speed can be readily accessible through existing datasets, other infor- mation needed will still need to be collected. Examples of this data include identifying whetherthese corridors have separation between sidewalks and travel lanes, sidewalk widths and where on- street parking exists.This data will also provide the basis of a Bicycle and Pedestrian Comfort Level/Traffic Stress (LTS) analysis that will be conducted. This exercise was also completed for the Downtown Complete Streets Plan and will provide the City with additional data - driven analysis to supplement the public outreach process for future funding opportunities. It is critical that an understanding of the roadway environment occurs at an early stage. Current right -of -way limits, roadway geometry and current and future traffic volumes and speeds are all essential for bike and pedestrian related issues and potential solutions for the five main corridors and potential connectors. This data will support CIS analysis for design recommendations and aesthetic treatments as the project moves forward.Thls data collection will then be repeated for the connecting corridors iden- tified through the charrette process or Advisory Group. The team will analyze the study area's pedestrian and bike - related collision data to identify safety "hot spots" and to provide counter- measures to common causes and trends indicated by certain trouble spots. Collision data can provide insight into patterns of unsafe pedestrian and cycling environments, such as time of day, time of year and how they relate to location and specific street Central Santa Ana Complete Streets Plan REP No. 15-067 251-12 geometry or street traffic patterns. A pattern of locations like mid - blockversus intersection crashes can reveal localized problems with visibility, engineering or driver education. The results of our collision analyses often directly affect our design recommended bicycle and pedestrian treatments throughout the study area. KTU +A acknowledges that there is an on -going Safe Mobility Plan and will coordinate on the data collected in that effort to ensure consistency. Data analyzed such as collisions, demographics, safe routes and the level of traffic stress models will provide data driven metrics for identifying short and long -term projects for implementation and grant writing purposes.This analysis can also provide the base information that drives the recommendations through the public outreach and charrette process. Task 1.5: Prepare Base Maps KTU +A will coordinate with Santa Ana, SCAG, Orange County and other GIS organizations to collect data and prepare base maps for design and analysis work and for use at the pre - charrette visits, walking and biking tours, outreach materials and charrette design tables.These maps will include the most recently available high - resolution aerials, with added layers for street names, major community destinations, right- of-way characteristics and other pertinent data. KTU +A has the in -house capabilities to plot char- rette design table maps up to 30 -feet long. For the Downtown Complete Streets Plan, multiple six -foot maps were plotted to fit onto the tables to provide clean and usable maps for the differ- ent exercises. From our experience conducting workshops and charrettes, it's important that both clarity and flexibility be part of the mapping process. We plot these large table maps for similar projects to allow the attendees a detailed view of the study area. These table maps will be developed in CIS for ease of data use, plotting and file transfer back to the city. KTU +A has recently developed a GIS -based Low Stress Rout- ing (LSR) tool to identify cycling and walking routes.This tool incorporates bicycle boulevard and neighborhood greenway characteristics to identify non - motorized transportation routes. The inputs will be similar to those of the five corridors, with 25 mph speed limits and activity centers such as schools, parks and transit.The LSR is then run to connect these activity centers and other locations identified along the five corridors by city staff and Advisory Group Input.This affords a cost- effective and data - driven analysis of existing and future bicycle and pedestrian routes that can be presented as connectors between the five main corridors and serve as safe routes to schools, parks and transit. As part of this analysis, the KTU +A team will include possible connections recommended by the on -going Bicycle Master Plan and Circula- tion Element to ensure consistency between efforts. Potential Low Stress connections for Central Santa Ana To assist in the design development and future grant writing purposes, KOA will conduct AM and PM peak -hour bike- pedestri- an counts at two locations per corridor for a total of ten counts. In addition, another set of counts will be conducted at two locations for up to five connecting corridors for another set of ten bike -pe- destrian counts. We intend to conduct up to a total of 20 bike -pe- destrian counts to get a baseline of non - motorized activities along the study area corridors.The locations of the five priority corridor counts will be determined by the KTU +A team and city staff with the connecting corridors either by the Advisory Group or through the community charrette. Task 1.6: Pre - Charrette Visit The KTU +A team will conduct a two -day pre - charrette visit to coincide with the first Advisory Group meeting (see Task 2.1). The pre - charrette visit will include a meeting with the project partners and selected stakeholders, and a tour to photograph the area to assess existing conditions. Another major component of this task, conducted prior to the pre - charrette visit, would be to provide a high level of CIS existing conditions mapping.This mapping will be used in the field to ver- ify the existing data. Some of the topics that will be analyzed early in the process (depending on data availability) could include: Existing and proposed Average DailyTraffic (ADT) volumes Existing and proposed Level of Service (LOS) and configura- tions including; existing street geometry, number of lanes, lane widths, medians, turn lanes and special facilities Existing intersection control devices such as signals, stop signs, uncontrolled intersections, special pedestrian crossings, marked and unmarked legal crossing points Existing and proposed land uses Existing and proposed housing densities Existing and proposed employment densities Existing major activity centers Existing and proposed transit stops (hoardings and alightings) and special upgraded transit systems Central Santa Ana Complete Street Plan RFP No.; 15-067 251-13 10 Existing pedestrian walkway systems classified as neighborhood walks, community connectors, commercial walks, recreational pathways and special urban plazas and public realm spaces Existing public school / vocational school locations and im- proved safe routes to school Task Deliverables: Meeting Notes, Monthly Meeting Notes, ListofAdvisory Group Meetings, Listof Planning and Existing Conditions Data, Base Maps, Meeting and Field Notes, Digital Photographs 1 •� 1 " 1 The KTU +A team will work closely with the city to conduct pub- licity and outreach efforts throughout the course of the project. Understanding that this project will base many of the recommen- dations on public outreach, a team of experienced outreach facil- itators and community -based organizations have been included in the team. KPA will provide the charrette facilitation and oversee the outreach efforts and will be supported by SAAS. SAAS was integral to the publicity for the Downtown Complete Streets Plan and will now support the KTU +A team in outreach, facilitation and other needs.Their extensive outreach capabilities will be critical to reach the different demographics, businesses and organizations within the study area.They will also be able to engage the indi- vidual businesses and organizations along each of the corridors to garner additional participation. Task 2.1: Advisory Group Meeting #1 Although not specified in the current scope of work, this task needs to Include the development of an overall public outreach strategy plan that will help to identify the unique needs of the project and the community and assure that the commonly un- der- represented groups are engaged in this process.The strategy plan will build upon the experience and input from the Down- town Complete Streets Plan and include sufficient detail on what input is needed and when it is needed, what tools may be avail- able to obtain this input, and how the input will be used. Specific approaches, tools, meeting methodologies and outreach efforts will be identified along a timeline and presented to the Advisory Group at the first meeting. The KTU +A team will then conduct the first Advisory Group meeting.The key items on the agenda will include: scheduling and location of the multi -day charrette, key stakeholders to invite, problem areas to study, overview of the public outreach plan and process and strategies for engaging underserved populations. Task2.2: Produce Outreach Material After review and comment from the Advisory Group has been collected from Task 2.1, the team will refine the Initial project and charrette announcement materials. In coordination with the city, the KTU +A team will produce and print flyers (as well as on -line announcements) publicizing the charrette for community -wide distribution. KTU +A will be responsible for drafting a copy and, in conjunction with SAAS, designing and printing other engage- ment materials.These will include: Project logo Project overview and introductory descriptions Project Frequently Asked Questions (FAQ) Project timeline and milestone opportunities for public input Formats, message and timing of press releases Online survey An online survey will provide an important baseline of driving, walking, transit use and cycling behavior and preferences along the different corridors. The sur- vey results can be incorporated into an active transportation performance monitoring re- port that can serve as a promo- tional piece oriented towards elected officials, city staff and community members for fu- ture funding and implementa- tion. The survey can be hosted on the city- hosted, project website. Our experience has shown that these online meth- ods are efficient ways to gather relevant information because they allow those who cannot attend the public workshops or are hesitant to speak in public to voice their concerns. share " t play! >s � K Branded outreach materials cre ed by KTU +A for the City of Chin Bicycle and Pedestrian Master at- o an KTU +A, in association with SAAS and in coordination with the city, will produce and print up to 5,000 flyers and 100 posters publiciz- ing the charrette for community -wide distribution. Flyers will also be produced in Spanish to reach predominantly Spanish- speaking households.The KTU +A team, with SAAS support, would take care to create culturally appropriate flyers that would be relevant for the Spanish speaking communities in Santa Ana. Examples of these Flyers could be postcard sized handouts that team members can hand out at events leading up the charrette. SAAS conducts Thursday Night bike rides and other weekly events where continuous distribution can occur. This also allows for a good geographic distribution since these bike rides and events occur in different parts of the city. Task 23: Distribute Outreach Material The city, KTU +A, SAAS, local businesses, and religious and service organizations will distribute flyers and information about the charrette through their communication networks. Elementary and middle /junior high schools nearthe study area will be asked to send Flyers home with their students. Community -based and Central Santa Ana Complete Streets Plan RFP fo.:15 -067 251-14 Understanding of Need faith -based organizations will be asked to distribute flyers and publicize the events through their networks. The city will post information on the city website about the design charrette events. Collectively, SAAS nonprofit partners serve approximately 12,000 community members annually. While most of SAAS partners work is concentrated in Santa Ana, their work reaches all of Orange County.-The SAAS coalition has numerous valued partnerships with Santa Ana stakeholders in the education, health, housing, public safety, economic, and transportation sector, including businesses, schools, nonprofit, faith based entities, government officials and agencies such as: Santa Ana's Building Healthy Communities Initiative,The Califor- nia Endowment El Centro Cultural de Mexico Alliance for a Health Orange County Orange County Health Care Agency Santa Ana Police Department City of Santa Ana Community Development Block Grant Orange County Bicycle Coalition Orange County Wheelmen Santa Ana Unified School District St. Joseph's Health Network C & C Development Edison International Outreach efforts will include distributing flyers during meetings, community events, resource fairs and workshops that are already connecting with community or programmed within. Task2.4: Media Outreach KPA will lead this effort with assistance from SAAS and will produce announcements and press releases to be distributed to local media. Information on the project will be included in the city newsletter as well as in newsletters issued by council members. Information will also be broadcast on the city's cable channel. The team intends to use social media, but is also cognizant of its impact for residents and organizations with limited online capabil- ities.To supplement using the city's website resources and NIXEL database, the KTU +A team will utilize its own resources and social media presence, especially SAAS'numerous platforms to inform the public of upcoming events and review materials. Task 2.5: Advisory Group Meeting #2 The KTU +A team will conduct the second Advisory Group Meet- ing, which will be held approximately one month before the Com- munity Design Charrette, to assist with outreach.This meeting will entail the details of the charrette such as date, time, location and schedule of activities. A discussion of" lessons learned "from the Downtown Complete Streets Plan's outreach efforts can also be conducted to initiate additional activities and outreach methods. At this time, the team will get final input from the advisory group and Identify volunteers who can help facilitate the workshop activities and conduct additional outreach with their constituents. Task Deliverables Agenda, Participants List, Meeting Notes, Copies of Outreach Mate- rials, List ofAgencies, Organizations Distributing Outreach Material, Press Releases, NewsletterArticies, Media List, Agenda, Participant List, Meeting Notes Task 3: Community Design Charrettes The KTU +A team will organize a three to five day design char - rette.The purpose of the charrette will be to work with residents, businesses and other key stakeholders to develop a commu- nity- driven plan for improving access and mobility on the five corridors and selected connectors. The charrette will Include a variety of activities to engage residents in the planning process. Task 3.1 outlines a few activities that can be further discussed in the Advisory Group Meetings.The intent of these activities is to develop planning and design recommendations that can help "complete "the study area. Based from experience from Down- town Complete Streets Plan charrette, we have also included two alternate charrette schedules that can be explored further with the Advisory Group. Task 3.1: Community Design Charrette The draft schedule of activities for the multi -day charrette will include: Tour the study with staff and Advisory Group members A tour of the study area will take place with city staff and Advisory Group members. Handouts with basic corridor and study area in- formation will be available for participants to take notes and facil- itate ideas. Information on these handouts may include collisions, road geometry, land use and demographics. Since the corridors are not always connected, the KTU +A team will work with the city Central Santa Ana Complete Streets Plan RFP No.: 15-067 251 -15 12 and Advisory Group on the best method to tour these corridors, either by bicycling, walking or bus. With the pre - charrette visit already having been conducted by this time, this event could be used to tour the connectors if pre - selected by the Advisory Group. Hold 2 -3 stakeholder group meetings The intent of these meetings will be to discuss the project and listen to the stakeholders about their issues and concerns for the five corridors.These 2 -3 meetings can combine 1 -2 corridors to expedite the discussion since some of these corridors connect with each other. Specific questions will be developed In advance and distributed to the participants prior to the meeting, so review and further detailed discussions can take place within these meet - ings.This will allow the project team to get focused input from key individuals, active organizations and other interested parties. KPA will document the stakeholder meetings and prepare a summary. Central Santa Ana Complete Street An option is to rent wheelchairs to experience some of the cor- ridor challenges from a disabled person's point -of -view. Specific locations can be identified prior to the walk audits to utilize this approach. Opening Community Workshop The first day of the charrette will be an opening community workshop in the evening with visioning and values exercises. The intent of this workshop is to introduce the project and gather input from residents that can't attend the following charrette days. The following are examples that can be explored for this event: Project overview presentation which will include how other cities and Downtown Santa Ana have implemented complete street changes. An effort will be made to identify streets that have similar characteristics and challenges as those identified in this project. Table exercises to gather general issues, concerns and oppor- tunities will also be available.These exercises will be simple, yet interactive and will focus on the issues and opportunities for each corridor and potential connecting corridors. Since this opening workshop may have an open house feel, and participants may have only a short amount of time to spend at the workshop, the KTU +A team will provide every opportunity to provide materials and an overview of topics discussed prior to their attendance. Options include stations showing a series of videos about complete streets; a running overview of the pre- sentation; infographics; online survey; static informative boards and digital maps; as well as child care and kids activities. Community Design Charrette In the following days, the KTU +A team will hold a series of com- munity workshop activities with table and interactive exercises identifying preferred complete street treatments and designs. Ini- tially the exercises will identify overall issues and concerns along the corridors. The discussion will then focus on more specific lo- cations of concern, and finally on design treatments and improve- ments. Consensus on the priorities and designs will be imperative to garner public support for these improvements for the team to refine the designs and produce cost estimates. Continuing with the theme of Interactive large table maps from the previous evening workshop, new table maps, possibly more than one for each corridor, will be available for issues and con- cerns and design recommendations. While the Downtown Complete Streets Plan was successful with interactive exercises, wrap -ups and recaps, there was a lack of technology that participants of all ages could relate too. KTU +A will bring a new set of interactive tools for both summarizing comments, previous days efforts, and stimulating ideas and de- signs for the recommendations phases. 40111-16 13 101ITTA M F f "f One tool the team plans to use is a CIS and Google Map based tool to expedite the summary of comments collected both geographically and statistically. This will allow new participants to see where the majority of the comments are located and what they are. Seeing the summary will help provide the background information forthe next exercises.This "heat map'of issues can be delineated by issue type (safety, amenities, missing facility) or facility type (pedestrian, transit, bicycle or vehicle). Another tool that will resonate with participants of all ages is our Complete Street Interactive Toolkit. This is simply a set of magnets with complete street elements that will be available at all exercise tables to experiment with design options. The KTU +A team has seen success with this tool to provide V" visuals to reimag- ine their street. An added benefit is N that these elements are scaled to best (' practice dimensions and can be used In _ a setting where wi -fi or other online capa- bilities are limited. Online and hard copy surveys will also be available to capture additional comments from all participants who have more to say In coordination with the city and Advisory Group, the Low Stress Routes previously analyzed can either be presented as possible connecting corridors and voted on by participants, or developed through the charrette process. By having a set of pre - selected connecting corridors, the KTU +A team can prepare the materials for these connectors in advance along with the five main corridors for design recommendations, This will also assist in expediting the design process by conducting field work on these Low Stress Routes so they will be ready for public Input and on -site design development. As with previous branding methods, the team will encourage participants to "brand "or develop themes for these connections. The five corridors each face specific challenges but have various opportunities for improvement through design. Portraying the challenges and opportunities of corridors as well as initiating discussions can be difficult. One method proven successful in the Downtown Complete Streets Plan was the branding of each corridor either by a play on the street name or the predominant treatment recommended. As an example, below are some possi- ble themes that walking /biking tours could help capitalize on: Raiff Street — "Art on Raitt" "Less Wait on Raitt" Sth Street — "Enliven 5th", "Connecting the 5th" Bishop Street — "Bringing out the Neighborhood" Orange Street — "Orange You Walking ?" St, Andrews Place- "Connecting to Andrew "or "Placemaking on St Andrews' Orange Street - Wide streets through residential neighborhoods Enhanced pedestrian facilities exist such as curb extensions and pedestrian crossings Central Santa Ana Complete Streets Plan RFP No.: 15-067 251-17 14 1 1 ( � � ' " k `�R SAAS regularly leads bike rides throughout the city and will bean integral part of this task so there is enough staff to lead the multi- ple walk and bike audits going on at the same time. SAAS was instrumental in achieving strong attendance at the Downtown Complete Streets charrette, and will be a valuable asset for this project. KTU +A has a history of conducting these events with great success by including interactive public Input elements, such as complete street tools for street design, real -time comment mapping, 3D modeling, and surveys. While these tools and table exercises are used for public engagement and input, other activities will be explored to entice more participants to cre- ate a truly interactive event. The KTU +A team will also tap into the successes of tactical urbanism and open street events, including Santa Ana's own SOMOS event.The SOMOS event could also be used a preliminary outreach event to announce the upcoming charrette. Activities planned for the Community Design Charrette can include: Catering for meeting by local co- operative food vendors Protected Bike Lane demonstrations, i.e. "Pop -Up" Lanes Obtaining giveaways and raffle prizes from community partners Activities and child care during community charrettes Documentation of community charrettes, i.e. photography and/ or video Bike valet by SAAS Partners Depending on the location of the charrette, the KTU +A team can also include a parklet design activity for youth and residents. KTU +A Cycle Track demonstration on University Avenue, San Diego On -Site Production of Design Recommendations and Graphics The KTU +A team has the capabilities to spend several days on site in intense production developing recommendations and illustra- tive graphics. By having staff experienced In multiple technical tools such as GIS, Autocad, SketchUp, Streetmix, ESRI CityEngine, Illustrator, Photoshop and InDesign, along with complete street design and facilitation experience, the team will be able to bring these tools and efficiency and flexibility to the project, particularly for on -site production. By using the Complete Street Interactive Toolkit, it will help expedite the design process since participants will be able to visually see, and therefore come to a consensus, on a preferred design. KOA will assist in design development and provide engineering oversight for pedestrian and bicycling treatments with KTU +A landscape architects providing aesthetic treatments such as stormwater retention, urban forestry and other urban design elements.The work produced through this effort will be included in a presentation at the final closing workshop. KTU +A develops these renderings with cost estimates in mind and have streamlined this process through simple CAD /GIS layer- ing conventions. It is possible that rough costs could be devel- oped on -site to present at the closing workshop as well. Alternative Charrette Schedule #1 One possible alternative is to conduct the charrette on consecu- tive 2 -3 days, spend one day with City staff to refine the designs, and then return a week later to present the designs to the public. This week would allow the team the chance produce refined materials to present back to the public. This schedule was used for the Downtown Complete Streets Plan and included a voting ex- ercise that narrowed down the corridors for further development. For this project, the final workshop will be a platform for additional comments and design refinements. Central Santa Ana Complete Streets Plan RFP No., 15-067 251-18 1s EQrC�%'Raeru$Yitltis �j 1. S.2 -5 a» wkei.�sia= �5..orm=assy w�at� - N9trk6'�?.44iddx t7 eaM x qpa� ESRIC)ry�°ax� "Y •561KL r*aveing F] !S ti — .<— e_.:..�.N Engine for real-time 30 a, °float C qM" modeling scenarios C aaa %ild.�4t{ddmdhpr4lk� piton 1 Alternative Charrette Schedule #1 One possible alternative is to conduct the charrette on consecu- tive 2 -3 days, spend one day with City staff to refine the designs, and then return a week later to present the designs to the public. This week would allow the team the chance produce refined materials to present back to the public. This schedule was used for the Downtown Complete Streets Plan and included a voting ex- ercise that narrowed down the corridors for further development. For this project, the final workshop will be a platform for additional comments and design refinements. Central Santa Ana Complete Streets Plan RFP No., 15-067 251-18 1s , 1 =r Alternative Charrette Schedule #2 Another alternative is to hold two separate charrettes based on the locations of the corridors. For example, the 5th Street and Raitt Street corridors, along with connecting corridors, can be held one week, then Bishop Street, St. Andrews Place and Orange Avenue another week. The overall charrette schedules can be very similar with tours, exercises, on -site production and activities. For all charrette schedule alternatives, the closing workshop will be a platform for additional comments and design refinements. As with all other charrette activities and schedule, these options can be vetted through the Advisory Group, Closing Workshop Presentation The closing workshop presentation will consist of draft recom- mendations to the community for feedback, comments and guid- ance.This could be a combination of plotted maps or through a Powerpoint presentation. Task 3 Deliverables Sign -up Sheets from all public events, Results of Exercises, Digital Presentations, Photographs of Design Table Maps and Events Task 4: Draft and Final Plan Task 4.1: Plan Outline After the final charrette, the KTU +A team will prepare an outline of the plan and a list of any additional questions, concerns or critical issues that might have emerged during or after the charrette. These documents will be circulated to selected stakeholders including city and school district staff, and the Advisory Group for comment. Task 4.2: Advisory Group Meeting #3 Approximately two weeks after circulating the outline and list of pending issues, the KTU +A team will conduct the third, and last, Advisory Group Meeting to discuss the outline, resolve any out- standing issues that might still be pending and review proposed concepts. At this meeting, KTU +A may present a series of short videos of the final designs incorporated with Google Street View, maps or other media. This technique is a great way to visually navigate through the different recommended projects. This also allows the city to present the projects to the general public and city officials in a creative and visually appealing way. Task 43: Administrative Draft Plan The KTU +A team will prepare and circulate an administrative draft plan for review by city staff and members of the Advisory Group. The plan will include recommendations to improve conditions for all modes within the five study corridors and connecting corridors. The plan will include conceptual designs in plan view, section Sample report page from Downtown Santa Ana Complete Streets Plan and 3D models and development standards for Improved road safety and operations, pedestrian, bicycle and transit facilities, and enhanced streetscapes. Special attention will be given to streets that are used by children to access schools. To assist with future implementation, the plan will include detailed cost estimates of the recommendations.The plan will utilize KTU +A's cost estimation tool, along with the city's and KONs latest estimates.The plan will also contain a record of the charrette process, project prioritization, and potential funding sources and complete street guidelines. Task 4.4: Draft Plan Comments The KTU +A team will circulate the draft plan to city and school district staff, and the Advisory Group for feedback. City staff will collect and review all comments and provide a comprehensive set of comments to the KTU +A team. Task 4.5: Final Plan The KTU +A team will finalize the plan. Similar to the Downtown Complete Streets Plan, the plan will be visually appealing, easy to read and informative. KTU +A will ensure that the Santa Ana Central Complete Streets Plan will be another award - winning plan that continues city's efforts to make their streets safe for all users. Task 4.6: Present Plan to Policymakers Once the final plan is completed, the KTU +A team will present the plan to the Environmental and Traffic Advisory Committee and to the City Planning Commission, Task 4 Deliverables Plan Outline, Meeting Notes, Draft Complete Streets Plan, Comments, Final Complete Streets Plan, Digital Presentation, Meeting Notes Central Santa Ana Complete Streets Plan 2FPNo,:15 -067 25I -19 16 IT= IT-To . 1"; 1 13 ' F'. rW IS 1 ;i1 Getting citizens to participate in public outreach activities Providing the ability for the public to give substantial input should be an integral part of every project. However, we have found that it can be difficult to convince citizens to attend public meet- ngs, especially if there is no looming controversy to attract their attention. With that concern in mind, we reached out to SAAS to be part of our team to provide grassroots outreach throughout Central Santa Ana, and if needed, city wide. Among the meth- ods employed to boost attendance is to provide food and prize giveaways (all supplied by sponsors), activities for kids, child care and valet bicycle parking. We will work with the city to actively promote the event through a number of channels, including social media such as Facebook and Twitter, as well as local media outlets and SAAS'network or organizations. Improving neighborhood connectivity Well connected non - motorized transportation facilities like bicycle paths and lanes need to be presented as a way to provide mo- bility choices for all, notjust drivers, and notjust as a recreational asset. While two of the study area corridors are disconnected from each other and the design within them may improve their segments respectively, the connections to each other will bejust as import- ant.These five corridors will form the backbone of the project, however the connections between them will be important for a complete network between schools, parks, downtown and the Santa Ana River and Maple Street trails. We look to employ both technical and simple tools to help identify these streets for further public input and design. � t r r !. The proposed costs and this technical approach accomplishes all aspects of the required scope of work as listed in the RFP. In many cases, we have exceeded the scope of work by offering various value added elements in our approach that are fully Included in the attached costs. These include: Use of interactive mapping and Complete Street toolkit as consensus building tools Use of 3D visualization tools Including animations, photo -simu- lations and 3D cross sections Production ofwalktime and biketime analysis Bicycle and Pedestrian Comfort Level/Traffic Stress Model Bicycle- Pedestrian Counts Development of an online survey tool Inclusion of public art, wayfinding, placemaking, urban forest- ry and stormwater retention as part of all proposed mobility solutions Proposed Schedule Central Santa Ana Complete Streets Plan RFP No: 15-067 251-20 17 ycnard 3 FEE SCHEDULE 251 -21 Cost Estimate Percent of Total: 79.7% KTU +A Total Labor: KTWA $1fi4,5fi0 KPA KOA $400d0 BAAS $20,080 KOA 59,1% SAAS 173% 7.2% GRAND TOTAL TRAVEL & MATERIALS $18,fi00 $ = - - - s - Central Santa Ana Complete GRAND TOTAL LABOR+ MATERIALS $297000 Streets Plan k s.� gn va w `a6 e "s o 5170 $120 $110 $199 $166 $186 $166 $136 8106 5125 $100 540 PI Task 7.1 72 I Project Management Project Kick0HMeetinQ Proiect Co ordination fi 6 fi0 12 40 i6 12 6 16 fi _ 8 50 1.3 14 Assemble Ativisoy Groff_ _ _ Collect Datacn Existing Conditions _ 2_ 2 'Ij' _6 _ 76 35 6 12 40_ 24 8 10 34 727 1.5 _ Pre are Base Maps__ _4- 2 �_._ ®. 0 ; 24 e .._._. ___ ,..__.._.. _ _ _ _.._.._ _ ..�.�._ _.._��_. 0 26 1.6 Pre- Chaaefle Visit _ 8 8 32� 16 8 8 8 36 124 Deliveables: Meeting Notes, Monthly Meeting Notes, List of Advisory Gm Meetings List of Planning and Existing Conditions Dada Base Uses. Meetings and Field Nofes, Digital Photographs Sub -total Hour S 54 80 100 �_ 75_ 26 18 8 12 54 40 24 112 619 Sub -total Costs _ $9,760 $9,600 $11,6601 $7,500 $4,290 _ $5,480 $1,320 $1,620 59,990 $6,006 $2,400 $4,480 Travel and Material Costs E1,600 $0 BikelPed Counts $5,500 $0 E7,100 Task 2, Outreach and Publicity KTWA KPA KOA SAAS $37,940 ' ` 7,39: $72,500 'Avisaiy Gmup,Meeting .1a 22_.3 - Pre are Outreach Plan �� 4 0 8 _16 0 44 .2 Prouce Outreach Materials ? 44 L 12 58 ___.- t t Material - -__ 2 f6- 8 76 168 MediOutr acreach B0 ® - 40' - ®12 5 Adviso Gmu Meetin#2 B _ -8.. _ 76 _ 8 y fi 6 68 Deliveables: Agenda, Pamci ants List, Meeting Nofes, Comes of Outreach Materials, List ofA er ies, Organizations Distributing Outreach Material, Press Releases, NewslederAdiclas, Media list, Arcane, Padici ant List Sub -total Hours 16 24 104 0 24 18 32 28 12 0 0 156 414 Sub total Costs $2,720 $2,080 11,440 $0 $3,960 $3,510 _ $5,280 _ _ $3,760 $2,220 $0 _ $0 _ T $6,240 E3,000 $0 $200 $1,000 $4,200 Travel and Material Costs KTU+A 77040 KPA 6,530- KOA :. SAAS $82,050 Design Charrettes Communi Oesi nChanette 0 J.1 Tourthe study_withsteff and AdvisoyjGrouLrembers ___ _ 8 ___ _ 8 _24L. __ -12- _, _ 10 78 _ Hold 2- 3stakeholderyroupmeetin s 60120 minutes each Conduct walkingand bikin0audils _ 8 _ 8 8 _ 16 24 8___ B _ _ _ _ _ 12 4. 44 88 Hold opening community workshop in the evening with visioning and values exercises; including a presentation an how other similar allies 8 8 24 8 6 6 6 24 90 have implemented complete street changes, and community design Hold a community workshop with table exercises identifying preferred 18 16 ^� 48 16 70 6 18 10 60 210 complete street Vestments and design+ Spend several days on site in intense production developing 12 16 60 16 8 16 16 16 40 200 recommendations and illustrative graphics Closing workshop presentation of draft recommendations to the 8 8 24 8 8 6 12 76 community for feedback, comments and guidance Deliverables: Ssgna p Sheets from all public events, Results of Exeroises, Digital Presentations, Ph of ohs of DesinTa6le Msea and Events Sub -total Hours 60 72 220 64 62 0 12 0 6d 32 78 182 1 704 Sub -total Costs $10200 $8,640 324 %Or $6,400 $70,230 _11-4 $1,980 $0 $11,840 $4,000 $1,600 $7,280 Travel and Material Costs 1 $5,300 EO $500 $1,500 $7300 KTU+A §49,440 KPA.' 2,2 0.' KOA SAAS 7,20 86370 :., Draft 4.1 'Plan Critics 2 8 8 10 - ®. 28 _ .- ._..�_ ®_.____._�._���� ®__ 4.2 Ativisc�y Grp Meeting p3 ^.� ___._ 6 __ _ _.. 6 6 __._. _ 6 .® _. - -_ _.._ . 6 _._�. -_ . - -. __ ____ 72_ _ 42 4.3 Administrative Draft Plan 6 40 128 40 24 12 312 d,4 Draft Plan Comments is 82 16 _.ev.._.._- _8 4 126 d,5 Final Plan 4 _ 0 72 16 .__ _._.._ 10 110 4.6 Present Planto Policmakers 24 e� 24 0 16 4 68 Deliveables: Plan Outline, Ml Nodes, Draft Complete Street Plans, Comments, Final Complete Street Plan, Di ital Presenfa"m Meeting Nodes Sub -total Hansel 42 702 296 �n. 82 26 0 0 40 24 52 fi86 _ Sub -total Costs $7,140 $72,2401832,560 �...- _.- '._e.e.�._� $8,200 $8290 $0 $0 $0 $2,590 $0000 $2,400 _ $2,080 $0 SO SO §0 0 Travel and Material Costs KTWA §fi0,140 KPA 0. KOA SAAS ,0 77500 GRAND TOl Grand Total Hours per Staff 172 278 72fi 221 138 46 52 40 144_i_ 120 64 __ 502 0 _ _ 502,909 _ %of Total Contract Effort in HOUrs 0% 0% 0% _ 0% _ _ _ 0% 0% 0% _ 0% 0% i 0% 0% 0% 0% 100% Y _ Total Travel & Material Costs: KTUAl $9,900 KPAI $0 KOAI $6,20 1 SAASI 52,500 1 $42,424 Percent of Total: 79.7% uu% 46,9nn zu ilk Total Labor: KTWA $1fi4,5fi0 KPA $45720 KOA $400d0 BAAS $20,080 Percent of Total: 59,1% 16,4% 173% 7.2% GRAND TOTAL TRAVEL & MATERIALS $18,fi00 GRANDTOTALLABOR E278,400 GRAND TOTAL LABOR+ MATERIALS $297000 251 -22 EXHIBIT C 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 insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom 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 insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 251 -23 251 -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: AUTHORIZE PAYMENT TO SOUTHERN CALIFORNIA EDISON FOR DESIGN OF UNDERGROUND UTILITIES ON BRISTOL STREET (PROJECT NOS. 116741, 081700, & 136792) (NONGENERAL FUND) (STRATEGIC PLAN NO. 6, 1G } C� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one -time payment to Southern California Edison in an amount not to exceed $36,600 for the design of underground utilities on Bristol Street from Third Street to West Civic Center Drive, West Civic Center Drive to West Washington Avenue, and West Warner Avenue to West St. Andrew Place. DISCUSSION Approval of this recommended action will provide the City with a complete design for the undergrounding of utilities on Bristol Street. Advance payment is required by Southern California Edison (SCE) to provide the adequate resources for preparation of the plans and a cost estimate. The City will use the cost estimate to pursue and set aside adequate funding for the undergrounding projects, and the SCE design will assure that the undergrounding plans are completed to SCE standards. Following completion of the cost estimate and design, staff will bring back a report to Council with options to prioritize and fund the improvements, and to determine whether to perform the undergrounding on Bristol Street in conjunction with upcoming corridor improvements. Bristol Street is a major north -south transportation facility. Multi- phased improvements have long been planned for this high - priority, 3.9 -mile segment from Warner Avenue to Memory Lane. In general, the improvements include raised landscaped medians, bike lanes, bus turnouts, wide sidewalks, and roadway widening from two to three lanes in each direction. The design incorporates Complete Streets features which will accommodate increased pedestrian activity and future bike lanes designated in the new Draft Bicycle and Pedestrian Master Plan. The improvements will result in greater mobility for all users, enhanced streetscape aesthetics, and reduced traffic congestion. Undergrounding utilities on Bristol Street has been identified as a high priority for the City, It will improve public safety and property values while creating a more attractive and walkable corridor. Removing the above - ground utilities also eliminates obstruction and improves the efficiency of the right -of -way use for multimodal mobility. 25J -1 Payment to SCE for Design of Underground Utilities on Bristol Street September 1, 2015 Page 2 To begin the process of the removal, relocation, and replacement of SCE overhead electrical facilities along Bristol Street, SCE must develop a design that ensures all SCE facilities are properly coordinated with the City's project. The SCE fee to prepare this design is $36,600 for the following segments: • Bristol Street: Third Street to West Civic Center Drive (Phase 2) • Bristol Street: West Civic Center Drive to West Washington Avenue (Phase 3) • Bristol Street: West Warner Avenue to West St. Andrew Place (Phase 4) Upon approval by the City Council, staff will authorize SCE to proceed with development of the aforementioned design and initiate payment of the fee. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR No. 89 -01). In April 2014, the City Council approved addenda to the FEIS /EIR triggered by minor design modifications. FISCAL IMPACT Funds were appropriated in FY 2009/10 for the Bristol Street Improvements (Project Nos. 116741, 081700, and 136792) in the OCTA Bristol Street Corridor Improvements Fund (Account No. 05917661- 66220). The SCE fee will be distributed for payment in FY 2015/16 as follows: Project Account 11 -6741 059 -17- 661 -66220 08 -1700 059 -17- 661 -66220 Fred Executive Director Public Works Agency FM /EWG /ML Exhibits: 1. Location Map Amount $16,200 13,200 7,200 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25J -2 Q u u SEVENTEENT � �I I L_ - -1f ❑ ❑��� BBC I I RSHINGTGN �� ❑ n ❑D ❑D�oo SK ?P CIVIC CENTE Q ❑❑ O NA bo 0 oo..moo SANTA D D o0 0 0000 0 00 0 0000 FIRST � rT w 30 L C J CHEBTNUi J MILLI iS BISHOP J z O i c H N � CUBBaN s m U MCFADDEN � 3 BDRLHARp O Q O � 0] r` F-1 EST. ANDREW GLENM flllOOST. GERTRUOE ST. GERTRUDE WARNER A VE C9 3 w Q w PROJECT LOCATIONS O WARNER AVE. TO ST. ANDREW PL. O 3RD ST. TO CIVIC CENTER O CIVIC CENTER TO WASHINGTON AVE. CENTRAL [A p0 Pfl r EXHIBIT 1 DYER - I_ f- CDLUMBINE ❑ £ SANTA ANA PROJECT NOS. 116740,081700,136792 CITY COUNCIL PAYMENT TO SOUTHERN CALIFORNIA EDISON ,uSgember 1.2015 ON BRISTOL NSTREET (NON GENERAL FUND) PM c.a S MIK+ STRATEGIC PLAN NO. 6,1,G 25J -3 PACE 1 OF 1 25J -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: AGREEMENT WITH AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC., FOR COMMERCIAL/INDUSTRIAL INSPECTION & DATABASE MANAGEMENT (STRATEGIC PLAN NO. 6, 1 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with Amec Foster Wheeler Environment & Infrastructure, Inc., subject to non- substantive changes by the City Manager and City Attorney, to provide Environmental Consultant Services for the Commercial and Industrial Inspection and Database Management program, for a three -year term expiring August 31, 2018, with provision for two 1 -year extensions exercisable by the City Manager and the City Attorney, in an amount not to exceed $300,000 per year, for a total amount not to exceed $900,000 over the entire life of the agreement, including any renewal period(s). DISCUSSION Authorized by the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) permit program was established in 1972 to ensure that unlawful pollutant discharges do not enter the Nation's waterways. In California, this program is collectively regulated by of the State Water Resources Control Board and the nine Regional Water Quality Control Boards. The City, along with several other Orange County cities, is a co- permittee under the County of Orange NPDES permit (Order R8- 2009- 0030 -NPDES No. CAS618030). As a co- permittee, one of the requirements is to inspect commercial and industrial facilities and their operations within the Santa Ana jurisdiction for any potential discharge of pollutants into the storm drain system. Approval of this recommended action will allow the City to perform these inspection and database management services in compliance with the NPDES permit requirements. On April 13, 2015, staff issued a Request for Proposals (RFP) for Commercial /Industrial Inspection and Database Management Consultant Services, and posted the advertisement on the City's website. On May 4, 2015, seven environmental consulting firms submitted proposals. 25K -1 Agreement with Amec Foster Wheeler Environment & Infrastructure, Inc., for Commercial /Industrial Inspection & Database Management September 1, 2015 Page 2 Each proposal was evaluated and ranked by a review committee comprised of personnel from the Public Works Agency. Ranking criteria included the firm's qualifications, understanding the scope of work, work plan logic, clarity and specificity, consultant /sub - consultant qualifications, financial responsibility, and the schedule to perform the services. Following the evaluations and ranking of proposals, the proposed fees of the top ranked firms were evaluated. The table below summarizes the proposal rankings and their respective fees: Firm Score Proposed Fee Amec Foster Wheeler Environment & Infrastructure, Inc. 95 $677,820 CWE 86 $387,696 GSI Environmental, Inc. 84 $522,400 CASC Engineering and Consulting 82 $720,019 RBF Consulting 81 $619,755 John L. Hunter and Associates 72 NA Charles Abbott Associates, Inc. 61 NA Staff recommends awarding a contract to Amec Foster Wheeler Environment & Infrastructure, Inc., based on the extensive experience of their team of inspectors and their past work for the City of Santa Ana and for other similarly sized cities within Orange County. The proposal provided specific understanding and details of the required tasks, processes, and time involved in executing the inspection and database management services. The proposals with the lower proposed fees did not offer a sufficient level work effort to satisfactorily accomplish the requirements of the scope of services. The total three -year agreement compensation of $900,000 is structured with an annual fee of $225,940 plus a contingency of $74,060. The contingency provides for costs associated with increased annual inspections resulting from future permit requirements. Fiscal Year Contract Contingency Total 2015 -16 $225,940 $74,060 $300,000 2016 -17 $225,940 $74,060 $300,000 2017 -18 $225,940 $74,060 $300,000 Three -Year Total $900,000 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets). 25K -2 Agreement with Amec Foster Wheeler Environment & Infrastructure, Inc., for Commercial /Industrial Inspection & Database Management September 1, 2015 Page 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and available for expenditure in Fiscal Year 2015 -16, in the Federal Clean Water Protection Enterprise (NPDES Program) Account (No. 05717640- 62300), and will be budgeted in future years from the same account with the following distribution: FISCAL YEAR AMOUNT 2015 -16 $300,000 2016 -17 $300,000 2017 -18 $300,000 AGREEMENT TOTAL: $900,000 Public Works Agency FM /EWG /TC Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez 1 Executive Director Finance & Management Services Agency 25K -3 25K -4 PROFESSIONAL SERVICES AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 1ST day of September 2015 by and between Amec Foster Wheeler Environment & Infrastructure, 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 City desires to retain a consultant having special skill and knowledge in the field of NPDES inspection and database management services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: TERMS This Agreement shall commence on September 1, 2015 for a three (3) year term with the option for the City to grant up to two one -year renewal options exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 1. SCOPE OF SERVICES Consultant agrees to perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the City's Scope of Services as attached hereto as Exhibit A. Additional Agreement provisions are contained in Consultant's Response to RFP No. 15- 023, attached to and incorporated into this Agreement as Exhibit E. 2. SCHEDULE OF SERVICES Upon Notice to Proceed issued by the City, Consultant shall complete services and shall perform and deliver them to the City as described and detailed in Consultant's Scope of Services and Schedule attached as Exhibit B hereto and incorporated into this Agreement by reference. Consultant shall meet the work deliverables within the schedule and compensation approved herein. 3. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates, fees, and charges identified in Compensation - Exhibit C, as attached hereto and incorporated into 25K -5 this Agreement by reference, in an amount not to exceed $300,000, annually, for a total amount not to exceed $900,000 over the entire life of the Agreement, including any renewal period(s). 4. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer disks (CD)s, USB jump drives or equivalent, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Docli ments & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 5. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 6. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 7. PAYMENTS & INVOICES a. Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this Agreement shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Consultant's invoice number and City's agreement number. ii. Beginning and ending dates for services. Professional Services Agreement Amec Foster wheeler Environment & Infrastructure, Inc. September 1, 2015 Page 2 of 9 25K -6 iii. City Project and /or Task Order number and /or name (if applicable). iv. Work site address /location (if applicable). V. Tasks or deliverables completed, and percentage ( %) of total services completed. vi. Remaining Overall and Task Order budget available. City will, within 45 days of receiving such statement in a manner that meets the City's requirements, review the statement and subsequently pay the approved charges thereon. 8. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 9. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000, in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. Professional Services Agreement Amee Foster Wheeler Environment & In&astrnoture, Inc. September I, 2015 Page 3 of 9 25K -7 d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and $2,000,000 annual aggregate shall be maintained. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City, except for 10 days' notice for non - payment of premium. iv. Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 10. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Professional Services Agreement Amec Poster wheeler Environment & Infrastructure, Inc. September I, 2015 Page 4 of 9 25K -8 11. LAWS AND REGULATIONS Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure to comply with such laws, rules or regulations. 12. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 13. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement, as further specified in Certifications - Exhibit D, attached hereto and incorporated into this Agreement by reference. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the authorized representatives of the parties. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Professional services Agreement Amec Foster Wheeler Environment & Infrastructure, Inc. September 1, 2015 Page 5 of 9 25K -9 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product(s) shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations, and as further specified in Certifications - Exhibit D, attached hereto and incorporated into this Agreement by reference. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. The parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to Professional Services Agreement Amec Poster Wheeler Environment & Infinstructurre, Inc. September 1, 2015 Page 6 of 9 25K -10 obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copy to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5635 and: City Attorney City of Santa Ana P.O. Box 1988 M -29 Santa Ana, CA 92702 Fax: 714- 647 -6515 To Consultant: Pete J. Campbell, Vice President 121 Innovation Drive, Suite 200 Irvine, CA 92617 Facsimile (949) 642 -4474 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Professional Services Agreement Amee Foster wheeler Environment & Infrastructure, hie. September 1, 2015 Page 7 of 9 25K -11 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Professional Services Agreement Amer Foster wheeler Environment& Infrastructure, Inc. September 1, 2015 Page 8 cr9 25K -12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year as first above written. ATTEST: CITY OF SANTA ANA Maria D. Huizar David Cavazos Clerk of the Council City Manager APPROVED AS TO FORM: Sonia R. Carvalho City Attorney_____ Assistant City RECOMMENDED FOR APPROVAL: CONSULTANT: Fred Mousavipour Executive Director Public Works Agency Pete J. Campbell Vice President Amec Foster Wheeler Environment & Infrastructure, Inc. Professional Services Agreement Amee Foster Wheeler Environment & InRastruature, hre, September I, 2015 Page 9 of 9 25K -13 25K -14 Exhibit A Scope of Services 25K -15 Attachment 1 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR COMMERCIAL /INDUSTRIAL INSPECTION AND DATABASE MANAGEMENT CONSULTANT SERVICES RFP NO. 15 -023 SCOPE OF WORK DESCRIPTION The City of Santa Ana (City) is soliciting proposals from professional consulting firms to assist the City to inspect all commercial and industrial facilities as required by its Orange County Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) permit. The NPDES permit is issued by the Santa Ana Regional Water Quality Control Board (Regional Board). The City is a co- permittee of the NPDES Permit and is required to inspect all commercial and industrial facilities within its jurisdiction. The proposal requires submission of a Task Order Proposal to assist the City in continuing to implement its Commercial and Industrial Facility Inspection Program (Inspection Program). The City maintains a Commercial and Industrial Inspection Database to track all facility inspections. All work regarding inspection of facilities within the City's Commercial and Industrial Database will abide by the most currently adopted NPDES permit. The City of Santa Ana is a co- permittee of the 4'h Term NPDES Permit (Order No. R8- 2009 - 0030 -NPDES No. CAS618030). The Regional Board is currently in the process of adopting a new fifth term NPDES permit. Adoption of the fifth term NPDES permit is projected to be June 19, 2015. Following adoption of the fifth term NPDES permit, all work related to the Inspection Program will abide by the terms and requirements of the most currently adopted NPDES Permit. Based upon the second draft of the 5th term NPDES permit, the basis for commercial and industrial facility prioritization designations and subsequent inspection frequencies is not anticipated to increase the number of inspections. Proposals should include a proposed Scope of Services to address the Inspection Program for the first three years of a four year NPDES permit cycle. In accordance with the currently adopted NPDES permit requirements, the anticipated required commercial and industrial facility inspection frequencies are as follows: Industrial Facilities All high priority sites shall be inspected at least once a year, all medium priority sites shall be inspected at least once every two years; and all low priority sites shall be inspected at least once per permit cycle. Commercial Facilities All high priority sites shall be inspected at least once a year; all medium priority sites shall be inspected at least once every two years; and all low priority sites shall be inspected at least once per permit cycle. Based upon the City's Prioritized Commercial and Industrial Facility Inventory, the following facilities will need to be inspected during the next three fiscal years Attachment 1 - 1 25K -1 6 Attachment 1 City of Santa Ana Commercial Industrial Program Inspection Schedule FY 2015 -2018 PROJECT TASKS This Task Order Scope of Work consists of the following three tasks: Task 1 - Manage Commercial and Industrial Facility Inspection Program Database The Consultant shall ensure that the City Commercial and Industrial Facility Inspection Program Database comply with all database requirements of the NPDES permit including prioritization of all facilities. Consultant shall be responsible for providing City in a timely manner all data and related submittal requirements by the Regional Board pertaining to the Commercial and Industrial Facility Inspection Program as required by the NPDES permit. Submittals are to include quarterly updates and Annual Report Program Effectiveness Assessment (PEA) data submittals. The Consultant will also participate in periodic meetings with the City to update Inspection progress, discuss enforcements issues, provide recommendations for improving the Inspection Program based upon field experience, and maintain the Prioritized Commercial and Industrial Facility Inventory. The Consultant will assist in the long -term management of the Inspection Program and update the Prioritized Commercial and Industrial Facility Inventory with information from the City's most current business license database. The Consultant will provide the City via electronic mail summary status reports with monthly invoices. Task 2 - Conduct Facility Inspections, Inventory Management, and Enforcement Notifications The Consultant will conduct on -site facility inspections as outlined in the NPDES permit. As necessitated by field inspections, or as requested by the City, the Consultant will also investigate and respond to infractions or complaints related to the NPDES permit and the City's Water Pollution Regulations. As part of the requirements of this proposal, the Consultant will also outline procedures and methods for accomplishing this subtask by the prescribed schedule. Task 3 - Perform Additional Program Assistance as Needed The Consultant will provide additional technical and regulatory assistance related to the overall NPDES Program as requested by the City. This program assistance may include special inspections as requested, update of handouts for Best Management Practices (BMPs), Attachment 1- 2 25K-1 7 High Medium Low High Medium Low Year* Priority Priority Priority Priority Priority Priority Inspections ** Total Industrial Industrial Industrial Commercial Commercial Commercial 2015116 170 60 216 110 110 154 90 910 2016117 170 60 216 110 110 154 90 910 2017118 170 60 216 110 110 154 90 910 Total 510 180 648 330 330 462 270 2,730 * Updates and revision of Commercial & Industrial Facility Database based upon updated business license data could change inspection quantities. ** Assumes 10% Re- Inspections for follow -up after initial inspections. PROJECT TASKS This Task Order Scope of Work consists of the following three tasks: Task 1 - Manage Commercial and Industrial Facility Inspection Program Database The Consultant shall ensure that the City Commercial and Industrial Facility Inspection Program Database comply with all database requirements of the NPDES permit including prioritization of all facilities. Consultant shall be responsible for providing City in a timely manner all data and related submittal requirements by the Regional Board pertaining to the Commercial and Industrial Facility Inspection Program as required by the NPDES permit. Submittals are to include quarterly updates and Annual Report Program Effectiveness Assessment (PEA) data submittals. The Consultant will also participate in periodic meetings with the City to update Inspection progress, discuss enforcements issues, provide recommendations for improving the Inspection Program based upon field experience, and maintain the Prioritized Commercial and Industrial Facility Inventory. The Consultant will assist in the long -term management of the Inspection Program and update the Prioritized Commercial and Industrial Facility Inventory with information from the City's most current business license database. The Consultant will provide the City via electronic mail summary status reports with monthly invoices. Task 2 - Conduct Facility Inspections, Inventory Management, and Enforcement Notifications The Consultant will conduct on -site facility inspections as outlined in the NPDES permit. As necessitated by field inspections, or as requested by the City, the Consultant will also investigate and respond to infractions or complaints related to the NPDES permit and the City's Water Pollution Regulations. As part of the requirements of this proposal, the Consultant will also outline procedures and methods for accomplishing this subtask by the prescribed schedule. Task 3 - Perform Additional Program Assistance as Needed The Consultant will provide additional technical and regulatory assistance related to the overall NPDES Program as requested by the City. This program assistance may include special inspections as requested, update of handouts for Best Management Practices (BMPs), Attachment 1- 2 25K-1 7 Attachment 1 translation of materials into other languages, and other tasks related to improving the City's NPDES Program. This task will also include response to illegal discharges on the City's behalf. The Consultant will act on the City's behalf to ensure proper response and cleanup of discharges (into the public right -of -way) are accomplished according to NPDES permit requirements. The Consultant must have staff with proper demonstrated NPDES illegal discharge response training and have the capacity to respond to an illegal discharge and be able to respond at the scene within one -hour of City notification. The Consultant must be able to assist the City through this contract to provide the services needed. The Consultant shall utilize in -house staff and /or sub - consultants satisfactorily to the City to complete the assignments. For specialized work for which the prime Consultant will require a sub - consultant, the prime Consultant will serve as an administrative liaison between the City and the sub - consultant. The prime Consultant mark -up for sub - consultants shall not exceed 10 %. Attachment 1 - 3 25K -18 Exhibit B Scope of Services and Schedule 25K -19 Scope of Services and Schedule Work Approach Our proposed work plan is described in the section below. Our approach is based on years of experience completing this same type of work and developing efficiencies /knowledge needed to meet the MS4 Permit requirement and subsequent deadlines while providing business - friendly support to the City. Subtask No. 1— Commercial /ludustrial Facility Database Maintenance and Management Our project team will manage the City's industrial /commercial database in accordance with the specific requirements outlined in Orange County's MS4 permit and will meet the record protection practices outlined in the 5th term draft permit. Our team provides a seamless transition for this contract, based on our extensive experience with the City's database for the past 10 years and additional experience working with similar Microsoft Access databases on behalf of other cities. As part of our prior work with the City's database, we developed an automated reporting system to reduce the time and effort needed to generate the documents required under the permit. We will continue to use this system to provide status reports, generate the quarterly industrial notification reports as required in Permit Section VI - Legal Authority /Enforcement, and provide numbers to be used in the City's PEA Report. The anticipated schedule for submitting these reports is described within this section. Amec Foster Wheeler will perform an annual update and reptioritize the inventory and quarterly updates to include new businesses within the inventory. Through our prior work with the City's business license department and other City business license departments, our project team has developed an efficient procedure to repriorhtlze the City's inventory for the required businesses as specified in the County's MS4 Permit Sections IX and X using the City's Business Classification Code (BCC). In the event the City switches from the City's BCC, our project team can quickly adapt our procedures to reprioritize the inventory based on Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS) codes. With the extensive experience providing these services to the City, we are knowledgeable of the common pitfalls that may occur during this process, which may inadvertently result in the addition of hundreds of businesses in the inventory. Our prioritization procedures include the removal of businesses with duplicate business licenses, businesses with multiple business licenses, home -based businesses, businesses with the incorrect BCC code, and businesses that should not be included based on our past inspections. Our team also has extensive experience with using other online sources required for the inventory priori ization process including SWRCB's Storm Water Multiple Application and Report Tracking System (SMARTS) and Toxic Release Inventory (TRI). The data tables downloaded from these online sources are compared using unique identification numbers and critical data are imported, as necessary. This task also includes periodic meetings and phone calls to provide the City with updates on inspections, discuss enforcement issues, and to provide program recommendations. Our project team will also provide one annual kickoff meeting to be held at the City office for training documentation purposes. Project management hours for the review and submittal of monthly summary status reports with monthly invoices is also included in this task. Subtask No. 2: Facility Inspections, Inventory Management, and Enforcement Notification Our project team will conduct field inspections of commercial and industrial facilities to assess compliance with local water quality regulations and appropriate BMPs. As identified in the RFP, we have assumed 910 inspections per year will be required including follow -up inspections. Over the last 10 years, we have demonstrated that our project team can meet the inspection requirements using professional staff who are knowledgeable of permit requirements, are thoroughly familiar with the City inspection forms and use of the database, and have gone through our extensive training program before performing solo inspections. Our training program is based on the County's core competency program. Amec Foster Wheeler assisted in the development of this training program and we have also developed training programs on behalf of other cities. Commercial/Industrial Inspection and Database Management Consultant Services amecfw.com Page 10 of 13 25K -20 Amec Foster Wheeler also a QA /QC program, which includes having senior inspectors review each inspection record so the City knows the reports generated under this program meet die City's expectations. We understand the reports generated under this program are public documents and may be delivered to the facility or requested through a public records request. The reports generated through the City database will be complete and reflect conditions observed during the inspection. For the inspection program, our project team proposes on following protocols for announcing our inspections to the industrial /commercial facilities. We propose performing walk -in inspections at facilities covered under the industrial general permit since many of these facilities will recognize our inspectors and are knowledgeable of the City inspection program. For other industrial and commercial facilities, our costs include providing bilingual inspection announcement letters (English /Spanish) to notify businesses of the upcoming inspection. Once alerted, we will complete the inspections within a month. This approach is business - friendly, providing the business an opportunity to schedule the inspection. Our inspection team also uses the letter for our introductory discussion to obtain access to the facility. Amec Foster Wheeler staff will also have business cards available and our inspectors dressed in business casual attire to serve as representatives of the City. To facilitate efficiency and reduce travel time between inspections, inspectors will group daily inspections by geographic location. Typically, the groupings will be based on zip code. For major streets, we separate our inspections by odd and even street numbers. In addition to travel efficiencies, our inspectors are proficient at explaining the inspection program to obtain access. The initial discussion can result in a good or bad impression with these facilities, sometimes resulting in additional time explaining the program. Our training program works with the inspectors on how to make a good impression and to clearly explain the inspection program. This training program reduces the chances a facility denies access or contacts the City to ask questions about the inspector. Our inspector is also equipped with a field inspector "tool box" that includes appropriate BNIPs and public education information to provide to businesses. BMP information includes BMP handouts and pamphlets developed by the County, California Stormwater Quality Association (CASQA) BMP guidance materials, such as the new no exposure certification brochure and information on the new industrial permit. Our inspectors also have pH paper, camera, City- specific procedures, a copy of the health and safety plan, and extra copies of the inspection notification letters. Our inspectors will provide and document when BMP materials are provided to account for the educational outreach component of the inspection program. Once the inspection is complete, the inspection data are entered into the database and the record is reviewed in accordance with Amec Foster Wheeler's QA /QC program. During the inspection program, there will be cases of unauthorized discharges observed during the inspection and evidence of poor BMP implementation. Our inspectors causer on the City's behalf to help manage the response to these cases. As specified in the RFP, we have assumed there will be approximately 90 cases per year to track and provide follow -up inspections. We have assumed that we will provide a notification via email within 24 hours for discharge cases that do not pose a threat to human health or environment. The City will be notified immediately for cases that may pose a threat. For BMP implementation issues, we will complete one follow -up inspection and then notify the City if the business does not respond. Our project team will track the follow -up status and enforcement on these cases until they are properly documented and the case is closed. Our project team has successfully worked with the City under the last contract to develop an enforcement process that is effective and streamlined. Snbtask No. 3; Additional Program Assistance as Requested We understand that the City may require additional technical and regulatory assistance related to other aspects of the NPDES program. This may include special inspections as they occur, update of handouts for BMPs, development of fact sheets, translation of material into other languages, and other tasks related to improving the City's NPDES program. We have provided similar services to numerous municipal and industrial clients in southern California and have developed guidance materials, procedures and BMP handouts related to industrial /commercial, construction, and municipal activities. In addition, our staff has significant experience with California's Industrial and Construction General Permits and TNIDL monitoring programs. We are confident in our ability to provide expertise in each of the areas described further below. Commercial /Industrial Inspection and Database Management Consult 29Yrac _^ 1 amecfWoom Page 11 of 13 Technical and Regulatory Assistance Amec Foster Wheeler has assisted several municipalities with technical and regulatory assistance. Our project team has a thorough understanding of Orange County's MS4 permit, the County's DAMP, City's LIP, local water quality ordinances, and other NPDES permit requirements. We regularly develop comments on new regulations, permits, and TMDLs on behalf of clients. Our project team has demonstrated our knowledge to the City during recent audits by US EPA and RWQCB in which we successfully represented the City by providing reports, presentations, and inspections to demonstrate our knowledge of the permits and the assistance we provide. Development of BMPs and Translation of Materials Amec Foster Wheeler has extensive experience providing guidance to industrial and commercial dischargers. Having inspected and worked for thousands of industrial sites in Orange County, we understand the BMP implementation requirements at industrial and commercial sites. We have used this experience in the past to develop BMP guidance and training materials for many projects. We also have extensive experience in the design and installation of numerous structural treatment control BMPs for industrial sites. For this project, we will maintain a library of BMP resource materials to assist in the development of the program and we are always looking for additional resources and guidance documents to provide to dischargers. As an example, Amec Foster Wheeler recently added guidance documents for the no exposure certification (NEC) to our guidance document library and "tool boxes" so we can hand these materials out when applicable. Amec Foster Wheeler is a diversified consulting firm with employees fluent in various languages, including Spanish. We have extensive experience translating environmental documents into other languages and we are prepared to assist the City with any translation requirements necessary for this program. 'Water Quality Complaints We understand that this project may also involve responding to and investigating water quality complaints and reports related to the City's ID /IC program. Our project team has performed nearly 2,000 water quality investigations for the cities of Anaheim, Costa Mesa, and Santa Ana. We have worked closely with various city departments during many of these investigations. We understand the importance of having personnel readily available to respond to water quality complaints (within one hour or less) and have set up a redundant system with multiple authorized inspectors to provide the City support when needed. Each of our inspection staff members is equipped with cell phones to allow for prompt responses to emails and telephone calls from the City. We anticipate that our authorized inspectors will have open lines of communication with the City during the investigations similar to the communication we have had under the existing inspection contract. Following each ID /IC investigation, we will provide a detailed email summary with photographs and recommendations to the City within one business day of the incident. Schedule Inventory update Complete in August Kick -off Meeting /Annual training specific to the City Complete by October each year inspection program Update announcement letters October each year Send announcement letters in Typically, sent out monthly batches Inspections /re- inspections are performed (assumes 910 October to June each year inspections per year) Enforcement October to June each year discussions /phone calls Senior review of forms October to June each year Brent Smith & Kimberly Henry City representatives & Amec Foster Wheeler team Mike Lowther Amec Foster Wheeler administrative staff, Mike Lowther NPDES inspectors NPDES inspector involved, Mike Lowther and /or Brent Smith Brent Smith & Mike Lowther Commercial /Industrial Inspection and Database Management Consultant Services amecfw.com Page 12 of 13 25K -22 vuuo Lowther Quarterly schedule listed to Pre ate /submit draft ratted emit Submittal will be emailed P q y report to City p to City one week before Brent Smith & Mike Lowther submittal date. Quarterly schedule listed in Prepare /submit final quarterly available ' Brent Stith Se Mike Lowther report to City male final corrections ensure timely submittal. Update inventory Quarterly per permit Brent Smith & Kimberly Henry Prepare PEA Draft County To be completed by August each Excel tables and Chapter 9 Brent Smith & Mike Lowther Report year Prepare PEA Final Report To be completed by November Brent Smith & Mike Lowther (Chapter 9) .... each year _. Commercial /industrial Inspection and Database Management Consult2 $y icys y_2 ameeiw.com Page 13 of 13 25K -24 Exhibit C Compensation 25K -25 Attachment 1 TABLET 1. The NPDES Taspector classificadon includes the following Personnel /Labor Classifcatons —Tech Ptof 1, Tech Prof 2, and Tech Prof 3. 2. The Senior NPDES lnspeetot classification includes the following Personnel /Labor Classifications — Senior 1 and Sc rior 2. 3. Pursuant to the Cost Allocations in Request for Proposal we have included $20,000 with an example breakdown for this effort Atlaclnnent 1 - 5 25K-26 High Medium Low High Medium Low Priority Priority Priority Priority Priority Priority Commercial "Re. Year Industrial Industrial Industrial Commercial Commercial Inspections Total 2015/16 170 60 216 110 110 154 90 910 Year 201 5 /16 Subtask Total 1.0 Subtask No. 1— Commercial/Industrial Facility Database $33,080 Maintenance and Management Personnel /Labor Classification required for this Subtask: NPDES Inspector' 56 hours @ $105.00 — $5,880 Senior NPDES Inspector2 80 hours @ $130.00 = $10,400 Associate 96 hours @ $170.00 = $16,320 Senior II GIS Analyst 3 hours @ $16Q.00 — $480 Subtask No. 2 — Conduct Facility Inspections for Fiscal Year 2.0 2015/2016 $172,860 Personnel /Labor Classification required for this Subtask: NPDES Inspector 1150 hours @ $105.00 — $120,750 Senior NPDES Inspector 300 hours @ $130.00 m $39,000 Associate Scientist 32 hours @ $170.00 = $5,440 Project Assistant 60 hours @ $65.00 = $3,900 Postage 650 letters @ $0.49 = $319 Mileage 6000 Miles @ $0.575 = $3,450 Subtask No. 3 -- Additional Program Assistance as Requested 3.0 $20,000 Personnel/Labor Classification required for this Subtask: NPDES Inspector 32 hours @ $105.00 — $3,360 Senior NPDES Inspector 40 hours @ $130.00 — $5,200 Associate Scientist 60 hours @ $170.00 _ $10,200 Senior Associate 4 hours @ $180.00 = $720 Principal Engineer 2 hours @ $250.00 — $500 Mileage 35 Miles @ $0.575 = $20 Total Cost for Fiscal Year 201.5/1,6 $225,940 1. The NPDES Taspector classificadon includes the following Personnel /Labor Classifcatons —Tech Ptof 1, Tech Prof 2, and Tech Prof 3. 2. The Senior NPDES lnspeetot classification includes the following Personnel /Labor Classifications — Senior 1 and Sc rior 2. 3. Pursuant to the Cost Allocations in Request for Proposal we have included $20,000 with an example breakdown for this effort Atlaclnnent 1 - 5 25K-26 Attachment 1 TABLE 2 1, The NP17ES Inspector classification includes the Following Personnel /Labor Classificadons Tech Prof 1, Tech Prof. 2, and Tech Proi 3, 2. The Senior NPDrS Inspector classification includes the following Personnel /Labor Classifications — Senior 1 and Senior 2. 3. Pursuant to the Cost Allocations in Request for Proposal we have included $20,000 with an example breakdown for this effort, Attachment 1- 6 25K -27 High Medium Low High Medium Low Priority * *Re- Prlority Priority Prlorlty Priority Priority Commercial Inspections Year* Industrial Industrial Industrial Commercial Commercial Total 2015/16 170 60 216 1 110 110 154 90 910 Year 2016117 Subtask Total 1.0 Subtask No. 1. — Commercial/Industrial Facility Database $33,080 Maintenance and Management Personnel /Labor Classification required for this Subtask; NPDES Inspector' 56 hours @ $105.00 = $5,880 Senior. NPDES Inspector' 80 hours @ $130.00 = $10,400 Associate 96 hours @ $170.00 = $16,320 Senior II GIS Analyst 3 hours @ $160,00 = $480 Subtask No. 2 — Conduct Facility Inspections for Fiscal Year 2.0 2016/2017 $1.72,860 Personnel /Labor Classification required for this Subtask; NPDES Inspector 1150 hours @ $105.00 — $120,750 Seniot NPDES Inspector 300 hours @ $130,00 = $39,000 Associate Scientist 32 hours @ $170.00 = $5,440 Project Assistant 60 hours @ $65.00 = $3,900 Postage 650 letters @ $0.49 = $319 Mlleagc 6000 Miles @ $0.575 = $3,450 Subtask No. 3 — Additional Program Assistance as Requested 3.0 $20,000 Persoluiel /Labor Classification required for this Subtask; NPDES Inspector 32 hours @ $105.00 = $3,360 Senior NPDES Inspector 40 hours @ $130.00 = $5,200 Associate Scientist 60 hours @ $170,00 = $10,200 Senior Associate 4 hours @, $180.00 = $720 Principal Engineer 2 hours @ $250.00 = $500 Mileage 35 Miles @ $0.575 = $20 Total Cost for Fiscal Year 2016/17 $225,940 1, The NP17ES Inspector classification includes the Following Personnel /Labor Classificadons Tech Prof 1, Tech Prof. 2, and Tech Proi 3, 2. The Senior NPDrS Inspector classification includes the following Personnel /Labor Classifications — Senior 1 and Senior 2. 3. Pursuant to the Cost Allocations in Request for Proposal we have included $20,000 with an example breakdown for this effort, Attachment 1- 6 25K -27 Attachment 1 TABLE 3 1. The NPDES Inspector classification includes the following Personnel /Labor Classifications —Tech Prof 1, Tech Prof. 2, and Tech Prof 3, 2. The Senior NPDES Inspectot classification includes the following Personnel /Labor Classifications — Senior 1 and Senior 2 3. Pursuant to the Cost Allocations iu Request for Proposal we have inchided $20,000 with an example breakdown for this effort. Attachment I - 7 25K -28 High Medium Low High Medium Low Priority * *Re• Priority Priority Priority Priority Priority. Commercial Inspections Total Year Industrial Industrial Industrial Commercial Commercial 2015/16 170 60 216 110 110 1 1 90 910 Year 201711 8 Subtask Total 1.0 Subtask No. 1— Commercial/Industrial Facility Database $,33,080 Maintenance and Mana ement Personnel /Labor Classification required for this Subtask: NPDES Inspector' 56 hours @ $105.00 = $5,880 Senior NPDES Inspectors 80 hours @ $130,00 = $10,400 Associate 96 hours @ $170.00 = $16,320 Senior II GIS Analyst 3 hours @ $160.00 = $480 Subtaslc No. 2 — Conduct Facility Inspections for Fiscal Year 2.0 2017/2018 $172,860 Personnel /Labor Classification required for this Subtask: NPDES Inspector 1150 hours @ $105.00 — $120,750 Senior NPDES Inspectot 300 hours @ $130.00 = $39,000 Associate Scientist 32 hours @ $170.00 = $5,440 Project Assistant 60 hours @ $65.00 = $3,900 Postage 650 letters @ $0.49 = $319 Mileage 6000 Mlles @ $0,575 = $3,450 Subtask No. 3 — Additional Program Assistance as Reryuested 3.0 $20,000 Personnel /Labor Classification required for this Subtask: NPDES Inspector 32 hours @ $105.00 = $3,360 Senior NPDES Inspector 40 hours @ $130.00 = $5,200 Associate Scientist 60 hours @ $170.00 = $10,200 Senior Associate 4 hours @ $180.00 = $720 Principal Engineer 2 hours @ $250.00 = $500 Mileage 35 Miles @ $0.575 — $20 Total Cost for Fiscal Year 2017 118 $225,940 1. The NPDES Inspector classification includes the following Personnel /Labor Classifications —Tech Prof 1, Tech Prof. 2, and Tech Prof 3, 2. The Senior NPDES Inspectot classification includes the following Personnel /Labor Classifications — Senior 1 and Senior 2 3. Pursuant to the Cost Allocations iu Request for Proposal we have inchided $20,000 with an example breakdown for this effort. Attachment I - 7 25K -28 Attachment 1 TABLE 4 PART I — LIST OF KEY PERSONNEL Names Functions • Principal in Charge Nathan Schaedlex • As needed program assistance • Project manager /principal contact for the City • Management of commercial /industrial inspections Brent A. Smith • Database manager • As needed program assistance • Assistant project manager /backup contact for the City Michael Lowther • Management of commercial /industrial inspections • Senior NPDES Compliance Inspector • As needed program assistance Michael Wallace • Database management support Mahesh Mcttu • Senior NPDES Compliance Inspector Ellen Smith • NPDES Compliance Inspector Harry Wilfong • NPDES Compliance Inspector Kim Henry • NPDES Compliance Inspector Ted Von Bitner • As needed program assistance TABLE 5 PART Ii — LIST OF SUBCONSULTANT Sub - Consultant Name / Address Functions Amen Foster Wheeler will not ase subconsultants to meet the requirements of this RFP. A.ttadunent I - 8 25K -29 Attachment TABLE 6 PRICE SUMMARY SHEET SCHEDULE I - HOURLY RATES * Fully Burdened rate includes all overhead, general costs, administration costs and profit. Altaclunent 1 - 9 25K -30 job Title/ Fully Burdened Name Classification Job Function. Hourly Rate Nathan Schaedler Principal Engineer Principal in Charge $250 Project Manager; management of Brent A. Sn di Associate Scientist commercial /industrial $170 inspections; database manager; and as needed program assistance Ted Von 13imer Associate Scientist As needed program assistance $170 Michael Wallace Senior GIS Analyst Inventory Updatc (GIS) $160 Assistant project manager; management of commercial /industrial Michael Lowther Senior I Scientist inspections; Senior NPDES $130 Compliance Inspector; and as needed program assistance Mahcsh Mettu Senior I Engineer Senior NPDES Compliance $130 Inspector Ellen Smith Technical Professional II NPDES Compliance $'105 Inspector Harry Wilfong Technical Professional I NPDES Compliance $105 Inspector Kim Henry Technical Professional I NPDES Compliance $105 Inspector Barbara Russell, Project Assistant Mailers /Project $65 Administration * Fully Burdened rate includes all overhead, general costs, administration costs and profit. Altaclunent 1 - 9 25K -30 Exhibit D Certifications 25K -31 ATTACHMENT 3: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR _ COMMERCIAL/ INDUSTRIAL INSPECTION AND DATABASE MANAGEMENT CONSULTANT SERVICES RFP NO.: 15 -023 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constituA signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification,ttlay 6 $ject the certifier to criminal prosecution. Signed State ofCC County of Notary Public Seal • Y •]:1�ti�i�P�"3i?L�•Z•]161�!I�11 • 1� • Ir! CNS�J1�1 't'lltll.�l:l��i•1;i�I�Y =L Attachment 3 - 1 25K-32 �- ATTACHMENT C: NON- DISCRIMINATION BY CONSULTANTS CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR COMMERCIAL / INDUSTRIAL INSPECTION AND DATABASE MANAGEMENT CONSULTANT SERVICES RFP NO.: 15 -023 As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment and including, but not limited to, what is listed in the Non - Discrimination Clause in Exhibit 10 -V per: http: /(www.dot.ca.gov /hq /Local Programs /lam /forms(chapter10 /10v- 2013- 05- 14.docx and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. The same shall apply and be included in all sub - consultant agreements. WE AGREE SPECIFICALLY: To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM NAME Amec Foster Wheeler Environment & Infrastructure Inc TITLE OF PERSON SIGNING SIGNATURE AND PRINTED DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. THIS FORM MUST BE COMPLETED AND INQLMQg12 3MIJU JHF�P .PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Attachment 3 - 3 25K -33 ATTACHMENT 3: NON-LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR COMMERCIAL/ INDUSTRIAL INSPECTION AND DATABASE MANAGEMENT CONSULTANT SERVICES RFP NO.: 15 -023 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of anyfederal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a 'Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Sign Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Attachment 3 - 2 25K-34 Exhibit E Consultant Response to RFP No. 15 -023 25K -35 Tyrone Chesanek City of Santa Ana Public Works Agency From: Brent A. Smith, CPESC, QSb /QSP Amec Foster Wheeler Environment & Infrastructure, Inc. 25K -36 May 4, 2015 15PROP0010.0092 City of Santa Ana Attn: Tyrone Chesanek Public Works Agency M -22 20 Civic Center Plaza 3,d Floor, Ross Annex Santa Ana, CA 92701 Proposal to Provide Commercial /Industrial Inspection and Database Management Consultant Services RFP No. 15 -023 Santa Ana, California Dear Mr. Chesanek: Amec Foster Wheeler Environment & Infrastructure, Inc. (Amec Foster Wheeler) has been providing commercial /industrial inspection and database management consultant services to the City of Santa Ana (City) since 2004. Our team of seasoned professionals understand what the City expects and efficiently address the scope items of the contract year after year. Amec Foster Wheeler proposes to continue this relationship with the City by: 1) Managing the City's commercial and industrial facility inspection program database; 2) Conducting facility inspections, inventory management, and enforcement notifications; and 3) Performing additional program assistance as needed. We have assembled a group of highly qualified specialists, with extensive experience working on various NPDES program components for the County of Orange and cities within the County. We have developed a database /procedures that has and will continue to provide significant time and cost savings to the City. Amec Foster Wheeler staff assigned to this project will provide a high quality, technically accurate, reasonably priced, on -time product. We look forward to supporting the City on this important project. Should you have any questions regarding this submittal, please contact the undersigned at (949) 642 -0245. Best Regards, Amec Foster Wheeler Environment & Infrastructure, Inc. Brent A. Smith, CP -ESC QSP /QSD Nathan Schaedler, PF. Associate Scientist Principal Project Manager 121 Innovation Drive, Suite 200 Amec Foster Wheeler Environment & Infrastructure, Inc. Irvine, CA 92617 Western Region (949) 642 -0245 amecfw.com ©2015 Amec Foster Wheeler. All Rights Reserved. 25K -37 Table of Contents Payee Statementof Qualifications ................................................................................................................ ..............................1 ContractAgreement Statement ............................................................................................... ..............................1 Firmand Team Experience ..................... — ................................................................... ...... .................................. 1 Amec Foster Wheeler's Firm Profile and Financial Conditions ................................ ..............................1 Firm Experience for Services Requested ....................................................................... ..............................1 Team Experience for Services Requested ...................................................................... ..............................2 Understandingof Need ............................................................................................................ ..............................6 Outlineof Tasks ................................................................................................................. ..............................6 Areasof Concern ............................................................................................................... ..............................6 ProgramSuggestions ......................................................................................................... ..............................6 Relevant Project Experience .................................................................................................... ..............................7 References.................................................................................................................................. ..............................9 Scope of Services and Schedule ......................................................................................................... .............................10 WorkApproach .................................................... ........ .... ..... ... ...... .... ...... ....... ..... ... ...... ..- .......... ...... ... ..... ............. 10 Subtask No. 1 — Commercial /Industrial Facility Database Maintenance and Management ..............10 Subtask No. 2 Facility Inspections, Inventory Management, and Enforcement Notification ........... 10 Subtask No. 3: Additional Program Assistance as Requested .................................... .............................11 Technical and Regulatory Assistance ...................................................................... .............................12 Development of BMPs and Translation of Materials .......................................... .............................12 WaterQuality Complaints ........................................................................................ .............................12 Schedule...................................................................................................................................... .............................12 FeeProposal .............................................................................................................................. ............................... Separate Cover Certifications................................................................................................................................ ............................... Appendix C Table 1 — Qualifications of Proposed Team Table 2 — Other Relevant Projects Tables Appendices Appendix A — Key Resumes Appendix B - Industrial /Commercial Inspector Training Outline Appendix C - Certifications Commercial /Industrial Inspection and Database Management Consultant Services amecfw.com Page i 25K -38 Statement of Qualifications Contract Agreement Statement We are not proposing any technical or contractual deviations from the requirements in the Request for Proposal (RFP). Firm and Team Experience Amec Foster Wheeler's Firm Profile and Financial Conditions Amec Foster Wheeler (wcvw.amecftv.cm) designs, delivers and maintains strategic and complex assets for its customers across the global energy and related sectors. With pro -forma 2013 annualized scope revenues of $8.3 billion and more than 40,000 employees in more than 50 countries, the company operates across the whole of the oil and gas industry — from production through to refining, processing and distribution of derivative products — and in the mining, clean energy, power generation, pharma, environment and infrastructure markets. Amec Foster Wheeler shares are publicly traded on the London Stock Exchange and its American Depositary Shares axe traded on the New York Stock Exchange. Both trade under the ticker AMFW. Our clients can be assured that Amec Foster Wheeler has extraordinary financial strength and is not facing bankruptcy, pending litigation, planned office closures, or impending mergers in the foreseeable future. The Southern California offices of Amec Foster Wheeler boast more than 350 professional and support staff, including more than 80 storm water National Pollutant Discharge Elimination System ( NPDES) compliance staff, who are available to assist clients. We are able to provide global support while simultaneously providing more one- on -one assistance to clients such as the City of Santa Ana. Our firm and project team experience are described in detail below. Firm Experience for Services Requested Amec Foster Wheeler has extensive experience with the services requested by the City of Santa Ana (City) for this project and we have successfully completed similar services for the City since late 2004. Over the past 15 years, Amec Foster Wheeler's project team has provided NPDES compliance services to a variety of clients within Orange County, including several municipalities and industrial facilities. Our southern California municipal clients have included California Department of Transportation (Caltrans); the cities of Anaheim, Santa Ana, Costa Mesa, Newport Beach, San Diego, the County of Orange, the Ports of Los Angeles and Long Beach, and the County of Los Angeles. Our experience with these clients has included NPDES compliance inspections, database management, illegal discharge and illicit connection investigations, dry weather discharge investigations, training, and assistance with Program Effectiveness Assessments (PEAS) or reporting for these municipal clients. Since 2003, Amec Foster Wheeler's proposed team has completed more than 7,500 inspections at industrial and commercial facilities in accordance with the County of Orange Phase I Municipal Separate Storm Sewer System NPDES (Municipal Separate Storm Sewer System [MS4] Permit) and the County of Orange Drainage Area Management Plan (DAMP). These inspections included verifying business information, reviewing operations and potential pollutant sources, evaluating Best Management Practices (BMPs), providing educational materials, answering programmatic questions from businesses, taking photographs, and documenting inspection findings in an Access database. Amec Foster Wheeler's services have also included representing cities (including Santa Ana) and industrial dischargers in audits performed by US Environmental Protection Agency (US EPA) and Regional Water Quality Control Board (RWQCB). Our project manager and one of our Senior NPDES Inspectors have performed Commercial /Industrial Inspection and Database Management Consult2 LOSIK_A 9 amecfw.com Page 1 of 13 inspections on behalf of the cities during these audits and the audit findings reflect our professional and thorough evaluations that are conducted at these facilities. Amec Foster Wheeler also has an extensive training program for new NPDES inspectors. Before new inspectors perform solo inspections, more than 40 hours of joint inspections are performed with senior staff, inspectors are provided classroom tminings, and key background documents are reviewed. An example training outline that is used as documentation of our training program is included in Appendix B. Team Experience for Services Requested This section highlights the capabilities of the proposed project team. More detailed resumes for our principal -m- charge, project manager, and assistant project manager are provided in Appendix A of this proposal. Key personnel will be available to the extent proposed for the duration of the project and no key team members will be removed or replaced without prior agreement by the City. Within this section is an organization chart that presents the project team and delineates responsibilities /reporting relationships of the team. Information on our proposed team is provided below. Complete resumes beyond out principal -in- charge, project manager, and assistant project manager are available upon request. Nathan Schaedler — Principal in Charge; As Needed Program. Assistance Mr. Schaedler has managed and provided oversight for a team of 40 engineers, scientists, and technicians involved in implementing a variety of NPDES compliance, storm water, and urban runoff - related projects California for the past 22 years. Mr. Schaedler has managed more than $20 million in urban runoff- related projects that have spanned all aspects of urban runoff. These have included wet and dry weather monitoring, source identification studies, compliance with municipal and industrial storm water permit requirements, hydrology and hydraulic studies, evaluation of the effectiveness and costs of BMPs, BMP designs, development and implementation of Total Maximum Daily Load (TMDLs), preparation of storm water management plans, illicit connection studies, master planning, guidance manual development and regulatory negotiation and assistance. Mr. Schaedler has also managed more than $10 million in TMDL - related studies for San Diego County cities, Caltrans, Big Bear Lake, and others over the past two years. His TMDL experience has focused on a variety of different pollutants (i.e., nutrients, sediment, bacteria, and mercury) for lakes, rivers, and the Pacific Ocean throughout California. Brent Smith, CPESC, QSD /QSP -- Project Manager, Management Commercial /Industrial Inspection Program; Database Manager; As Needed Program Assistance Mr. Smith will be the project manager for this project. Mr. Smith has managed numerous projects in Orange County and throughout southern California involving municipal NPDES permit compliance and inspections of industrial /commercial sites. He has successfully managed the work described in the RFP for Santa Ana, Anaheim, and Costa Mesa. He understands the regulatory framework in Orange County and has been actively involved in the development of training programs for City inspectors and Amec Foster Wheeler staff to perform this work. He also brings significant technical knowledge in a variety of other MS4 permit requirements such as the new development and significant redevelopment programs, construction, and municipal programs and has extensive experience with the City's PEA report. Mr. Smith also has extensive experience under the industrial general permit. He is currently managing several large industrial programs including John Wayne Airport's storm water program and he is a Group Leader for the California Schools Monitoring Group (CSMG) and will be the Compliance Group Leader under the new perm t. Michael Lowther, CPESC - Management Commercial /Industrial Inspection Program; Senior NPDES Compliance lnspector; As Needed Program Assistance Mr. Lowther will be the individual to step in should the project manager, Brent Smith, CPESC, QSP /QSD, be unavailable. Mr. Lowther has extensive experience with the industrial and municipal NPDES permitting requirements, as well as, Orange County's Phase I Municipal Permit and the DAMP. He has worked with the City of Santa Ana since 2004 and is intimately familiar with the City's expectations and requirements for this contract. Mr. Lowther has also worked with numerous other Orange County Cities including Anaheim and Costa Mesa. Mr. Lowther's industrial experience includes assisting numerous dischargers with compliance under the new industrial Commerclal /Industrial Inspection and Database Management Consultant Services amecfw.com Page 2 of 13 25K -40 permit, assisting dischargers with no exposure certifications (NECs), training, monitoring, and assisting group monitoring programs. Michael W. Wallace— Database Management Support Mr. Wallace's qualifications include more than 17 years of experience with geographic information system (GIS), Global Positioning Systems (GPS), modeling support, database automation, and database management. This experience includes database design, management, acquisition, conversion, and implementation. Mr. Wallace's experience also includes more than 20 years in environmental consulting industry. Mahesbwar Mean, PE — Senior NPDES Compliance Inspector Mr. Mettu has more than 13 years of professional experience in the environmental industry and has been providing a range of consulting and management services for private and public sector clients. He has also been involved in variety of compliance projects related to business plans, storm water, spill prevention & control, waste management, facility compliance audits, and air emission inventories. He has prepared and /or revised Spill Prevention Control and Countermeasure (SPCC) and Storm Water Pollution Prevention ( SWPPP) plans for industrial sector facilities and plans in California. Mr. Mettu has also been assisting various clients in project planning and implementation of environmental site characterizations, remedial investigations, and remediation of sites where soils and groundwater were contaminated by solvents and hydrocarbons. He has worked with the City since 2012. Ellen Smith - NPDES Compliance Inspector Ms. Smith provides 16 years of expertise in geology and hydrogeology, with emphasis on groundwater characterization contaminated by hazardous substances. She has directed site characterizations, remedial investigations, remedial action planning, and remediation of site where groundwater was contaminated by hydrocarbons, solvents, metals, oilfield wastes, or pesticides. Her field activities have included well construction design and supervision, aquifer testing and analyses, water quality sampling, and implementation of remedial systems. Over the last two year, she has completed hundreds of industrial /commercial inspections on behalf of various cities. Harty Wilfoug - NPDES Compliance Inspector Mr. Wilfong provides over a year of environmental consulting experience. He has successfully inspected several industrial /commercial businesses under Santa Ana's inspection program over the last fiscal year; assisted numerous dischargers with SWPPP updates under the new industrial permit; assisted dischargers with monitoring and inspection requirements under the 1997 industrial permit; assisted industrial facilities with air quality permitting, stack testing, and site perimeter air monitoring; and assisted industrial facilities with other compliance inspection programs such as SPCC. Kim Henn - NPDES Compliance Inspector Ms. Henry is a recent college graduate who has extensively studied nutrient and ionic concentrations in surface water due to seasonal variations and management practices. In addition, she has collected and tested water samples for alkalinity, electric conductivity, total hardness, total dissolved solids, chloride, and sulfate. Ms. Henry has operated specialized equipment, including YSI 556 multi- parameter probe, ion chromatography systems, and Hach spectrophotometer to measure field parameters and concentrations. Ms. Henry is assisting numerous dischargers with SWPPP updates under the new industrial permit and has attended numerous presentations and training seminars under the industrial permit. Ms. Henry is currently being trained as an industrial /commercial inspector. Ted Von Biner, PhD — As Needed Program Assistance Dr, Von Bitner has more than 13 years of experience in environmental science and program management of water quality related compliance programs for various city and county level government agencies. His experience has included managing the municipal NPDES Phase I storm water permit and TMDL monitoring programs, developing complex environmental studies to support watershed and jurisdictional level strategic planning efforts, and preparing annual program effectiveness assessment reports of the monitoring programs. Dr. Von Bitner specializes in MS4 monitoring program implementation. His experience includes helping a number of southern California municipal agencies to complete monitoring program evaluations to translate technical findings into management level decision information. Dr. Von Bitner has helped city and county agencies to conduct in -depth Commercial lndustdal Inspection and Database Management Consul 25611l amecfw.com Page 3 of 13 monitoring program re- evaluations to identify regional water quality priorities, reorganize and reprioritize agency resources to improve monitoring effectiveness, and provide technical consulting services to extract management level information from compliance based programs to develop strategic watershed BMPs. Table 1- Qualifications of Proposed Team Nathan Schaedler BS, Civil Engineering, Professional Civil Engineer, As needed Cornell University CA #57618 Certified Professional in Erosion and Sediment BS, Environmental Science, Control, Reg. # 5585, Brent A. Smith University of California, Qualified SWPPP 10% -'.. Santa Barbara Developer / SWPPP '.. Practitioner (QSD /QSP), CASQA, No. 01105, 2011 BS, Environmental Certified Professional in Michael Lowther Engineering, California Erosion and Sediment 20% Polytechnic State University, Control, CPESC No. 6187, San Luis Obispo 2011 Michael Wallace BS, Geology, California State N/A As needed _. _. University, Long Beach MS, Civil and Environmental Professional Civil Engineer, Mahesh Mettu Engineering, University of CA #76447 As needed New Orleans Ellen Smith BA, Geology, Occidental N/A 20% College _ BS, Chemical Engineering, Harry Wilfong University of California, Los N/A 20% Angeles MS, Geological Sciences Kim Henry (option in Environmental N/A 25% Hydrogeology), California State University, Los Angeles PhD, Inorganic Chemistry, University of California Los Angeles Ted Von Bitner N/A As needed BS, Chemical Physics, University of California San Diego As demonstrated above, our project team has more than sufficient resources to meet the City inspection requirements due to the allotted time to complete these inspections and considering the inspections may be spread out over the fiscal yeas. For efficiency, Amec Foster Wheeler will typically perform inspections in groups to maxim ze effort and complete as many inspections as possible. In addition, our project team has demonstrated to the City over the past ten years that we can have staff available with relatively short notice. Amec Foster Wheeler's project manager and assistant project manager are devoted to this project and will respond quicldy to as needed services. Our project team also consists of several backup inspectors and additional resources that may be required to assist the City on request. Commercial /Industrial Inspection and Database Management Consultant S�rvLrass42 amecfw.com Page 4 of 13 Organizational Chart Commercial /Industrial Inspection and Database Management Consult 208'wrx_43 amecfw.com Page 5 of 13 Understanding of Need Amec Foster Wheeler's has included an outline which demonstrates the firm's understanding of the work. The outline includes the anticipated approach, tasks necessary for successful completion, and deliverables. These tasks are described further in the Scope of Services and Schedule. Suggestions or special concerns the City should be made aware of is also included below. Outline of Tasks I. Project kick -off and introductions (Subtask 1) 2. Inventory update (Subtask t) 3. Annual training specific to the City inspection program (Subtask 1) 4. Update announcement letters (Subtask 2) 5. Send announcement letters (Subtask 2) 6. Inspection /re- inspections and population of the database records (Subtask 2) 7. Enforcement discussions /phone calls with City (Subtask 1) S. Senior review of forms and inventory management (Subtask 2) 9. Mail completed inspections forms (Subtask 2) 10. Prepare and submit draft quarterly report deliverable (Subtask 1) 11. Prepare and submit final quarterly report to the City via email (Subtask 1) 12. Perform quarterly inventory update (Subtask 1) 13. Prepare Draft PEA County Excel Tables and Chapter 9 Microsoft Word report for City review (Subtask 1) 14. Prepare Final PEA County Excel Tables, Chapter 9 Microsoft Word report, and backup supporting documents including photos and database (Subtask 1) 15. Perform additional program assistance as needed (Subtask 3) Areas of Concern Through years of experience performing inspections at industrial /commercial sites, we have experience dealing with difficult situations including hostile business representatives. Safety of the business representatives, City staff, and our inspectors is the most critical area of concern. Our inspectors are familiar with typical safety hazards associated with field inspections at various industrial and commercial operations. When a serious hazard is present that prevents safe completion of a site inspection, the inspection will be stopped immediately and the City will be notified. Our field staff are 40 -hour HAZWOPER certified and are familiar with the general safety precautions including the proper use of personal protective equipment (PPE), safe driving techniques, and traffic control. Prior to inspections, Amec Foster Wheeler staff will discuss with the business representatives about site - specific safety requirements. At a minimum, field personnel will adhere to the safety requirements prescribed by the individual facilities being inspected. Amec Foster Wheeler also has a project health and safety plan that is located within each inspector's tool box. The health and safety plan includes notification requirements in the event an incident occurs, critical information such as emergency room locations nearby, and required safety measures. Program Suggestions Amec Foster Wheeler is always looking for ways to improve our inspection programs. With years of experience, we have optimized our procedures so our staff perform inspections efficiently while providing the necessary information to the business representatives. With offices statewide implementing similar programs, we are always discussing strategies incorporated by other Cities that could be included in our inspection programs. If improvements can be made, the project manager will discuss these recommendations with City staff. An example improvement would be the process for sharing data between the City and our inspection team. Amec Foster Wheeler has extensive experience developing web- based /GIS file sharing systems which may provide additional Commemial /Industrial Inspection and Database Management Consultant Services amecfw.com Page 6 of 13 25K -44 efficiencies over the long term of the program. If interested, Amec Foster Wheeler can provide costs for these database upgrades or demonstrate applications developed for other municipalities. Over the last 14 years working on these inspection programs, we have also observed a large discrepancy between NPDES inspectors. This is typically due to lack of training and employee turnover for other firms or City staff. Our senior inspection staff have years of experience and we have developed an extensive training program for new inspectors to avoid this common pitfall. This training program provides a tremendous value providing consistency among inspection staff and improves the quality of the work. We have also provided this training to Cities interested in having their own staff perform inspections. A copy of our Training Guidelines are included in Appendix B. Because of resources available, we do not plan to have subcontractors assist with this inspection program. We also assume that this contract is not split between two consulting firms. There are efficiencies and cost savings with having one firm perform these inspection. In addition, our extensive training program is completed to have consistency between inspection staff including documentation requirements. Subcontractors or other consulting firms may not meet Amec Foster Wheeler's quality assurance /quality control (QA /QC) programs that may result in additional effort. Relevant Project Experience Amec Foster Wheeler's proposed team has also completed thousands of inspections at industrial facilities on behalf of Amec Foster Wheeler's industrial and municipal clients as described in the firm experience. Project descriptions for the representative projects completed within the last five years and similar to the work solicited in the RFP are described below. Industrial /Commercial NPDES Compliance Inspections, City of Santa Ana, California Amec Foster Wheeler has assisted the City of Santa Ana with implementation of several aspects of their Phase I MS4 NPDES permit inspection program for the past ten years. Amec Foster Wheeler has performed thousands of inspections at industrial and commercial facilities and assisted the City with the development of a comprehensive database to track inspection results. Inspections involved evaluation of BMPs and distribution of educational materials to businesses. Amec Foster Wheeler also performed re- inspections for facilities that were found to be non - compliant. Inspections were performed in accordance with the City's Local Implementation Plan (LIP), local water quality ordinances and Phase I MS4 Permit issued by the Santa Ana RWQCB. In addition to the facility inspection program, Amec Foster Wheeler assisted the City with response, investigation and documentation of Illicit Discharge /Illicit Connection (ID /IC) compla nts and completion of a portion of the annual PEA. During the last contract period, our project team has successfully represented the City during audits with the RWQCB and US EPA. City of Anaheim Phase 114IS4 NPDES Program For the City of Anaheim, Amec Foster Wheeler has assisted the City with the implementation of several aspects of the Phase I MS4 Permit program (City is a co- permittee under County of Orange MS4 Permit), including NPDES compliance inspections, construction site evaluations, Water Quality Management Plan (WQMP) verification and operation and maintenance inspections, guidance manual and procedure development, source investigation studies, and annual program effectiveness assessment reporting. Amec Foster Wheeler has developed a variety of procedures and guidance materials for the City's NPDES program, including a detailed guidance manual on the implementation of the ID /IC program. We have inspected thousands of industrial and commercial facilities to assist the City of Anaheim comply with Phase I MS4 permit obligations, including Orange County's DAMP and the City's LIP. Inspections included detailed BMP evaluations and recommendations, if necessary. Amec Foster Wheeler previously responded to NPDES - related complaints throughout the City. Several of these inspection programs have transitioned Commercial /Industnal Inspection and Database Management Consul2855 ylc _45 amecfw.com Page 7 of 13 to the City's Code Enforcement Department. Amec Foster Wheeler continues to support these programs through inventory development, on -going training, assistance with cases as needed, and PEA support. Amec Foster Wheeler continues to support the City's other NPDES programs including the WQNIP inspection programs, administering the SWRCB Proposition 84 Grant requirements for the City, assisting with municipal inspections, and assistance with their PEA. Our project team works with the various departments for reporting purposes associated with the City's PEA. Amec Foster Wheeler has also managed bacteria source investigations for the City in response to elevated bacteria sample results observed in the Santa Ana Project Team: Brent River and Anaheim Bay — Huntington Harbor Watersheds. These investigations Smith, Mike Lowther, were initiated by the County of Orange Countywide Dry Weather Monitoring Ellen Smith, Harry Program that involved sampling for various constituents within at major storm Wilfong.. drains /channels within each watershed. A variety of techniques were used to identify sources of bacteria including mapping the storm and sewer drains, dye testing, flow monitoring, sampling, and confined space entry to identify potential cross - connections. Amec Foster Wheeler also used the City's GIS system to identify land -uses within the watershed to focus the detailed source investigation efforts. City of Costa Mesa — Dry Weather Source Investigation and NPDES Compliance Inspections Amec Foster Wheeler has assisted the City of Costa with implementation of their industrial /commercial NPDES inspection program for the past six years. Amec Foster Wheeler has performed nearly 1,000 inspections of industrial and commercial facilities and assisted the City develop and maintain a database to track inspection results. In addition, Amec Foster Wheeler has assisted the City perform NPDES inspections of municipally operated facilities (corporate yards, police stations, etc.). Inspections were performed have used tablet computers in the field with inspectors uploading data weekly. In addition to industrial /commercial inspection services, Amec Foster Wheeler performed a detailed dry weather flow study for the City. Storm drain outlets in the major flood control channels were visually observed to document the presence of flow and the associated flow characteristics. If flow was observed, field analysis was performed and samples were collected. Field staff initiated upstream flow investigations when visual observation and field test results indicated potentially elevated pollutant levels. _. __... Storm Water Consulting Services, Orange County, California I Requested Information Amec Foster Wheeler has provided storm water consulting services to John Year Completed: '1996- Wayne Airport for more than 12 years. The services performed by Amec Foster 2008; 2014 to present Wheeler included developing storm water compliance documents, establishing Client: John Wayne and /or documenting appropriate storm water BMPs, storm water sampling, Airport, analysis, auditing compliance programs of airport tenants, data interpretation, reporting, and training. Storm water inspections are also performed as required Contact: Larry Serafini, by the industrial and MS4 permits. In addition, Amec Foster Wheeler assists with (949) 252-5270 reviewing WQMPs and inspections of structural treoment controls (both verification and operation and maintenance). Storm water sampling for this Project Team: Brent project involved installing, configuring, and maintaining several automated storm Smith, Mince Lowther water sampling systems. Amec Foster Wheeler prepared a comprehensive SWPPP and monitoring program plan that covers the entire airport, including activities of multiple carriers, tenants, and outside contractors, This SWPPP is currently being updated for the new industrial permit. Annual training includes classroom setting trantings for the fixed based operators (or airlines). Commercial /Industrial Inspection and Database Management Consultant Services amecfw.com Page 8 of 13 25K -46 Other Relevant Experience Table 2 below sufnmarizes the projects described above along with additional projects related to NPDES permit compliance. Table 2 — Other Relevant Projects City of Santa Ana • • • • • • • • City of Anaheim • . • • • City of Costa Mesa _ • . . . . . John Wayne Airport • • • • • California Schools Monitoring Group • • • Scrap Metal Recyclers • • City of Banning . • • County Sanitation Districts of Los Angeles County ! • Group Monitoring (services provided to —500 dischargers) Ports of Los Angeles /Long Beach Tenants • • County of San Diego • • . . • . • • San Diego International Airport • • • • • • • • References We have included client contact information with our project descriptions above, and encourage you to contact those fisted to gain a better understanding of Amec Foster Wheeler's commitment to quality work and schedule. Commercial /Industrial Inspection and Database Management Consul'215yjc _47 amecfw.com Page 9 of 13 Scope of Services and Schedule Work Approach Out proposed work plan is described in the section below. Our approach is based on years of experience completing this same type of work and developing efficiencies /knowledge needed to meet the MS4 Permit requirement and subsequent deadlines while providing business - friendly support to the City. Subtask No. 1— Commercial /Industrial Facility Database Maintenance and Management Our project team will manage the City's industrial /commercial database in accordance with the specific requirements outlined in Orange County's MS4 permit and will meet the record protection practices outlined in the 56' term draft permit. Our team provides a seamless transition for this contract, based on our extensive experience with the City's database for the past 10 years and additional experience working with similar Microsoft Access databases on behalf of other cities. As part of our prior work with the City's database, we developed an automated reporting system to reduce the time and effort needed to generate the documents required under the permit. We will continue to use this system to provide status reports, generate the quarterly industrial notification reports as required in Permit Section VI - Legal Authority /Enforcement, and provide numbers to be used in the City's PEA Report. The anticipated schedule for submitting these reports is described widnm this section. Amcc Poster Wheeler will perform an annual update and reprioritize the inventory and quarterly updates to include new businesses within the inventory. Through our prior work with the City's business license department and other City business license departments, our project team has developed an efficient procedure to reprioritize the City's inventory for the required businesses as specified in the County's MS4 Permit Sections IX and X using the City's Business Classification Code (BCC). In the event the City switches from the City's BCC, our project team can quickly adapt our procedures to repriornize the inventory based on Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS) codes. With the extensive experience providing these services to the City, we are knowledgeable of the common pitfalls that may occur during this process, which may inadvertently result in the addition of hundreds of businesses in the inventory. Our prioritization procedures include the removal of businesses with duplicate business licenses, businesses with multiple business licenses, home -based businesses, businesses with the incorrect BCC code, and businesses that should not be included based on our past inspections. Our team also has extensive experience with using other online sources required for the inventory prioritization process including SWRCB's Storm Water Multiple Application and Report Tracking System (SMARTS) and Toxic Release Inventory (TRI). The data tables downloaded from these online sources are compared using unique identification numbers and critical data are imported, as necessary. This task also includes periodic meetings and phone calls to provide the City with updates on inspections, discuss enforcement issues, and to provide program recommendations. Our project team will also provide one annual kickoff meeting to be held at the City office for training documentation purposes. Project management hours for the review and submittal of monthly summary status reports with monthly invoices is also included in this task. Subtask No. 2: Facility Inspections, Inventory Management, and Enforcement Notification Our project team will conduct field inspections of commercial and industrial facilities to assess compliance with local water quality regulations and appropriate BMPs. As identified in the RFP, we have assumed 910 inspections per year will be required including follow -up inspections. Over the last 10 years, we have demonstrated that our project team can meet the inspection requirements using professional staff who are knowledgeable of permit requirements, are thoroughly familiar with the City inspection forms and use of the database, and have gone through our extensive training program before performing solo inspections. Our training program is based on the County's core competency program. Amec Foster Wheeler assisted in the development of this training program and we have also developed training programs on behalf of other cities. Commercial /Industrial Inspection and Database Management Consultant Services amecfw.com Page 10 of 13 25K -48 Amec Foster Wheeler also a QA /QC program, which includes having senior inspectors review each inspection record so the City knows the reports generated Linder this program meet the City's expectations. We understand the reports generated under this program are public documents and may be delivered to the facility or requested through a public records request. The reports generated through the City database will be complete and reflect conditions observed during the inspection. For the inspection program, our project team proposes on following protocols for announcing our inspections to the industrial /commercial facilities. We propose performing walk -in inspections at facilities covered under the industrial general permit since many of these facilities will recognize our inspectors and are knowledgeable of the City inspection program. For other industrial and commercial facilities, our costs include providing bilingual inspection announcement letters (English /Spanish) to notify businesses of the upcoming inspection. Once alerted, we will complete the inspections within a month. This approach is business - friendly, providing the business an opportunity to schedule the inspection. Our inspection team also uses the letter for our introductory discussion to obtain access to the facility. Amec Foster Wheeler staff will also have business cards available and our inspectors dressed in business casual attire to serve as representatives of the City. To facilitate efficiency and reduce travel tine between inspections, inspectors will group daily inspections by geographic location. Typically, the groupings will be based on zip code. For major streets, we separate our inspections by odd and even street numbers. In addition to travel efficiencies, our inspectors are proficient at explaining the inspection program to obtain access. The initial discussion can result in a good or bad impression with these facilities, sometimes resulting in additional time explaining the program. Our training program works with the inspectors on how to make a good impression and to clearly explain the inspection program. This training program reduces the chances a facility denies access or contacts the City to ask questions about the inspector. Our inspector is also equipped with a field inspector "tool box" that includes appropriate BMPs and public education information to provide to businesses. BMP information includes BMP handouts and pamphlets developed by the County, California Stormwater Quality Association (CASQA) BMP guidance materials, such as the new no exposure certification brochure and information on the new industrial permit. Our inspectors also have pH paper, camera, City- specific procedures, a copy of the health and safety plan, and extr a copies of the inspection notification letters. Our inspectors will provide and document when BMP materials are provided to account for the educational outreach component of the inspection program. Once the inspection is complete, the inspection data are entered into the database and the record is reviewed in accordance with Amer: Foster Wheeler's QA /QC program. During the inspection program, there will be cases of unauthorized discharges observed during the inspection and evidence of poor BMP implementation. Our inspectors can act on the City's behalf to help manage the response to these cases. As specified in the RFP, we have assumed there will be approximately 90 cases per year to track and provide follow -up inspections. We have assumed that we will provide a notification via email within 24 hours for discharge cases that do not pose a treat to human health or environment. The City will be notified immediately for cases that may pose a threat. For BMP implementation issues, we will complete one follow -up inspection and then notify the City if the business does not respond. Our project team will track the follow -up status and enforcement on these cases until they are properly documented and the case is closed. Our project team has successfully worked with the City under the last contract to develop an enforcement process that is effective and streamlined. Subtask No. 3: Additional Program Assistance as Requested We understand that the City may require additional technical and regulatory assistance related to other aspects of the NPDES program. This may include special inspections as they occur, update of handouts for BMPs, development of fact sheets, translation of material into other languages, and other tasks related to improving the City's NPDES program. We have provided similar services to numerous municipal and industrial clients in southern California and have developed guidance materials, procedures and BMP handouts related to industrial /commercial, construction, and municipal activities. In addition, our staff has significant experience with California's Industrial and Construction General Permits and TMDL monitoring programs. We are confident in our ability to provide expertise in each of the areas described further below. Commercial /Industrial Inspection and Database Management Consul ipq($Wcys_4A amecfw.com Page 11 of 13 Technical and Regulatory Assistance Amcc Foster Wheeler has assisted several municipalities with technical and regulatory assistance. Our project team has a thorough understanding of Orange County's MS4 permit, the County's DAMP, City's LIP, local water quality ordinances, and other NPDES permit requirements. We regularly develop comments on new regulations, permits, and TIVIDI,s on behalf of clients. Our project team has demonstrated our knowledge to the City during recent audits by US EPA and RWQCB in which we successfully represented the City by providing reports, presentations, and inspections to demonstrate our knowledge of the permits and the assistance we provide. Development of BNIPs and Translation of Materials Amec Foster Wheeler has extensive experience providing guidance to industrial and commercial dischargers. Having inspected and worked for thousands of industrial sites in Orange County, we understand the BMP implementation requirements at industrial and commercial sites. We have used this experience in the past to develop BMP guidance and training materials for many projects. We also have extensive experience in the design and installation of numerous structural treatment control BMPs for industrial sites. For this project, we will maintain a library of BMP resource materials to assist in the development of the program and we are always looking for additional resources and guidance documents to provide to dischargers. As an example, Amec Foster Wheeler recently added guidance documents for the no exposure certification (NEC) to our guidance document library and "tool boxes" so we can hand these materials out when applicable. Amec Foster Wheeler is a diversified consulting firm with employees fluent in various languages, including Spanish. We have extensive experience translating environmental documents into other languages and we are prepared to assist the City with any translation requirements necessary for this program. Water Quality Complaints We understand that this project may also involve responding to and investigating water quality complaints and reports related to the City's ID /IC program. Our project team has performed nearly 2,000 water quality investigations for the cities of Anaheim, Costa Mesa, and Santa Ana. We have worked closely with various city departments during many of these investigations. We understand the importance of having personnel readily available to respond to water quality complaints (within one hour or less) and have set up a redundant system with multiple authorized inspectors to provide the City support when needed. Each of our inspection staff members is equipped with cell phones to allow fox prompt responses to emails and telephone calls from the City. We anticipate that our authorized inspectors will have open lines of communication with the City during the investigations similar to the communication we have had under the existing inspection contract. Following each ID /IC investigation, we will provide a detailed email summary with photographs and recommendations to the City within one business day of the incident. Schedule Inventory update Complete in August Kick -off Meeting /Annual training specific to the City Complete by October each year inspection program Update announcement letters October each year Send announcement letters in Typically, sent out monthly batches Inspections /re- inspections are performed (assumes 910 inspections per year) Enforcement discussions /phone calls Senior review of forms October to June each year October to June each year October to June each year Brent Smith & Kimberly Henry City representatives & Amec Foster Wheeler team Mike Lowther Amec Foster Wheeler administrative staff, Mike Lowther NPDES inspectors NPDES inspector involved, Mike Lowther and /or Brent Smith Brent Smith & Mike Lowther Commercialandustri@I Inspection and Database Management Consultant Services amecfw.com Page 12 of 13 25K -50 tnau comptetea inspection forms Lowther Brent Smith & Mike Lowther Brent Smith & Mike Lowther Brent Smith & Kimberly Henry Brent Smith & Mike Lowther _ P P p y Brent Smith & Mike Lowther (Chapter 9)_ _ each year Commercial /Industrial Inspection and Database Management Consult $fyV _5 1 amecfw.com Page 13 of 13 Quarterly schedule listed in Prepare /submit draft quarterly permit. Submittal will be emalled report to City to City one week before submittal date. Quarterly schedule listed in Prepare /submit final quarterly available able to 'make ec report to City ions final corrections ensure _... timely submittal. Update inventory Quarterly per permit Prepare PEA Draft County Excel tables and Chapter 9 To be completed by August each Report year Pre are PEA Final Re ort To be to leted b November Lowther Brent Smith & Mike Lowther Brent Smith & Mike Lowther Brent Smith & Kimberly Henry Brent Smith & Mike Lowther _ P P p y Brent Smith & Mike Lowther (Chapter 9)_ _ each year Commercial /Industrial Inspection and Database Management Consult $fyV _5 1 amecfw.com Page 13 of 13 iNm Key Resun 25K -52 Nathan Schaedler, PI Principal -in- Charge Core shills ► Storm Water Program Management ► NPDES Compliance ► Source Identification Studies ► Hydraulic Studies ► BMP Evaluations Professional sunnnany a� A As a project manager and business unit leader at Amec Foster Wheeler, Mr. Schaedler has managed and provided oversight for a team of 20 engineers, scientists, and technicians involved in implementing a variety of storm water and urban runoff - related projects California for the past 16 years. Mr. Schaedler has managed mote than $20 million in urban runoff - related projects that have spanned all aspects of urban runoff. These have included wet and dry weather monitoring, source identification studies, compliance with municipal and industrial storm water permit requirements, hydrology and hydraulic studies, evaluation of the effectiveness and costs of BMPs, BMP designs, development and implementation of TMDLs, preparation of storm water management plans, illicit connection studies, master planning, guidance manual development and regulatory negotiation and assistance. Mr. Schaedler has also managed more than $2 million in TMDL - related studies for northern San Diego County cities, the California Department of Transportation, Big Bear Lake, and others over the past two years. His TMDL experience has focused on a variety of different pollutants (i.e., nutrients, sediment, bacteria, and mercury) for lakes, rivers, and the Pacific Ocean throughout California. Mr. Schaedler has also managed the implementation of the first Area of Special Biological Significance (ASBS) programs in the state, including those for the University of California, San Diego (UCSD), Scripps Institution of Oceanography, Caltrans, and Cities of Monterey and Pacific Grove. Professional qualifications /registration(s) Professional Engineer - Civil Engineering (California) #C57618 F,ducation BS, Civil Engineering, Cornell University Representative ptojects As- Needed Storm Water 1 and Consulting Services for the Cay of San Diego Stoma Water Deparunew, San Diego, C,1 Responsible for providing oversight for dry and wet weather monitoring for the City of San Diego to further characterize the City's storm drain system discharges to the Chollas Creek and B St/ Downtown Anchorage drainage areas. Dry weather monitoring consisted of both sediment and water sampling. Wet weather monitoring included temporary wet weather sites selected to characterize runoff from a larger drain shed and land use sites selected to characterize runoff from specific land use sites for modeling purposes. As- Needed Water Qualitc /Quantity Services, CountA of San Diego, C,1. Project manager for 13 task orders totaling more than $9001. Responsible for managing a providing oversight for a team of engineers, scientists and technicians involved in assisting the County navigating compliance with existing and forthcoming requirements attributed to TMDLs and the Municipal Regional Permit (MRP). Services also include water quality and flow monitoring; review of Pollutants of Concern; watershed monitoring; dry weather monitoring; TMDL, SWPPP development; a soil erosion BMP evaluation study; and, revision of monitoring plans. E�,,on�ta 25K -53 `cfwcom r,s�nof2 Nathan Schaedler, PE Southern California Coastal Wiwi Research Program (SCCX "RP) Wet: Wrather Monitoring Progr:un (Multiple Task Orders) San Diego, Orange, Ventura, Riverside and Los.ingcics ('ounties, CA Project manager for more than $600,000 in task orders. Projects included various monitoring programs to support water quality models used to assess and develop TMDLs, storm water flow monitoring and sample data collection to model contributions of pathogens, nutrients, and trace metals over a 48 -hour storm to support the Bacterial TMDL for Ballona Creels, and monitoring of dry and wet weather flows from seven mass emission sites, and 24 mixed land use watershed sites in support of TMDL assessments for bacteria, nutrients, pesticides, and trace metals in the Santa Monica Bay, Los Angeles Rivet, Ballona Creek, Dominguez Channel and San Gabriel River watersheds. San Diego County= Regional Airport Authorite (SI.)CRA,-A) BMP Program, l lvdrologic and Stormwater Seri ices, San Diego International Airport, CA Oversees the development of a BMP program for the San Diego International Airport to meet the requirements of SDRWCB Municipal Permit Order 2001 -01. The project includes performing a hydrology and hydraulic assessment of the drainage system, evaluating existing storm water conveyance system and treatment facilities, performing a tidal surge study to mitigate contaminated sediments, evaluating potential pollutant sources, evaluating compliance with existing state, federal, and local storm water and environmental regulations, developing recommendations for BMPs for existing facilities and planned expansions, and preparing a Storm Water Master Plan, Capital Improvement Plan (CIP), and CIS application. Storm Water Management Plan and BMP Program, UCSD/Scripps Institution of Oceanography, San Diego, CA Managed the development of a Storm Water Management Plan and BMP Program for UCSD and Scripps in conjunction with state and federal regulatory and environmental stakeholders such as the San Diego RWQCB, City of San Diego, and Baykeeper. The project implements many of the conditions issued in Scripps NPDFS Permit for discharging into the adjacent Marine Life Refuge, an ASBS. The project included: (1) developing the UCSD Storm Water Management Plan for the more than 1,000 -acre campus and the Scripps portion of the La Jolla Coastal Watershed Management Plan; (2) conducting a hydrology assessment of the watersheds; (3) determining the capacity of the Scripps Watershed drainage system; (4) selecting and prioritizing various structural and non - structural BMPs for implementation throughout the campus; (5) preparing preliminary designs and cost estimates for high priority structural BMPs; (6) developing a CIP to implement these BMPs; (7) helping prepare various grant proposals; (8) developing conceptual designs of options to divert dry weather flows to protect the California coastline. Caltrans Technical and Professional Storm Water Quality iblonitoring and Reporting Services (Contract 43,\0208), Caltrans Districts 1, 2, and 4, CA Project manager for the implementation of 16 task orders totaling more than $4 million. These task orders have included developing and implementing Water Pollution Control Plans, evaluating the water quality performance of open graded /gap graded pavement, monitoring discharges into ASBS, performing long -term characterization studies, evaluating the performance of vegetated embankments alongside roadways, conducting studies and preparing plans to comply with the mercury and nutrient TMDLs within the Cache Creek and Clear lake watersheds, and monitoring the performance of bioretention cells constructed to treat runoff from the San Francisco - Oakland Bay Bridge. Caltrans Storm \Water Monitoring Servvtces (Contract 43,\0035), StatcNiide, C.A Project manager for more than $10 million in storm water-related services. These services included evaluating the performance and conducting operation and maintenance of 24 different types of BMPs, including: Media Filters, Wet Ponds, Dry Detention Ponds, Bioswales and biostrips, Infiltration Basins and Trenches, Hydrodynamic Separators, Catch Basin Inserts, and Oil /Water Separators. Mr. Schaedler also led a three -year, $5 million statewide study to characterize runoff from various Caltrans facilities, including freeways, maintenance stations, park and rides, rest areas, and toll plazas using automated monitoring equipment. This study has supported the development of pollutant load models and TMDLs, compliance with NPDES permits, and evaluation of applicable BMPs. 15PROP0010.0092 am 6v.com Page 2of2 25K -54 g Brent A. Smith, CPLSC, QSD /QSP � } Associate Scientist amec foster Core skills wheeler ► Storm Water Program Management ► NPDES Permit Compliance (including Municipal, Industrial, Construction) ► Flow Monitoring and Sampling System Design ► Proposition 84 Grant Funding Support ► Spill Prevention Control and Countermeasure (SPCC) ► Facility Response Plans (FRP) ► Industrial Wastewater Permittin¢ Professional summary Mr. Smith is an associate scientist with more than 15 years of experience providing environmental compliance consulting for a wide variety of projects and clients. Mr. Smith has assisted many clients with NPDES regulations and permitting including MS4, industrial, construction, and dermhumus permits. Mr. Smith's responsibilities have also included storm water program management, flow measurement and sampling system design, SWPPP preparation, site inspections, evaluation and recommendation of storm water BMPs, field monitoring, training, database development, and interpretation of analytical results for monitoring programs. Mr. Smith has also provided litigation support for several clients and assisted many facilities with other compliance programs such as SPCC plans, Facility Response Plan (FRP), and Hazardous Materials Business Emergency Plans (HMBEP); and industrial wastewater permitting. Mr. Smith is currently managing compliance projects for several of the largest municipalities in Orange County and storm water programs for large industrial facilities such as John Wayne Airport. Ms. Smith is the Group Leader for the CSMG and will be the Compliance Group Leader under the new permit. Professional qualifications /registration(s) Certified Professional in Erosion and Sediment Control, Reg. # 5585 Qualified SWPPP Developer / SWPPP Practitioner (QSD /QSP), CASQA, No. 01105, 2011 Qualified Storm Water Pollution Prevention Plan Developer for the Scrap Metal Permit, Order No. R8- 2012 -0012, Certificate #SMQSD -005 Fducation B.S., Environmental Science, University of California, Santa Barbara, 1999 Memberships /affiliations California Storm Water Quality Association Industrial Environmental Coalition of Orange County Representative projects Municipal. NPDES Program, Santa Ana, CA Project manager for an industrial and commercial NPDES inspection program and assisted with the development and implementation of the program. For this project, an Access database was designed to track commercial and industrial inspections for the City's municipal storm water program. The database included logging inspection data, photo logs, triggers for future inspections, signature capture, and data summary reports. Inspection records were reviewed and quarterly and annual reports were developed for the City. Additional tasks included representing the City during audits with the RWQCB and US EPA. Trainings were also provided to City and Amec Foster Wheeler staff. '15PROP0010,0092 25K -55 nmecsv,com Paget oft Brent A. Smith, CPESC, QSD /QSP Municipal NPDES Program, Anaheim, CA Project manager for an as needed NPDES compliance program, which included municipal inspections, industrial /commercial inspections, significant redevelopment inspections, preparation of SPCC plans, Proposition 84 grant funding assistance, and annual report assistance. Details of some of these programs are described below. Assisted with the development and implementation of a comprehensive NPDES compliance inspection program. The project included inspecting several hundred industrial and commercial facilities to assist the City of Anaheim comply with City's Municipal storm water program obligations. The inspections met the requirements of Orange County's DAMP and the City's LIP. As an "Authorized Inspector" for the City of Anaheim, responded to various NPDES related complaints and performed numerous commercial and industrial facility inspections. These inspections included documentation of potential sources of non -storm water discharge and evaluation of BMPs in place at each facility. Recommendations were made to the facilities if areas of non - compliance were identified and inspection findings were tracked in an Access database. If illicit non -storm water discharges were observed during inspections, samples were collected and analyzed for the appropriate constituents. Additional tasks included writing Notice of Non - Compliance letters and designing the database to log data, log photos, make weekly summary reports, trigger future inspections, and to summarize the data for the Progress Annual Evaluation Report. Also assisted in the development of a training program. Assisted the City of Anaheim with developing and implementing a new development and significant redevelopment inspection program to meet the City's municipal storm water program obligations. The inspection program included the review of the City's WQMPs, conducting field verifications of structural treatment controls installed, and reviewing of operation and maintenance of post - construction BMPs. Also assisted the City of Anaheim update construction storm water compliance documents associated with a street widening project. The compliance documents included a storm water pollution prevention plan (SWPPP) and a, construction site monitoring program (CSMP). In addition, assisted the City setup their SMARTS account and with uploading the Permit Registration Documents (PRDs) for several projects. Reviewed SWPPPs and water pollution control plans (WPCPs) developed by contractors and consultants for municipal construction projects under General Permit Order No. 99- 08 -DWQ. Recommendations were provided related to BMP appropriateness and permit compliance. Municipal NPD ES Program, Costa Mesa, C.1 Project manager for the City of Costa Mesa's NPDES inspection program. Assisted with the development and implementation of an industrial and commercial NPDES inspection program. The inspection program tasks are similar to the support provided to the cities of Santa Ana and Anaheim. NPI)ES Progrram. Compliance, john \C avne .\ ieport, Orange County, CA Task manager for storm water compliance for John Wayne Airport. Assists airport with regulatory program compliance tasks including the industrial storm water permit, construction program, planning support, and MS4 permit. These tasks include assisting with sampling and analysis program which uses automated samplers to collect samples from qualifying storm events. After samples are taken, the sample results are evaluated. Storm water inspections are also performed as required by the industrial and MS4 permits. BMPs are evaluated during inspections and recommendations are provided to airport management and construction contractors. Also assisted the airport with annual storm water training and oversight tasks such as maintenance of clarifiers associated with the industrial wastewater permits and oil/water separators used for storm water treatment. Annual training includes classroom setting trainings for the fixed based operators (or airlines). 15PROP0010.0092 ¢me<6v.com P,g 2 f 25K -56 Michael Lowther, CIPESC Senior Scientist ► NPDES Permitting ► SWPPP Preparation ► Best Management Practices Evaluations Professional summary Mr. Lowther previously worked for the RWQCB and has experience working closely with clients to assess water quality and identify appropriate streambed, riparian, and wetland mitigation measures and BMPs. Mr. Lowther is also has extensive experience with the industrial and municipal NPDES permitting requirements. He is also familiar with Orange County's Phase I Municipal Permit and the DAMP. Professional gnahfica6ons /registration(s) Certified Professional in Erosion and Sediment Control, CPESC No. 6187, 2011 Education BS, Environmental Engineering, California Polytechnic State University, San Luis Obispo, 2004 Memberships /affiliations California Storm Water Quality Association American Society of Civil Engineers National Ground Water Association Representative projects NPDES Compliance Inspections, City of Santa Ana, CA Performed facility audits at industrial and commercial sites to evaluate facility compliance with MS4 permit requirements and DAMP. Has conducted thousands of inspections on behalf of the City. The storm water inspections included evaluation of current business practices that may have potential discharges generated by the facility and recommended interim action of BMP. Tasks also included working with the City representing the City during RWQCB and US EPA audits, assisting the City with annual and quarterly reporting requirements, and training. Municipal NPDf,S Program, Costa Mesa, C\ Performed facility audits at industrial and commercial sites to evaluate facility compliance with MS4 permit requirements and DAMP. The inspection program is similar to the program completed for the City of Santa Ana, NPDES Compliance Inspections, City of Anaheim, CA Investigated various NPDES related complaints and performing facility audits at industrial and commercial sites to evaluate facility compliance with RWQCB storm water requirements with drainage area management plans. The audit included evaluation of current business practices that may have potential discharges generated by the facility and recommended interim action of BMP. BMP Evaluation / A css_inent, Various Locations, CA as experience identifying and applying the appropriate BMPs according to a projects objectives, engineering plans, and Environmental Impact Report. Experienced with projects involving road realignments through wetlands, harbor dredging, commercial and urban developments, bridge construction, culvert installation, riparian, and wetland 151'ROP0010.0092 25K -57 =m &,,xc m Page 1 d2 Michael Lowther, CPESC restoration. Also experienced in evaluating BMPs at industrial facilities to assess compliance with the SWRCB's industrial general permit. N PDES Compliance Inspections, American Assoctaton of Airport Executives, Chcnncal Batch Process ng, California Paint Council, California Wineries, National Juice Products Association, Metal Rm clers, Various Locations, CA Involved in all aspects of permit compliance including site inspections, evaluation of storm water sampling results, preparation of SWPPPs, Monitoring Program Plans (MPPs), and annual reports. l,os .Angeles Basin Al atcr Augmentation, Los Angelcs Watershed Council, Los Augcles County, CA storm water samples to assess the effectiveness of infiltration BMPs. In addition to the stone water sampling, he has experience collecting soil moisture and ground water samples. The combination of the storm water, soil moisture, and ground water sample data from the various infiltration burp sites is used to assess the potential impacts of storm water runoff on ground water quality. WQMP Development, Orange COnn@, CA Developed WQMPs for new development or significant redevelopment projects (priority and non - priority projects) in the County of Orange. Also developed appropriate non- stmctural and structural treamnent control BMPs for pollutants typically expected to be found at parking lots and industrial facilities. [Ivdcologc ;Analysis and Storm Water Treatment Control BMP Development/Selection, Southern California Performed storm water hydrology runoff analysis and sizing treatment control BMPs at scrap metal recycling and processing facilities in California (Pick Your Part, Ekco Metals, and Vi -Cal Metals) with pervious and impervious ground cover in Los Angeles County and Orange County. Determined storm water runoff velocities, volumes, detention basin sizing requirements and erosion control BMPs at partially developed and undeveloped sites in Los Angeles County, Orange County and Riverside County. Also determined estimated costs for structural BMPs, treatment control BMPs and supported infrastructure along with developing conceptual designs demonstrating how structural and treatment control BMPs would be installed at a particular facility. Erosion and Sediment Control Monitoring for Highway 330, San Bernardino Counts, CA Assisted in the completion of a six month state of emergency highway repair project to restore the primary highway that traverses through National Forest System land and through San Bernardino County Mountains which was damaged by landslides that occurred in December 2010. During this project Mr. Lowther worked closely with the U.S. Forest Service, U.S. Fish and Wildlife Service, and Caltrans. Responsibilities included oversight of construction activities to prevent impact to the Schenk and City Creek and recommending BMPs within the construction area. Provided daily erosion and sediment control monitoring during repairs of the highway, culverts, and two large landslide areas. Oversight included daily observations of activities, daily field records, vehicle inspection logs (to ensure they were free of debris, invasive species, soil, etc.), daily sediment and erosion monitoring forms, and weekly report submittals. 15PROP0010.0092 nmecf v com Pag 2 42 25K -58 Appendix B Industri; Training 25K -59 Industrial /Commercial Inspector Training Outline North Orange County MS4 Permit Required Background Training /Education ❑ 40 -Hour HAZWOPER Training ❑ Must be proficient with Microsoft Access and Excel (internal training provided) General Background Materials /Resources to be Reviewed (provided on CD) ❑ County of Orange MS4 NPDES Permit (RB- 2009 -0030 — Amended by R8- 2010 -0062) Review entire permit, with focus on Section IX and X. ❑ Drainage Area Management Plan, Section 9 and 10 (Existing Development and ID /IC) ❑ Model Investigative Guidance for the Orange County ID /IC Program ❑ NPDES General Permit for Discharges of Storm Water Associated with Industrial Activity Inspector must have an understanding of the requirements of this permit and how they relate to the MS4 permit and the inspections /ID /IC investigations performed. Inspector must also be able to identify whether a facility appears to require coverage under the Permit. ❑ NPDES General Permit for Discharges of Storm Water Associated with Construction Activity Inspector must have a general understanding of the requirements of this permit and how they relate to the MS4 permit and the inspections /ID /IC investigations performed. ❑ County of Orange Enforcement Consistency Guide (only if assisting City with enforcement activities) ❑ CASQA Industrial /Commercial BMP Handbook All inspectors should have a box of BMP materials for distribution as necessary when performing field inspections. BMP materials will be composed of CASQA BMPs, County BMP handouts and City- specific BMPs. DAMP Section 9 refers to BMP associated with specific industrial /commercial operations. ❑ Standard Industrial Classification Manual (1987) and OSHA SIC Code web -site http://www.osha,gov/pls/imis/sicsearch. html Inspector must be able to identify whether a facilities existing SIC appears correct and suggest /note what SIC may be more appropriate. City Specific Background Materials Database Training Training includes data entry, synchronization, and any other information that is necessary to efficiently use the tracking database. These databases are developed based on each city's inspection form and program requirements. Local Implementation Plan for City, Section 9 and 10 Local Water Quality Ordinance Review applicable ordinance and understand what type of release constitutes a violation under the ordinance. Page 1 of 3 25K -60 Industrial /Commercial Inspector Training Outline North Orange County MS4 Permit Internal City Procedures /Documents If the City has developed procedures or guidance materials for enforcement, investigation, etc. (these would be aside from the LIP), the inspector should read and be familiar with these procedures. This includes appropriate contact lists for the City. Each inspector must be familiar with the procedure to follow when an illicit discharge or illicit connection is observed in the field during the course of an inspection. At a minimum, a call must be placed to the project manager and a follow -up e-mail with an explanation of the incident and associated photos must be sent within 1 business day of the observation. This information will be forwarded to the City. If the release appears to be an immediate threat to human health or the environment, the City (or 911 if appropriate) will be called immediately. Pollution Notification Investigation Report (PNIR) Review PNIR form and documentation requirements for City regarding tracking of ID /IC investigations. Field Training Perform 40 -hours of Joint Inspections with experienced inspector Joint inspections should focus on a cross - section of the industrial and commercial facilities that may be encountered. 24 -hours of joint inspections should be performed with the Al performing training taking the lead on the inspection. The remaining 16 -hours of joint inspections should be lead by the trainee. At a minimum, joint inspections will be performed at the following types of facilities: • High Priority Industrial Sites (covered under Industrial General Permit) — choose 3 -4 representative facilities (scrap /recycling, chemical manufacturing, auto dismantling) • Medium /Low Priority Industrial Sites — Inspect 2 -3 facilities (machine shops, wood working /cabinetry) • Commercial Facilities — Inspect 3 -4 commercial operations. Inspections should focus on sites from the following list: automotive repair, nurseries, tile /marble cutting (in some cases may be classified as industrial), landscaping, painting /coating, carpet cleaning, and car washes. Initial Solo Inspections Inspector will perform one day of solo inspections following 40 -hours of joint inspections and the lead inspector /project manager review (see below). Following the first day of inspections, the inspector will meet with the project manager to discuss the sites inspected and observations made at each site. The lead inspector /project manager will also review the completed inspection forms prior to sending the inspector out on additional solo inspections. Review of Field Inspection Forms All inspection forms are reviewed by the lead inspector /project manager prior to being sent out. Suggestions regarding consistency and interpretation as well as any other comment are provided to the inspector for review and revision, as necessary. Office /Classroom Training Review General Presentation on Industrial /Commercial Inspection Program Includes introduction language and step by step activities to complete NPDES inspection. Includes examples of scenarios encountered in the field and discussion of liability associated with performing inspections. Page 2 of 3 25K -61 Industrial /Commercial Inspector Training Outline North Orange County MS4 Permit Review (or attend if offered) Inspector Training Modules developed by the County Existing Development Program Management Part 1 C /I /M Inspector Field Im lementation Municipal Facility Model Maintenance Procedures ID /IC Program Management Al Field Implementation Sewage Spill Response Investigative Guidance Dry Weather Reconnaissance Lead Inspector /Project Manager Review Following the initial 40 -hours of joint inspections, lead inspector /project manager will review completed inspection forms and ask inspector to describe what the inspection program involves. This will include several questions (questions attached) related to scenarios that may be encountered in the field. Materials to be taken in the Field by Inspector (Inspector "tool box ") ❑ Educational Material /BMP materials box ❑ Laptop computer with City Inspection Database /Inventory and copy of City storm drain system ❑ Notebook with reference materials, including City- specific procedures and site access letter. Also includes table with pollutants potentially associated with various types of operations. ❑ Cell -phone ❑ Digital camera (with extra batteries) ❑ Sample containers ❑ pH strips ❑ Personal protective equipment (safety glasses, hard hat, steel -toed boots) Other Activities Inspectors are trained on storm water sampling procedures and the use of automated sampling and flow measurement equipment. Attend CASQA Meeting /Seminars Internal a -mails are sent out when an inspector encounters a situation that is out of the ordinary. Regular interaction /discussion between inspectors is encouraged. Inspector Name: Inspector Signature: Project Manager Review: 25K -62 Page 3 of 3 .Appendix C Certifica 25K -63 ATTACHMENT 3: NON - COLLUSION AFFIDAVIT CERTIFICATIONS J CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR COMMERCIAL / INDUSTRIAL INSPECTION AND DATABASE MANAGEMENT CONSULTANT SERVICES RFP NO.: 15 -023 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitu signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification tray 5l by ject the certifier to criminal prosecution. Signed State oft.0 County of Notary Public Seal THIS FORM MUST BE Q9MPLETE2 AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Attachment 3 - 1 25K -64 ATTACHMENT C: NON - DISCRIMINATION BY CONSULTANTS CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR COMMERCIAL/ INDUSTRIAL INSPECTION AND DATABASE MANAGEMENT CONSULTANT SERVICES RFP NO.: 15 -023 As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non - discrimination in employment and including, but not limited to, what is listed in the Non - Discrimination Clause in Exhibit 10 -V per: and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. The same shall apply and be included in all sub - consultant agreements. WE AGREE SPECIFICALLY: To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM NAME Amec Foster Wheeler Environment & Infrastructure Inc. TITLE OF PERSON SIGNING SIGNATURE AND PRINTED f T.1w: Please include any additional information available regarding equal opportunity employment programs now in effect within your company. THIS FORM MUST BE COMPLETED AND CLUffi? WITIjTHE PROPOSAL.PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Attachment 3 - 3 25K -65 ATTACHMENT 3: NON - LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR COMMERCIAL / INDUSTRIAL INSPECTION AND DATABASE MANAGEMENT CONSULTANT SERVICES RFP NO.: 15 -023 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of anyfederal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certif ication be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Sign Title Date May 4, 2015 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Attachment 3 - 2 25K-66 Amec Foster Wheeler Environment & Infrastructure, Inc. 121 Innovation Drive, Suite 200 Irvine, CA 92617 (949) 642 -0245 25K -67 amecfw.com 25K -68 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: AGREEMENT WITH DAVID EVANS & ASSOCIATES, INC., FOR DESIGN OF MEMORY LANE /SANTA ANA RIVER PARK (PROJECT 15 -2647) (STRATEGIC PLAN NO. 6, 1G) ITY MANAGEf� RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with David Evans & Associates, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide Landscape Architectural design services for the Memory Lane /Santa Ana River Park Project, for a one -year period expiring August 31, 2016, with provision for two, one -year extensions exercisable by the City Manager, in a total amount not to exceed $103,540 for the entire agreement term. ifi76^N Approval of this recommended action will enable the preparation of plans, specifications, and a cost estimate (Construction Documents) for the new Memory Lane /Santa Ana River Park (Exhibit 1). Once the Construction Documents are completed, bids may be obtained to procure a contractor for construction of the improvements. This project is identified in the Fiscal Year 2015 -16 Capital Improvement Program. On June 15, 2015, the Public Works Agency released a Request for Proposals which was posted on the City's website, and shared with the Architect/Engineer Consultant Information Network and the Orange County Chapter of the American Society of Landscape Architects. On July 6, 2015, nine proposals were received by the submission deadline. They were evaluated and ranked by a review committee comprised of personnel from various City agencies. Ranking criteria included firm and personnel experience, understanding of need, relevant project experience, schedule, and references. The table below is a summary of the ratings for the top three firms submitting proposals: FIRM RATING David Evans & Associates, Inc. 93.7 David Volz Design 90.0 _ SWA Group 83.0 Following evaluation and ranking, the fee schedules were opened and reviewed. The proposal by David Evans & Associates, Inc., contains an adequate man -hour effort to complete the required services. The firm's rates are reasonable and within industry standards. Together with the total fee schedule in the amount of $94,128, the proposal was found to provide the best value and is appropriate for the project. Because of their ranking, project experience, and competitive fee, staff recommends that David Evans & Associates, Inc., be retained to provide landscape architectural consulting services. The project scope 25L -1 Agreement with David Evans & Associates, Inc., for Design of Memory Lane /Santa Ana River Park September 1, 2015 Page 2 and award amount have been adjusted to include a 10 percent contingency for a total not -to- exceed contract of $103,540 (Exhibit 2). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the Housing Related Parks Grant Fund (Account 16113267- 66220) in the amount of $103,540 and will be expended in Fiscal Year 2015 -16. Public Works Agency -w, ,{v, Qerar o Mousk Executive Director Darks, Recreation & Community $vos, Agency FM /EWG /SF Exhibits: 1. Location Map 2. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25L -2 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 1st day of September, 2015 by and between David Evans and Associates, Incorporated, a sole ownership entity, (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of Landscape Architecture. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be, expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services the fee of $94,128, at the rates and charges identified in Exhibit B attached hereto and incorporated by reference. A contingency of ten percent (10 %) or $9,412 shall be available, at the discretion of the Executive Director of Public Works, for services that are currently not anticipated, but may be required to complete the Project. The total sum to be expended under this Agreement shall not exceed $103,540 during the term of this Agreement. b. Payment by City shall be made within forty -five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on August 31, 2016, unless terminated earlier in accordance with Section 15, below. The tern of this Agreement may be extended for 2 one -year periods upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR 25L -3 Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than 25L -4 $1,000,000 per accident. d. I£ Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate, C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for; the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out 25L -5 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant S. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement, All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (e) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. IL CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: 25L -6 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: To Consultant: Fred Mousavipour Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza M -36 P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -5622 David Evans & Associates Kim S. Rhodes, Vice President 4200 Concours, Suite #150 Ontario, CA 91764 (909) 481 -5750 (office) (909) 481 -5757 (fax) ksr a deainc_com Jose Sandoval, City Attorney City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not 25L -7 embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affinns that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 25L -8 19, MISCELLANEOUS PROVISIONS a. Additional provisions, if airy, are identified as Additional Provisions, Exhlbit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the teens 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 fhlly set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 12 Jos ,� doval A s' fant City Attorney RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: Kim S. Rhodes, Vice President DAVID EVANS & ASSOCIATES Tax ID# 25L -9 EXHIBI`i' A SCOPE OF SERVICES (from Attachment I of REP) EXHIBIT B FEE PROPOSAL, including hourly rates (from separately sealed envelope included with Consultant Proposal) EXHIBIT C CERTIFICATIONS (from Attachment 3 of RFP) 25L -10 I,' F17s m i av:i.i £ Memory Lane / Santa Ana River Park RFP No.: 15.058 in DAVID EVAN ANoASSOCIATES INC. July 6, 2015 Ms. Suzi Furjanic, Project Manager City of Santa Ana Public Works Agency 20 Civic Center Plaza, 3rd Floor Reception, Ross Annex Santa Ana, CA 92701 Dear Ms. Furjanic: On behalf of David Evans and Associates, Inc. (DEA), we would like to thank you for the opportunity to submit a proposal including an in depth project approach given your goals, objectives and available budget. We have an outstanding team of professional landscape architects, irrigation specialists, civil engineers, surveyors and construction managers available 'in house' to assist the City of Santa Ana on the Memory Lane / Santa Ana River Park project. Additionally, DEA has Certified Irrigation Designers (CID) and water auditors with expertise in AB1881. Based upon our review of the RFP, and coupled with our extensive portfolio of trail, park, and streetscape projects throughout Southern California (including several in Orange County), we feel ideally suited to assist with the final plans for the Memory Lane / Santa Ana River Park project. We have provided a comprehensive scope of services based on the City's preliminary conceptual plan. Our experience providing river trail parks and staging areas include award winning projects emphasizing environmental stewardship. We have been involved in projects adjacent to the L.A. River, Kern River and Santa Clarita River; providing comprehensive trail and park design. Our proposal highlights many of these which directly relate to the services needed for the Memory Lane / Santa Ana River Park. We concur with the contract language; however if possible, DEA respectfully requests the addition of the words "to the extent" within the Indemnification language of the contract. (....claim for property damage, "to the extent" which....; and.... equitable relief is due "to the extent" by reason......). DEA has the in -house resources to begin your work immediately and complete the work within your desired timeframe. We have provided a comprehensive schedule to indicate how best to accomplish your scheduling needs both during design and construction. We thank you again for your consideration of our qualifications and look forward to the next step in the selection process. Sincerely, DAVID EVANS AND ASSOCIATES, INC. tU. _ I Chris Giannini, L.A. 4287 Kim S. Rhodes, LA 3867 Project Manager Vice President / Principal in Charge 4200 Concours, Suite 150 Ontario, CA 91764 T: 909.481.5750 F: 909.481.5757 25L -12 APPENDIX ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR MEMORY LANE /SANTA ANA RIVER PARK REP NO.: 15 -058 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -col iglt Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also c a $tu ignature of this Non - collusion Affidavit, BIDDERS are cautioned that making a false certificaElot).Tti ect rc certifier to criminal prosecution. Signed State of California County of c7ti)cJttci' no Subscribed and sworn to (or affirmed) before me on this cA 144,day of JAM. , 20 E5; by 01 p g proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature 0. T, L. EASTER • ComtnlBBlop No. 19NSW Notary Public Seal r /T NOTARY PUBLICLALIFORNIA ,BAN BERNARDINO COUNTY My CbMM- EVIMS OCTOBER BC, pig MNAI City of Santa Ana RI=P 15 -058 Page 23 25L -13 APPENDIX ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR MEMORY LANE /SANTA ANA RIVER PARK RFP NO.: 15 -058 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the malting of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Sigm Title Date City of Santa Ana RFP 15 -058 Page 24 25L -14 APPENDIX _1 ATTACHMENT 3 -3: NON - DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR MEMORY LANE /SANTA ANA RIVER PARK RFP NO.: 15 -058 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 1.1246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non- compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of City of Santa Ana RFP 15 -058 Page 25 25L -15 September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in SgNtion 1420, and any consultant of public works violating this Section is subject to all the penalties impose br iolation of the Chapter. Signed: Title; Senior Associate / Project Manager Firm: David Evans and Associates Inc Date: .lulu A 2(315 City of Santa Ana RFP 15 -058 Page 26 25L -16 FIRM AND TEAM EXPERIENCE Since our founding in 1976, David Evans and Associates, Inc. (DEA) has become a recognized leader in the design and management of complex land development, transportation, water resources and energy projects nationwide. The firm combines the talents of professional individuals holding licenses as landscape architects, civil engineers, land surveyors, construction managers, and transportation planners to provide our clients access to a complete range of services. DEA has 25 offices spanning the Western United States and employs over 650 professional and technical staff members. Landscape architecture is an integral part of DENS interdisciplinary Project Manager / Point of Contact` approach. Our experience includes park, trail, residential and Chris ciannini, LA4287' commercial site planning; transportation / interchange design; [4200 Concours, Suite 150 Ontario, CA 91764 Phone: 909.912.7351 1 Fax 909.481 5757; streetscape & bikeway design; and urban planning. Landscape Emai :ccg @aeainccom architecture combines art and science in such a way as to provide harmony between the natural and built environment. The work of the DEA landscape architect involves planning, design, and preserving the land. We blend the art of attractively shaping land and the objects upon it for use and enjoyment, with a talent for producing practical, yet innovative designs. Our landscape architects have the design expertise necessary to combine attractive designs with functional solutions, assuring the client the highest quality of work. Found below is our organizational chart followed by brief bios for key staff assigned to this project. Resumes can be found at the end of this submittal. QLganizatLqn.gil Chilrt 25L -17 Chris Giannini, LA 4287 will lead the design efforts and serve as the main point of contact with the City of Santa Ana. He is an award - winning landscape architect with over 22 years of experience in park & open -space planning, trails, streetscapes, sports facilities, commercial and developer housing design. Chris has served as project manager for numerous projects including the CPRS award- winning Freedom Park in the city of Palm Desert, Deleo Regional Sports Park in Riverside County, and Hunter Hobby Park in the city of Riverside. His recent park project featuring water wise, drought - tolerant landscapes with colorful and contrasting decomposed granite and inert materials, was the winner of a Coachella Valley APWA award for overall design. 50% Availability Kim Rhodes, LA 3867 will serve as Principal -in- Charge and QA/QC manager. She is a California registered landscape architect and vice president with DEA. For the past 30 years, she has been responsible for design and management on numerous projects, including design and planning for parks, trails, streetscapes / roadways, sports facilities, transportation corridors, structure aesthetics, and schools. Kim has served as principal in charge and project manager on numerous projects throughout Orange County including her current efforts on the Tracks at Brea (multi -modal Citywide trail). She has been involved in the planning and design of the Kern River Trail, numerous trails throughout Santa Clarita adjacent to the Santa Clara River, the Chandler Bike Trail in Burbank and Los Angeles, the Kahler Russell Nature Trail in Covina, the Staging Area in Southgate, and the LakeAlameda Neighborhood Access Trail in Burbank. 25% Availability Almabeth Anderson, LA 4986 is a landscape architect with experience in park, trail and transportation projects. For the past 18 years, she has coordinated with public agencies and various other disciplines involved in the design process. She has experience with community advisory groups, regulatory agencies, and other mixed audiences, in which she has organized consensus - building activities. She has 4 performed several duties ranging from the conceptual design to design development, through completion of construction documents. Her experience also includes bid assistance and construction observation. Most recently, she has been instrumental in the design of several trail projects in the City of Brea. 35% Availability Jon Oen, CID is a certified commercial irrigation designer (CID) and also a partner with the U.S. Environmental Protection Agency's (EPA's) WaterSense program. For the past 16 years, he has worked on a wide variety of irrigation projects including trails, sports parks, hotels, residential, and commercial developments. Jon provides construction observation including submittal review and site visits (main line testing) specifically focused on irrigation systems and controls. He is well versed in the regulatory guidelines associated with AB1881 (Model Water Efficient Landscape Ordinance). Jon's experience in Orange County includes his irrigation design efforts with Moulton Smart Street in the city of Laguna Woods, El Camino Real Park in Orange, and the Tracks at Brea. 50% Availability Rob Bathke, PE, QSD is an associate and senior civil engineer at DEA with more than 28 years of experience. His experience includes site civil engineering, multi -modal trail design, traffic control, infrastructure improvements, and storm drainage improvements. Rob has been involved in numerous park and trail planning / design projects including the on -going Brea Trails Master Plan, Park to Playa Trail project in Los Angeles County, Chandler Boulevard Bikeway in Burbank, and the Santa Clara and South Fork River Trails Phases ll, III, and IV in Santa Clarita. 30% Availability Bryan Lirley, PE, QSD has 11 years of civil engineering experience with an emphasis on water resources, master planning, hydrology and hydraulics, and grading and utilities related to public works and land development projects. His additional responsibilities include the preparation of stormwater pollution prevention plans and water quality management plans. Bryan's recent experience includes his engineering design and production efforts on the Park to Playa Trail project in Los Angeles County, as well as Whitewater Park in Cathedral City, and Marshall Park in the City of San Gabriel. 40% Availability 25L -18 Ted Young, CILIA is a Certified Landscape Irrigation Auditor and landscape construction inspector. For the past 17 years, he has been responsible for landscape irrigation design, project management, and construction management / inspection on numerous municipal park projects. Possessing certifications for landscape irrigation auditing (CLIA) and Storm Water Pollution Prevention (SWPPP) inspection, he brings several added benefits to his construction knowledge and experience. 40% Availability Subconsultants In 1946, Professor Frederick J. Converse established Converse Consultants (Converse) in Pasadena, California to provide the construction industry with geotechnical engineering and geological services. Converse provides professional consulting in the fields of geotechnical engineering, engineering geology, groundwater sciences, environmental sciences, and soils and materials testing and inspection. Their team will be led by Dr. Siva K. Sivathasan, PH.D., PE, GE, DGE, QSD, F. ASCE. Dr. Sivathasan is a registered civil and geotechnical engineer in California, with 20 years of geotechnical, earthquake engineering, and construction experience. He is skilled at analyzing complex geotechnical problems and has prepared comprehensive reports with detailed recommendations. He also has extensive knowledge of construction projects from managing geotechnical observation and testing, special inspection and material testing, and Caltrans source inspection services. He is a subject matter expert for the California Board of Professional Engineers, Land Surveyors, and Geologists for geotechnical engineering exam development. Design West Engineering is a full- service Mechanical, Electrical, Plumbing, and Energy Consulting Firm. They offer a diversified range of practical experience in governmental, healthcare, educational, and private building sectors. Their team of DE;1 N WEST ENG,NEENNG innovative designers and engineers stays familiarwith the overall project requirements in addition to their specific area of expertise in order to deliver a coordinated and integrated project. Their team will be led by Mr. Leo Maya, P.E., LEED AP BD +C. With over 18 years of design and project management experience, he has worked on a wide array of projects including sports field lighting, large commercial and industrial buildings, health care and institutional facilities, street and area lighting, golf course electrical systems, and various dry utility designs. Apart from standard electrical and lighting design, Leo oversees the electrical BIM design team; solar photovoltaic design; specialized analyses including arc flash, coordination studies and load flow evaluation; all low voltage applications including fire alarm, security, data and signal, and AN systems. PROJECT UNDERSTANDING / SCOPE OF WORK Project" Understandin The City of Santa Ana has secured approximately $1 million dollars for the development of the Memory Lane / Santa Ana River Park. Funding is being provided by a State of California, Department of Housing and Community Development, Housing related development program. The .465 acre project site is bordered to the north by Memory Lane, east / southeast by the Santa Ana River and to the west by the Vista Del Rio Housing community. The site will provide a desired connection to the adjacent Santa Ana River Regional Bike, Equestrian and jogging trail. The concept plan indicates the following proposed improvements: • Bike and equestrian rest stop (Inc. bike racks, drinking fountains, a hitching rail and water trough for horses • Shade Shelter with picnic tables and benches • Picnic area with tables and trash receptacles Themed playground 25L -19 • Security lighting along walkways • Drought tolerant planting in addition to a riparian plant palette where appropriate • Dry stream bed (river rock / cobble) • Automatic drip irrigation system • Decomposed granite walkways and monument signs • Wrought iron fencing with river rock pilasters • Exercise Fitness Area (w/ ADA and ASTM compliance) The project schedule highlights the need for construction completion on or before April 30, 2016; thus necessitating that all plans must be complete, approved and ready for bid advertisement by October 30, 2015. DEA has prepared a comprehensive and aggressive schedule that requires full cooperation by our design team members as well as the City and outside agencies to ensure the work is completed prior to the above noted date. Scheduling Consideration We have created a schedule that strives for plan completion by mid - October, provided the project NTP is authorized on or before August 4th. If there is an opportunity to provide DEA with a purchase order to complete Tasks 2 and 3 given that the fee for said efforts might be below the threshold of necessitating City Council approval, our team can begin the work by mid to late July and thus commence work on the construction documents after the August 4th Council approval. This will allow a seamless transition between design development and the construction document phase. Our scope and fee addresses each of the elements denoted in the RFP in addition to the tasks necessary to prepare a comprehensive set of construction documents. Given our extensive experience with park and trail projects, we look forward to sharing our ideas with you on how best to implement your project within the available funding and prior to the deadlines set forth. Scoke of Work Task 1 — Pre - Design / Project Start -Up Meeting The DEA project team will attend a start -up meeting with the City staff to review the scope of services, project goals, deliverables, budget and schedule. This task will also include a site visit with City staff. Deliverables: Attendance at project start -up meeting and site visit by key members of the project team. Task 2 — Topographic Survey 1. Provide topographic surveying services (via conventional field methods) to depict existing ground elevations and sufficient to generate contours. In addition, all visible above ground evidence of improvements and utilities shall be located to facilitate the design work. 2. DEA shall obtain a current, client supplied Title Report to which Title exceptions shall be reviewed and applicable easements /encumbrances shall be plotted on the CAD basemap for future design purposes. 3. OPTIONAL TASK: If the City wishes to formally delineate the parcel boundary, DEA can provide field work sufficient to delineate the boundary limits of APN No: 101 - 055 -29 in the City of Santa Ana, County of Orange based on the client supplied Title report or Grant Deed. The boundary survey is shown as a separate optional task in our fee schedule for your convenience as we realize that this may not be necessary for the proposed improvements. 25L -20 Task 3 — Geotechnical Investigation Project Set -up and Coordination Under the direction of the project manager, a staff professional from Converse will set -up the project to provide the services outlined under our scope of work. The assignment under the project set -up will include the following: • Coordinate with IDEA and the City representative to schedule the field investigation. • Stake the boring locations prior to drilling. • Notify Underground Service Alert (USA) to clear the boring locations of conflict with underground utilities. • Arrange for a drill rig. Field Exploration: Our field exploration program will include drilling exploratory borings. The purpose of the borings will be to obtain subsurface information and undisturbed and bulk samples of the various soil types for laboratory testing. We plan to drill three (3) borings ranging in depth between five (5) to twenty (20) feet below existing ground surface. The borings will be drilled using a truck - mounted rig equipped with hollow -stem augers for soils sampling. Soils will be continuously logged and classified by the geologist/ engineer in the field by visual examination in accordance with the Unified Soil Classification System. Both undisturbed ring samples and bulk samples of the subsurface materials will be obtained at five - foot intervals, at changes in soil profiles, or where unusual conditions are encountered. The relatively undisturbed ring samples will be obtained using a Modified California Sampler (2.4 -inch inside diameter and 3.0 -inch outside diameter) lined with thin - walled sample rings. The sampler will be driven into the bottom of the boreholes with successive drops of a 140 -pound hammer falling thirty (30) inches. The 7 number of successive drops of the driving weight ( "blows') required for one (1) foot of penetration will be shown on the boring summary sheet in the "blow /foot' column. The soil will be retained in brass rings (2.4 -inch in diameter and 1.0 inch in height). The central portion of the sample will be retained and carefully sealed in waterproof plastic containers for shipment to the laboratory. Bulk samples of representative soil types will be collected in plastic bags. Groundwater levels, if encountered in the borings, will be recorded. The borings will be backfilled loose with soil cutting. As a result, the surface may settle over time. If construction is delayed, we recommend the owner monitor the boring site and backfill any settlement or depression that might occur, or provide fencing around the area of the boring locations to prevent trip and fall injuries from occurring near the area of any potential settlement. Water Infiltration Tests The five (5) foot deep boring will be prepared to perform water infiltration tests. This will include installing a two (2) -inch diameter perforated plastic pipe inside the boring. Pea gravel filter pack will be poured down the center of the auger while withdrawing the auger to surround the pipe casing and bottom with the gravel filter pack. Water will be added to the bore hole until the water level is as near the ground surface as could be achieved, and allowed to pre -soak for at least two (2) hours. After presoak, we will conduct the test. Each separate trial will be conducted by adding water to the borehole until the water level is at ground surface. The water level will be measured every ten (10) minutes to the nearest 1/10 - foot. At least four (4) sets of measurements will be taken for each test. Attempts will be made to remove the pipe from the boring. If the attempts fail, the pipe will be abandoned in place and the boring backfilled with soils cutting. We have assumed that water will be available on site. 25L -21 Laboratory Testing Program The laboratory testing program will depend upon the type of soils encountered during ourfield exploration and the quality of samples obtained. Laboratory tests will include, but may not be limited to, the following: • In place moisture and density tests. • Collapse. • Expansion. • Chloride, sulfate, minimum electrical resistivity, and pH. • Sieve Analysis. • Modified Proctor. • Direct Shear. Data Analysis and Report Preparation Data obtained from the exploratory borings and the laboratory testing program will be evaluated. One (1) report will be prepared which will include the following items: • Project and site description. • Discussion on the field procedures used in the investigation. • A discussion of the materials encountered in the borings and their measured properties. • Logs of the exploratory borings summarizing the subsurface conditions encountered indicating the locations of the explorations. • Depth to groundwater (if encountered) and its impact on the proposed development. • Discussion on the laboratory test results. • Water infiltration rate • Seismic design recommendation based on 2013 CBC. • Site grading recommendation. • Shrinkage and subsidence co- efficient associated with grading. • Allowable soils bearing pressure for foundation design. • Lateral earth pressures. • Foundation subgrade preparation recommendations. • Walkway subgrade preparation recommendation. engineering and a plan Task 4 — Design Development Plan Based on the conceptual plan provided by the City, DEAwill prepare a 50% design development package including landscape architectural, civil and electrical engineering plans, in addition to draft technical specifications and a preliminary cost estimate. Prior to moving forward with the 50% plans, DEA will collaborate with the city and obtain approval of the site plan to ensure our interpretation of the conceptual plan is in accordance with the overall design intent. We understand that while the conceptual plan that was included in the RFP included Orange County Flood Control Property, the final design will not encroach on Flood Control land. Deliverables: Preparation of design development level site plan for initial approval prior to commencing work with the remainder of the 50% complete PS &E package as described above. CONSTRUCTION DOCUMENT PHASE Deliverables during the construction document phase are as follows: Two full sets of the construction documents for review at 90% in addition to one electronic PDF copy on CD in AutoCAD 2012 or 2015 (as desired). At 100% completion, DEA will provide two full sized sets of signed and sealed bond copies in addition to one electronic PDF copy. Technical specifications shall also be reviewed at 90% and 100% completion and prepared in accordance with City requirements. Two hard copies and two electronic copies (MS Word and PDF) will be provided at each of the 90% and 100% submittals. 25L -22 Task 5 - Project Meetings The DEAteam will attend up to three meetings with staff throughout the duration of the project in addition to the start -up meeting. Fees are based on an average meeting time of 3.5 hours which includes travel time. If additional meetings are required or desired, they will be charged on a time and material basis and approved by the City prior to attendance. Deliverables: Attendance at up to 3 project meetings during the design development / construction document phase of work. Task 6 — Site Utility Plan DEA will perform utility research in preparation of the preparation of a site utility plan. This research will include searching for available record utility data within or adjacent to the project limits. DEA will gather available information from the utility purveyors regarding their facilities in the project area. Underground plan utilities will be mapped by record public information only; subsurface utilities that are not identified on existing record maps will not be shown. The record utility information will be used to determine points of connection for irrigation and domestic water in the preparation of a site utility plan. DEA's engineers will prepare the site domestic water plan. DEA's Landscape Architects will prepare the site irrigation plan as noted below. Deliverables: Data collection, utility research and the preparation of a site utility plan to provide irrigation and domestic water to the project site. Task 7 — Horizontal Control Plans DEA will prepare a 1"= 20' scale horizontal and vertical control plan for the project depicting a survey control line and dimensions to pertinent site features for use in the layout of the park and site features during construction. Deliverables: V'= 20'scale horizontal and vertical control plan. Task 8- Preliminary Hydrology and Hydraulics Report and Grading and Drainage Plans DEA will prepare a preliminary drainage study for the project site. A rational method analysis of the site will be performed addressing the pre and post construction 10- and 50 -year storm events. The rational analysis will determine the pre -and post - construction surface flow and serve as the basis for sizing of on -site drainage facilities to retain the difference in the pre- and post- construction conditions. DEA will prepare a 1"= 20' scale precise grading, drainage and paving plan for the project depicting grading contours, slopes, retaining walls (if required), finish surface elevations, drainage patterns, swales, typical cross sections, details and proposed civil related improvements including pavement, hardscape flatwork, and access ramps. The plan will consider ADA requirements for accessibility. Deliverables: I"= 20'scale grading and drainage plan. Task 9 — Water Quality Management Plan (WQMP) (Optional Task if necessary) In the event that impervious paving improvements at the play area and fitness area are greater than 5,000 sf, DEA will prepare a WQMP for the project site. The WQMP will include Best Management Practices (BMP's) required, per current regulation, to be implemented upon completion of the project and throughout the use of the project site. The WQMP will be prepared in accordance with the requirements of the County of Orange NPDES Stormwater Program requiring the preparation of the plan. Deliverables: Preparation, processing and obtaining approval of the WQMP. Task 10 — Erosion Control Plan Plan will include the preparation of erosion control measures for use in construction to reduce sediment transport within the site. Deliverables: I" = 20' Erosion Control Plan. 25L -23 Task 11 -Site Amenities Plan This plan will include the recommended placement of amenities throughout the Memory Lane / Santa Ana River Park in addition to design and specification data of the proposed elements such as benches, drinking fountains, bike racks, bike `Fix -it' stations (if applicable), trash receptacles, lighting components, signage, fitness stations, a pedestrian bridge, play equipment, shade structure and fencing etcettera. Deliverables: 1" = 20'site amenities plan. Task 12 - Planting Plans Plans will include a plant legend indicating trees, shrubs, and ground covers in addition to information regarding the placement of materials such as decomposed granite, mulch and boulders. The legend will indicate the botanical and common names, quantity, size, and remarks (such as variety and staking procedure). The plans will provide an appropriate palette utilizing sustainable landscape materials including California - friendly, drought tolerant plants that are appropriate for the project area climate. Deliverables: V= 20' planting plan and details. Task 13 - Irrigation Plans The irrigation plans will provide the necessary information for a complete and fully automatic irrigation system for the park. The plans will indicate the point of connection based upon agency requirements, backflow prevention and pressure regulation (as necessary), and equipment size and type in the irrigation legend. We understand that reclaimed water is available for the project, therefore we will work with the County water department regarding coordination and connection to the reclaimed water line. "Smart" Water Application Technologies (SWAT) will be utilized. Flow monitors, moisture sensors, and ET based controllers will be implemented. Effective January 2010, the State of California implemented a new water ordinance and together with the Governors mandated water restrictions, many new requirements are being requested from both the State and local agencies. We anticipate providing the following information: • Prepare water usage calculations (MAWA and ETWU) based on the new water ordinance. • Provide water efficient landscape worksheet and hydrozone table for each remote control valve per new ordinance (water use category, area served in s.f., controller number, valve size and flow). • Obtain horticultural soils report (Agronomic data) based on soil samples obtained from site by DEA. Report to be provided by Soil and Plant Laboratory in Orange, CA or equal. • Provide irrigation run time schedule per ordinance based on soil type. Rain and wind sensors will be added per ordinance. • Statement note will be added regarding ordinance. • Add WUCOLS water use classifications for all plant material. The following items are not included at this time but can be provided in the future if desired: regular maintenance schedule, certificate of completion, and irrigation audit report following project completion. Deliverables: 1" = 20' irrigation plans and details Task 14 — Electrical Plans Services Include: 1. (1) Pre- design site visit as required for verification of existing conditions 2. (1) Design meeting(s). 3. Electrical specifications provided in book format 4. State of California Board of Professional Engineers & Land Surveyors Electrical stamp and signature 25L -24 10 5. Completion of applicable governing agency comments (plan check comments) 6. Estimate of probable construction cost and /or quantity take -off 7. Electrical site plan including the following: a) Coordination of power service with serving utility b) Site lighting layout, circuiting, and control wiring diagram for general lighting purposes C) Point by Point of site lighting foot candle levels as necessary to comply with plan check requirements d) Schedule of lighting fixtures e) Title 24 lighting compliance forms f) New service entrance design g) Distribution and branch panel locations h) Single line diagram i) Load schedules D Site lighting pole base structural calculations and associated fees 8. Construction administration support services: a) Provide response to RFls to Architect b) Review and return to the Architect, shop drawings and submittals 9. Preparation of record as -built drawings based on contractor provided red -lines Task 15 - Construction Details / Structural Engineering DEA will prepare construction details for hardscape elements, footings, site furnishings (if necessary), planting and irrigation components. In most instances, footing details and calculations (if necessary) for pre- fabricated items such as picnic shelters and play equipment will be provided by the manufacturer. 11 For items such as the picnic structure, the structural drawings and calculations will be a deferred submittal that will be provided as part of the construction submittal process once the contractor purchases the structure. Structural calculations /details will be provided for light post fixtures. Deliverables: Construction details as noted above. Task 16 - Technical Specifications DEA will prepare technical specifications for each of the components in CSI format. City staff will be responsible for combining these specifications with the City provided boiler plate information such as general conditions, special provisions, notice inviting bids etc. Deliverables: Preparation of technical specifications. Task 17 — Final Opinion of Probable Cost The project team will prepare a final construction cost estimate in a per unit basis (or lump sum) of proposed park improvements once the construction documents have been completed to 90 %. This format will directly match the contractor bid schedule for ease of comparison. The estimate will be in tabular form for each construction item indicating quantity, unit, unit price, and total cost. Deliverables: Construction Cost Estimate. Task 18 - Plan Submittals, Approval Process, and Permitting The construction documents will be prepared in accordance with the 2013 California Building Code. These plans will be submitted to the City Planning and Building Departments for review and approval. All plans will be signed by a licensed professional as appropriate. DEAwill submit the 90% completed plans for review by the Public Works Design Engineering department. The 100% plans will then be submitted for final review and approval by the Parks, Recreation and Community Services Agency, the Planning and Building Agency and Public Works Agency. This task includes two sets of revisions based on plan check comments. Deliverables: Submittal, review, and revisions associated with obtaining project approval as noted above. 25L -25 BID ADVERTISEMENT, CONSTRUCTION ADMINISTRATION & RECORD DRAWINGS Task 19 — Bid Advertisement DEA will attend the pre -bid meeting and will provide responses to bid RFI's and assist with answering questions, and providing clarification if conflicts arise. Each item will be reviewed by the City prior to release of information. Deliverables: Attendance at pre -bid meeting and bid assistance as noted above. Task 20 — Construction Administration DEA's construction management team will answer questions, review submittals, shop drawings and schedules required 'to be submitted by the contractor for conformance with the design plans and specifications'. The DEA team will review and respond to RFI's and clarifications during construction within five calendar days of receipt. We understand that the City will handle the day to day construction management process; therefore (at this time) construction site visits are not included in our scope as directed by the City through the Q &A RFP process. DEA has anticipated the hours denoted in the fee schedule for each of the respective disciplines. Please note that this task shall require compensation on a time and materials basis in accordance with the level of effort required / desired. The fees for this task are shown for budgetary purposes only and shall be determined prior to the start of construction to allow the City to decide how best to utilize the DEA team resources along with their own staffing. At this time, it is difficult to determine the level of effort for the tasks listed and therefore we recommend negotiating this task once the contractor has been selected and prior to construction. Task 21 — Record Drawings I As Built Plans 12 Utilizing General Contractor provided red lines, DEA will incorporate As Built information into the drawing files such that we can provide the City with 'Record Drawings'. Deliverables: One set of As Built plans based on contractor provided red lines. RELEVANT PROJECT EXPERIENCE Over the course of nearly 40 years of landscape architectural design, DEA has endeavored to find the best solutions for our clients, bringing forward innovation and creativity that not only meet our clients' schedules and budgets, but gives back to the greater community in which our clients operate. Aside from creative, leading -edge work, DEA maintains a strong resume for day -to -day municipal projects. In all of our work, we are guided by our core purpose; as a company, we strive to improve the quality of life while demonstrating stewardship of the built and natural environments. The following is a sample of our work and demonstration of our recent success. This experience was chosen to represent our diversity in problem solving skills as well as our ability to efficiently bring the best expertise to bear on a given project regardless of the location or the nature of the challenge. By having offices in the Southern California region since 1986, we have worked with over 60 cities throughout Los Angeles, Orange, Riverside, San Bernardino. and Riverside counties. Tracks at Brea - Segment 3, Brea, California DEA landscape architects and civil engineers prepared conceptual and final construction documents for a one mile segment of Class I meandering trail through an abandoned rail corridor in Brea. Segment 3 included work between Brea Boulevard and State College Boulevard and incorporates both hard and soft surface trail, native plantings, site furnishings, and a lighted parking area. Future uses include a restroom building, splashpad, plaza space, community gardens, bioswale, fitness area and interpretive signage. 25L -26 Year Completed: 2015; Client Name: City of Brea; Contact Name and Number: Kathie DeRobbio - 714.671.4403 Tracks at Brea - Segment d, Brea, California In close collaboration with the City of Brea, DEA landscape architects prepared a conceptual master plan for a one mile long multi -modal trail between State College and Birch Street. The trail is located within an abandoned rail corridor and consists of separate paths for both pedestrians and bicyclists. The meandering path is approximately 20' in width, allowing 10' for each use. This segment of trail passes under the SR 57 freeway and hence provides for unique and creative solutions incorporating 'Art in Public Places' — an important component of any project in Brea. The corridor will include groves of trees, meandering areas of California Poppy and Lupine, children's play areas, seating and fitness areas, bike skills zones, interactive elements, butterfly gardens, site furnishings, lighting, and custom entry signage. The proposed plant palette will consider 'water -wise' landscaping and 'smart' irrigation systems to ensure sustainable solutions. Year Completed: Ongoing; Client Name: City of Brea; Contact Name and Number: Kathie DeRobbio - 714.671.4403 Wrightwood Village Trail, Wrightwood, California DEA landscape architects and planners assisted Caltrans District 8 on design development and construction plans for a 1.25 mile hiking trail in the community of Wrightwood, California. DEA responsibilities included research and design of interpretive signage for trail and area information as well as construction details for trail, benches, and existing signage rehabilitation and fabrication quality control. DEA also worked closely with District 8 landscape architects to obtain accurate field data in order to address ADA requirements and minimize construction impacts on existing trees, shrubs, and historical artifacts along the trail path. Year Completed: 2012; Client Name: Caltrans District 8; Contact Name and Number: Ray Desselle - 909.383.4147 Year Completed: 2010; Client Name: City of Yucaipa; Contact Name and Number: Ray Casey - 909.797.2489 25L -27 13 Year Completed: 2010; Client Name: City of Burbank; Contact Name and Number: Maribel Leyland - 818.238.5180 Salt Lake Park, Huntington Park DEA landscape architects and irrigation designers provided conceptual and final design plans for the improvements to the Salt Lake Park trail system. The design included a new walking path, fitness stations, modifications to picnic areas and seating, lighting improvements, new landscaping, in addition to a full yet phased irrigation retrofit. The park was funded by various grants and hence the use of sustainable products and techniques will be implemented throughout the park. Year Completed: 2014; Client Name: City of Huntington Park; Contact Name and Number: Danny Bueno - 323.584.6218 `E' Strut Park, San Bernardino, California DEA landscape architects assisted MVR Consulting in facilitating community workshops and developing a conceptual master plan for the two acre'E Street Park' in San Bernardino. These tasks were instrumental in formulating the Proposition 84 Grant Application that encourages sustainability in design. The park is located on a busy corner in an underserved neighborhood and will include many of the elements identified throughout the community input process, such as a water'sprayground', a skate park, soccer field and open space play, picnic areas, a basketball court, signage, fitness area, a restroom, art in public places, and parking. Sustainable features include permeable paving, drought tolerant planting, solar lighting, 'Smart' irrigation techniques, recycled/ recyclable materials and groundwater recharge. The DEAteam assisted with facilitation at five community meetings and the development of the final master plan. Year Completed: 2014; Client Name: San Bernardino Valley Municipal Water District; Contact Name and Number: Wen Huang - 909.387.9223 25L -28 E. ADDITIONAL RELEVANT PROJECT EXPERIENCE River Park and Trail System, Santa Clarita, California The DEA project team worked with the city of Santa Clarita on the master plan of a 12 -acre River Park adjacent to the Santa Clara River. The park is passive in nature and provides native planting areas with trails and equestrian routes, a custom water feature which acts as a filtration system for allowing clean water discharge into the river, picnic areas, parking, a restroom /nature center, and children's play areas. Active sports areas were considered during the conceptual planning phases; however, it was the City's desire to keep the park rustic in character. DEA was responsible for trail feasibility studies, design and cost estimates in addition to documentation for easements related to the trail. Southern Avenue Bike Trail and Staging Area, South Cate, DEA was selected by the city of South Gate to provide professional design services for this bike trail project which provides a link to the Los Angeles River Bike Trail Program. Initially, DEA researched and collected all pertinent information along the corridor and staging area site. DEA then performed a topographic surrey of the site and prepared base maps. DEA landscape architects prepared two conceptual plans for the staging area to be displayed for public comment. Elements of the staging area include an informational kiosk, arbor structure, bicycle racks, drinking fountains, benches, trash receptacles, outdoor lighting, and landscaping. DEA also provided pavement signing and striping plans for the bike trail, street improvement plans, grading and drainage plans, hardscape and site furnishing plans, a planting plan, irrigation plan, construction details, technical specifications and a final cost estimate. California Santa Clarita River Trails Phase 11 and III, Santa Clarita, California DEA provided plans, specifications, and construction cost estimates for the Santa Clara River trail projects for the City of Santa Clarita, located north of Los Angeles. The trail serves as a multi -modal recreation trail for commuter bicyclists, pedestrians, and equestrian users. For the most part, the trail consists of a 16- foot -wide surface, providing two five -foot lanes of travel for bicyclists, a four - foot -wide pedestrian path, and one -foot shoulders for fencing and buffer purposes. The equestrian trail is signed and uses "post -to- post" travel through the river area, occasionally traveling parallel to the bicycle - pedestrian trail. Kern River Specific Trails Plan and BIR, Kern County, California DEA worked with the Kern County Planning Department on the development of a comprehensive multi -use trails master plan for a 15 -mile- long segment of trail along the Kern River. The project also involved the preparation of a program EIR. The westerly project limits begin in Bakersfield and continue easterly to the mouth of the canyon en route to Lake Isabella. The design team worked closely with special interest groups such as the equestrians and bicyclists in a'community workshop' forum to ensure successful consensus building. 25L -29 15 D61P VANSANDASSOCIATES,INC. PROJECT SCHEDULE 10 Task Name Corsican SbM1 6 Ad 9'15 Au 15 'I6 Ao 23'15 Au 30 T W T F S 6 M T W T F 9 S M W T F S S M T W T F S 9 pA 1 Q P,Dasgn meal Stan pMasong ltley[ Wetl SI6 /15 - 2 Topographic Solvay 14 days i Man M916 3 ,.10 [ hnl.1 gave shaft o 1-0' aya M 6j5 - 4 T Pension Oevddpment Plans 20 ays* huBSl6 ..t ..s EE 5 - IP Martin, 42 1tlay Fr10 /9116 - 1 P f tM sting M9 i 1day =- Fri 11/6115 a C Ste llpllly Plan 26tlays; Mrin 9114115 - : ' 9 t Nor[onlal and Venral COnVOI Plans 26 do, Mon 9/14115 i 1 to It Posting and 021nage Plans 25 days Mon 9114115 t 1 II Ei Water Quelty Mldpshon Plan 25 days Mon 9 /14116 E a 12 Emslo Conlml Plan - 12 tlaysi Thu 1011)15 ! -' 13 Site Amended Plan - 25 days i Mon 9114115 14 L'Planbn9 Plans 26 it Mon 9/14116 - - 16 ilrnget oa Plans —26—days s on 15 Lgh[ gPlan 26daysi Non9/1-4/15 - —71— f.0 nVn Otlon Oetael5hu[ IEng(nae ng keys MMan9114 /I6 10 t—f h'al Spsclflpal one _ ��tleys' Mo-n-91-1411 5 IB xF ICipnlo Pnorobable-d 16days! —Mon 9121 ic 6g %PI 9ubmiLLIDl App Pao ese, and 1' Tde -z Tho-ot 21 K—M—Pan—Chrol, Alopravni P es s,andI frays' Man1oll 1 22 U 100 %Pla Submmical Approval P ce CI ]tlaysi Wetletl 1CV18115 _ < 23 I8lh Advertisement 20tlys Wed—M&15 - 24 IC t ont nA or r� 30 tlaysi Mon 1/4110 25 A R wNOrawmgslASBd,It Plans 16 tlaysi Mon S /41119 Task Milestone ® External Tasks"`. Pmjac: Santa Ana_Pmjea Schedule Delp: Wetl ]IV16 Sp9t Summery E%tamal Mleetpne Progress Project Summary Deadline Lt DEA REFERENCES Mr. Wen Huang 1 909.387.9223 Mr. Marcus Fuller 1 760.322.8380 San Bernardino Valley Municipal Water District City of Palm Springs 380 E. Vanderbilt Way 3200 E. Tahquitz Canyon Way San Bernardino, CA 92408 Palm Springs, CA 92262 Mr. Danny Bueno 1 323.584.6218 Ms. Kathie DeRobbio 1 714.671.4403 City of Huntington Park City of Brea 3401 East Florence Avenue 1 Civic Center Circle Huntington Park, CA 90255 Brea, CA 92821 Ms. Martha Van Rooijen 1 951.845.4391 MVR Consulting P.O. Box 236 Calimesa, CA 92320 25L -30 16 CHRIS GIANNINI, LA 4287 Project Manager Education ; Chris is a California registered landscape architect and award- winning project B.S., Landscape Architecture, i manager with DEA. He has been involved in landscape architecture for 22 1993, California State Polytechnic years responsible for design, management and construction observation University, Pomona : on numerous projects, including design and planning for parks, trails, sports facilities, streetscapes, commercial, industrial, retail facilities, developer housing, Registration and memorial developments. Registered Landscape Architect, California, (4287), 1998 Experience: Professional Memberships American Society of Landscape i Salt Lake Park, Huntington Park, California Architects (ASLA) : As project manager, Chris provided conceptual and final design plans for the improvements to Salt Lake Park. The design included a new walking path, California Parks & Recreation fitness stations, modifications to picnic areas and seating, new landscaping, Society (CPRS) in addition to a full irrigation retrofit. The park was funded by various grants and hence the use of sustainable products and techniques will be implemented Years of Experience ; throughout the park. 22 Awards Gene Autry Trail Gateway, Palm Springs, California CPRS Award of Excellence in As lead landscape architect, Chris oversaw the landscape architectural and civil Design - Freedom Park, : engineering design efforts for the Gene Autry Trail Streetscape and Gateway Palm Desert, 2007 Park project. The project consists of landscape improvements to the parkways and median on Gene Autry Trail north of Vista Chino as well as the development CPRS Achievement Award -: of a 1.7 -acre passive park. Chris was also involved in various construction Ovrom Park, Burbank, 2009 management tasks. APWA Project of Merit Award - Tracks at Brea - Segment 4, Brea, California Gene Autry Trail and Park, Palm Springs, 2011 Chris served as assistant landscape architect for the conceptual master plan for . a nearly one mile long multi -modal trail between State College and Birch Street. The trail is located within an abandoned rail corridor and consists of separate paths for both pedestrians and bicyclists. The meandering path is approximately 20' in width, allowing 10' for each use. This segment of trail passes under the SR 57 freeway and hence provides for unique and creative solutions incorporating Art in Public Places' — an important component of any project in Brea. The corridor will include groves of trees, meandering areas of California Poppy and Lupine, children's play areas, seating and fitness areas, bike skills zones, interactive elements, butterfly gardens, site furnishings, lighting, and custom i entry signage. The proposed artistic elements will consider the existing 'poppy' imagery on the highway retaining walls. The proposed plant palette will consider 'water efficient' landscaping and 'smart' irrigation systems to ensure sustainable solutions. Whitewater Park, Cathedral City, California Mr. Giannini led the landscape architectural efforts for a proposed 5 -acre park in Cathedral City. Working closely with the city appointed grant writer, DEA developed a plan for active recreation facilities while considering the incorporation of sustainable features such as recycled materials, the use of decorative rock and decomposed granite, 'Smart Irrigation' techniques, and drought tolerant plant material. The park featured playground and picnic areas, walking paths, a ball field with soccer field overlay, parking, plaza space and picnic shelters, in addition to fitness stations, a restroom, lighting and signage. 25L -31 17 KIM S. RHODES, LA 3867 Principal -in- Charge / QA /QC Education ; Kim is a California registered landscape architect, client manager and vice B.S. Landscape Architecture, : president with DEA. For the past 30 years, she has been responsible for 1985, California State Polytechnic ;landscape architectural design and management on numerous projects, University, Pomona i including design and planning for parks, trails, streetscapes / roadways, sports facilities, transportation corridors, structure aesthetics, schools and universities, Registration i commercial, residential, and industrial developments. Registered Landscape Architect, California, (3867), 1993 1 Experience: Professional Memberships American Society of Landscape i The Tracks at Brea, Segment 3, Brea, California Architects (ASLA) — Board of : Kim managed conceptual and final construction documents for a one mile Directors Student Liaison : segment of Class I meandering trail through an abandoned rail corridor in Brea. (2010- Present) Segment 3 includes work between Brea Boulevard and State College Boulevard E and incorporates both hard and soft surface trail, water -wise plantings, site CLASSFund - Scholarship i furnishings, and a lighted parking area. Future uses include a restroom Co -Chair (2011 - present) : building, splashpad, plaza space, community gardens, bioswale, fitness area California Parks and Recreation and interpretive signage. Society (CPRS) Southern Avenue Bike Trail and Staging Area, South Gate, California American Public Works : As project manager, Ms. Rhodes provided professional design services for Association (APWA) - Coachella : this bike trial project, which provides a link to the Los Angeles River Bike Trail Valley Program. She was responsible for researching and collecting all pertinent information along the corridor and at the staging area site. She then supervised Years of Experience i the preparation of the topographic maps. She prepared two conceptual plans 30 for the staging area that were displayed for public comment. Elements of the Awards staging area include an information kiosk, arbor structure, bicycle racks, drinking ASLA Project of Merit Award -; fountains, benches, trash receptacles, outdoor lighting and landscaping. Ms. Oak Glen Creek, Yucaipa, 2010 Rhodes was also responsible for supervising the pavement signing and striping plans, hardscape and site furnishing plans, a planting plan, irrigation plan, APWA Project of Merit Award — construction details, technical specifications and a final cost estimate. Gene Autry Trail and Park, Palm Springs, 2011 Kern River Trail Specific Plan, Kern County, California As lead landscape architect, Ms. Rhodes provided master planning for approximately 15 miles of multi -use trail along the Kern River from Bakersfield, east to the mouth of the canyon beyond Rio Bravo. She assisted special interest groups, the community, and governmental agencies to develop three separate alternatives for the trail alignment including research for destination points, access, ingress, egress, rest stops, signage, trail surfacing, fencing, and mixed uses. The project included research and data collection, site analysis, project coordination and conflict resolution, a needs analysis, trail planning and design and the preparation of an Environmental Impact Report. Oak Glen Creek Recreational Trails, Yucaipa, California Ms. Rhodes served as lead landscape architect for the multi -award winning project which consisted of providing conceptual design including recreation planning, detention basin design, hydrology, sediment yield / hydraulics, permitting assistance, and environmental planning & analysis for a portion of Oak Glen and Wildwood Creeks. She worked closely with civil engineers, hydrologists, biologists, and environmental planners to develop a master plan that addressed critical flood control issues such as the protection of life and property. 25L -32 ID Education B.S. Landscape Irrigation Science, 1998, California State Polytechnic University, Pomona Certifications i Commercial Irrigation Designer #3085 Los Angeles County Sanitation District Certification — Recycled Water Users Site Supervisor Training Program, 2013 Professional Affiliations Irrigation Association U.S. Environmental Protection Agency's WaterSense program (Partner) Years of Experience 16 JON S. OEN, CID Landscape Irrigation Designer Mr. Oen is a certified commercial irrigation designer (CID) and also a partner with the U.S. Environmental Protection Agency's (EPA's) WaterSense program. For the past 16 years, he has worked on a wide variety of irrigation projects including sports parks, hotels, resorts, residential, and commercial developments. His responsibilities also include preparing irrigation master meter plans for various master planned community developments. Mr. Oen provides construction observation including submittal review and site visits (main line testing) specifically focused on irrigation systems and controls. He is well versed in the regulatory guidelines associated with AB1881 (Model Water Efficient Landscape Ordinance). Experience: The Tracks at Brea, Segment 3, Brea, California Mr. Oen provided irrigation design for The Tracks at Brea - Segment 3 project which includes work between Brea Boulevard and State College Boulevard and incorporates both hard and soft surface trail, native plantings, site furnishings, and a lighted parking area. Future uses include a restroom building, splashpad, plaza space, community gardens, bioswale, fitness area and interpretive signage. Salt Lake Park, Huntington Park, California I Mr. Can provided irrigation design for the improvements to Salt Lake Park. The 19 park design included a new walking path, fitness stations, modifications to picnic areas and seating, lighting improvements, new landscaping, in addition to a full irrigation retrofit. The park was funded by various grants and hence the use of sustainable products and techniques will be implemented throughout the park. Lake Alameda Neighborhood Access Trail, Burbank, California Mr. Can provided irrigation design for the Lake Alameda access path which is located adjacentto the LosAngeles County Flood Control Channel, between West Alameda Avenue, and South Victory Boulevard — a distance of approximately one quarter mile. The project consists of a 6'- 8' wide meandering concrete path with access from each of the intersecting cul -de -sac streets. Site furnishings include bollards, light fixtures, decorative hardscape, trash receptacles, doggy stations, signage, and omega fencing. Landscaping will include colorful drought tolerant plantings. DEA prepared colored plans, cross sections, and a preliminary construction cost estimate. Deleo Regional Sports Park, Riverside County, California Mr. Oen provided irrigation design for a 27 -acre sports park in western Riverside County. The park site includes two softball fields, four soccer fields, basketball courts, a tennis court, two play areas, a dog park, a skateboarding area, walking trails, picnic shelters, restroom and concessions area, and a trail connection to regional hiking and equestrian trails. Park amenities were discussed at community meetings where they were prioritized according to the needs of the local community. In addition to meeting the needs of the community, the park also considers sustainable design practices such as the use of reclaimed water, bio- swales for storm water treatment, and recycled materials for site furnishings. 25L -33 ROB BATHKE, PE, QSD Civil Engineer Education : Mr. Bathke is an associate and senior civil engineer at DEA with more than 28 B.S., Civil Engineering, 1985, i years of experience. He manages projects that require site civil engineering, Northern Arizona University, : street improvement design, traffic control, infrastructure improvements, and Flagstaff : storm drainage improvements. His client base includes public agencies, public works departments, and private developers of commercial and residential Registration projects. Professional Civil Engineer, California (48138), 1991 Experience: Qualified SWPPP Developer, 2011, ( #01081) ; Tracks at Brea — Segment 3, Brea, California The IDEA team prepared conceptual and final construction documents for a one Years of Experience : mile segment of Class I meandering trail through an abandoned rail corridor 28 : in Brea. Segment 3 included work between Brea Boulevard and State College i Boulevard and incorporates both hard and soft surface trail, native plantings, site furnishings, and a lighted parking area. Mr. Bethke was responsible for design of the trail alignment, materials, infrastructure and street improvements. Santa Clara River Trail, Phase ll, Santa Clarita, California Mr. Bethke served as assistant project manager for Phase II of the Santa Clara River trail project in the city of Santa Clarita. The trail serves as a multi -modal recreation trail for commuter bicycle, pedestrian and equestrian use. This project was a vital link in the Santa Clara River trail system that links the city of Santa Clarita with the Pacific Ocean in Ventura. 20 South Fork River Trail, Phase IV, Santa Clarita, California Mr. Bethke served as project engineer for this 1.3 -mile recreational trail. This project involved coordination with numerous governing agencies for design compliance. Design of the project included grading, drainage, hydraulic analysis, and concrete structural design for elements within the Santa Clara River. Santa Clara River Trail, Phase III, Santa Clarita, California Mr. Bethke served as project manager for Phase III of the Santa Clara River trail project. He provided conceptual design, which included two alternate studies involving route alignment for an undercrossing at Bouquet Canyon Road and a route over an existing sanitation district outfall facility. Mr. Bethke prepared final construction documents, which included trail plan and profile, grading, drainage, hydraulic analysis, and concrete structural calculations. Kern River Trail Specific Plan, Kern County, California As lead engineer, Mr. Bathke was involved in the master planning for approximately 15 miles of multi -use trail along the Kern River from Bakersfield, east to the mouth of the canyon beyond Rio Bravo. Three separate alternatives were developed for the trail alignment including research for destination points, access, ingress, egress, rest stops, signage, trail surfacing, fencing, and mixed uses. The project included research and data collection, site analysis, project coordination and conflict resolution, a needs analysis, trail planning and design and the preparation of an Environmental Impact Report. The final report included such items as a Mission Statement, background data, coordination with other planning efforts, natural resources and trail facilities, trail development codes, design standards, signage, maintenance, and implementation. 25L -34 _�. a EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR MEMORY LANE /SANTA ANA RIVER PARK RFP NO.: 15 -058 Introduction and Description of Work: The proposed Memory Lane /Santa Ana River Park involves the development of a.465 acre property owned by the City of Santa Ana. Located in north Santa Ana, the site is bordered to the north by Memory Lane, east/southeast by the Santa Ana River (including the Santa Ana River Regional Bike, Equestrian and jogging trail) and to the west by the Vista Del Rio Housing Community. This community is a 41 -unit facility that provides 100% affordable housing to individuals with physical and developmental disabilities. The new neighborhood park, as represented in the concept plan included herein as part of this Attachment 1, shall include the following components: • Bike and Equestrian Rest Stop, with bike racks, drinking fountain/water bottle filling station, hitching rail and water trough for horses • Shade Structure with picnic tables, benches • Picnic area with picnic table, trash receptacles • Themed Playground • Security Lighting along walkways • Riparian plant palette, with drought tolerant planting • River Rock Dry Stream • Automatic (drip) irrigation system • Decomposed Granite Walkways • Monument signs (2) • Wrought iron fencing with River Rock pilasters • Exercise Fitness Area This project is funded with State of California, Department of Housing and Community Development, Housing - Related Development Program funds. Total Project Budget is $1 million. Construction must be completed by April 30, 2016. Contact Documents must be complete and ready for Bid Advertisement by October 30, 2015. Note, as shown onpage 4 of this RFP, that additional weight will be given to the schedule aspart of the evaluation criteria; consultants that demonstrate the ability to meet the aggressive timeline will receive higher ranking. City of Santa Ana RFP 15 -055 25L=36 d Z VJ w yK efC / n ti f z i S L V' Z. h S aM4 44 d� n Y 1Vb7 � X . � a s° 0 p �� al a / A \ \ 4 z i S L V' Z. h S aM4 44 d� n Y 1Vb7 � X . � a s° 0 p �� al a A \ \ 4 z i S L V' Z. h S Consultant Responsibilities: The Consultant's responsibilities include the following, and shall consist of the following project tasks: Consultant is responsible for providing all engineering as required for design of all components within the project scope of work. This includes, but is not limited to, survey, civil engineering, geotechnical investigation and report, structural engineering, electrical engineering. Consultant shall provide review sets in .pdf format. Final plans shall be provided in AutoCAD or N icrostation format, and .pdf format. Task 1: Pre - Design Preliminary design shall include Kick -off meeting with City Staff to discuss scope of work, project goals and objectives, potential elements and issues and schedule. Task 2: Design Development (50% plans) Design development will involve the schematic development of plans based upon City- provided conceptual design plan (attached herein as part of Attachment 1), which shall include landscape architectural, architectural, civil engineering, and electrical engineering (including photometrics), draft technical specifications and "opinion of estimated cost'. ➢ Deliverables shall include a 50% set of plans, draft specification and "Opinion of Probable Cost'. Task 3: Construction Documents (90% and 100% plans) Construction Documents (CDs) shall include finalizing approved deliverables from the Design Development phase. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bidding and construction by a general contractor. ➢ Deliverables shall include 90% and 100% plans, final technical specifications, and a finalized "Opinion of Probable Cost ". Plans: Plans shall include, but are not limited to the following: • Title Sheet • Civil Engineering o Site Erosion Plan • Horizontal and Vertical Control Plan • Grading And On -Site Drainage Plan • Site Utility Plan • Landscape Architectural • Site Layout/Construction Plans And Details (including plumbing) • Site Sections, as applicable • Planting Plans /Details /Notes • Irrigation Plans/Details /Calculations/Notes • Electrical • Electrical Site Plan to include walkway lighting, shade structure lighting, irrigation. • Location of panels, switchgear, meters • Schedules • Details o Notes, specifications City of Santa Ana�pRFP 15 -058 25 L38 Plan Check & Permits: Construction drawings shall be in accordance with the 2013 California Building Code and will require review /approval by the City Planning and Building Agency. As a condition of plan check approval, plans, specifications and structural calculations must be signed by a California licensed architect / landscape architect / civil engineer as appropriate. Construction drawings shall be submitted at 90% completion for review by Public Works Design Engineering and revised per Division comments. The 100% complete construction drawing package will then be submitted for final City review to the following City Agencies: • Parks, Recreation and Community Services Agency • Planning and Building Agency • Public Works Agency The Public Works Agency Project Manager will coordinate the submittal and review process. Once complete, the consultant will revise the Contract Documents Technical Specifications Technical specifications for all components listed above shall be provided by Consultant, or their Sub - consultants, to the City in CSI (Construction Specifications Institute) format. City Staff will combine these specifications with the City Boiler Plate which together, will become the Project Manual. Final Opinion of Prohahle Cost Consultant shall provide updated opinion of probable construction cost which shall reflect finalized plans, materials, systems, details of construction, and known or anticipated changes in the bidding market relative to the project. Should project scope exceed available budget, project plans /specifications will be phased as appropriate. Task 4: Bid Advertisement, Construction Administration, Record Drawings: Bid Advertisement Consultant shall provide support to the City during the Bidding phase by assisting with questions, requests for information/clarification, or conflicts arising out of the bidding process. Consultant shall also attend pre - bid meeting, if scheduled. Construction Administration Consultant shall provide support to the City during the Construction Administration phase by assisting with questions, requests for information/clarification, and /or reviewing submittals. Record Drawings /As -built Plans: Upon construction completion, consultant shall incorporate as -built information, as provided by the General Contractor, into the drawing files to provide record drawings for City archives. City of Santa Ana RFP 15 -058 2 6E =39 Fee Proposal: In addition to Section IV.13.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured to correspond to the above mentioned tasks as follows: Task 1: Pre - Design Task 2: Design Development Task 3: Construction Documents Task 4: Bid Advertisement, Construction Administration, Record Drawings Total Fee: Fee schedule for each task should include an hourly breakdown that corresponds to the task total. City Responsibilities The City will be responsible for the following items: • Providing copies of available plans and existing documentation on file. • Providing standard City boilerplate specification. • Acting as a liaison with the appropriate decision making bodies, as necessary. • Furnish electronic design file with City title block and title sheet (24" x 36 ") • Process plans for governmental agency approvals having jurisdiction over the project. City of Santa Ana RFP 15 -058 25Le-140 � N 0, N 4 c m � P � (~p N m N 0 4 v Q Q 4 N N � b � b o o r] N � Q ° m m � N EXHIBIT B (A C v o o v ❑ n m 'J w N � 2 � ° v N O N ° a y N b m 9 � N N +. 2 N 4 N M W N N w w w w � o O 0 AraD,j Classification Project Manager $165 Professional Engineer $160 Professional Land Surveyor $160 Senior Landscape Architect $155 Landscape Architect $130 Survey Analyst $145 Civil Engineering Designer $125 Irrigation Designer $115 Landscape Designer $100 Clerical $85 Field Staff: 2- Person Survey Crew $235 Note: Per union agreement, there is a 4-, 6- and 8 -hour minimum charge forfield survey work. Reimbursable Expenses: Client shall pay the costs, plus 15 %, for any applicable governmental fees, title company charges, subconsultant fees, outside vendor reproduction costs, in -house reproduction costs, mileage, and delivery or messenger services incurred on Client's behalf. "rates subject to annual increase 25L -42 E a k z LL 0 0 �� e] APPENDIX ATTACHMENT 3-1: NON-COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR MEMORY LANE /SANTA ANA RIVER PARK RFP NO.: 15 -058 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain firm bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -col ion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also a t litu Ignature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false eettificatiot nTa;' Ne €t e certifier to criminal prosecution. Signed 1-- .,_j State of California County of Subscribed and sworn to (or affirmed) before are on this C;(q*`day of j�& e , 20 11, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Cjj_&:& Notary Public Signature T. L. CASTER u QOMMIB6I0R 0. JOWS60' Notary Public Seal Lc s NOTARY PUBLIC-CALIFORNIA ,BAN BERNARDINO COUNTY MY Cp M E10M OCTOBER 3), 2016 City of Santa Ana RFP 15-058�m Page 23 25L -43 APPENDIX ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION _ CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR MEMORY LANE /SANTA ANA RIVER PARK RFP NO.: 15 -058 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the snaking of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any fiords other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Sigm Title Date July 6 2015 City of Santa Ana RFP 15 -058 Page 24 25L -44 APPENDIX ATTACHMENT 3 -3: NON - DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR MEMORY LANE /SANTA ANA RIVER PARK RFP NO.: 15 -058 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows; The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, . and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1.1246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of City of Santa Ana RFP 15 -058 Page 25 25L -45 September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in S tion 1420, and any consultant of public works violating this Section is subject to all the penalties impose or ' iolation of the Chapter. - Signed: t Title:. Senior Associate / Project Manager Firm: David Evans and Associates Inc Date: Jul ye 7015 City of Santa Ana RFP 15 -058 Page 26 25L -46 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 1, 2015 TITLE: APPROVED AGREEMENT WITH LARRY WALKER ❑ As Recommended ASSOCIATES FOR NPDES AND ❑ As Amended ❑ Ordinance on 1" Reading ENVIRONMENTAL PROGRAM FEE STUDY ❑ Ordinance on 2nd Reading (STRATEGIC PLAN NO. 5,2) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANA R RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute an agreement with Larry Walker Associates, subject to nonsubstantive changes by the City Manager and City Attorney, for a National Pollutant Discharge Elimination System and Environmental Program Fee Study, for a one -year term expiring on August 31, 2016, with provisions for one 1 -year extension exercisable by the City Manager and City Attorney, in a total amount not to exceed $100,000 for the entire agreement term. Approval of this recommended action will allow the City to perform a comprehensive program analysis and fee study to ensure a proper balance between fees and costs in support of National Pollutant Discharge Elimination System (NPDES) and environmental programs. This analysis will review current and forthcoming Environmental and NPDES permit requirements, current and future watershed pollutant limits, and resource requirements relative to the program cost allocations. In 2002, the City Council approved a fee study for the NPDES program which established the existing fee schedule and revenue model. Since that time, permit and environmental requirements have significantly changed, which makes this comprehensive program review very appropriate. On May 15, 2015, a Request for Proposals (RFP) for NPDES and Environmental Programs Fee Study was issued and posted on the City's website. A mandatory pre - proposal meeting was attended by four engineering firms, and three firms submitted proposals on June 23, 2015. Each proposal was evaluated and ranked by a review committee comprised of Public Works Agency staff. The ranking criteria included the firm's qualifications, understanding the scope of 25M -1 Agreement with Larry Walker Associates for NPDES and Environmental Program Fee Study September 1, 2015 Page 2 work, work plan logic, clarity and specificity, consultant /sub - consultant qualifications, financial responsibility, and schedule to perform the services. All three firms were interviewed, evaluated, and ranked; then the fee proposal /rate schedules were opened and reviewed. The following summarizes the proposal results: Firm Larry Walker Associates NBS Integrative Economics, LLC Score Fee Proposal 94 $81,770 85 $71,701 65 $83,980 Staff recommends engaging Larry Walker Associates based on the firm's extensive experience and knowledge of the City's regional NPDES permit and other local environmental requirements; broad knowledge and understanding of the funding mechanisms; and unique approach to complete the work within the specified time. The proposal contained a clear path toward achieving City goals and objectives as required by the RFP. The total agreement compensation not to exceed $100,000 includes a project fee of $81,770 and a contingency of $18,230. STRATEGIC PLAN Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. Funds in the amount of $100,000 are budgeted and available for expenditure in Fiscal Year 2015 -16 Federal Clean Water Protection Enterprise (NPDES Program) account (No. 05717640- 62300). e Mousavipour Exe utive Director Public Works Agency FM /EWG/TC Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25M -2 PROFESSIONAL SERVICES AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this I" day of September 2015 by and between Larry Walker Associates (hereinafter "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of NPDES and environmental program fee study. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; TERMS This Agreement shall commence on September 1, 2015 for a one (1) year term with the option for the City to grant up to one one -year renewal option exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 1. SCOPE OF SERVICES Consultant agrees to perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the City's Scope of Services as attached hereto Exhibit A - Request for Proposals. Additional Agreement provisions are attached to and incorporated into this Agreement as Exhibit E — Larry Walker Associates Proposal for NPDES and Environmental Program Fee Study (RFP No. 14 -069). 2. SCHEDULE OF SERVICES Upon Notice to Proceed issued by the City, Consultant shall complete services and shall perform and deliver them to the City as described and detailed in Exhibit B - Schedule of Services, as attached hereto and incorporated into this Agreement by reference. Consultant shall meet the work deliverables within the schedule and compensation approved herein. 3. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the 25M -3 Professional Services Agreement witlr Larry Walker Associates September 1, 20]5 Page 2 of 9 rates, fees, and charges identified in Exhibit C - Compensation, as attached hereto and incorporated into this Agreement by reference, in an amount not to exceed $100,000 over the entire life of the Agreement, including any renewal period(s). 4. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship faxed in any tangible medium of expression, including but not Iimited to, physical drawings or data magnetically or otherwise recorded on computer disks (CD)s, USB jump drives or equivalent, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City, City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 5. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 6. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. PAYMENTS & INVOICES a. Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this Agreement shall be submitted in a format approved 25M -4 Professional Services Agreement with Larry Walker Associates September 1, 2015 Page 3 of 9 by the City. Invoices shall include the following information at a minimum: i. Consultant's invoice number and City's agreement number. ii. Beginning and ending dates for services. iii. City Project and/or Task Order number and /or name (if applicable). iv. Work site address /location (if applicable). V. Tasks or deliverables completed, and percentage ( %) of total services completed. vi. Remaining Overall and Task Order budget available. City will, within 45 days of receiving such statement in a manner that meets the City's requirements, review the statement and subsequently pay the approved charges thereon. 8. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 9. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and $2,000,000, in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 25M -5 Professional Services Agreement with Tarry Walker Associates September 1, 2015 Page 4 of 9 c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and $2,000,000 annual aggregate shall be maintained. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii, Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City, except for 10 days' notice for non - payment of premium. iv. Consultant shall supply City with a fully executed additional insured endorsement f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 10. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the ternis of or effects arising from this Agreement, This indermzity, and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or 25M -6 Professional Services Agreement with Larry Walker Associates September 1, 2015 Page 5 of 9 effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement, City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemlaity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 11. LAWS AND REGULATIONS Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services, If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure to comply with such laws, rules or regulations. 12. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City, 13. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement, as further specified in Exhibit D - Certifications, as attached hereto and incorporated into this Agreement by reference. 25M -7 Professional Services Agreement with Larry Walker Associates September 1, 2015 Page 6 of 9 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the authorized representatives of the parties. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product(s) shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement, 17. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations, and as further specified in Exhibit A - Certifications, as attached hereto and incorporated into this Agreement by reference. 25M -8 Professional Services Agreement with Larry Walker Associates September 1, 2015 Page 7 of 9 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California, The parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement, 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 With courtesy copy to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5635 and: City Attorney City of Santa Ana P.O. Box 1988 M -29 Santa Ana, CA 92702 Fax: 714- 647-6515 25M -9 Professional Services Agreement with Larry Walker Associates September 1, 2015 Pago8of9 To Consultant; I {aren P. Ashby, Vice President Larry Walker Associates 707 Fourth Street, Suite 200 Davis, CA 95616 Facsimile (530) 753 -7030 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above, if sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. . b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25M -10 Professional Services Agreement with Larry Walker Associates September 1, 2015 Page 9 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year as 'first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Assistant City RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: .`_! Karen E. Ashby Vice President Larry Walker Associates 25M -11 25M -12 Exhibit A - Request for Proposals REQUEST FOR PROPOSALS (RFP) FOR NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO.: 14 -069 CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Tyrone Chesanek Project Manager (714) 647 -5045 Office tchesanek(n,santa- ana.org for Release: IaY RFP DATES (Subject to change at discretion of City): Issue Date: Letter of Intent Mandatory Pre - Proposal Meeting Proposals Due to City City Council Award Anticipated Notice to Proceed Friday, May 15, 2015 No Date - Not Required Tuesday, June 2, 2015 Tuesday, June 23, 2015 Tuesday, August 18, 2015 Monday, August 24, 2015 25M -13 Fred Mousavipour Executive Director Public Works Agency Exhibit A - Request for Proposals NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY. Responses to this Request for Proposals (RFP) will be accepted until Tuesday June 23, 2015 at 2:00:00 p.m. Proposals received after this date /time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR RFP NO. 14 -069 NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Tyrone Chesanek Public Works Agency; 20 Civic Center Plaza; 3rd Floor Reception, Ross Annex Santa Ana, CA 92701 Proposals shall be mailed, hand delivered, or sent by courier service. Proposals shall NOT be sent via telegraphic, electronic or facsimile. All notifications, updates, and addenda will be posted on the City's RFP Bid page at: www.santa -ana.or bQ ids -rs. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. LETTER OF INTENT: Interested firms shall submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be forwarded via certified mail or email. 25M -14 Exhibit A - Request for Proposals CITY OF SANTA ANA TABLE OF CONTENTS I. GENERAL II. PROPOSAL TERMS AND CONDITIONS III. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. PAYMENT INFORMATION PACKET H. PRE - PROPOSAL MEETING I. CITY RIGHT TO REJECT J. PROTESTS IV. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES & SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING B. SELECTION VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VII. IMPLEMENTATION A. HICK -OFF MEETING B. NOTICE TO PROCEED VIII. PUBLIC RECORDS IX. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: STANDARD AGREEMENT ATTACHMENT 3: CERTIFICATIONS 25M -15 Exhibit A - Request for Proposals I. GENERAL Nature of Work: The City of Santa Ana is seeking a consultant to analyze the cost impacts and revenue requirements of current and proposed NPDES programs which would fully comply with the new permit issued by the State Regional Board. A requested Scope of Work is included in the Appendix of this RFP as Attachment 1. Number of Proposals and Signature: Four (4) hard copies and one (1) digital file on USB Flash Drive (or equivalent) of your proposal shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana. One (1) copy of your Fee Proposal shall be submitted. Proposal Evaluation and Rating: The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm Qualifications and Financial Responsibility 15% • Staff and sub - Consultant Qualifications 15% • Understanding Scope of Work 25% • Work Plan Logic, Clarity, and Specificity 25% • Value of the Study Analysis and Fee 10% • Schedule 10% The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. Project Funding: This study will be funded using environmental fees generated from the current environmental services program, and funds are considered city local funds. There may be more information regarding funding in the Attachment 1, Scope of Work, in the Appendix of this RFP. Term of Contract Agreement: The City desires to enter into a contract with the selected firm for a time period sufficient to complete the study. Staff anticipate the terns not to exceed one year. The term and time schedule for the agreement will be outlined in the Standard Consultant Agreement, as contained in the Appendix of this RFP as Attachment 2. 25M -16 Exhibit A - Request for Proposals THIS PAGE INTENTIONALLY BLANK 25M -17 Exhibit A - Request for Proposals II. PROPOSAL TERMS AND CONDITIONS By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: A. EXAMINATION: Proposer represent that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in the relation to this RFP are fully incorporated. B. EXECUTION OF AGREEMENT: The City and the selected Proposer will enter into an Agreement shown in Attachment 2 in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. C. PROPOSAL VALIDITY: Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. PRE - CONTRACTUAL EXPENSES: Santa Ana shall not, in any event, be liable for any pre - contractual expenses incurred by Proposers in the preparation of its proposal. E. JOINT OFFERS /SUBCONSULTANTS: Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime - subconsultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of subconsultants be offered, the Proposer shall provide the same assurances of competence for the subconsultant plus the demonstrated ability to manage and supervise the subcontracted work. Subconsultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all subconsultants in the same manner as the Proposer. III. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibility for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. 25M -18 Exhibit A - Request for Proposals Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e -mail to the Project Manager (contact information as noted on the cover page to this RFP) by or before the "Deadline for Requests for Information" date noted on the cover page of this RFP. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP, as indicated in Section IILD: Addenda. 1�7Ub70►1�7_\ Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's website, www.santa-ana.org/bids-rfps E. LICENSES & PERMITS The selected Proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City Project Manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses /permits required by the Scope of Work. F. INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of notice of award. G. PAYMENT INFORMATION PACKET The selected Proposer shall return a completed payment information packet within ten (10) business days after the successful Proposer has received notice that the agreement has been awarded. The packet is available on the City's website: www.santa-ana.org/bids-r_f ps. H. PRE - PROPOSAL MEETING A pre - proposal meeting, if scheduled, will occur on the date, time and location identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question - and- answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described in Section III.D: Addenda. 25M -19 Exhibit A - Request for Proposals I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the successful Proposer and the City shall assume no liability of such subcontractors. J. PROTESTS Proposers with concerns or rebuttal of any staff determination of non - responsiveness or non- responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the Executive Director of the Public Works Agency or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. IV. SUBMITTAL REQUIREMENTS 1. Number of Copies and signature: Refer to Section I: General. 2. Deadline: Proposals are due to the City of Santa Ana, at the date, time, and location set forth in the Notice Inviting Proposals. B. PROPOSAL CONTENTS A responsive proposal shall contain the following documentation: 1. STATEMENT OF QUALIFICATIONS The Statement of Qualifications shall be formatted and limited to the number of pages detailed in the requested Scope of Work which is included in the Appendix of this RFP as Attachment 1. a. Cover Letter: — Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 25M -20 Exhibit A - Request for Proposals b. Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the standard agreement shown in Attachment 2 in the Appendix of this RFP. c. Understanding of Need: Proposal shall include an outline which demonstrates the firm's understanding of the scope of work. This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of. d. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub- contractors that outline their technical and design experience. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm. e. Relevant Proiect Experience: Proposal shall include a list of projects which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. f References: Proposal shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years 2. SCOPE OF SERVICES & SCHEDULE Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work, shown in Attachment 1 in the Appendix of this RFP. 3. FEE PROPOSAL: A fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, and/or a Project Fee Schedule where applicable and as outlined in the Scope of Work. 4. CERTIFICATIONS: The following forms, included in Attachment 3 in the Appendix of this RFP shall be signed and included as part of the proposal submittal package: • Attachment 3 -1: Non - Collusion Affidavit • Attachment 3 -2: Non - Lobbying Certification • Attachment 3 -3: Non - Discrimination Certification 25M -21 Exhibit A - Request for Proposals V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING Refer to Section I, General. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the agreement to the proposer who will provide the best quality and value to the City. City reserves the right to begin negotiations and enter into an agreement without interview or further discussions. VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Project Manager will recommend award of an agreement between to the proposer providing the best quality and value to the City. B. EXECUTION OF AGREEMENT A standard agreement is included as Attachment 2, in the Appendix of this RFP. "Proposer" will hereinafter be referred to as "Consultant' in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. VII. IMPLEMENTATION A. KICK -OFF MEETING A kick -off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick -off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved. VIII. PUBLIC RECORDS All responses to the RFP shall become property of the City, and proposals will become public record after award of agreement. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. 25M -22 Exhibit A - Request for Proposals Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO.: 14 -069 GENERAL The City of Santa Ana is regulated by the Waste Discharge Requirements for the County of Orange, Orange County Flood Control District, and the Incorporated Cities of Orange County within the Santa Ana Region ( "MA4 Permit ") issued by the Santa Ana Regional Water Quality Control Board ( "Regional Board "). (Regional Board Order No. R8- 2009 -0030, NPDES No. CAS618030, as amended by Regional Board Order No. R8- 2010 - 0062.) The MS4 Permit is currently being rewritten and is expected to be adopted soon. The MS4 Permit requires the City to implement programs, such as commercial and industrial inspections and public outreach. It also requires the City to comply with discharge prohibitions. Complying with the MS4 Permit's requirements imposes financial burdens on the City. The City of Santa Ana (The City) is soliciting proposals from professional consulting firms to perform a fee study for the City of Santa Ana Federal Clean Water Protection ( NPDES) Program. Consulting services will require a full understanding of EPA's and the Regional Board's current regulations and permits, a firm understanding of the new draft MS4 permit and the TMDL requirements for the Newport Bay. The work, in general, consists of having a full understanding of the potential costs attributed to this program and the expertise to evaluate and recommend various funding options. The analysis shall include at a minimum all funding options with all requirements required to implements these fees and a clear and justifiable nexus for each funding source. The Consultant shall be able to assist the City through this contract to provide the necessary services. The Consultant shall utilize in -house staff and/or sub - Consultants to complete the assignments to meet the City requirements. For specialized work for which the prime Consultant shall require a sub - Consultant, the prime Consultant shall serve as an administrative liaison between the City and the sub - Consultant. The prime Consultant mark -up for sub - Consultants shall not exceed 10 %. The Proposal shall be limited to fifteen (15) pages and the Firms qualifications shall be limited to twenty (20) pages for a total page count of 35. A cover letter shall summarize key factors and guarantee that key personnel shall be committed to manage and perform the required tasks throughout the duration of the contract. A separate Fee Proposal to perform the work as described herein shall accompany the Proposal in a separate sealed envelope. 25M -23 Exhibit A - Request for Proposals II. SCOPE OF SERVICES The Consultant shall perform the above noted services resulting in a comprehensive report that includes all projected and anticipated costs and all funding options of the NPDES Program with a clear and justifiable nexus. For each funding source the Consultant shall provide the necessary expertise and experience required to implement the fee. The Consultant shall provide a Work Plan which details the process for the services requested herein. Specific Task Orders with Notices to Proceed (NTPs) will be provided for the project at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order. The Consultant shall have complete responsibility for the accuracy and completeness of the Fee Study. The Fee Study will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. The Fee Study shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance are: a product neat in appearance, well organized, technically accurate, and grammatically correct with the authors and reviewers identified. The Consultant shall have quality control procedures for the Fee Study being performed under the Agreement. The quality control procedures shall include at a minimum the following: a process for checking accuracy of the Fee Study and an independent review that confirms the accuracy of the Fee Study. All documentation, correspondence, memoranda, etc. used to support the Fee Study shall be organized and bound in a separate file and included with the Fee Study. The Consultant's services for the Fee Study shall include at a minimum the following: 1. Research existing permits and records and analyze for costs with respect to this program. 2. Research pending/draft permits and analyze for costs with respect to this program. 3. Research existing and future TMDL requirements for the Newport Bay for costs with respect to this program. 4. Clearly identify the costs attributed to this program and properly categorized by function. The study shall allocate the revenue requirements for each customer class within and doing business with the City. 5. Research the five most common avenues to generate revenues for this program. They are: (1) taxes (both general and special), imposed for general revenue of the City or for specific purposes or programs; (2) property- related fees and charges, imposed as an incident of property ownership; (3) regulatory fee, imposed under the City's police power; (4) development fees, exacted in return for permits or other government privileges; and (5) special assessments, based on the special benefits conferred on property by the services or facilities for which the assessments are imposed. 6. Research new and innovative avenues to generate revenues for this program. 7. Provide support services for the process required to implement the funding sources 8. Prepare a detailed report that summarizes the projected costs and recommended funding avenues for this program. 9. Monitor Fee Study progress, maintain project files, and perform quality control for the work performed in house and by sub - Consultants. Incomplete and poor quality work and failure to meet milestones will not be accepted. All revisions and overtime required to bring the project back on schedule shall be performed at the Consultants expense, at no cost to the City. The 25M -24 Exhibit A - Request for Proposals Consultant and its sub - consultants shall conduct themselves at professional -level and shall provide a professional -level work product. 10. Attend regular progress meetings, at a minimum bi- weekly, to review progress with City staff. 11. Cost and Fee Analysis Study Proposal: The Proposal shall include a narrative for the fee analysis approach and the steps for providing a comprehensive cost and fee analysis; with a schedule to complete the Study. Note, no staff hourly rates or total study costs shall be included in the Proposal for the Study. The hourly rates and total costs shall be included in the Fee Proposal for the Study. A. Indicate any assumptions made for the Study which are described as follows: i) The revenue requirement of the City's stormwater program. ii) Customer characteristics. The City's 2003 study used data from two systems — property information, including lot area in the Santa Ana Information System ( "SAPIN"), and utility customer information in the Municipal Utility System (the "MUS "). Provide new data system that provides better land use or customer related information. iii) Determine customer classifications needed to fairly distribute the fee. iv) For non - residential customer, determine if there any additional unique land use descriptions that should be assigned to a subclass. V) Update the number of customers within each customer class and subclass. vi) Determine runoff coefficients for the customers. vii) Determine if there are any new, updated pollutant loading studies and whether new pollutant loading coefficients by land use type are appropriate based on current NPDES permit requirements or if there is a more appropriate method for allocating these costs. B. For the Proposal, list the number of hours and staffing position levels anticipated to complete a comprehensive cost and fee analysis without the hourly rates. C. For the Fee Proposal, list the number of hours and staff position levels anticipated to complete a comprehensive cost and fee analysis with the hourly rates. III. CITY RESPONSIBILITIES The City will provide the following: • All coordination within the City • A copy of the 2003 Stormwater Fee Study • Access to all files needed to perform the Fee Study 25M -25 Exhibit A - Request for Proposals Appendix ATTACHMENT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of , 201 by and between , a sole ownership entity, (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of B. Consultant represents that Consultant is able and willing to provide such services to the City C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the Field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $ during the term of this Agreement. b. Payment by City shall be made within # of days (XX) 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. 3. TERM This Agreement shall commence on the date first written above and terminate on , 201X, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 25M -26 Exhibit A - Request for Proposals 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 25M -27 Exhibit A - Request for Proposals C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fally executed additional insured endorsement. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, 25M -28 Exhibit A - Request for Proposals judicial or equitable relief due to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimtum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and farther agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 25M -29 Exhibit A - Request for Proposals 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: Exec. Director XXXXX Agency City of Santa Ana 20 Civic Center Plaza (M -) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -XXXX City Attorney City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 -647 -6515 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the 25M -30 Exhibit A - Request for Proposals terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 17. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, 25M -31 Exhibit A - Request for Proposals approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, 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. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT: By: Name of Attorney (name) Assistant City Attorney (title) Tax ID# RECOMMENDED FOR APPROVAL: Name Executive Director — (Agency) 25M -32 Exhibit A - Reduest for Proposals EXHIBIT A SCOPE OF SERVICES (from Attachment I of RFP) EXHIBIT B CONSULTANT PROPOSAL FEE SCHEDULE (OR) RATES AND CHARGES EXHIBIT C CERTIFICATIONS (from Attachment 3 of RFP) 25M -33 Exhibit A - Request for Proposals APPENDIX ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO.: 14 -069 NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, farther, that the ,BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal 25M -34 Exhibit A - Request for Proposals APPENDIX ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO.: 14 -069 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the malting of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated fiends have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subj ect to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date 25M -35 Exhibit A - Request for Proposals APPENDIX ATTACHMENT 3 -3: NON - DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO.: 14 -069 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 25M -36 Exhibit A - Request for Proposals 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: 25M -37 25M -38 Exhibit B - Schedule of Services JUNE 23, 2015 CITY OF SANTAANA Proposal for NPDES and Environmental Program Fee Study submitted by L A R R Y WALKER DAN CLOAK ENVIRONMENTAL CONSULTING 1 -39 c� lilt ( e� AA x Q � h gggg gg g gggQ gg �y g 9 ^Y 8 C C e § pp F 5 ¢f y 8d E di gg 4 S Y a �ggg� � i 1 a ppC x ro b 0 o i (( 6 b o � a � � a b c� lilt ( e� AA x Q � 25M -40 h gggg gg g gggQ gg �y g 8 C C lB pp 5 8d E di 25M -40 \�/ f )\ ! I 0. ( �m /k tow )\ 25M-41 i \!§ �(} )\ !! \ < ƒ\ »� ° t \\< .».�» j �q�\ ««� �e� < : «> »-, © - � .«yw 25M-41 i \!§ �(} )\ !! \ < ƒ\ PERSONNEL Project Staff Amy Bonato Allison Lewis Denise Parran Adrian@ Stovall Jennifer Bayley Suzanne Brown Michelle Benson Kathryn Walker Zachary Holsley Steve Maricle Danielle Moss Elizabeth Yin Bryant Alvarado Rani Keane- Dengel Airy Krich- Brinton Jeff Walker Alina Constantinescu Will Lewis Mike Marson Giles Peltifor Hope M. Taylor Rachel Warren Senior Staff Kristine Corneillie Karen Cowan Diana Engle Paul Hartman Gorman Lau Amy Stonn Mike Trouchon Associate Denise Conners Betsy Elzufon Sandy Mathews Mitch Mysliwiec Claus Suverkropp Principal Karen Ashby Ash Ii Cooper Desai Brian Laurenson Chris Minton Mack Walker Tom Grovhoug Exhibit C - Compensation LARRY WALKER ASSOCIATES Rate Schedule Effective July 1, 2015 — June 30, 2016 Rate $ /Hour $ 75 $ 75 $ 75 $ 75 $135 $135 $140 $140 $155 $155 $155 $155 $170 $170 $170 $170 $190 $190 $190 $190 $190 $190 $215 $215 $216 $215 $215 $215 $215 $240 $240 $240 $240 $240 $265 $265 $265 $255 $265 $290 REIMBURSABLE COSTS Travel Local mileage Transportation Auto rental Fares Room Subsistence nl Current IRS rate Actual expense Actual commercial rate Actual expense Actual expense $48 per day The rate for each meal as follows: t Breakfast Lunch $ 9 Dinner $13 Incidentals $21 $ 5 Report Reproduction and Copying: Actual outside expense Per black and white copy, $D 08 in -house Per color copy, In -house $0.89 Per binding, in -house $1.95 Special Postage and Express Mail: Actual expense Other Direct Costs: Actual expense Daily Equipment Rental Rates: All single parameter field meters (pH, EC, D.O., Turbidity) Multi- parameter field meters Peristaltic Sampling Pump Professional grade GPS unit Digital Flow Meter Digital Fluorometer Multi- parameter Data Sonde (with telemetry) - first day - each additional day Subcontractors: Actual expense plus 10% fee $25 each $35 $35 $25 $45 $45 $200 $ 40 Note: m Charged when overnight lodging is required. 25M -42 Revised 5114115 Exhibit C - Compensation SCI Consulting Group 25M -43 Rate Schedule Effective July 1, 2015 — June 30, 2016 PERSONNEL Rate REIMBURSABLE COSTS $ /Hour Principals Travel: Gerard van Steyn $210.00 Local mileage • Current IRS rate John Bliss, P.E. $210.00 Transportation . Actual expense Auto rental . Actual expense Fares • Actual expense Room • Actual expense Senior Staff Jerry Bradshaw, P.E. $205.00 Food • Actual expense Blair Asa $185.00 Susan Barnes $185.00 Jesse Salmon $185.00 Maria Garcia - Adarve $185.00 Special Postage and Express Mail: • Actual expense Project Staff ArceliaHerrera $145.00 Other Direct Costs: Jeanette Hynson $145,00 .Actual expense Melanie Lee $145.00 Angela Pagtalonia $145.00 Jennifer Per Lee $145.00 Note: (9 Charged when overnight lodging is required. Administrative Staff Ginger Ouichocho $65.00 25M -43 Exhibit C - Compensation Dan Cloak Environmental Consulting A Sole Proprietorship 2015 Fee Schedule Charges are for professional services and direct expenses. A new fee schedule is issued at the beginning of the calendar year and applies except by previous agreement. Invoices are prepared and submitted monthly unless arranged otherwise. Professional Services Charges are for any technical or related work necessary to perform the project. "Tasks may include environmental consulting, engineering, computer-related services, regulatory liaison, and report preparation. Charges are in increments of one quarter -hour. Dan Cloak, P.E. (Principal) ...... ............................... .......,....................... $160 /hour Direct Expenses Expenses directly related to services provided will be charged at cost. Examples of direct expenses are: • Subcontracted services • Special fees, insurance, or permits needed specifically for the project • Copying and reproduction • in -office black & white copies 10¢ /page • iii-office color copies 25¢ /page • Rental of special equipment • Costs of authorized travel outside the Bay area • Automobile mileage (IRS rate), tolls, and fares directly related to services 25M -44 Exhibit D - Certifications JUNE 23, 2015 CITY OF SANTAANA Proposal for NPDES and Environmental Program. Fee Study DAN CLOAK ENVIRONMENTAL CONSULTING 25M -45 Exhibit D - Certifications Appendix A: Certifications 25M -46 Exhibit D - Certifications This page intentionally left blank 25M -47 Exhibit D - Certifications APPENDIX ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO,: 14 -069 NON - COLLUSION AFFIDAVIT_ (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, cormnunication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against die public body awarding the contract of anyone interested hn the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note; The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit, BIDDERS are cautioned that making a false certification may subject the certifier to crinninal prosecution. Signed State of California County of YUJO Subscribed and sworn to (or affroned) before me on this 14� day of , 201, by --- , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ALO LEWIS,, COMM. 079292 `-�' o NOTARY PUBLIC -CALIFORNIA p sACRAMENTO COUNTY Yary Public Signature Notary Public Seal My Comm. Expires 12N212076 25M -48 Exhibit D - Certifications This page intentionally left blank 25M -49 Exhibit D - Certifications APPENDIX ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR NPDES c& ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO.: 14 -069 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: I . No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with die awarding of any federal contract, the mating of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Lalr!a.t Wa, IkCeY 455raci44,cS Signed and Printed Name: _ & (er t nn R_1 1i, Title JlQt TVC5'AAey1$- a Date 25M -50 Exhibit D - Certifications This page intentionally left blank 25M -51 Exhibit D - Certifications APPENDIX ATTACHMENT 3 -3: NON - DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR NPDES & ENVIRONMENTAL PROGRAMS FEE STUDY RFP NO.: 14 -069 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 1 The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non- compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted constriction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 25M -52 Exhibit D Certifications 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: i CtKt 5 i r� Yi Finn: �-.dvf g VJ d 1Vf (- a5f r)c i �IA f 5 Date: LQ 111 LS 25M -53 25M -54 7or 4th otov.Suite Davis, CA 95616 530.753.7030 fax Dear Mr. Cheuooek The City of Santa Ana (Citv) faces m series o[complex regulatory, technical, and funding oheUm es to irnp|en�ent�$mmmnkcipoyo(ormnwoterpermoi!(��S4Penn|U and rwqu|remnwntoassociated vvi1hTotal �Maximum Daily Loads (TMDLs). Larry Walker Associates, Inc. (LWA), in association with SCI Consulting Group (SC|) and Dan Cloak Environmental Consulting (LWA Team), has assembled a project team with the technical expertise, local knowledge, and relevant experience to provide a comprehensive Fee Study and implement funding approaches selected by the City. The LWA Team has a long history of serving clients throughout the state with fee studies, successful public opinion surveys d/ Proposition 218 balloting including Orange County, El Dorado C Contra Costa County, Ventura County, Los Angeles County, and the City of Stockton. We excel at developing and delivering innovative, strategic, and technically sound solutions to address stormwater and TMDL program requirements in an efficient and cost-effective manner. Our Team's intimate understanding of the Orange County slormwater program and the upcoming permit modifications as well as our experience in estimating costs for full Implementation of the stormwater program (including TMDLs) and fee study development will provide the vision and experience needed to strategically support the City. Our Team has the background, expertise, and commitment to support the City am demonstrated byour: • Familiarity with the current and upcoming MS4 Permit requirements gained through intensive involvement with its negotiation, adoption and implementation; • Long-term support for the development and implementation of stormwater programs (e.g., since 2O03 for the County wf0nange); • Experience developing, negotiating, mnd/mrionp>enoonbngTyNBLsihrnughou1Cm||h»rnie'indod|n0the Newport Bay Watershed TM0Lm; • Experience in estimating costs for stormwater programs and/or TMDLs; and • Direct experience in conducting over 130 successful community-wide Proposition 218 ballotings. We are confident that our knowledge and understanding nY the regulatory environment, ntonnvvmbmrand |u1DL requirements, cost estimating, evaluation of funding options, and implementation uf funding strategies will provide the City with a partner to meet the challenges of this project and achieve successful outcomes, All key personnel are immediately available to support the City with this effort and are committed to perform the tasks required by their assigned role for the duration of the contract, Additional staff support is also available from L8V& and SCI 0u provide assistance amneeded. As an authorized representative on behalf of LWA for contractual agreements pertaining to the proposed services, I appreciate the opportunity to submit this proposal for consideration and look forward to working with you. For any questions that you may have, feel free to contact me at (530) 753-6400 x232 or Sincerely, Koren Vice President, Larry Walker Associates ��U�U ����� �� ��� Exhibit E - LWA PROPOSAL RFP NO. 14 -069 This page intentionally left blank 25M -56 Exhibit E - LAVA PROPOSAL RFP NO. 14 -069 JUNE 23, 2015 CITY OF SANTAANA Exhibit E - LWA PROPOSAL RFP NO. 14 -069 This page intentionally left blank 25M -58 L KFF NO. 14 -U69 Proposal Provided tot City of Santa Ana, Public Works Agency, ` Overview In responding to the City of Santa Ana's Request for Proposal (RFP) No. 14 -069, NPDES & Environmental Programs Fee Study, Larry Walker Associates, Inc. (LWA) has assembled a project team, consisting of SCI Consulting Group (SCI) and Dan Cloak Environmental Consulting [hereinafter referred to as the LWA Team], that has demonstrated, long -term experience with the Orange County Stormwater Program and total maximum daily loads (TMDLs) and success in the management and delivery of rate evaluation and fee studies similar to the services requested. The information requested in the RFP is located in this Proposal as summarized below in Table 1. The LWA Team offers the City of Santa Ana the unique benefits of having local area knowledge, long -term experience with the development and implementation of the municipal stormwater permit and total maximum daily load (TMDL) requirements, and demonstrated expertise and success in evaluation and implementation of innovative revenue sources. LWA has a history of working with the Orange County Stormwater Program and, as such, has in -depth understanding of the permit and TMDL requirements, the level of effort necessary to implement them, and the associated funding challenges. In addition, SCI has completed over 100 successful survey and Proposition 218 related ballotings throughout the state. Ms. Karen Ashby (LWA Project Manager) has closely supported the Orange County Stormwater Program for almost two decades, and both Ms. Ashby and Ms. Karen Cowan have an in -depth understanding of the Newport Bay Watershed TMDLs. In addition, the LWA Team members have successfully collaborated on previous projects, including two of the projects submitted under Section 1.e. /1.f. Relevant Project Experience & References. RFP Requested Information Section Where Item is Addressed in Proposal 1. Statement of Qualifications 1a. Cover Letter 1b. Agreement Statement 1c. Understanding of Need 1d. Firm and Team Experience • Firm Background & Experience • Organization Chart • Resumes 1e & 1f. Relevant Project Experience & References 2. Scope of Services & Schedule 3. Fee Proposal 4. Certifications • Attachment 3 -1: Non - Collusion Affidavit • Attachment 3 -2: Non - Lobbying Certification • Attachment 3 -3: Non - Discrimination Certification • Cover Letter • 1.b. Agreement Statement • 1.c. Understanding of Need • 1.d. Firm & Team Experience • Figure 1. LWA Team Organization • Resumes • 1.e. / 1.f. Relevant Project Experience & References • Project Descriptions • 2.0. Scope of Services & Schedule • Provided in Separate Envelope • AppendixA Table 1. Proposal Sections Addressing Information Requested in the RFP iWs �1, NPDES & Environmental Programs Fee Study P RFP No. 14-06 2 5,' -59 June 23, 2015 at 2:00 p. m9 F RFP NO. 14 -069 Proposal Provided to: City of Santa Ana, Public Works Agency y' 1.b. Agreement Statement The LWA Team has no exceptions to the Standard Agreement for services, Attachment 2 to the RFP. 1.C. Understanding of Need The City of Santa Ana (City) is regulated by Waste Discharge Requirements for the County of Orange, Orange County Flood Control District, and the incorporated cities of Orange County (Co- permittees) within the Santa Ana Region (MS4 Permit)'. The County of Orange is the Principal Permittee and has responsibility for overall program management and conducting some of the program elements on behalf of the Co- permittees. The core program elements that must be included within the Drainage Area Management Plan (DAMP) and jurisdictional Local Implementation Plans (LIPS) include: • Legal Authority /Enforcement • Illicit Discharges /Illicit Connections —Litter, Debris, and Trash Controls • Construction Site Inspections • Industrial Facility Inspections • Commercial Facility Inspections (Public and Private) • Residential Program • New Development /Significant Redevelopment • Public Education and Outreach • Municipal Facilities /Activities • Water Quality Monitoring In addition, the City is required to develop and implement watershed action plans, which address waterbodies on the 303(d) list as well as waterbodies with total maximum daily loads (TMDLs). The City's MS4 drains to the Santa Ana River and Newport Bay Watersheds and is named in several Newport Bay Watershed TMDLs, which require that additional programs and /or best management practices (BMPs) be implemented. These TMDLs include: • Nutrients in San Diego Creek and Newport Bay' • Fecal Coliform in Newport Bay' • Organochlorine Compounds in San Diego Creek and Newport Bay Watersheds" • Diazinon and Chlorpyrifos in San Diego Creek and Newport Bay Watersheds' • Toxics in San Diego Creek and Newport Bay Watersheds' • Selenium in the Newport Bay Watershed (still under development) The costs for the development, implementation, and operation /maintenance of the programs that are implemented pursuant to the Fourth Term Permit are significant and include both Shared' and Individuals Costs for the City: ' Order No. 118- 2009 -0030, as amended by Order No. RS- 2010 -0062— NPDES No. CAS618030 z Resolution No. 98 -9, as amended by Resolution No. 98 -100 3 Resolution No. 99 -10 4 Resolution No. R8- 2011 -0037 5 Resolution No. R8- 2003 -0039, it is anticipated that, the portion of this technical TMDL that addresses selenium, will be replaced by a Selenium TMDL in 2016. 6 EPA established June 14, 2002 NPDES & Environmental Programs Fee Study RFP No. 14 -069 25M ?� O June 23, 2015 at 2:00 p.m. L RFP NO. 14 -069 Proposal Provided to ='ry; City of Santa Ana, Public Works Agency y • Shared Cost Budget for Orange County Stormwater Program 2014 -2015 — "'$5.4 Million • Individual Cost Budget for Orange County Stormwater Program Copermittees 2014 -2015 - -104.8 Million The costs for the program have almost tripled since the inception of the stormwater program and are anticipated to continue to increase with the renewal of the MS4 Permit. The key areas that are anticipated to have significant financial impacts to the City in the near -term include the following: The Santa Ana Region MS4 Permit is in the process of being renewed and is expected to be adopted by late 2015. While much of the MS4 Permit is expected to remain the same or fairly similar', it is highly likely that the revised MS4 Permit will require a much more robust reasonable assurance analysis /study in order to provide a mechanism for the City to be in compliance with the MS4 Permit Receiving Water Limitations provisions (a compliance pathway) while the program is being implemented, but the receiving waters are not yet meeting water quality standards. The level of effort for the reasonable assurance analysis is functionally a "TMDL - lite." The Newport Bay Watershed stakeholders are working with the Regional Board to develop a TMDL to address selenium. Although it is structured as a Phased TMDL that will be implemented over 20- 30 years, the BMP Strategic Plan for the Santa Ana -Delhi and San Diego Creek Subwatershed (December 2013) and the resulting TMDL implementation plan will require the City to continue to participate in and evaluate /implement /monitor various BMPs, including the Santa Ana -Delhi Diversion Project. • The adoption of the Trash Amendments by the State Water Resources Control Board in April 2015 will require the City to select one of two compliance approaches (Track 1 or Track 2) in order to comply with these new requirements. While it is recognized that this program may be implemented jointly with the County of Orange and /or other MS4s, the fiscal impact to the City is expected to be substantial. The fiscal impact of the City's stormwater program is anticipated to increase because of additional, costly permit requirements. This fiscal challenge is exacerbated by the fact the California's Proposition 21810 regulations requires ballot measure approval for a new or increased fee dedicated to support storm drainage services — unlike services for water, sewer and /or solid waste collection, which are exempt from this balloting requirement. Most communities in California that have considered a dedicated funding source for stormwater services have determined that the base support level amongst local voters is below the threshold to generate the optimal funding level — and a more complex approach is needed. The City is seeking assistance in conducting a Fee Study, which would determine the cost impacts and revenue requirements of current and proposed stormwater permit programs, and identify and recommend various funding options. The general approach for the development of the Fee Study includes the following: 7 Shared costs include those activities performed by the County of Orange as Principal Permittee under the Program's Implementation Agreement and the separate cost share agreements for the TMDLs. E Individual costs include those incurred by each Permittee from the implementation of the jurisdictional LIP. 9The key areas that may be modified within the renewed MS4 Permit include Receiving Water Limitations, TMDLs, Municipal Inspection Programs, and New Development /Significant Redevelopment. 10 In November 1996, California voters approved Proposition 218, which requires that any new or increased property- related fee for storm drainage be subject to ballot measure approval NPDES & Environmental Programs Fee Study t RFP No. 14 -069 ���C June 23, 2015 at 2:00 p.m. L RFP N U. 14 -U69 Proposal Provided to:; �1 City of Santa Ana, Public Works Agency 1. Assessment of current and projected stormwater program (including TMDLs) expenditures and revenue sources a. Estimated annual expenditures implementing the stormwater program to date b. Projected costs for full implementation of the stormwater program c. Projected financial resources gap and annual funding needs for the long term implementation of the stormwater program 2. Document the feasible funding sources and compare /contrast the inherent advantages, challenges, and /or legal restrictions 3. Develop a range of reasonable and feasible alternatives based on potential funding sources and identify a preferred alternative 4. Identify an implementation plan for the preferred alternative Based on the requested Scope of Work in the Request for Proposals (RFP), the LWA Team recommends the five (5) tasks below for the development of the Fee Study. The tasks are described in more detail in Section 2.0. Scope of Services and Schedule. 1) Kickoff Meeting: A shared understanding of the project objectives and participant roles will set the foundation for a successful project. After contract award, the LWA Team key personnel will meet with City to discuss the scope of services, schedule and implementation process. 2) Regulatory Assessment & Cost Analysis: The Team will work with the City to identify the major costs needed to implement a successful stormwater program and comply with the MS4 Permit. We will assess the stormwater and TMDL requirements, review previous stormwater and TMDL - related reports and budgets, and identify current expenditures as well as the costs for full implementation. 3) Funding Options & Recommendations: The LWA Team will perform a cost allocation of the stormwater program's compliance costs categorized by function and customer class. We will then evaluate revenue mechanisms, including balloted and non - balloted approaches, innovative fees /assessments /funding approaches, and special assessments. Thereafter, we will provide recommendations to the City. The Team will also support the City with implementing the selected funding mechanism(s) and conduct pollutant loading analysis as needed. 4) Fee Study: The City will receive a comprehensive and accurate Fee Study that consists of information developed in Tasks 2 and 3. The Report will include the evaluation of funding options, recommended funding mechanism(s), and an implementation plan. 5) Revenue Source Implementation Support (As Needed): Based on the direction received from the City, the LWA Team will assist as needed with the implementation of the selected funding mechanism(s). 6) Project Management: To ensure that the project progresses efficiently and effectively, the Team will conduct conference calls and other meetings as needed. Ms. Karen Ashby, Project Manager, will ensure that the project deliverables are accurate, thorough and well presented. Quality assurance /quality control procedures, which include an independent review, will be implemented to ensure the accuracy of the Fee Study. The Team will maintain up -to -date project files. With extensive experience in designing and managing stormwater programs that comply with complex and dynamic MS4 permit requirements, expertise in pollutant load estimating, and identification and successful implementation of revenue mechanisms, the LWA Team is uniquely positioned to present the City of Santa Ana with viable funding options to finance a full implementation of the City's stormwater program. NPDES & Environmental Programs Fee Study Page 4 RFP No. 14 -069 V 2 June 23, 2015 at 2:00 p.m. 25M- L RFF NO. 14 -069 Proposal Provided to , City of Santa Ana, Public Works Agency, 1.d. Firm & Team Experience The LWA Team has the technical expertise, local knowledge, and background to support the City of Santa Ana with a comprehensive cost and fee analysis as well as implementation of funding mechanisms. The Team was carefully selected to meet the goals of the project while maximizing each firm's strengths. Our Team has successfully developed Proposition 218 balloted property - related fee studies and public opinion surveys in multiple regions, including Contra Costa County and the City of Stockton; in particular, SCI Consulting Group has conducted over 130 community -wide Proposition 218 ballotings. Our Team also has a thorough understanding of the Orange County Stormwater Program and the City's TMDL requirements, in particular those at the Newport Bay Watershed with LWA supporting the program since 2002. Dan Cloak Environmental Consulting, who performed with LWA and SCI on the successful Contra Costa County funding initiative, will serve in the role of Independent Reviewer. Our established relationships with regulatory agencies and work processes ensure that our Team will deliver high quality and responsive services. A brief description of each firm, including their services and expertise, is provided below. The project team personnel and their roles are provided in Subsection 1.d.1. Project Team. L A R R Y Larry alker Associates, Inc. LWA is a WALKER y privately owned firm headquartered in Davis, Our Offers Unique CA with regional offices in Santa Monica, to the City of Santa Ana Ventura, Carlsbad, San Jose, and Berkeley, California and in Seattle, Washington. LWA ✓ Intimate understanding of the provides environmental engineering and Orange County Stormwater ASSOCIATES p g g Program and implementation management services throughout California. requirements Mr. Larry Walker, who is the former Executive Officer of the ✓ Thorough understanding of the California State Water Resources Control Board, founded TMDL requirements for the LWA in 1979. LWA currently has a staff of 42 employees City, including the Selenium TMDL for the Newport Bay who provide a wide range of consulting services for Watershed municipal stormwater programs statewide, including ✓ Conducted similar work for program management, regulatory, and NPDES and MS4 other stormwater programs permit assistance. LWA has been a leader in all phases of ✓ Proven record of successful stormwater management for municipal and state clients, public opinion surveys and with extensive experience in the planning and Proposition 218 balloting implementation of stormwater management and compliance programs since 1990. We have successfully worked with the Santa Ana Regional Water quality Control Board, and have provided regulatory, cost analyses, funding implementation support, and numerous other technical support services for over 300 municipal clients throughout California, including Orange County. Ms. Karen Ashby, LWA Project Manager proposed for this contract, previously managed the Orange County Stormwater Program as an employee of the County of Orange and has provided support to the program as a consultant since 2003. LWA has a demonstrated record of accomplishment in building collaborative teams to support stormwater programs. For this effort, LWA will be supported by SCI Consulting Group (SCI), a leader in developing successful survey and P218 balloting as well as implementing non - traditional funding strategies for stormwater programs in Southern California. As the Prime Consultant with the sole responsibility to the City of Santa Ana for successful project delivery, LWA will coordinate the work efforts to provide seamless support to the City. NPDES & Environmental Programs Fee Study RFP No. 14-069 ;� �'`j June 23, 2015 of 2:00 p.m. Proposal Provided to: City of Santa Ana, Public Works Agency FQ SCI Consulting Group (SCI) is a public finance consulting firm with IConsultingGroup 30 years of expertise in assisting public agencies in California, including the County of Orange, City of Orange, and City of Placentia, with planning, justifying and successfully establishing new revenues for their service and capital improvement needs and objectives, and managing special assessment levies. SCI's 50 employees possess extensive benefit assessment engineering and formation expertise, particularly for agency -wide assessments that are much more difficult to gain property owner approval than development project or neighborhood assessments. Since Proposition 218 was approved in 1996, we have successfully farmed over 120 agency -wide new benefit assessments, which represent the majority of all post -P218 new agency -wide assessments in the State. These successful agency -wide assessments include all of the largest successful assessments in the State as well. SCI provides year -round special tax and assessment administration services and planning services for clients throughout California. Our firm currently administers over 400 assessment and special tax districts, comprising over 10,000,000 parcels. SCI's planning projects have included hundreds of development impact studies, facility and financing plans, demographic studies, cost of service and fee justification studies, and other planning and real estate studies. Moreover, Mr. John Bliss, proposed Task Lead for activities related to Funding Options & Recommendations, has served as the responsible Assessment Engineer on over 300 Engineer's Reports for new or increased assessments, comprising more post- Proposition 218 new assessment engineering than any other assessment engineer in the State. D p A, �i�O� Dan Cloak Environmental Consulting (DCEC) was founded by Mr. Dan Cloak in 2002. The one -man firm assists California municipalities with ENVIRONMENTAL CONSULTING stormwater NPDES compliance and urban watershed management. While specializing in stormwater treatment and Low Impact Development, DCEC has been involved in integrating stormwater pollution prevention practices into the everyday operations of municipal public works, planning and community development departments. DCEC worked with LWA and SCI on the successful Stormwater Quality Funding Initiative sponsored by the Contra Costa Clean Water Program. 1A.1. Project Team The LWA Team is comprised of highly qualified professionals to support the City with conducting the fee study and implementing funding options as well as providing project management. Our Team includes engineers, scientists and task leads who possess the qualifications and experience to successfully perform their respective role /function. As the Project Manager and Principal -in- Charge, Ms. Ashby is the primary point -of- contact to the City. The identified key personnel are charged with their assigned tasks, and in the event that Ms. Ashby is not available, the individuals will serve as the point -of- contact for their respective tasks. The project organization chart provided as Figure 1 identifies our Team's proposed key personnel as well as their roles. Table 2 provides the anticipated percentage of each individual's time committed to manage, execute and implement the various tasks on this project. Resumes highlighting the experience and qualifications for the key personnel are provided below. Page 1 6 25M -64 Key Personnel Percentage r I,' Giles Pettifor 25% Karen Cowan 15% Will Lewis 25% John Bliss 25% Dan Cloak 15% Table 2. Personnel Commitment NPDES & Environmental Programs Fee Study RFP No. 14 -069 June 23, 2015 at 2 :00 p. m. Proposal Provided to: City of Santa Ana, Public Works Agency Figure 1. LWA Team Organization w rm , T C � w Karen Ashby t'I Karen Ashby (') m o Giles Pettifor t'I Giles Pettifor (') •''' a ° Will Lewis (1) Karen Cowan I'> W John Bliss (2) oa c Giles Pettifor t'> c,2 Cost Allocation Assessment of o-4 Revenue Sources a v Pollutant ... E John Bliss izl (As Needed) = o Will Lewis John Bliss (Z) a G U 7 d u a Will Lewis I't LWA TEAM MEMBERS i — Larry Walker Associates 2 —SCI Consulting Group John Bliss (2) 3— Dan Cloak Environmental Consulting Karen Ashby (') Bold name indicates Task Lead Giles Pettifor t'1 "PrincipaFin- Charge Will Lewis t1> 1.e. / 1.f. Relevant Project Experience & References Table 3 below lists examples of the Team's projects for public agencies, on which the LWA Team and our staff performed relevant work within the last five years. As reflected in the table, the Team has experience performing all tasks related to conducting fee studies and implementing funding options. Project descriptions, including client name and contact information for references, are provided, afterthe resumes. LWA's reputation is a direct result of our professional and qualified staff and our commitment to fostering long -term relationships built on trust with our clients. Having successfully delivered similar projects to over 300 public agencies, we can readily provide additional references who can attest to our expertise, professional commitment and proven processes that deliver projects on time, on budget and to the complete satisfaction of our clients. 29M-65 NPDES & Environmental Programs Fee Study 015 No. 0p.m. June 23, 2015 at 2:00 p.m. Project Management' { rn �v iz Contra Costa Clean Water Program, Stormwater Quality Funding Initiative El Dorado County, Stormwater Finance Strategy King County, Stormwater Permit Cost and Rate Fee Change Study County of Orange, Nitrogen and Selenium Management Program Ventura County, Calleguas Creek Watershed Implementation Planning Los Angeles County, MS4 Permit Compliance Proposal Provided to: City of Santa Ana, Public Works Agency R5 Karen Ashby, John Bliss, Karen Ashby, John Bliss Giles Pettifor Karen Ashby, Karen Cowan Will Lewis, Giles Pettlfor Will Lewis, Giles Pettifor Table 3. The LWA Team has experience performing all tasks required to deliver a comprehensive cost and fee analysis. Page 1 8 25M -66 NPDES & Environmental Programs Fee Study RFP No. 14 -069 June 23, 2015 at 2:00 p.m. Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y C`n,n WALKER Karen Ashby, C1 ❑ SWQ V Vice President {rt I ASSOCIATES EDUCATION As Vice President and Project Manager for LWA, Ms. Karen Ashby has over 25 years of experience in the development, implementation and assessment of B.S. Biological Sciences watershed and stormwater management programs as well as watershed- specific University of California, studies and Total Maximum Daily Loads (TMDLs). She has been responsible for Irvine, 1991 facilitating permit renewals, reviewing and commenting on policies, guidance materials and permits, developing and implementing watershed and stormwater programs and TMDLs, developing program effectiveness strategies and REGISTRATIONS evaluating the effectiveness of SWMPs, developing program cost analyses for Certified Professional in funding initiatives, developing and providing stormwater - related adult learning - Stormwater Quality based training modules, and preparing technical reports. (CPSWQ), #0081, 2004 Orange County Area -Wide Stormwater Program. Hazardous Materials Project Manager since 2003 for the development, revision and implementation of Management Certificate, the area -wide stormwater management program (SWMP) for 36 Permittees. University of California, Efforts include regulatory and technical support for two separate municipal Irvine, 1997 stormwater permits, development of ongoing updates for programs, development of supplemental tools and guidance materials, development of overall training strategy and provision of multiple training modules, assistance YEARS OF EXPERIENCE with annual reporting, and development of program effectiveness strategies and assessments. With LWA: 12 Nitrogen and Selenium Management Program, County Of Orange. With other Firms /Agencies: Project Manager (2004 -2009) and Strategic Advisor (2013 — present) for the 13 Program (including the Newport Bay). Services have included development of nitrogen and selenium conceptual models, sources and loads evaluation; collaborative selenium TMDL; and waste load and load allocations, PROFESSIONAL implementation plan, environmental analysis, and documentation. Performed AFFILIATIONS review of impairment assessment; economic analysis; linkage analysis; and facilitation with watershed stakeholder group and regulatory agencies. Chair, 2004 4-2005 -2005 Contra Costa Clean Water Program. Assistant Project Manager for the analysis of existing and future costs for the Board of Director, CASQA countywide SWMP as well as all 21 Permittees. Oversaw analysis and 2002 -2004 development of existing program costs spreadsheets and technical report along Member, CASQA with consultant team. The information developed was used within a rate study to since 1999 determine funding needs and gaps, and identify available funding mechanisms. Stormwater Management Program, City of Stockton & County of San Joaquin. Project Manager since 2003 for development and revision of the Stormwater Management Plan and supplemental guidance materials including BMP fact sheets, standardized annual reporting formats, effectiveness assessment tools, training strategy and modules, and master compliance schedule. Oversaw multiple regulatory responses to Regional Water Quality Control Board. Provided technical support for funding rate study as well as regulatory support for permit renewals. Intimately involved in negotiation and development of permits. El Dorado County Lake Tahoe Stormwater Management Plan. Assistant Project Manager for the development of the Lake Tahoe SWMP and master compliance schedule. Oversaw development and submittal of SWMP, participated in public and internal meetings, and was lead author for several sections of SWMP including program management, illicit discharges, industrial and commercial, municipal operations, public outreach and education, water quality based programs and program implementation, evaluation, and reporting. Involved in a rate study to determine SWMP's funding needs and gaps. Pa e19 25M -67 Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER Giles Pettifor Project Scientist 11 ASSOCIATES EDUCATION Mr. Giles Pettifor is a Project Scientist II and Project Manager for LWA specializing in water quality, stormwater management, water resources, and NPDES permit M.S., Environmental Science compliance. He has gained over 14 years of professional experience working on and Management, water quality projects in seven states and with four sovereign Indian Tribes. Prior University of California, to joining LWA, Mr. Pettifor co- managed the municipal stormwater permit Santa Barbara, 2002 program for King County, Washington State's most populous county, for six years B.A., Claremont McKenna where he gained extensive experience in permit compliance management, MS4 College, Claremont, 1998 operations and maintenance, public outreach and education, low impact development, and TMDL development. Jurisdictional Runoff Management Plan, County of San Diego. YEARS OF EXPERIENCE Revised the municipal activities section of the County's Jurisdictional Runoff With LWA: 2 Management Plan (JRMP) to comply with the current MS4 Permit. With other Firms: 12 Water Quality Improvement Plan Development, City of San Diego. Assisted in the review and revision of the Water Quality Improvement Plans for three watersheds in the San Diego Region including Mission Bay. PROFESSIONAL County Sanitation Districts of Los Angeles County, Los Angeles County. AFFILIATIONS Assisted in developing the anti - degradation and Porter Cologne Act Section 13241 analyses for proposed infrastructure along the Santa Clara River. Member, CASQA Report of Waste Discharge, Ventura County Watershed Protection District. Assisted in developing TMDL compliance section of the Report of Waste Discharge (ROWD) for the Ventura County Stormwater Quality Management Program, including all Permittees under the Ventura Phase I MS4 Permit (Order 114- 2010 - 0108). The LA County MS4 Permit (Order R4- 2012 -0175) served as the basis for the ROWD, as it is the most recent Phase I MS4 Permit issued by the LA Regional Board. Municipal Stormwater Permit Program, Department of Natural Resources and Parks, Stormwater Services Section, King County. Oversaw King County's NPDES Phase I Municipal Stormwater Permit program for network of 11 County Departments, developing close relationships with 30+ neighboring Phase 11 Permittees, Tribal Nations, and regulatory agency staff. • Ensured implementation of nearly 100 permit requirements by developing numerous permit implementation and tracking tools, ensuring development/ submittal of required reporting documents. • In 2012, co- managed County response to new permit and analyzed associated resource needs, including budget analyses and stormwater fee assessment and rate increase. • Managed budgets, prioritizing and leveraging resources while navigating political processes to ensure that the County's myriad programs and 13,000 employees were protecting water quality in compliance with permit. • Co -led response to EPA compliance audit of entire stormwater management program, including 2 -day site visit audit and records request. r Personnel Experience & Qualifications Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER Karen Cowan Senior Scientist ASSOCIATES EDUCATION Ms. Karen Cowan is a Senior Scientist and Project Manager for LWA's work in the TMDL, stormwater, and watershed management fields. Ms. Cowan has over 15 A.B., Environmental Science years of experience in the review, development and management of TMDLs, and Policy, Geology, stormwater programs, and region -wide stakeholder- driven water quality Duke University, 2000 programs. She has supported clients in Los Angeles, Orange County, and San Diego in the negotiation of watershed -based stormwater permits. Her TMDL YEARS OF EXPERIENCE experience has included nutrients, toxics, selenium, organochlorinated compounds, toxicity, metals, bacteria, and sediment. She has facilitated multi - With LWA: 6 stakeholder groups and worked extensively with state and federal agencies, including the Los Angeles, Santa Ana, and San Diego Regional Water Quality With other Firms: 9 Control Boards, State Water Resources Control Board, USEPA, USGS, and USFWS. She has extensive experience in Santa Ana and the Orange County region. PROFESSIONAL Third Party TMDL for Selenium in the Newport Bay Watershed. AFFILIATIONS Project Manager responsible for developing Third Party TMDL for selenium in Newport Bay watershed. Working with County of Orange, developed series of Co- Chair, CASOA Watershed public workshops to identify and discuss key issues and final approaches for Management and Impaired TMDL. Developed creative solutions for complex bioaccumulative TMDL, Waters Subcommittee including Phased TMDL structure consisting of "hard" reopener prior to triggering Member, CASQA Executive final allocations and conditional allocations that allow for regional trading and Program Committee offsets. Currently working with State and Regional Board to gain approval from USEPA on key solutions. A final TMDL and Basin Plan Amendment will be developed and delivered to the Santa Ana Regional Board for approval in 2015. Calleguas Creek Watershed OC Pesticides, PCBs, and Siltation TMDL. Task Lead for development and implementation of special study to examine sediment transport and effects in Calleguas Creek watershed. Evaluation includes examining sediment quantity impacts on benthic community to establish whether Mugu Lagoon is impaired. Organized and managed Technical Advisory Committee of experts. Final report includes regulatory recommendations, including removing sedimentation portion of TMDL and associated WLAs. Next steps include working with stakeholders and Los Angeles Regional Board staff to implement recommended regulatory actions. Dominguez Channel, Greater Los Angeles, Long Beach Harbor Waters TMDL. Assistant Project Manager to assist City of Los Angeles Watershed Protection Division (WPD) with development of TMDL for Los Angeles and Long Beach Harbors. Developed alternative approaches to numeric targets, waste load and load allocations; implementation plan based on direct effects of sediment quality objectives; and alternative options for reasonable methods of compliance prior to TMDL reopener. Reviewed and commented on Draft TMDL at Regional Board and State Board level. Assisted with negotiations with EPA, State Water Resources Control Board, and Los Angeles Regional Water Quality Control Board. County of Orange, OC Watersheds Program. Prior to joining LWA, performed as Supervisor for OC Watersheds Program. On behalf of 17 funding partners, developed, managed and implemented TMDLS for nutrients, organochlorinated compounds, toxics, and selenium. From 2004 -2009, developed and chaired Nitrogen & Selenium Management Program (NSMP) with 23 public and private stakeholders to develop management strategies for selenium and nitrogen, including development of site - specific objective for selenium. Developed public participation strategy, coordinated independent advisory panel and served as NSMP liaison to regulators and public. 25M_ 69 Exhibit E - LWA PROPOSAL �RFP NO. 1'4 -069 D C WALRKER ill Lewis, C1 SWQ, C1 EVC t; Project Scientist II 4� n ASSOCIATES EDUCATION Mr. Will Lewis is a Project Scientist II with LWA who is adept in the application of computational tools to address complex hydrology and water quality problems. M.S., Environmental Science Mr. Lewis has been engaged in a wide array of water resource management work and Management, Water ranging from stormwater and receiving water modeling to developing and Resources Concentration, carrying out sampling and analysis programs. Since joining LWA, he has been University of California, heavily involved in efforts to comply with multiple separate storm sewer (MS4) Santa Barbara, 2008 permits and TMDLs throughout California. Recent efforts include supporting the B.A., Environmental Studies, development of a series of TMDL Implementation Plans in Ventura County, University of San Diego, Enhanced Watershed Management Programs (EWMPs) in Los Angeles County 2005 and Water Quality Improvement Plans (WQIPs) in San Diego County. Calleguas Creek Watershed Implementation Plan. Responsible for developing an innovative and collaborative equivalent to a REGISTRATIONS Reasonable Assurance Analyses (RAA) to address relevant TMLDs and 303(d) Certified Professional in listings on behalf of municipal, wastewater and agricultural stakeholders. Erosion and Sediment Developed a Hydrologic Simulation Fortran (HSPF) model to simulate hydrology Control (CPESC), #6388, 2011 and the fate and transport of pollutants through the watershed. Established baseline and target load reductions for pollutants of concern using monitoring Certified Professional in summary statistics. Stormwater Quality (CPSWQ), #0735, 2011 Enhanced Watershed Management Program Technical Review. Completed a technical review of Reasonable Assurance Analysis (RAA) approach, modeling methodology and documentation presented in the Upper Los Angeles YEARS OF EXPERIENCE River (ULAR), Dominguez Channel (DC) and Upper Santa Clara River (USCR) EWMPs on behalf of the City of Burbank (ULAR), Santa Clarita (USCR) and the City With LWA: 1 of Los Angeles (DC and ULAR). With other Firms: 9 Los Angeles River Upper Reach 2 and City of Walnut WMPs. Primary modeler responsible for establishing baseline pollutant loading and target load reductions to receiving water concentrations into compliance using PROFESSIONAL the Load Simulation Program in C ++ (LSPC). Carried out multiple iterations of AFFILIATIONS structural best management practice (BMP) modeling using the Structural BMP Analysis and Prioritization Tool (SBPAT) to develop a suite of BMPs acceptable for Member, Water the Watershed Management Group (WMG). Environment Federal, Society of Environmental North Santa Monica Bay /Jurisdiction 2/3 /Beach Cities EWMPs. Toxicology and Chemistry Developed conceptual modeling framework to be used in future EWMP's for three large coastal WMGs. The proposed modeling framework exclusively uses SBPAT to establish baselines loads, load reduction targets and loads reduced for each BMP. Los Angeles Dept. of Water & Power Stormwater Capture Master Plan. Responsible for carrying out all spatial constraints and opportunities analyses used to establish baseline stormwater capture and future LADWP efforts to enhance capture under various scenarios. Page 1 12 I.:. 25M -70 Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER ;'t John Bliss, M.Eng., P.E., LEED A.P. 4 Vice President ''t: SCI Consulting Group, Inc. (Team Member) ASSOCIATES EDUCATION Mr. John Bliss, a Professional Civil Engineer and Vice President of SCI Consulting Group, Inc., specializes in assessment engineering, special and general benefit M.Eng., Civil Engineering, analysis, crafting legally compliant, robust Engineer's Reports, assessment University of California, administration, cost estimating and budgeting, database design and Berkeley, 1990 implementation, regulatory compliance, and revenue measure formations. With Sc.B., Civil Engineering, 15 years of experience in this field of expertise, Mr. Bliss is a recognized expert Brown University, 1986 assessment engineer and Proposition 218 compliance specialist who has served as an expert witness and technical authority. He also has worked with most of the leading Proposition 218 specialized attorneys in the State, further expanding his REGISTRATIONS technical expertise. During his tenure at SCI, Mr. Bliss has served as the responsible Assessment Engineer on over 300 Engineer's Reports for new or Professional Engineer (Civil), increased assessments — comprising more post- Proposition 218 new assessment CA License No. C052091 engineering than any other assessment engineer in the State. LEED Accredited Professional Mr. Bliss also has extensive programming and database expertise. He taught the "Database Design for Project Management" course at UC Berkeley Extension and contributed to the computer and database programs that SCI uses as part of YEARS OF EXPERIENCE its assessment administration procedures. He also led the development of specialized software currently used to administer the state -wide CAL FIRE fee. 15 Prior to joining SCI, he co- founded information technology companies that focused on database and infrastructure management, including US Components and Construction Price, and worked as a field construction engineer for the Shimmick Construction Company and the US Department of Transportation. Contra Costa Clean Water Program. Faced with significant funding shortfalls to comply with permit requirements, the Contra Costa Clean Water Program ( CCCWP) embarked on the state's largest and most comprehensive revenue effort for stormwater management, beginning in 2010. The result is the 2012 Community Clean Water Initiative, a Proposition 218 - compliant property related fee, designed to generate over $8.5 million in annual dedicated funding to the County's member agencies. The CCCWP presented this county -wide fee initiative to property owners in the winter of 2012. County of El Dorado Stormwater Finance Strategy. Assisted the County of El Dorado and other stakeholder agencies with cost of service and financing strategy planning services for stormwater and NPDES improvements in the Tahoe basin. SCI analyzed current and potential funding sources including property - related fees, assessments, regulatory fees, taxes, and charges. Non - traditional funding approaches included user fees and the reorganization of government services to optimize funding for stormwater and pollution abatement services. This included an analysis and recommendations for potentially combining stormwater, wastewaster and refuse collection service fees to generate new revenues without requiring a Proposition 218 ballot proceeding. City of Los Angeles Stormwater /Water Quality Fee. Served as the lead assessment and fee engineer and Proposition 218 compliance manager responsible for evaluating the opportunity for a new city -wide stormwater /water quality fee. SCI's services included Proposition 218 compliance analysis, property - related fee analysis, modeling of weighted ballots and votes, property ownership and ballot participation modeling and opinion research. SCI provides strategic guidance to generate additional revenues for future stormwater, flood control and water quality objectives and has evaluated the relative opportunity for a voter - decided parcel tax. IMMULPersonnel Experience &Qualifications Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER Dan Cloak, P.E. ' i Principal /Y I Dan Cloak Environmental Consulting (Team Member) ASSOCIATES EDUCATION As a Professional Civil Engineer and Principal of Dan Cloak Environmental Consulting, Mr. Dan Cloak assists California municipalities and countywide M.S., Sanitary and stormwater programs with the implementation of all required activities and Environmental Engineering, reporting to comply with Phase I and Phase II stormwater NPDES permits. Mr. University of California, Cloak assists municipalities with the revision of their land development review Berkeley, 1989 procedures and the implementation of stormwater regulations for new B.E., Civil Engineering, City development. Mr. Cloak also assists local, countywide and regional entities with College of New York, 1986 watershed management planning. He designs Low Impact Development (LID) treatment and flow control features and facilities for commercial and residential projects. Mr. Cloak also provides technical support and expertise to litigants in REGISTRATIONS cases involving stormwater NPDES and surface water quality. Contra Costa Clean Water Program. Professional Engineer (Civil), Performed with Larry Walker Associates and SCI Consulting Group on the CA License No. C45577 Stormwater Quality Funding Initiative sponsored by the Contra Costa Clean Water Program. Mr. Cloak evaluated reports of existing costs and developed a model to estimate future costs of stormwater NPDES compliance for Contra YEARS OF EXPERIENCE Costa County and the 19 cities and towns within the County. The resulting 2012 29 Community Clean Water Initiative is a Proposition 218 - compliant property related fee, designed to generate over $8.5 million in annual dedicated funding for the County's member agencies. Santa Clara Valley Water District. As Senior Project Manager, wrote the Santa Clara Basin Watershed Management Initiative's Watershed Action Plan. Analyzed surface - water - quality monitoring programs. Santa Clara Valley Urban Runoff Pollution Prevention Program (EOA). As Supervising Engineer, designed, implemented, and supervised technical studies of stormwater treatment BMP feasibility, effectiveness, and cost. Performed as Principal Investigator for 2 -year USEPA- funded study testing physical, water - quality, biological, programmatic, and social indicators of effectiveness of municipal stormwater programs. City of Livermore. Assistant Water Resources Manager responsible for supervising design of plant expansion as well as a staff of 30 to operate and maintain a 6 -MGD water recycling plant, 5000- account water distribution system, municipal sanitary sewer, and stormwater drainage. Page 1 14 I' 25M -72 Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER 1�4 ASSOCIATES CLIENT Contra Costa County Clean Water Program CLIENT CONTACT Thomas Dalziel Contra Costa Clean Water Program 255 Glacier Drive Martinez, CA 94553 (925) 313 -2360 tdalz@pw.cccounty.us PROJECT DA TES 2010 -2011 LWA TEAM KEY STAFF Karen Ashby John Bliss Dan Cloal< KEY SERVICES • Permit Assessment and Cost Analysis • Assessment of Revenue Sources and Options • Implementation of Ballot Measure Stormwater Quality Funding Initiative Contra Costa County Clean Water Program, CA Faced with significant funding shortfalls to comply with NPDES permit requirements, the Contra Costa Clean Water Program ( CCCWP) embarked on California's largest and most comprehensive revenue effort for Stormwater management, beginning in 2010. The result is the 2012 Community Clean Water Initiative, a Proposition 218 - compliant property related fee, designed to generate over $8.5 million in annual dedicated funding for the County's member agencies. The CCCWP presented this county -wide fee initiative to property owners in the winter of 2012. Potential 'Task #1 Funding cost ��yy #G Analysts ,Task Contra Costa County is comprised of 19 cities` - and towns, and includes over 330,000 L developed parcels. The County is particularly diverse politically, economically, ethnically and geographically, and generally has a culture of skepticism towards new funding initiatives, all of which presented considerable challenges. In conjunction with SCI Consulting Group and Dan Cloak Environmental Consulting, Larry Walker Associates, Inc. (LWA) assisted the Contra Costa Clean Water Program with the technical support necessary to develop and impose a fee to provide a stable, long -term funding source to finance the municipal stormwater program. These efforts specifically included the following tasks: • Analysis of current Contra Costa Clean Water Program and other Stormwater and NPDES program annual expenditures and sources of funding; • Developing a multi -page survey to identify program needs and current funding sources; • Interviewing all 21 Co- Permittees and administering the survey; • Reviewing and analyzing the survey results as well as the projected stormwater program costs; • Developing final cost estimates for the needs of the stormwater program on a jurisdictional and /or regional basis; and • Developing information for inclusion in a final report. In addition to the above tasks, in which LWA had a lead role, LWA also provided technical review for the following tasks: • Identification of the potential funding sources with an analysis of: • Pros and cons of each source; • Political viability of each source; • Potential legal restrictions; • Future reliability of the source; • Estimated amount that each funding source may generate; and • Estimated implementation costs of the most viable funding options. • Development of draft and final Stormwater Funding Needs and Options document. Page 1 15 25M -73 Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER Stormwater Finance Strategy El Dorado County, CA ASSOCIATES CLIENT El Dorado County CLIENT CONTACT Brendan Ferry Department of Transportation El Dorado County 924 B Emerald Bay Road South Lake Tahoe, CA 96150 (530) 573 -7905 Brendan.ferry @edcgov.us PROJECT DATES 2009 -2010 LWA TEAM KEY STAFF Karen Ashby John Bliss KEY SERVICES • Permit Assessment and Cost Analysis • Assessment of Revenue Sources and Options Larry Walker Associates, Inc. (LWA) and SCI Consulting Group assisted El Dorado County and other stakeholders with cost of service and development of a Stormwater Financial Strategy to support the implementation of the County's east slope (Tahoe Basin) Stormwater Management Plan (SWMP). These efforts specifically included the following: FInclBbrnlwW,Flnu�ea94v1a8Y Papw< • Analysis of the current El Dorado County Tahoe Basin stormwater program annual expenditures and sources of funding; • Analysis of future stormwaterm�,,, _ program annual costs and sources of funding; I - -- • Estimate of the total costs required to implement the SWMP by program over the permit term; • Identification of the expected funding shortfalls by program element and year as well as a quantitative estimate of the existing and projected resources. The Team developed a comprehensive analysis of current and potential funding sources including property - related fees, assessments, regulatory fees, taxes, and charges. In addition, the Team evaluated non - traditional funding approaches such as user fees and the reorganization of government services to optimize funding for stormwater and pollution abatement services. This included an analysis and recommendations for potentially combining stormwater, wastewaster and refuse collection service fees to generate new revenues without the requirement for a Proposition 218 ballot proceeding. In addition to the above tasks, in which LWA had a lead role, LWA also provided technical review for the following tasks: • Identification of the potential funding sources with an analysis of: • Pros and cons of each source; • Political viability of each source; • Potential legal restrictions; • Future reliability of the source; • Sources that are readily available; and • Estimated amount that each funding source may generate. • Development of draft and final Stormwater Funding Needs and Options document; and • Development of a draft and final Financial Strategy Report. Page 1 76 L. » ".. 25M -74 Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER 4- ASSOCIATES CLIENT King County, Dept. Natural Resources and Parks CLIENT CONTACT Douglas Navetski Water & Land Resources Division, Stormwater Services Section King County, Dept. Natural Resources and Parks (206) 477 -4783 doug.navetski@kingcounty.gov PROJECTDATES 2012 -2012 LWA TEAM KEY STAFF Giles Pettifor KEY SERVICES • Permit Assessment and Cost Analysis • Assessment of Revenue Sources • TMDL Assessment and Cost Analysis Stormwater Permit Cost and Rate Fee Change Study King County, WA In early 2012 prior to joining Larry Walker Associates, Inc., while co- managing the NPDES Phase I municipal stormwater permit program for King County, Mr. Giles Pettifor and a colleague conducted a 10 -week analysis to assess the cost of compliance with the upcoming stormwater permit and its impact on the Stormwater Program budget. The County's stormwater program was overhauled in 2007 in response to the complexity of a new Phase I permit. Then, in late 2012, a new Phase I permit was promulgated which included new program requirements of such proportion as to required substantial increases in permit expenditures. As the stormwater program was funded by a parcel - assessed fee calculated in part by area of impervious cover, an increase in this fee would likely be needed to fund the new requirements. However, a significant increase was not preferred by Council or the public. Therefore, Mr. Pettifor determined, as accurately as possible, what the total of complying with every minute detail of the permit would cost for the County. The results would be compared to current funding levels by program to determine the deficits that would then be used to calculate the needed revenue to fund these new requirements and the corresponding fee increase required to cover the cost. The assessment included the following tasks: • Translate various attributes about each permit requirement into database; • The attributes for each permit requirement included: • Current requirement versus new requirement; • Timeline for implementation of each requirement; • Budget breakdown for current requirement down to task level accounting for staff and hours to track FTE need; and • Projected scope of effort to determine budget needed for each new requirement, translated into tasks and staff hours and additional costs, including determination of correct organizational location for each task. • Calculation of budget totals projected for each year of upcoming permit with details down to the individual staff hourly duties; • Forecast of estimated potential increases in program needs for associated water quality programs with permit nexus, including TMDLs, EPA actions including Superfund, responses to drainage emergencies or flooding, grant funding opportunities, or other regional efforts; • Calculation of projected revenue with current funding scheme and rates for stormwater management fee and comparison against forecast needs by year, showing deficit in funding needed, which would lead to non- compliance with permit; • Determination of annual revenue increase needed to fund Stormwater program's new requirements to ensure compliance with the permit, identifying the gap between current funding and amount needed to achieve baseline compliance, and translation of this gap into required fee increase on a per parcel basis; and • Compilation and distillation of this analysis into a concise internal memo and presentation that successfully garnered support from management and council staff for the pursuit of the stormwater management fee increase. Page 1 17 25M -75 Exhibit E - LAVA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER Nitrogen & Selenium Management Program Orange County, CA ASSOCIATES CLIENT From 2004 - 2009, Larry Walker Associates, Inc. (LWA) assisted the County of Orange County Orange and the Nitrogen and Selenium Management Program (NSMP) Working Group, a multiple stakeholder group consisting of 23 members representing state, county, city agencies, water districts, developers, and environmental nonprofits, with the implementation of the NSMP Work Plan CLIENT CONTACT within the Newport Bay Watershed. Chris Crompton Project Manager The NSMP Work Plan focused on developing watershed -wide management strategies for selenium and nitrogen where the primary source is rising OC Watersheds groundwater. The NSMP Work Plan included developing a BMP Strategic Glassell Field Office Plan, a trading /offset program, an evaluation of and recommendations for 2301 North Glassell Street the Nutrient TMDL, and the development of a site specific objective (SSO) for Orange, CA 92865 selenium. LWA's regulatory experience and support enabled the stakeholders to unanimously decide to pursue the development of the (714) 955 -0630 selenium SSO. chris.crompton @ocpw.ocgov.com In 2013, LWA worked with the staff of the Santa Ana Regional Water Quality Control Board (Regional Board), the County of Orange and watershed cities to create a strategy to develop the LWA -led third -party Selenium TMDL. The approach included developing a series of public workshops to identify and PROJ ECT DATES discuss key issues and final approaches for the TMDL. LWA developed 2013-ongoing numerous creative solutions for the complex bioaccumulative TMDL, including a Phased TMDL structure with a "hard" reopener prior to triggering final allocations, compliance approaches and compliance language for LWA TEAM KEY STAFF individial NPDES and MS4 permits, and conditional allocations that allow for Karen Ashby regional trading and offsets. Currently, LWA is working with State and Karen Cowan Regional Board staff to gain approval from US EPA on many of these key solutions. A final TMDL and Basin Plan Amendment will be developed and delivered to the Santa Ana Regional Board for approval in 2015. Once the TMDL is adopted, the stakeholders will re- initiate development of the selenium SSO. KEY SERVICES • Third Party TMDL Development • Treatment Control Best Management Practice (BMP) Evaluation • Watershed Compliance Strategy Development Page 1 18 �. 25M -76 Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER Cal leg uas Creek Watershed Implementation Planning t Ventura County, CA ASSOCIATES CLIENT Larry Walker Associates, Inc. (LWA) has provided technical water quality support Calleguas Creek Watershed to the Calleguas Creek Watershed (CCW) since 1998 and has assisted in Management Group watershed planning, monitoring, and management activities. The CCW water quality and water resource management group, comprised of municipal, agricultural, water supply, and wastewater treatment entities have contracted CLIENT CONTACT with LWA to manage the proactive development of a watershed implementation Joe Deakin plan to address pollutants of concern through an integrated framework in Assistant Director anticipation of a future MS4 permit. Department of Public Works The current Ventura County MS4 permit, issued in 2009, does not contain City of Simi Valley requirements to carry out quantitative assessments similar to the Reasonable 2929 Tapo Canyon Rd. Assurance Analysis (RAA) outlined in the 2012 Los Angeles MS4. The absence of Simi Valley, CA 93063 clearly defined watershed management planning requirements affords the co- permittees the opportunity to utilize novel and creative approaches to produce (805) 583 -6401 analyses that meet the intent of the RAA outside of the limits imposed by a JDeakin @simivalley.org Permit. On behalf of the CCW group, LWA has provided the following services: • Evaluated available peer- reviewed pollutant loading models and tools to PROJECT DATES establish a cost - effective, robust and defensible pollutant loading 2014 - Present technical approach, utilizing the body of work conducted within the watershed and extensive monitoring datasets; • Identified pollutants of concern based on receiving water and outfall LWA TEAM KEY STAFF monitoring datasets; and Will Lewis Established target load reductions expected to bring pollutants of concern Giles Pettifor into compliance with water quality based effluent limitations and Ashli Desai receiving water limitations. KEY SERVICES • Pollutant Load Quantification • Treatment Control Best Management Practice (BMP) Evaluation • Watershed Compliance Strategy Development Page 1 19 25M -77 Exhibit E - LWA PROPOSAL RFP NO. 14 -069 L A R R Y WALKER MS4 Permit Compliance Los Angeles County, CA ASSOCIATES CLIENT In December 2012, the LARWQCB issued an NPDES permit to Los Angeles City of Santa Clarita County and 86 cities within the County for MS4 discharges. Larry Walker Associates, Inc. (LWA) is the Prime Consultant leading the development of a CLIENT CONTACT Bacteria TMDL Implementation Plan, Enhanced Watershed Management Program (EWMP) and Coordinated Implemented Monitoring Program (CIMP) Heather Merenda for the Upper Santa Clara River. Environmental Services and Sustainability Planner LWA has provided the following services: City of Santa Clarita Coordination with City of Santa Clarita, Los Angeles County, and Los 23920 Valencia Blvd. Angeles County Flood Control District, as well as the LARWQCB; Santa Clarita, CA 91355 Development of CIMP and EWMP Work Plan; • Development of monitoring approach that takes into consideration existing monitoring and tries to streamline the monitoring program (661) 284 -1413 requirements in the MS4 permit; hmerenda @santa - clarita.com Identifying water quality priorities and assessing the potential for modifying the minimum control measures in the MS4 permit; • Development of the overall compliance structure and adaptive PROJECT DATES management process for the EWMP; and 2013 - Present Oversight of the development of the model and BMP identification. LWA is also a subconsultant in the development of the EWMPs and CIMPs for LWA KEY STAFF the Rio Hondo /San Gabriel River, East San Gabriel River, San Gabriel River, Ballona Creek, Upper Los Angeles River, and Dominguez Channel watershed Will Lewis management areas. Giles Pettifor Ashli Desai Relevant tasks have included: • Developing the monitoring approach; • Identifying water quality priorities; • Tracking effectiveness of new development and redevelopment program; and KEY SERVICES • Assessing the potential for modifying the minimum control measures. • Pollutant Load Quantification • Structural Best Management Practice (BMP) Evaluation • Watershed Compliance Strategy Development r Project Experience L HFF 1V O. 14 -11.1169 Proposal Provided to: City of Santa Ana, Public Works Agency 2.0 Scope of Services & Schedule The City of Santa Ana (City) seeks assistance with the development of a Fee Study to determine the cost impacts and revenue requirements of current and projected stormwater permit programs [including total maximum daily loads (TMDLs)], and identify and recommend various funding options. The general approach for the development of the Fee Study includes the following: 1. Assessment of current and projected stormwater program (including TMDLs) expenditures and revenue sources 2. Document the feasible funding sources and compare /contrast the inherent advantages, challenges, and /or legal restrictions 3. Develop a range of reasonable and feasible alternatives based on potential funding sources and identify a preferred alternative 4. Identify an implementation plan for the preferred alternative 5. Project management and coordination 2.1 Recommended Tasks for the Successful Completion of the Project The LWA Team has the expertise and a firm understanding of the challenges faced by the City in the implementation and funding of the stormwater program. The Team will perform the following tasks to evaluate and recommend viable funding options that will best meet the needs of the City, and ensure the development of a comprehensive and accurate Fee Study. The Team's recommended tasks to develop the Fee Study are based on the requested Scope of Work (Attachment 1 in the Appendix) in the Request for Proposals (RFP). 2.1.1 Task 1. Kickoff Meeting After award of the contract, key members of the LWA Team will meet with City staff to discuss the scope of services and implementation process. To prepare for the first few tasks, the LWA Team will provide an initial information request to the City during this meeting. This will provide City staff with the necessary time to obtain and transmit documents that support the subsequent work effort. The LWA Team will work closely with City staff to ensure that we are able to obtain timely and complete feedback. The types of materials that may be requested include: • Sources of funds; • Revenues and expenditures related to fees specifically for stormwater compliance requirements (e.g., development application review fees, fees for inspection of businesses or construction sites related to stormwater compliance); • Budget details from the past two (2) fiscal years (2013 -2014 and 2014 -2015) for the implementation of the stormwater program, TMDLs, and /or other related programs; • Budget for implementation of stormwater program, TMDLs, and /or other related programs for the upcoming fiscal year (2015- 2016); • Any future projected budgetary needs for the implementation of the stormwater program, TMDLs, and /or other related programs; • Current salaries and benefit multipliers for key stormwater staff; and /or • Previous funding studies /assessments and /or ancillary information developed in support of the funding studies /assessments (e.g., 2003 Stormwater Fee Study). Deliverables: Meeting agenda and materials Meeting summary NPDES & Environmental Programs Fee Study Pa e 1 21 RFP No. 14 -069 2 1► A —79 June 23, 2015 at 2:00 p.m. L R1+'Y loli). 14 -U69 ,� Proposal Provided to: xi City of Santa Ana, Public Works Agency �,,, 21.2 Task 2. Regulatory Assessment & Cost Analysis - Current and Projected Stormwater Program and TMDL Expenditures, and Revenue Sources Using the materials obtained after the kickoff meeting as well as the current stormwater permit, draft stormwater permit, and TMDL- related documents, the LWA Team will assess the current and projected stormwater program - related regulatory requirements and identify the current expenditures and revenue sources. The Team is interested in what the City believes it will take to fully implement the stormwater program within its jurisdiction so that it will comply with the MS4 Permit. The Team will work with the City to identify, to the extent feasible, the major capital and operation and maintenance costs for the program. While the Team will aim to consider the critical costs, it may be necessary to make estimates rather than conduct detailed accounting for smaller expenditures. The Team may use the Orange County Stormwater Program 2007 Fiscal Analysis Guidance Manual to guide the development of the cost assessment. As a part of this review, the Team will evaluate previous stormwater and TMDL - related reports and budgets to ensure the full cost of the program is taken into account. In addition, the Team can draw from previous experience and interviews to obtain the necessary data. The Team will develop a series of summary tables that will be incorporated into the Fee Study. The Team will identify projected financial resources gaps and annual funding needs for the long -term implementation of the stormwater program (through the next permit term). Deliverables: Summary of current expenditures Summary of projected expenditures Summary of revenue sources and potential funding gaps 2.1.3 Task 3. Funding Options & Recommendations The LWA Team will analyze and determine various cost allocations, potential revenue sources and implementation approaches including the associated community outreach. A variety of potential revenue sources will be evaluated including special taxes, user taxes, transient occupancy taxes, sales taxes, balloted property - related -fees, non - balloted property - related fees, benefit assessments, regulatory fees, new development fees, service fees and other non - balloted fees and revenues. Each potential source will be studied and evaluated along important attributes such as political viability, legal rigor, reliability, legislative factors, costs of implementation and maintenance, future reliability, timeline and compatibility with other funding mechanisms. The Team will compare /contrast the most common revenue mechanisms and recommend one or more for the City. The LWA Team will also estimate the revenue potential and the estimated implementation cost of the most viable options. At the conclusion of this task, the Team will prepare a Fee Study, as described in Task 4, below, on the funding sources and findings and will carefully review the findings with the City and /or stakeholders. The sub -tasks associated with the funding option evaluation include the following: A — Cost Allocation The Team will identify the costs attributed to the stormwater program and categorize the costs by function and allocated revenue requirements for each customer class within and doing business with the City. B — Assessment of Potential Revenue Sources The LWA Team will compare /contrast the most common revenue mechanisms and recommend one or more for the City. At a minimum, this will include: NPDES & Environmental Programs Fee Study Page 1 22Q RFP No. 14 -069 ° O June 23, 2015 at 2:00 p.m. 25M- L K F N U. 14 -069 Proposal Provided to: City of Santa Ana, Public Works Agency • Balloted Approaches • Property- related Fees (Property Owner —50 %threshold of returned ballots) • Special Tax (Registered Voter — 66.7 %threshold) • Non - Balloted Approaches • Regulatory Fees /Development Fees /Impact Fees • Re- Alignment of Stormwater Program Management Activities as Sewer, Water, and /or Refuse Collection • Other Innovative Fees /Assessments /Funding Approaches • Special Assessments The Team will develop a range of reasonable and feasible alternatives based on potential funding sources and identify a preferred approach, likely incorporating several mechanisms. The Team will develop a series of summary tables that will be incorporated into the Fee Study, along with next steps for implementation. Deliverables: Categorization of costs Summary of funding options 2.1.4 Task 4. Prepare Fee Study The Fee Study will be a comprehensive document that includes all of the information developed pursuant to Tasks 2 and 3. The Study will tabulate and present the City's revenue needs associated with specific permit requirements and other services. It will also summarize the current and projected expenditures, revenue sources, a range of funding options, and a recommended approach for the City along with a clear and justifiable nexus for the recommended funding mechanism(s) and a plan of implementation. The Study will assess and make recommendations regarding legal, political, administrative and revenue generation aspects of the various approaches and /or combination of approaches as well as discussions of any limitations for the use of the revenue. In particular, the Fee Study will update the 2003 evaluation of customer characteristics and include any additional attributes that support new approaches. These characteristics will be applied to both residential and non - residential properties, and a complete parcel tabulation and analysis, organized by class and sub- class will be included in the Study. Finally, impervious area /runoff coefficients and pollutant loading factors will be presented in order to support the likely development of a complete fee methodology to be used for a dedicated funding source. The purpose of the Fee Study is to • Identify the funds necessary to fully implement the City's stormwater program annually and over the next permit term; • Present the potential funding sources available to the City; • Determine, evaluate and analyze specific customer classifications and associated property classifications and attributes including impervious area, runoff, pollutant loading, etc., and develop framework for contemporary, defensible, equitable fee methodology; • Identify funding alternatives, evaluate the alternatives and select a preferred alternative or combination of alternatives; • Present an action plan to implement the preferred alternative. In addition, the Study will include all of the documentation, correspondence and information used to support the study. ?~e^ NPDES & Environmental Programs Fee Study %= Page 23 8 015 t2 0p.m. 2 M June 23, 2015 at 2:00 p.m. PROPOSAL RFP lel(). 14-069 Proposal Provided to: G City of Santa Ana, Public Works Agency Once the Draft Study is developed, the LWA Team will conduct an independent review in order to confirm the accuracy of the Study and the supporting documentation. As noted within the organizational chart (Figure 1. LWATeam Organization), the LWA Team will use Dan Cloak as an independent reviewer. Deliverables: Outline Draft Fee Study & Supporting Documentation Independent Review of Draft Fee Study Draft Final Fee Study & Supporting Documentation Final Fee Study & Supporting Documentation 2.1.5 Task 5. Revenue Source Implementation Support (As Needed & Directed by City Staf1) Although the actual revenue source implementation support will be dependent upon the conclusions of the Fee Study and further direction from the City, the LWA Team has included our initial thoughts as to what tasks may be requested and the range of associated costs. A— Implementation Management, including Balloting and Community Outreach The LWA Team will assist as needed with the implementation of the selected funding mechanism(s). The types of assistance that may be provided includes implementation planning and management; feasibility analysis including public opinion polling; development of supporting resolutions and Fee Report (see Task 513, below), design, printing, mailing of balloting documents, and planning and implementation of community outreach. Possible Deliverables: Survey Instrument and Report Community Outreach Plan Community Outreach Collateral Materials (e.g., Handouts, FAQs, etc.) Complete Proposition 218 compliant Fee Report/Tax Report B — Fee Report, including Detailed Runoff and Pollutant Loading Calculations The LWA Team could develop, and /or assist with the development of the required supporting document for a dedicated revenue source (If a property- related fee is selected, the Team can develop the supporting report that is often called a Fee Report, Nexus Study or Engineer's Report. If a special tax is selected, a Tax Report can be developed.). It is anticipated that a rate structure will be developed based upon a number of key property attributes, including property use, property size and location, runoff coefficient, and pollutant loading. In Task 3, above, the Team will develop the foundation for the runoff coefficient (impervious area) and pollutant loading factors. Of these, the determination of pollutant loading is the most complex and has the least established precedent, and accordingly, the Team's approach is discussed below. This approach would be used in Task 3, and further, as part of Fee Report. Evaluation of Methodologies - The LWA Team will identify available, peer reviewed pollutant loading quantification methodologies, tools, and models and evaluate their potential use in allocating costs. These tools range from spreadsheet -based approaches to complex and costly watershed models that have been used throughout Los Angeles and San Diego Counties under the Enhanced Watershed Management Program (Los Angeles) and Water Quality Improvement Plan (San Diego) frameworks. The evaluation of pollutant loading allocation methodologies will consider the availability of Santa Ana and /or Orange County- specific land use, outfall, and receiving water monitoring datasets that may enhance or limit the value of using various methods to allocate costs. The LWA team will recommend a pollutant loading and NPDES & Environmental Programs Fee Study Page 1 24O RFP No. 14 -069 25M- June ° 23, 2015 at 2:00 P.M. L Kr'Y 1N O. 14 —U69 Proposal Provided to: City of Santa Ana, Public Works Agency quantification methodology for use in subsequent analyses based on technical considerations and City staff feedback. • Pollutant Loading Analysis- The LWA team will carry out a pollutant loading analysis using the methodology identified in the previous task. The pollutant loading analysis is expected to establish a relationship between pollutant accumulation and subsequent loading from land uses within the City boundary and a comparison to observed outfall or receiving water monitoring data. If this or a similar task were completed, at the conclusion of the task the Team could provide a technical memorandum that identified the candidate methodologies, the justification for the methodology selected, and the results of the analysis. Possible Deliverables: Draft Technical Memorandum summarizing results Final Technical Memorandum 2.1.6 Task 6. Project Management & Coordination The LWA Team project management and coordination approach has been successfully used in other projects to ensure that the Team: (a) maintains clear lines of communication, (b) informs and receives input from the City and /or other stakeholders on an ongoing basis, (c) stays on schedule, and (d) stays within budget. Ms. Ashby will use the following project management approach as needed during the duration of the project. In general, this approach will be used whether managing /coordinating work that will be completed by the LWA Team members or others. • Project Oversight: Ms. Ashby will provide overall project management and oversight for all task assignments and will be the day -to -day contact for the project. She will oversee tasks in progress and work closely with the Task Leads to ensure that the work meets the overall project objectives, and is completed on schedule and within budget. • Administrative: Ms. Ashby will be responsible for administrative tasks associated with this project, including the development and execution of sub - agreements with Team members. Sub - agreements will clearly identify the subcontractor roles and responsibilities, as well as scopes, budgets, and schedules, described in this proposal, and as potentially modified during subsequent negotiation. • Task Management: Ms. Ashby will manage tasks and identify a Task Lead for each major Task, consistent with the organizational chart. The Task Lead is assigned based on technical expertise and availability to respond to the task within the timeframe required. The Team will also manage the project files for each of the tasks. • Schedule & Budget: Ms. Ashby will maintain a master schedule with the due dates and budget for each task. The schedule will be developed and shared using Microsoft Project, and the budget will be tracked using spreadsheets. • Status Updates: Every month, Ms. Ashby will provide the City's Project Manager with a tasl<- level status update. The update will show spending and progress (relative to budget and schedule) at the end of the previous month. The update will identify any potential challenges relative to budget and schedule. She will notify the City's Project Manager regarding these issues as soon as they are identified. • Communication: Ms. Ashby will serve as the primary point of contact for the Team, providing clear, consistent, frequent, and honest communication with the City's Project Manager. She will respond to all requests in a concise and timely manner. NPDES & Environmental Programs Fee Study RFP No. 14-0 Page_I 25 June 23, 2015 at 2:00 p.m. L RFP N®. 14 -069 Proposal Provided to: - ?;11 City of Santa Ana, Public Works Agency • Email: All email communication from Team members to the City's Project Manager will be copied to Ms. Ashby. Any questions on the work (scope, schedule and budget) will be communicated to Ms. Ashby. • Conference Calls /Meetings: The LWA Team will participate in conference calls' and other meetings as needed to monitor the progress of the project. Regular conference calls /meetings are recommended to keep the project on schedule and to avoid inefficiencies that can otherwise arise. • Subcontractor Coordination: Ms. Ashby will be responsible for notifying subcontractors about task schedules and budgets and communicating with subcontractors to identify challenges that arise during the course of the work. However, to facilitate communication, subcontractors may communicate with key individuals directly to promote their understanding of the project requirements. Ms. Ashby will be copied on all email correspondence for each task. Quality Control & Consistency: As Project Manager, Ms. Ashby will ensure that the project deliverables are technically accurate, neat in appearance, user friendly, organized, and grammatically correct. During the transmittal of the documents, the authors and reviewers of the documents will be identified. Task Leads will review work products before submittal to Ms. Ashby. For work products of high importance, with specialized or novel technical information, and for high - profile tasks, suitable experts from the Team may also be designated by Ms. Ashby as reviewers. The Team will also utilize quality control procedures during the development of the Fee Study. This will help to ensure that the Study is accurate and that the accompanying documentation is adequate to support the implementation of the selected funding mechanism. As the Prime Consultant, LWA will coordinate the efforts of the team and have full responsibility for the accuracy and completeness of the Fee study. Deliverables: Meeting agendas and materials Meeting summaries Monthly summaries of work completed 2.2 Project Schedule The LWA Team developed the project schedule based on the Scope of Work and tasks required in the RFP. Leveraging the Team's extensive experience in completing fee studies for multiple stormwater NPDES and MS4 programs, we have developed a realistic and achievable schedule that considers the efforts for each task, task interdependencies, regulatory coordination and other potential impacts. Our proposed schedule is provided below as Figure 2. 2.3 Assumptions The assumptions for the completion of this project include the following. The LWA Team can obtain: • Budget /expenditure information for the past five (5) years for the implementation of the stormwater program and development /implementation of TMDLs. • Any relevant budget projections for the stormwater program and /orTMDLs • City's 2003 Fee Study • The Orange County Parcel Assessor's dataset • Most recent Orange County land use dataset ' At a minimum bi- weekly r, ! NPDES & Environmental Programs Fee Study Page 1 26Q w RFP No. 14 -069 25M- June ° w 23, 2015 at 2:00 p.m. Proposal Provided to: City of Santa Ana, Public Works Agency Task iov o< 0� m'0�' -moo oo Project Deliverables 1 Mckoff Meeting ♦ ■ Meeting Agenda & Materials Revenue Source ■ Meeting Summary Regulatory ■ Summary of Current Expenditures 2 Assessment &Cost ■ Summary of Projected Expenditures Analysis ■ Summary of Revenue Sources & by Staff) Potential Funding Gaps 3 Funding Options & ■ Categorization of Costs Recommendations ■ Summary of Funding Options • Outline • Draft Fee Study & Supporting Documentation ■ Independent Review of Draft Fee Study 4 prepare Fee Study • Draft Final Fee Study & Supporting Documentation ■ Final Fee Study & Supporting Documentation 2.4 Hours & Staffing Position Levels The LWA Team has available and qualified staff as well as the management efficiency and flexibility to meet the needs of the City on this project. The anticipated staffing and hours to complete the scope of work are provided in Table 4. i Karen Ashby - Project Manages ■ Implementation Plan Revenue Source ■ Survey Instrument and Report Implementation ..,...y ■ Community Outreach Plan 5 Support ■ Community Outreach Collateral Materials (As Directed ■ Complete Proposition 218 - compliant Fee by Staff) Report/Tax Report Dan Cloak (DCEC) — Independent Reviewer ■ Draft/Final Tech Memo (Possible deliverables as directed by City Stair) ■ Meeting Agendas and Materials 5 Project Management ■ Attendance at Meetings & Coordination ■ Meeting Summaries ■ Monthly Summaries of Work Completed Figure 2. Timeline to Complete Fee Study (based on anticipated one -year term) 2.4 Hours & Staffing Position Levels The LWA Team has available and qualified staff as well as the management efficiency and flexibility to meet the needs of the City on this project. The anticipated staffing and hours to complete the scope of work are provided in Table 4. i Karen Ashby - Project Manages 76 Giles Pettifor -Task Support 62 Will Lewis —Task Lead 58 Karen Cowan —Task Support 8 Michelle Benson- Administrative Support 12 John Bliss (SCI) —Task Lead 126 Dan Cloak (DCEC) — Independent Reviewer 30 Table 4. Staffing Plan to Complete Fee Study NPDES & Environmental Programs Fee Study 2age_I 2 =8 015 t2 0p. m. 5 M June 23, 2015 at o. 14 p. m. Exhibit E - LWA PROPOSAL REP NO. 14 -069 This page intentionally left blank 25M -86 REQUEST FOR COUNCIL ACTION NM CiTY COUNCIL MEETING DATE: SEPTEMBER 1, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2013-27 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE TACOS Y MARISCOS EL PiCANTE RESTAURANT LOCATED AT 2223 WEST FIFTH STREET, UNITS F,G NCH - CARLOS GUAMAN, APPLICANT (STRATEGIC Pj.AN NO. 3, 2) J RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: . Vii• El As Recommended 0 As Amended Cl Ordinance on 1tl1Reading 0 Ordinance on 2n® Reading Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No, 2013 -27. PLANNING COMMISSION ACTION At its regular meeting on August 10, 2015 by-a -vote of 7.0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013 -27 which approved a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption at Tacos Y' Mariscos El Picante Restaurant located at 2223 West Fifth Street, Units F, G & H in the Single Family Residential (R1) and the Two Family residential (112) zoning districts. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). Tacos Y Mariscos El Picante Restaurant Is a full service, sit -down establishment that is 1,350 square feet in size and holds approximately 48 seats. The. project location Is within a multi - tenant shopping center that is known as the Tiny Tim Plaza located at the northeast corner of Fifth and Sydney Streets, The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The approval of the CUP would allow a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at Tacos Y Mariscos El Picante Restaurant. Full sized site plans are available for public viewing in the Clerk of the Council Office, 31A-1 Conditional Use Permit No. 2013 -27 September 1, 2015 Page 2 Approval of this Item supports the City's efforts to meet Goal No. 3 Objective No, 2 (create new opportunities for business /job growth development through new General Plan and Zoning Ordinance policies), FISCAL IME69I There is no fiscal impact associated with this action, Hassan Hagha i, AICP Executive Director Planning & Building Agency AN:rb Anup5l Vlancwmm \GUPt2•'3T.TacosElPloantme Exhibit: A. Planning Commission Staff Report 31A-2 Economic Development, and encourage private REQUEST FOR Planning Commission Action AUGUST 10, 2015 TITLE: PUBLIC HEARING — FILED BY CARLOS GUAMAN FOR CONDITIONAL USE PERMIT NO. 2013-27 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE TACOS Y MARISCOS EL PICANTE RESTAURANT LOCATED AT 2223 WEST FIFTH STREET, UNITS F,G &H (STRATEGIC PLAN NO. 3,2) Prepared by Ann Hsin -An Ni -- F_�ecut6WDirector PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO 4 Acting P11 ning onager -- —� RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2013 -27. Request of Applicant Carlos Guaman is requesting approval of a conditional use permit to allow a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at Tacos Y Mariscos El Picante Restaurant at 2223 West Fifth Street, Units F, G and H. Pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC), establishments that sell alcoholic beverages require a conditional use permit. Project Location and Site Description Tacos Y Mariscos El Picante Restaurant currently operates within a multi- tenant shopping center that is known as the Tiny Tim Plaza located at the northeast corner of Fifth and Sydney Streets. The site is 1.83 acres in size, L shaped and contains two buildings: An 11,730 square foot structure and a 7,575 square foot structure that were both constructed in 1962. The front portion of the project site has a Single - Family Residence (R1) zoning designation and the rear portion has a Two - Family Residence (R2) zoning designation. In 1961, a variance was approved (VA No. 1441) to allow a commercial retail center including a grocery store, retail, medical office and a gas station on the Two - Family Residence (R2) section of the site. A total of 78 parking spaces are provided in a surface parking lot. The site is surrounded by commercial and industrial uses to the west and south, and residential uses to the north and east (Exhibits 1, 2 and 3). Project Description Tacos Y Mariscos El Picante Restaurant is requesting Control (ABC) license to allow the on- premise sale establishment. The restaurant is a full service, sit -down EXHIBIT A 31A-3 approval of a Type of beer and wine establishment that 41 Alcoholic Beverage as part of the eating is 1,350 square feet in Conditional Use August 10, 2015 Page 2 Permit No.2013 -27 size and holds approximately 48 seats. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant are from 9:00 a.m. to 12:00 a.m., seven days per week. The storage for alcoholic beverages will be inside of an existing refrigerator that is located in the kitchen and a dry storage area. The overall storage of alcohol consists of approximately 49 square feet, which is four percent of the floor area and is less than five percent of the gross floor area of the restaurant. This falls below the Planning Division Standards for establishments serving alcoholic beverages (Exhibits 4 and 5). Project Background Tacos Y Mariscos El Picante restaurant is a locally -owned and operated restaurant that specializes in Mexican seafood cuisine. The restaurant occupies an existing space within Tiny Tim Plaza that has been used by various eating establishments since 1966. This business has been operating at the present location since July 2012. There was no previous conditional use permit issued for this location to allow the on -site sale of alcoholic beverages. The General Plan land use designation for the site is General Commercial (GC) and Low Density Residential at seven dwelling units per acre (LR7). General Commercial land -use districts are key components in the economic development of the City as they 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 parcel is located within the Single- Family Residence (R -1) and Two - Family Residence (R -2) zoning districts with a use variance approved in 1961 (VA No. 1441). The variance allows for retail and service uses such as restaurants, making the proposed use a legal non - conforming use with the R -1 and R -2 zoning designations. Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests 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. 31A-4 Conditional Use Permit No. 2013 -27 August 10, 2015 Page 3 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. The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine with their food throughout the establishment. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because standards are applicable to the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to the restaurant use. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to economically compete with other restaurants in the area that also offer beer and wine for sale to their guests. The proposed project will be in compliance with all applicable regulations and standards imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility has the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Municipal Code. 31A-5 Conditional Use Permit No. 2013 -27 August 10, 2015 Page 4 • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana and strengthens the economic vitality of the non - conforming commercial uses along Fifth Street. Moreover, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed alcoholic beverage service will be located entirely within an enclosed building and its operations will be compatible with the surrounding mix of uses. Tacos Y Mariscos El Picante has been in operation at the subject location since July 2012, with the commercial building on the project site occupied by retail and restaurants since the 1960s. The site is in compliance with all standards of SAMC Section 41- 196(g) for the on -site sale and consumption of alcoholic beverages (Exhibit 6). In addition to these 25 operational standards, an additional condition of approval is proposed to mitigate potential impacts on the adjacent uses and ensure the site does not become an attractive nuisance to the community. Police DeEartment Anatysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 2223 West Fifth Street is located in reporting District No. 105, an area that is 32 percent below the number of reported crimes than the average number reported for all crime reporting districts and is considered average in police - related incidents based on standards established under the Business and Professions Code Section 23958.4. There are single family residential units immediately adjacent to the proposed use, which may be impacted by noise and /or late night activity. 31A-6 Conditional Use Permit No. 2013 -27 August 10, 2015 Page 5 Based on the average crime rate and adjacent residences, the Police Department recommends approval of the CUP, provided that the proposed standards are complied with to ensure that this location operates as a bona fide eating establishment and does not aggravate existing conditions or negatively impact adjacent residents. Public Notification The project site is located within the Artesia Pillar Neighborhood Association. Staff contacted the president of the association, who identified no concerns with the project. Additionally, the project site 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 and tenants 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 for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of beer and wine within an existing commercial building. Categorical Exemption Environmental Review No. 2013 -61 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for businessfjob growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2013 -27, Ann Ni Associate Planner AN:jm Anl \wp51 \plancomnOCUPi 3- 27.TacosElftante.pc 31A-7 Conditional Use Permit No. 2013 -27 August 10, 2015 Page 6 Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31A-8 C2 / R2 y. PAP/ T Vj Q�� q ni qt Rl RI / R2 M, EZ R2 7 7 J Rt vlamr —m RI M1 1117TH 5TI 1 , .i c, N1 IR W ? 173 RI RI 's n, R7 RI n � R3 R1 IR1... sn NI Rill li x, R) nn p1 -- C R1 NI RI ' RI fti c� R1 �ry— Rl ,. 1 Rl ni v m N. 11 c-7--i n n m R1 AVE. Ri ` mi m n� RRl 1 A4I�errv���J 1 F I�IG o' m ` G _ OIL.�, C, N�3 91 nZ R� M� R2 RZ � R] rani i[m I ,o ST I RI Al GENFALAGNCULR➢?ALp CR IXTYMBUALHf90EMIAL R, SNGLEFAMILYF6q R1AL -6 FAMNOMODIHCAIICN CG GDVff3WFNTCff6i 1.7 MOFM1ILyraDENCE GN COMMEAMALMUIHMAIN MI UC TINDUGR3AL W MULTIftEDBd91YMUL:RRI C7 COMMUNRYCCMMWAL M2 HFAVYINDUSTRAL FAMILYFEIDPICE C14D G'hMM. O]MMYOAUMUS M rl` MO MILAAMOPEWRONS PA SW& NAMF7M PIS C2 GMEPALOCMMWAL 0 OfENSMCE fE 1 NNRAL STATE C3 CDRFALRUSNESS P FMFL'SONAL RP Y- MRC05VEWMMT CIA CIId LBUSWISARRSTMUAGE Fib F( ANNWWAMUNIWDE JDWM S' 3ECIRCPIAN 01 F NNED9 MNGMIM FVD BANNED Ia6DECIALD&B.0FTMIENT C6 ARMALGCMMWAL CUP 2013 -27 TACOS Y MARISCOS EL PICANTE W 2223 WEST 5TH STREET, SUITES F, G & H -. =500 FEET V- IOODFFET P L A N A I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VIAIA M0P SI GL-FAMII �ESI�D ENICE 7TH STREET E S I D E N C E F- w 7TH STREET w ~ ING E - FAMILY RESIDENCE 6TH STREET IN DLISTRI L 7- z w J d C jm M R C I A L 2 s �w �w JN �w z c Comm, w w CC H Ln i- w yr — Z i.n z m 0 5TH STREET P� C� F� C FLFC rR/C R I G H T O F W A Y y CUP 2013 -27 I TACOS Y MARISCOS EL PICANTE 2223 WEST 5TH STREET, SUITES F, G & H cn 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 LAND USE MAP EXHIBIT 2 31A -10 CUP2013 -27 Exhibit 3 Site Photo 31A-1 1 C $ m ODs ,A #a$ w m� ®faQ��tj3j� q eiW� � g � ��� �C €��i��l &� €;, °cam& r R0 LLD 0 c R JIN 119 3)5.19' ±gs e a ys ee^ q 9 �'9 HIE) R! u q 61A 21 I i i � I I I ac 8 i�4 7 � 8 P ��� 1"f"'I'TTTb�-0 —1 •`'�.. \m �T- �h;rta^' � R e e ee Taid q eya , ��x I :- dpp�� i I i i � I I I ac 8 i�4 7 � 8 P ��� 1"f"'I'TTTb�-0 —1 •`'�.. \m �T- �h;rta^' � R e e ee L k A Fl O MIT xpypyxx }{Y511 � ,A i V V 'rty(5 h 3 69 ,� M1¢ .L Qryy dydy�Jq C 6 y etlY t R� Umi a X� 66 dog 4100 110117".06 i Taid L k A Fl O MIT xpypyxx }{Y511 � ,A i V V 'rty(5 h 3 69 ,� M1¢ .L Qryy dydy�Jq C 6 y etlY t R� Umi a X� 66 dog 4100 110117".06 i z6 ,FI €I o ItiE E! $Wf1A flf #FIF {;a $,"yG IWWW !1 �33 gag �pgt3�3g�g� �� yd� � U M1y 2 N g m plamy WWp0Q tl dG fa W8 dC°1F �yF4$ 182 FU I d�E��IFf I I q I �fl6ae$.ia¢� a I w L �i�2'�6�y�! II�ggqg{Q�{Q�yKy�S5��CC''11!!S�5Y yFy�5 jQ�jQ44' 3tlCtlC "�C�.�a�11�Atl�925P9 @Xi�i Gp Y� �6�� -IF d7A.t'1 It'1.Cf7I7L11 nn — — � 4'J .. 40 l� OED - t Don �N� a EXHIBIT 5 31A -13 m G � kiQ �li� i C a° e e w w z !1 �33 gag �pgt3�3g�g� �� yd� � U M1y 2 N g m plamy WWp0Q tl dG fa W8 dC°1F �yF4$ 182 FU I d�E��IFf I I q I �fl6ae$.ia¢� a I w L �i�2'�6�y�! II�ggqg{Q�{Q�yKy�S5��CC''11!!S�5Y yFy�5 jQ�jQ44' 3tlCtlC "�C�.�a�11�Atl�925P9 @Xi�i Gp Y� �6�� -IF d7A.t'1 It'1.Cf7I7L11 nn — — � 4'J .. 40 l� OED - t Don �N� a EXHIBIT 5 31A -13 m G � kiQ �li� i w L �i�2'�6�y�! II�ggqg{Q�{Q�yKy�S5��CC''11!!S�5Y yFy�5 jQ�jQ44' 3tlCtlC "�C�.�a�11�Atl�925P9 @Xi�i Gp Y� �6�� -IF d7A.t'1 It'1.Cf7I7L11 nn — — � 4'J .. 40 l� OED - t Don �N� a EXHIBIT 5 31A -13 m G � kiQ �li� i -IF d7A.t'1 It'1.Cf7I7L11 nn — — � 4'J .. 40 l� OED - t Don �N� a EXHIBIT 5 31A -13 m G � kiQ �li� i �N� a EXHIBIT 5 31A -13 m G � kiQ �li� i Sec. 41 -186. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 7. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 6 1 of 4 31A -14 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free', "two for the price of one ", or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ("SAMC") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2of4 31A-15 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 6, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21, A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. G. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. f. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 3of4 31A -16 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. 4of4 31A -17 LS 8.5.15 RESOLUTION NO. 2015 -26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2013 -27 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT TACOS Y MARISCOS EL PICANTE RESTAURANT LOCATED AT 2223 WEST FIFTH STREET, UNITS F, G AND H BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2013 -27 to allow a Type 41 Alcoholic Beverage Control (ABC) license for the property located at 2223 West Fifth Street, Units F, G and H. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption of beer and wine service that is ancillary to the primary restaurant use. C. On August 10, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013 -27. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2013 -27 to allow for a Type 41 ABC license: 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 Type 41 ABC license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine with their food throughout the establishment. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and Resolution No. 2015 -26 Page 1 of 4 31A -18 ensure that the use will not negatively affect the surrounding 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 Type 41 ABC license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the interior of the commercial tenant space, mitigating any potential impacts to the surrounding neighborhood. In addition, the sale of beer and wine in the restaurant is intended to be incidental to the primary use as an eating establishment. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to economically compete with other nearby restaurants that also offer alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows Tacos Y Mariscos El Picante Restaurant to remain economically viable and contributes to the overall success and economic stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations and standards imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the SAMC. The facility will be maintained as a bona -fide eating establishment, having the suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five (5 %) percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. 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 City's General Plan. The granting of this conditional use permit supports Resolution No. 2015 -26 Page 2 of 4 31A -19 policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant that feature alcoholic beverages on its menu offers additional dining options for Santa Ana residents and visitors and strengthens the economic vitality of the non - conforming commercial uses along Fifth Street. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 41 ABC license will maintain a safe and attractive environment. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operation, repair, maintenance, permitting, or leasing of existing structures involving negligible or no expansion of the existing use. The proposed application is to approve a conditional use permit to allow the sale of beer and wine within an existing commercial building that is already served by municipal services, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2013 -61 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2013 -27. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 10, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No, 2015 -26 Page 3 of 4 31A-20 ADOPTED this 10'" day of August 2015 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney James Gartner Chairman •IZ.»rejm_IrI i -i I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -26 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 10, 2015. Date: Planning Commission Secretary City of Santa Ana 31A-21 Resolution No. 2015 -26 Page 4 of 4 31A-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE, CONDITIONAL USE PERMIT NO. 2016-13 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LiCENSE FOR EL NUEVO ENSENADA RESTAURANT LOCATED AT 3622 WEST FIFTH STREET VICTOR BURROLA, APPLICANT (STRATEGIC PLAN NO, 3, 2) CITY MANAGER � ^lii� 'Y911iG�i Ilo WB MZ*Tel i r • CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1`t Reading ❑ Ordinance on 2otl Reading ❑ Implemsnting Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2015 -13. PLANNING COMMISSIQN ACTION At its regular meeting on August 10, 2015; by a vote of 7:0, the Planning Commission adopted a resolution approving Conditional Use Permit No, 2015 -13 which approved a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption at El Nuevo Ensenada restaurant located at 3622 West Fifth Street in the Harbor Mixed Use Transit Corridor Specific Plan (5P2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A); however, they requested additional information related to site specific crime data and history. DISCUSSION El Nuevo Ensenada restaurant is requesting approval of a Type 41 ABC license to allow the on- premise sale and consumption of beer and wine as part of the eating establishment's operations, The restaurant is maintained as a full- service, sit -down eating establishment with seating for 60 patrons. The eating establishment has all necessary kitchen equipment to be considered for a Type 41 ABC license, The on- premise sale of alcoholic beverages to customers Is intended to provide a service that Is ancillary to the primary restaurant use, The hours of operation for the restaurant are from 10 :00 a.m, to 10,00 p.m, Monday through Friday and from 5:00 a.m, to 10:00 p.m. Saturday and Sunday. The storage area for alcoholic beverages will be located in the administrative office space of the restaurant and will be displayed in a refrigerator located in the dining area. The alcohol storage area will total 39 square feet in size, which Is below the Santa Ana Municipal Code's maximum for eating establishments serving alcoholic beverages of five percent of the gross floor area. Full sized site plans are available for public viewing 1n the Clerk of this Council Office. 31 B -1 Conditional Use Permit No. 2015.13 September 1, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet (coal No, 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and ,Zoning Ordinance policies). FISCAL IMPACT There Is no fiscal impact associated with this action. Hassan Hagh , AICP Executive Director Planning & Building Agency RS:rb raaeporWOUP 2016.1 $ \Cup, 2015.15 El Nuevo Ensenada Type 41 ABC= Exhibit: A. Planning Commission Staff Report 31 B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 10, 2015 TITLE: PUBLIC HEARING — FILED BY VICTOR BURROLA FOR CONDITIONAL USE PERMIT NO. 2015-13 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR EL NUEVO ENSENADA RESTAURANT LOCATED AT 3622 WEST FIFTH STREET (STRATEGIC PLAN NO. 3,2) Prepared by Ricardo Soto _fW -� Ex utive,�Ilt`ector ■7gaaktt.9X9191Jiii'!t� • APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting nni Manager - -- RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No, 2015 -13. Request of Applicant Victor Burrola, representing El Nuevo Ensenada restaurant, is requesting approval of a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at an existing eating establishment located at 3622 West Fifth Street. Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description El Nuevo Ensenada restaurant is currently occupying an existing free standing commercial building located on the southwest corner of Fifth and Bewley Streets. A total of 18 on -site parking spaces are provided for the eating establishment. The site is surrounded by residential uses to the south and west, commercial uses to the north, and a religious institution use to the east (Exhibits 1, 2 and 3). Proiect Description El Nuevo Ensenada restaurant is requesting approval of a Type 41 ABC license to allow the on- premise sale and consumption of beer and wine as part of the eating establishment's operations. The restaurant is maintained as a full- service, sit -down eating establishment with seating for 80 patrons. The eating establishment has all necessary kitchen equipment to be considered for a Type 41 ABC license. The on- premise sale of alcoholic beverages to customers is intended to provide a service that is ancillary to the primary restaurant use. The hours of operation for the restaurant are from 10:00 a.m. to 10:00 p.m. Monday through Friday and from 8:00 a.m. to 10:00 p.m. Saturday and Sunday. EXHIBIT A 31 B -3 Conditional Use Permit No. 2015 -13 August 10, 2015 Page 2 The storage area for alcoholic beverages will be located in the administrative office space of the restaurant and will be displayed in a refrigerator located in the dining area. The alcohol storage area will total 39 square feet in size, which is less than two percent of the gross floor area of the restaurant. This percentage of alcohol storage is below the Santa Ana Municipal Code's maximum for eating establishments serving alcoholic beverages of five percent of the gross floor area (Exhibits 4 and 5). Proiect Background El Nuevo Ensenada restaurant is a full - service, family oriented restaurant that offers traditional Mexican and specialty seafood dishes. El Nuevo Ensenada restaurant is occupying an existing 2,260 square foot commercial building that was previously occupied by Mariscos Ensenada. A conditional use permit was previously approved for a prior tenant of the commercial tenant space which allowed for the on -site sale and consumption of beer and wine at the site. However, the conditional use permit was declared void after the use ceased to exist on the site for a period of one year or more. Approval of a new conditional use permit for a Type 41 ABC license is required. General Plan and Zoning Consistency The General Plan land use designation for the site is Urban Neighborhood (UN). Urban Neighborhood land -use districts allow for a mix of residential uses and the opportunity for important neighborhood serving retail and service uses, such as this restaurant. The project site is consistent with the Urban Neighborhood land use designation. The site is located within the Harbor Mixed Use Transit Corridor Specific Plan (SP -2) zoning district and is in the Neighborhood Transitional (NT) district of the plan. The NT district of the SP -2 allows for eating establishments, making the proposed use consistent with the zoning designation. Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC and 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. 31 B -4 Conditional Use Permit No. 2015 -13 August 10, 2015 Page 3 • 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. The proposed Type 41 ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and wine with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity, Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community, The proposed Type 41 ABC license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the interior of the commercial tenant space, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of beer and wine in the restaurant is intended to be incidental to the primary use as an eating establishment. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows El Nuevo Ensenada restaurant to remain economically viable and contributes to the overall success and economic stability of the area. The proposed project will be in compliance with all applicable regulations and standards imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the SAMC. The facility will be maintained as a bona -fide eating establishment, having the suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than two percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. 31 B -5 Conditional Use Permit No. 2015 -13 August 10, 2015 Page 4 The proposed use will not adversely affect the City's General Plan. The granting of this conditional use permit supports policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 41 ABC license will maintain a safe and attractive environment. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. El Nuevo Ensenada restaurant is occupying an existing commercial building and is compatible with and supporting of surrounding commercial and residential uses. El Nuevo Ensenada restaurant is requesting a conditional use permit for a Type 41 ABC license. The site will be in compliance with all standards of SAMC Section 41- 196(g) for the on- premise sale of alcoholic beverages (Exhibit 6). These 25 operational standards will mitigate potential impacts on the adjacent uses and ensure the use does not become an attractive nuisance to the community. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 3622 West Fifth Street is located in Reporting District No. 65. Reporting District No. 65 ranks 27th out of 102 reporting districts in the number of police related tails for service. This reporting district is below the 20 percent threshold established by the State for high crime. The Police Department contends that the operational standards applicable to an on -sale ABC license will mitigate any potential negative impacts to the surrounding community. MEW Conditional Use Permit No. 2015 -13 August 10, 2015 Page 5 Public Notification The project site is located within the boundaries of the Santa Anita Neighborhood Association and is near the Riverview West Neighborhood Association. Staff contacted the presidents of both associations, who identified no concerns with the project. The project site was also 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 and tenants within 500 feet of the project site. At the time of printing of this report, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve a conditional use permit to allow the sale of beer and wine within an existing structure that is already served by municipal services, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2015 -59 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No, 2015 -13. Ricardo Soto Assistant Planner I RS:jm rs:reports=P 2015- 131Cup 2015 -13 El Nuevo Ensenada Type 41 A90,pc Attachments: Exhibit 1 - Vicinity Map Exhibit 2 -Location Map Exhibit 3 - Existing Conditions Photo Exhibit 4 - Site Plan Exhibit 5 - Floor Plan Exhibit 6 - Operational Standards for On -Sale Establishments 31 B -7 WESTMINSTER VSLVENTEENTVI ST I AVE, N sp-2 Sp 2 41' Ri RI — RI first RI ml R2 P2 F III RI 2 14 11 , T SP 2- [12 0 R2 Sp- R2 RZ Al .1 v 0 s p p p-Z l—T f rva R2 a MI SD-70 0 R2 2`R7 ­RR2 z ax R2 1 112 A) R2 nl -PPD // +�I i' II I' T Gi Ml - L 4 r,= FIRST ST. Al GEN9iALAGRWCflJRAQ CR COMMEFOALFEROWAL RI ONGLERAMILYROODITtAL .0 FARQNrMDQ19CAfloN m GOVIEVNIENTC21,7ER R2 M FAMILY Fa4DENCE GSM COMMEFEALSWTH MAIN MI LIU ITINDUSMAL % MLX7IKqUFNS1YM(JLnIlE cl OOMMUNIWMMMERCIAL M2 HEWNOUSMAL FAMILY9�1)ENCF Cl-MD CaMM ' WMMEFUAUMU%UMUMQl MD MUTAR(OKFAWNS R4 ajUJRBANAPAMMENTS C2 GENERALCOMMEROAL 0 OR5,181ACE FIE REEIDENTALESTATE 0 CD1717ALBUSNES p PRDFEMONAL so spms=scpMDIT C3 A CSO LMJSNEAARIISTIALLAGE RANNED CCMMUN W DEVRONFINT SP � FIGRAN CA FI-ANNO FFINGCENTRR frfE RANNE)FfflQWflALUE OFMENT C5 ARfERALOOMMEFOAL CUP 2015-13 k EL NLJEVO ENSENADA TYPE 41 ABC Slil 3622 WEST FIFTH STREET -=500 FEEr i000 FEET L A N N I N G A--R Q B U I L D I N G A. G E N 0 Y VICINITY MAP EXHIBIT 1 31 B-8 } W Y } w J w W S Z �• W u l7 W ui � 6Z z'x M.F.R. M.F.R. wp J M.P.R. s.F.R. �. O S.F.R. Q COMMERCIAL O S.F.R. M.F.R. } J W W � D J m � W CO 1MERCIAI. m CO MER [IAL CO IM ER 'IAL 5TH STREET RELIGIOUS INSTITUTION CO MERCIAL F— W W N N S.F.R. p O COMMERCIAL Q m K COMMERCIAL 2 } Q u o y wo S.F.R, 2 G C G M.F.R. - a It m `G O u ' M.F.R. 5, F, R. CUP 2015 -13 v ` EL NUEVO ENSENADA TYPE 41 ABC r 3622 WEST FIFTH STREET `� P L A N N I N G A N D B U I L 0 1 N G A G E Al C Y LAND USE MAP EXHIBIT 2 31 B -9 1 COMA CRC AI W �2 xIiE. S.f. R. S.F.R. M, F, R. �u a z w q �v z cc V w Z K CUP 2015 -13 v ` EL NUEVO ENSENADA TYPE 41 ABC r 3622 WEST FIFTH STREET `� P L A N N I N G A N D B U I L 0 1 N G A G E Al C Y LAND USE MAP EXHIBIT 2 31 B -9 .\ : - .3: - _ » v gz,z... .. . > � - -�- </ .w . .. .\ : - .3: - _ » v iA tJ r� AY1 .oc • i I p.� I I i I i -Re— F111 I: . . s rti e .' 1M'VNnVM8 JMISix1 —F•` jj F + • jI . . _ A . a ,���' :xinoristw:r73£• :��• �ri.reasiaivi {iy: rI 1 IINIS Hilli EXHIBIT 4 31 B -11 Ka EXHIBIT 6 31 B -12 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12;00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 7. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 6 1 of 4 31 B -13 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one ", or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2of4 31B-14 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to 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 lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed- access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit /potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 3of4 31 B -15 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. 4of4 31 B -16 LS 8.3.15 RESOLUTION NO. 2015 -27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -13 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT EL NUEVO ENSENADA RESTAURANT LOCATED AT 3622 WEST FIFTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2015 -13 to allow a Type 41 Alcoholic Beverage Control (ABC) license for the property located at 3622 West Fifth Street. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption of beer and wine service that is ancillary to the primary restaurant use. C. On August 10, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -13. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2015 -13 to allow for a Type 41 ABC license: 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 Type 41 ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and wine with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2015 -27 Page 1 of 4 31 B -17 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 Type 41 ABC license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the interior of the commercial tenant space, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of beer and wine in the restaurant is intended to be incidental to the primary use as an eating establishment. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows El Nuevo Ensenada restaurant to remain economically viable and contributes to the overall success and economic stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations and standards imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the SAMC. The facility will be maintained as a bona -fide eating establishment, having the suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than two (2 %) percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. 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 City's General Plan. The granting of this conditional use permit supports policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate Resolution No. 2015 -27 Page 2 of 4 31 B -18 the City's needs for goods and services. Providing a variety of restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 41 ABC license will maintain a safe and attractive environment. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. El Nuevo Ensenada restaurant is occupying an existing commercial building and is compatible with and supporting of surrounding commercial and residential uses. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operation, repair, maintenance, permitting, or leasing of existing structures involving negligible or no expansion of the existing use. The proposed application is to approve a conditional use permit to allow the sale of beer and wine within an existing structure that is already served by municipal services, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2015 -59 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2015 -13. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 10, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2015 -27 Page 3 of 4 31 B -19 ADOPTED this 10th day of August 2015 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) James Gartner Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -27 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 10, 2015. Date: Planning Commission Secretary City of Santa Ana 31 B -20 Resolution No. 2015 -27 Page 4 of 4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: EXTENSION OF CONDITIONAL USE PERMIT M 2013 -26 AND VARIANCE NO. 2013-09 TO ALLOW THE CONSTRUCTION OF THE SAT NHA BUDDHIST TEMPLE AT 803 SOUTH SULLIVAN STREET (STRATEGIC PLAN NO, 3, 2) am CITY MANACa CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on V' Reading ❑ ordinance on 2°Q Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving the extension of Conditional Use Permit No. 2013 -26 and Variance No, 2013 -09, DISCUSSION In September 2013, the City Council approved Conditional Use Permit No. 2013.26 and Variance No. 2013 -09 to allow the Bat Nha Buddhist Temple the ability to construct a new two - level, 27,428 . square foot meditation center at 803 South Sullivan Street; The conditional use permit was to allow a religious facility in the Single- Family Residence (R -1) zoning district; with the variance allowing a reduction in parking and to exceed the allowable building height. Due to a significant shift in the local, state and national economies that commenced several years ago, fundraising to construct the facility has been impacted by the economic downturn, with the Temple unable to start construction of the project. As a result, the entitlements for the site are ready to expire, Entitlements for development projects expire two years from the date of approval unless construction has commenced, Since construction has yet to begin, the applicant would like to maintain the entitlements for the project and is requesting an extension. Section 41.647 of the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an extension of an entitlement, Although the project has yet to be submitted into building plan check, the applicant has secured an architect and is expecting to submit into building plan check later this year and start construction on the project early next year. As a result, the Planning Division recommends that the entitlement for the temple be extended by a period of one year from date of original approval to September 16, 2016. If construction has not commenced by this date, the applicant has the ability to request an additional extension. 55A -1 Extension of CUP No. 2013 -26 & Variance No. 2013 -09 September 1, 2015 Page 2 ENVIRONMIAL IM60 In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3). This determination has been made as it has been found that the proposed action will not cause a significant effect can the environment. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning (Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action, VF;rb MraponskCUP 13.26 & VA13.119 extenalon.ca 55A -2 LS 8.10.15 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT N0, 2013 -26 AND VARIANCE NO. 2013 -09 FOR ONE YEAR FOR THE PROPERTY LOCATED AT 803 SOUTH SULLIVAN STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In September of 2013, the City Council approved Conditional Use Permit No. 2013 -26 and Variance No. 2013 -09 to allow the Bat Nha Buddhist Temple the ability to construct a new two level 27,428 square foot meditation center at 803 South Sullivan Street. B. The applicant has requested a one year extension for Conditional Use Permit No. 2013 -26 and Variance No. 2013 -09. It is the Planning Division's policy to recommend no more than one year extensions, mainly in an effort to encourage the construction of previously approved projects. C. The extension request came before the City Council on September 1, 2015. D. Due to a weak economy over the past few years, the applicant had been unable to secure the funds necessary to begin the project. However, the applicant has secured an architect to prepare construction plans for submittal into Building plan check. The applicant is expecting to start construction on the project early next year. E. Pursuant to City of Santa Ana Municipal Code section 41 -647, where construction does not commence, these types of entitlements expire after two years unless the applicant applies for, and the City Council approves, an extension. F. In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061(b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. Section 2. Conditional Use Permit No. 2013 -26 and Variance No. 2013 -09 are hereby extended for a period of one (1) year from the date of the original approval to Resolution No, 2013 -XXX Page 1 of 3 55A -3 September 16, 2016. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated September 1, 2015, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of September, 2015. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: '(0" f?' c Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2015 -XXX Page 2 of 3 Miguel A. Pulido Mayor 55A -4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55A -5 Resolution No. 2013 -XXX Page 3 of 3 'P�PM REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 4, 2015 TITLE: RE901VIII,AENDED ACTION CLERK OF COUNCIL USE ONLY: n. •1* No 0 As Recommended 0 As Amended Q Ordinance on 1` Reading LI Ordinance on 2nd Reading II Implementing Resolution [1 Set Public Hearing For CONTINUED TO l f`o, Ci` W11111Wt�l rTT 7 Adopt an ordinance amending Chapter 8 of the Santa Ana Municipal Code regarding streamlined permitting procedures for small residential rooftop solar systems to be in compliance with California Assembly Bill 2188. DISCUSSON In 2012, Assembly Rill 1801 amended the California Government Code (Section 65850:5) to promote the installation and use of solar energy by removing obstacles to, and minimizing coasts of solar permitting. This Code Section was further amended in 2014 by Assembly Rill 2188 (AB2188) which states that on or before September 30, 2015, every city must adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. For many years the City has lead the county in promoting the use of solar energy by waiving all permit, plan check and inspection fees regarding solar projects. In addition to waiving the fees, the Planning and Building Agency also Instituted an expedited review and permitting process for qualifying small residential rooftop solar energy systems by reviewing and issuing permits same day over - the - counter, Approved plans are then subject to field review by City Inspection staff, Waiving fees and expediting the permit process has resulted in an exponential growth in solar Installations in the City from only three in 2007 to more than 320 in 20141, Although the solar permit fee waiver ended in 2015, the Building Safety Division continues to promote solar energy through expedited review and permitting, While the current process meets the intent of Assembly Bill 2188, the City must codify these processes in an ordinance to be in compliance with the Sill. The proposed ordinance amendment will append to Chapter 8 of the Santa Ana Municipal Code to include: new definitions, provisions for accepting and approving applications electronically, directing the City's Building Official to develop a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for Santa Ana Property Information Network (SAPIN) Permits Issued report for calendar year 2007 and 2014 75A -1 Solar Permit Streamlining August 4, 2015 Page 2 expedited review, and authorizing the Building Official to administratively approve such applications. The recommended amendments have been evaluated and approved by the California Building Officials Organization (CALSO) as satisfying the requirements of AS2188 (Exhibit 1). Approval of this Item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No, S (Promote a solutions -based customer focus in all efforts to facilitate development and Investment in the community) and Goal No, 5 Community Health, Livability, Engagement and Sustainability, Objective No, 2 (Expand opportunities for conservation and environmental sustainability). FISCAL IMPACT There is no fiscal impact associated with this action. Fees for solar permitting are already collected in accordance with the miscellaneous flee schedule adopted July 1, 2015. alA , Director Planning . Building Agency MF:rb maulke $\RFCA\RFOkBotarBVeamllning Exhibit: 1, Chapter g Cade Amendments 75A -2 City of Santa Ana Municipal Code Chapter 8 - Buildings and Structures ARTICLE XII. - SOLAR ENERGY CODE Sec. 8 -2511 - Small Residential Rooftop Solar Energy System Review Process. (a) Definitions. As used herein the following terms shall mean the following: 1. Electronic Submittal - Shall mean the utilization of one or more of the following: e-mail, internet or facsimile. 2. Small residential rooftop solar energy system - Shall mean all of the following: A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal. ii. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (3) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. iii. A solar energy system that is installed on a single or duplex family dwelling. iv. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction. (b) Applicability. This chapter applies to the permitting of all small residential rooftop solar energy systems. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like -kind replacements shall not require a permit. EXHIBIT 1 Page 1 75A -3 (c) Eligibility. The Building Department shall adopt a standard plan and checklist of all requirements which small residential rooftop solar energy systems shall comply with to be eligible for expedited review. 2. The small residential rooftop solar system permit process, standard plans, and checklist shall substantially conform to the recommendations for expedited permitting, including the checklist and standard contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. 3. Prior to submitting an application, the applicant shall: Verify to the City's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation. At the applicant's cost, verify to the City's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads. (d) Review/ Issuance Process. 1. An application that satisfies the information requirements in the checklist pursuant to Section (c)(2) above, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. 2. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits. 3. City building permit approval does not authorize an applicant to connect the small residential rooftop energy system to the local Page 2 75A -4 utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. (e) Inspections. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however the subsequent inspection need not conform to the requirements of this subsection. Page 3 75A -5 75A -6 LS 7.27.15 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE REGARDING EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1, The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Subsection (a) of Section 65850,5 of the California Government Code provides that it is the policy of the State to promote and encourage the installation and use of solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of such systems. B. The City Council of the City of Santa Ana finds that it is in the interest of the health, welfare and safety of the public to provide an expedited permitting process to encourage the effective development of solar technology. C. Subdivision (g)(1) of Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.5, that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. SECTION 2. Pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. As a result, a Notice of Exemption will be filed upon adoption of this ordinance. SECTION 3. ARTICLE XII of Chapter 8 of the Santa Ana Municipal Code is hereby amended such that it reads as follows with the addition of this new section: Secs. 8 -2511 - Redd. Small Residential Rooftop Solar Energy System Review Process. (a) Definitions. As used herein the following terms shall mean the following: 1. Electronic Submittal - Shall mean the utilization of one or more of the following: e -mail internet or facsimile. 1. 75A -7 LS 7.27.15 2. Small residential rooftop solar energy system - Shall mean all of the following: A solar energy system that is no larger than 10 kilowatts alternating current nameplate ratinq or 30 kilowatts thermal. A solar energy system that conforms to all applicable state fire, Section 714 of the Civil Code as such section or subdivision may be amended, renumbered, or redesignated from time to time. iii. A solar energy system that is installed on a single or duplex family dwelling. iv. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction. (b) Applicability, permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are operation and maintenance or like -kind replacements shall not require a permit. (c) Eligibility. a 2. standard contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. 3. Prior to submitting an application, the applicant shall: 75A -8 LS 7.27.15 live loads associated with the system to the buildinq foundation. At the applicant's cost, verify to the applicant's reasonable (d) Review / Issuance Process. 1. An application that satisfies the information requirements in the checklist pursuant to Section (c)(2) above, shall be deemed complete. Upon 2. Q any additional information required to be eligible for expedited permit issuance. (e) Inspections. 1. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required. 2. SECTION 4. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional. 75A -9 LS 7.27.15 ADOPTED this day of 2015. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: S-61 Z Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2015, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana m 75A -10 CITY COUNCIL MEETING DATE, SEPTEMBER 1, 2015 r • / y„ Now CLERK OF COUNCIL USE ONLY; APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Bearing For CONTINUED TO FILE NUMBER 1, Adopt a resolution approving the Final Environmental Impact Report for Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue. 1 Adopt the Findings and Statement of Overriding Considerations for the Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue. 3. Adopt the Mitigation Monitoring and Reporting Program for the Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue, 4. Approve the Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue DISCUSSION This action will complete the environmental phase of the Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue (Exhibit 1). The approval of the Final Environmental Impact Report (FEIR) (Exhibit 2) will allow the City to pursue funding to complete right -of -way work in preparation for the construction phase of the project, Pending approval of the FEIR, staff will seek Measure M2 Competitive funding in the upcoming call for projects that is tentatively scheduled for October 2015, Warner Avenue is a regionally significant arterial roadway providing east -west travel through the City, The existing conditions between Main Street and Grand Avenue have several unsafe features, including uncontrolled left turns, insufficient access to standards pursuant to the Americans with Disabilities Act (ADA), and no bike lanes, There Is also substantial congestion during peak perlods, and the level of service will worsen as traffic volumes increase as a result of the Tustin Legacy project and other factors, The City is proposing to Improve Warner Avenue from Maln Street to Grand Avenue by adding sidewalks, bike lanes, undergrounding utilities; and widening the roadway from existing four lanes to six lanes. In addition to the on- street dedicated bike lanes (Class 11) and ADA- oompliant sidewalks, the proposal also includes a raised landscape median and a landscaped parkway buffer, both with drought tolerant plants, 75B -1 Resolution to adopt Final EIR for Warner Avenue Improvements Main Street to Grand Avenue September 1, 2015 Page 2 The project is consistent with the designation of Warner Avenue as a major arterial in the City's adopted General Plan Circulation Element and in Orange County's Master Plan of Arterial Highways. It is also supported by the updated draft Circulation Element, which will serve as the basis for the new General Plan Circulation Element to be adopted early 2015. The environmental and engineering effort for the Warner improvements originated as a mitigation measure for the Tustin Legacy project, which involves the redevelopment of the former Tustin Marine Corps Air Station as a mixed -use commercial, residential, and industrial project, As a mitigation measure, the City of Tustin agreed to partially fund the Improvements on Warner Avenue between Main Street and Grand Avenue, Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy S (maintain existing streets and associated assets in a state of good repair) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plan), gNYl00NMENTA6 IMPA The FEIR addresses the environmental effects associated with the implementation of the proposed Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue, The California Environmental Quality Act (CEQA) requires that local government agencies, prior to taking action on projects over which they have discretionary approval authority, consider the environmental consequences to support informed decision making. The CEQA Guidelines (Section 1 5'126Iaj) state that an EIR must address "a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives," The alternatives considered for this project were based, in part, on their potential ability to reduce or eliminate the impacts determined to be significant and unavoidable, even after implementation of all feasible mitigation measures, Project Alternatives Considered: • No Project • 100' Widening Alternative • 120' North Widening Alternative • 120' Center Widening Alternative • 120' South Widening Alternative • Revised Construction Alternative • 110' North Widening Alternative (proposed projeoo • 110' Center Widening Alternative • 110' South Widening Alternative Eleven environmental topics were identified as potentially significant and are fully analyzed in this FEIR, • Air Quality • Land Use and Planning • Cultural Resources • Noise • Geology and Solis • Population and Housing • Greenhouse Gas Emissions • Transportation and Traffic • Hazards and Hazardous Materials • Utilities and Service Systems • Hydrology and Water Quality 75B -2 Resolution to adopt Final EIR for Warner Avenue Improvements Main Street to Grand Avenue September 1, 2015 Rage 3 Two significant unavoidable environmental Impacts were Identified: 1. Nolse during construction 2. Traffic Impacts during construction Public comment totals during the Draft EIR (DEIR) review period are as follows: • Written Comments: • Agencies:6 • Organizations:2 • Individuals :7 • Verbal Comments: • DEIR Meeting #1: 16 Individuals • DEIR Meeting #2:12 Individuals Comments generally fell into the following categories: •. Reduction in residential Impacts • Property acquisition and relocation process • Traffic impacts to local neighborhood streets • Existing safety concerns throughout corridor Written responses to these comments were provided in the FEIR. The FEIR includes all written and oral comments received during the public review period as well as the City's responses. Comments received from the public and from the public agencies did not require any new analysis or result In major changes in the FEIR, The Findings and Facts in support of Findings, and Statement of Overriding Considerations for the Warner Avenue Improvements and Widening Project from Main Street to Grand Avenue Project (State Clearinghouse No. 2012101004), summarizes the evidence relied upon by the City in making these findings. This evidence is drawn from the Notice of Preparation documents; the comments and responses to comments on the DEIR and FEIR; and other evidence presented to the City, including all other Information in the administrative record, Additionally, a Mitigation Monitoring and Reporting Program has been prepared for this project and will be adopted along with the proposed resolution (Exhibit 3). Staff and the consultant team recommend certifying the FEIR, adopting the 110' North Widening Alternative as the Warner Avenue Improvements and Widening Project, and approving the project by adopting the proposed resolution in accordance with the CEQA requirements. To Increase stakeholder involvement and awareness of the project, the City exceeded the CEQA mandated public hearing requirements and held several public meetings to discuss project benefits and the Draft Environmental Impact Report (DEIR): • May 22, 2012 • June 12, 2012 • July 10, 2012 • October 18, 2012 • February 3, 2015 • February 7, 2015 Open House Meeting 1 Presentation to South Main Business Association Open House Meeting 2 EIR Scoping Meeting DEIR Public Comments Meeting DEIR Public Comments Meeting 75B -3 Resolution to adopt Final EIR for Warner Avenue Improvements Main Street to Grand Avenue September 1, 2015 Page 4 The DEIR was released on January 12, 2015, for a 45 -day public comment period ending on February 26, 2015. • 1,450 Notice of Availability flyers were prepared and sent to all properties within 500 feet of the project (multi - residential and single -unit properties, including the owner and tenant of each property), as well as to key stakeholders who had previously participated in the environmental process. The notices provided details of the two scheduled meetings in English and Spanish, * Staff placed the Notice of Availability on the doorknobs of all properties immediately adjacent to Warner Avenue between Main Street and Grand Avenue to ensure residents were aware of the upcoming Draft SIR meetings. Staff also placed notices on the doors of Individual units in two apartment complexes within 500 feet of the project. * At the start of the 46 -day review period, a press release was sent out via Nixie, the Orange County Register, and the Excelsior Newspaper, * Information was placed prominently on the Public Works Page of the City's website, eliciting over 1,500 views since the start of the 45 -day review period. • To encourage attendance, staff contacted key stakeholders, groups, and neighborhood leaders (including those located outside of the 500 -foot notification radius, such as the Memorial Park and Delhi neighborhoods), and sent out an a -news release to several neighborhood leaders in advance of the meetings. • A copy of the Warner Avenue Improvement and Widening Project DEIR was made available at five locations for public review: City Hall Public Works Counter, City Clerk's Office, Main Public Library, Delhi Community Center, and a digital copy on the City's website. • The public meetings mentioned above were held at Manuel Esqueda Elementary School, located at the west end of the project, Information, interpretation, and translation services were provided in English and Spanish. • Notice of the public meetings and calls for public comment were also promoted on the City's social media channels several times throughout the 45-day review period. • To encourage input, flyers concerning the 45-day review period and calls for comments were also distributed as handouts at neighborhood meetings prior to and during the 45 -day review period. • Three on-site meetings were conducted with Cherry Aerospace to discuss potential Impacts to their site and operations. Subsequent to the 45 -day DEIR public comment period, staff engaged in further outreach to Inform the public about the project and its benefits to the community. The Impacts associated with right -of -way acquisition and potential relocation; the rights of those Impacted; and the available resources were also discussed, • April 8, 2015 Presentation to Santa Ana Active Streets Coalition (SAAS) and Equity for All • April 29, 2015 Q&A Session with Delhi Neighborhood • May 21, 2015 Presentation to Delhi Neighborhood Association • June 18, 2015 Presentation to Delhi Neighborhood Association • July 28, 2015 Presentation to Delhi Neighborhood Association • Ongoing Individual meetings (explained below) 75B -4 Resolution to adopt Final EIR for Warner Avenue Improvements Main Street to Grand Avenue September 1, 2015 Page 5 In addition to the aforementioned public meetings, the City offered individual meetings to interested parties and has been In contact with commercial properties within the project limit, including but not limited to Wells Fargo and the Rrookhollow office complex. Furthermore, staff has called or visited the residential properties identified as a full or partial acquisition in the EIR and offered to meet individually with the owners and tenants, Forty -two property owners /tenants were contacted, of which 24 accepted the offer and 19 opted not to receive further information. The meetings focused on the property acquisition and relocation process, but questions were answered regarding anything pertaining to the proposed project, Additional meetings have been scheduled for September; however, City staff will continue to meet with any interested parties until the project Is completed, FISCAL IMPACT There Is no fiscal impact associated with this specific action. Executive Director Public Works Agency FMIEWGIKN Exhibits: 1. Location Map 2. Final Environmental Impact Report: http: / /www ci santa -ana ca us /pwa /documents /DEIRLinkPaae revlslons8 19 2015 odf 3. Resolution a. Findings of Facts / Statement of Overriding Conditions b, Mitigation Monitoring and Reporting Program 75B -5 • J w Z D�HI PAPoC a a cc w zELEMMEP�IPAFiY a ., C LEGEND ®MA 7/ EEI PROJECT AREA // 1 EXHIBIT 1 SANTA ANA PUBLIC HEARING - RESOLUTION MIR111,1111111 NDA TAGE DAE: FOR THE WARNER AVENUE IMPROVEMENTS mu FINAL ENVIRONMENTAL IMPACT REPORT SEPT. 1, 2015 AND WIDENING PROJECT ON WARNER AVE PUBLIC WORKS AGENCY BETWEEN MAIN STAND GRAND AVE PAGE 1 OF 1 75B -6 EXHIBIT 2 Final Environmental Impact Report at: http : / /www.ci.santa- ana.ca.us /pwa /documents /DEIRLinkPage revisions8 19 2015.pdf 75B -7 Jxs 08/10/15 RESOLUTION NO.2015 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT (SCH # 2012101004), PERTAINING TO THE WARNER AVENUE IMPROVEMENT AND WIDENING PROJECT BETWEEN MAIN STREET AND GRAND AVENUE 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 associated with the implementation of the proposed Warner Avenue Improvement and Widening from Main Street to Grand Avenue. B. CEQA also requires that when a Draft EIR is submitted to the State Clearinghouse for review by state agencies, the public be given an opportunity to review and comment on the Draft EIR for a period of not less than 45 days. In accordance with this requirement the Draft EIR began its 45 -day public review and comment period on January 12, 2015, with the review period ending on February 26, 2015. C. In response to written comments received, the City provided formal Response to Comments and EIR clarification or revision. In addition to fulfilling CEQA's requirement for public review, the City conducted two public meetings on February 3 and 7, 2015 in order to allow the public to provide oral testimony on the Draft EIR. D. The City received a total of 15 written comments and 28 verbal comments and evaluated all comments received from the persons or agencies that reviewed the Draft EIR. The City provided written responses to all agencies and members of the public commenting on the Draft EIR at least ten days prior to certification of the EIR. E. The Draft EIR, comments and recommendations received on the Draft EIR, Responses to Comments, and revisions made to the Draft EIR in response to those comments constitute the Final EIR. F. An extensive public outreach campaign was conducted throughout the project to provide opportunities for all stakeholders to play a meaningful role in the development of the plan. Beginning in May of 2012 with an Resolution No. 2015 -xxx Page 1 of 6 75B -8 informational open house and ending in July 23, 2015. There have been a total of 11 community meetings. G. The City Council of the City of Santa Ana held a duly noticed public hearing on the above said actions for the Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue on September 1, 2015, and at that time considered all testimony, written and oral. H. The City Council also adopts as findings all facts presented in the Request for Council Action dated September 1, 2015 accompanying this matter. I. 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 Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue, including an explanation of the rationale for each finding. J. While the Draft EIR determined that most potential impacts could be mitigated to a less than significant level, it did find that implementation of the Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue would result in significant and unavoidable impacts related to Noise during construction as well as Traffic Impacts during construction. K. 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 Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue outweigh the significant and unavoidable impacts identified in the EIR. L. The City has prepared a Mitigation Monitoring and Reporting Program in compliance with Public Resources Code Sections 21081.6 and CEQA Guidelines Section 15097 to ensure compliance with the mitigation measures identified in the EIR during project implementation and operation. 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, and is incorporated herein by this reference as though set forth in full herein. 3) The Final EIR reflects the City of Santa Ana's independent judgment and analysis. Resolution No, 2015 -xxx Page 2 of 6 75B -9 B. The City Council adopts the Findings of Fact and Statement of Overriding Considerations, attached to this Resolution as "Exhibit A" and incorporated herein by this reference as though set forth in full herein. C. The City Council adopts the Mitigation Monitoring and Reporting Program, attached to this Resolution as "Exhibit B" and incorporated herein by this reference as though set forth in full herein. 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), Section 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The Warner Avenue Improvement and Widening Project from Main Street to Grand Avenue exist 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. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Resolution shall take effect immediately after 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 , 2015 Miguel A. Pulido Mayor Resolution No. 2015 -xxx Page 3 of 6 75B -10 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. NS -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 75B -11 Resolution No. 2015 -xxx Page 4 of 6 Exhibit "A" Resolution No. 2015 -xxx Page 5 of 6 75B -12 CEQA FINDINGS OF FACT WARNER AVENUE IMPROVEMENTS AND WIDENING FROM MAIN STREET TO GRAND AVENUE FINAL ENVIRONMENTAL IMPACT REPORT STATE CLEARINGHOUSE NO. 2012101004 Exhibit A INTRODUCTION The California Environmental Quality Act (CEQA) requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report (EIR) prior to approval of the project (Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code). This document provides the findings required by CEQA and the specific reasons for considering the project acceptable even though the project has significant impacts that are infeasible to mitigate. The lead agency is responsible for the adequacy and objectivity of the EIR. The City of Santa Ana, as lead agency, has subjected the Draft EIR and Final EIR to its own review and analysis. The City of Santa Ana City Council certifies that the Draft EIR, Final EIR, and Findings of Fact reflect the independent judgment of the City. A. FINDINGS OF FACT The City of Santa Ana, as lead agency, is required under CEQA to make written findings concerning each alternative and each significant environmental impact identified in the Draft EIR and Final EIR. CEQA Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an FIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 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 Final EIR. 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. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. CEQA Findings of Fact - 1 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -13 (b) The findings required by subsection (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency malting the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. The "changes or alterations" referred to in Section 15091(a)(1) may include a wide variety of measures or actions, as set forth in Guidelines Section 15370, including: (a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments. B. ENVIRONMENTAL REVIEW PROCESS The Final EIR includes the Draft EIR dated January 12, 2015, written comments on the Draft EIR that were received during the public review period, and written responses to those comments and changes to the Draft FIR, and revisions to the Draft FIR based on agency comments (hereinafter referred to collectively as the Final EIR). In conformance with CEQA and the State CEQA Guidelines, the City conducted an extensive environmental review of the proposed project. The environmental review process has included: CEQA Findings of Fact -2- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -14 Completion of an Initial Study (IS) and Notice of Preparation (NOP), which concluded that an EIR would be prepared. The NOP was released for a 30 -day public review period from October 1, 2012, to October 30, 2012. The NOP was posted at the Orange County Clerk- Recorder's office on October 1, 2012. Copies of the IS were made available for public review at Santa Ana City Hall, Santa Ana Public Works Agency office, and Santa Ana Main Library. During the scoping process, the public was invited by the City to participate in a scoping meeting held on October 18, 2012, at the Manuel Esqueda Elementary School Multipurpose Room. The notice of a public scoping meeting was included in the NOP. The Draft EIR was made available for a 45 -day public review period from January 12, 2015, to February 26, 2015. The Draft EIR analyzed impacts to air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use, noise, population and housing, transportation and traffic, and utilities and service systems. The Draft EIR analysis identified that the proposed project would result in significant environmental impacts related to noise and traffic during construction. All other CEQA - related environmental impacts were found to be less than significant with mitigation measures incorporated. The Notice of Availability for the Draft EIR (NOA) and the Draft EIR were sent to agencies, organizations and interested persons, and to the Governor's Office of Planning and Research, State Clearinghouse for distribution to state agencies. The NOA was posted at the Orange County Clerk- Recorder's office on January 8, 2015 and. Copies of the NOA and Draft EIR were made available for public review at the Santa Ana City Clerk's Office, Santa Ana Publics Works Agency, Santa Ana Main Library, and the Delhi Center. NOA was mailed to over 1,400 addresses; hand delivered to all properties adjacent to Warner Avenue between Main Street and Grand Avenue, including individual units in two apartment complexes within 500 feet of the project; published in Orange County Register and the Excelsior newspapers. The City held over 35 meetings relating to the Warner Avenue hprovements and Widening Project. The meetings covered and gathered feedback on various topics including project benefits, the EIR, and the property acquisition /relocation process.. The City has exceeded its obligation for public outreach for this project under the California Environmental Quality Act (CEQA). All public meetings have had a Spanish interpreter; and certain documents, such as the right -of -way process and meeting notices, have been translated to Spanish. Additionally, Spanish & Vietnamese translation was offered at each individual meeting. The Final EIR included the Draft EIR written comments, verbal comments from two Draft EIR public meetings, responses to all comments, and revisions to the Draft EIR. The Final EIR was released for a 10 -day agency review period prior to certification of the Final EIR. Public hearing will be held for the proposed project: City Council on September 1, 2015. C. RECORD OF PROCEEDINGS For purposes of CEQA and these Findings, the record of proceedings for the proposed project consists of the following documents and other evidence, at a minimum: • The NOP, NOA, and all other public notices issued by the City in conjunction with the proposed project. CEQA Findings of Fact -3- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -15 • The Final EIR, which includes the Draft EIR, for the proposed project. • All written and verbal comments from the Draft EIR public meeting by agencies, organizations, and interested parties during the Draft EIR public review comment period. • All responses to Draft FIR written and recorded verbal comments. The mitigation monitoring and reporting program. • The reports, studies, and technical memoranda included or referenced in the Final EIR. • All documents, studies, EIRs, or other materials incorporated by reference in the Final EIR. • The resolutions adopted by the City in connection with the proposed project, and all documents incorporated by reference therein. • Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations. • Any documents expressly cited in these Findings. • Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e). D. CUSTODIAN AND LOCATION OF RECORDS The documents and other material that constitute the record of proceedings on which these findings are based, are located at the City of Santa Ana Public Works Office, City Hall, 20 Civic Center Plaza, 3`d Floor, Santa Ana, CA 92701. The custodian for these documents is the City of Santa Ana. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code of Regulations Section 15091(e). E. PROJECT SUMMARY The proposed project entails the improvements and widening of Warner Avenue from Main Street to Grand Avenue to a total of six lanes (three lanes in each direction) with related improvements such as raised landscaped medians and parkway, wider sidewalks, dedicated bike lanes, increased storm drain size, bus locations, and the undergrounding of existing utilities along the project segment (see table below). Proiect Cross - Section Detail CEQA Findings of Fact -4- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -16 Existing Conditions Proposed Project Travel lanes 4 6 Lane width 10 to 12 feet 11 -foot Raised median none 14 -foot Bike lanes none 5 -foot Sidewalk & Parkway 4 to 10 feet 10 -foot Total ROW 70 to 120 feet 110 feet CEQA Findings of Fact -4- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -16 To implement the road improvements and widening, acquisition of public and private properties cannot be avoided. As proposed (based on assessor parcel numbers, APNs), 30 full parcels and 8 partial parcels would require acquisition along the north side of Warner Avenue from Main Street to Standard Avenue. On the south side of Warner Avenue, 5 full parcels and 19 partial parcels would require acquisition between Main Street and Brookhollow Drive. The City would comply with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the State of California Relocation Guidelines under Title 25, Division 1, Chapter 6, of the California Code of Regulations. A specific relocation plan would be prepared, and all displaced persons would be contacted by a relocation agent, who is responsible for ensuring that displaced persons receive full relocation benefits, including advisory assistance, and that all activities are conducted in accordance with federal and state regulations. F. PROJECT OBJECTIVES • Design and construct Warner Avenue to be consistent with the City's General Plan Circulation Element and County of Orange Master Plan of Arterial Highways (MPAH) designation as a major arterial. • Alleviate traffic congestion and delays within the Warner Avenue project limits. • Provide roadway capacity to accommodate existing and future traffic volumes. • Increase vehicular safety and reduce accidents by removing left turn hazards. • Comply with the Complete Streets Act by providing safe and accessible travel for bicyclist, pedestrians, and wheelchairs through new bike lanes and wider parkway and sidewalks. • Minimize property acquisition including public facilities. • Improve stormwater drainage and water quality. G. SUMMARY OF ENVIRONMENTAL IMPACTS Based on the Initial Study and Draft FIR, the following is a summary of the environmental topics considered to have no impact, a less than significant impact, a less than significant impact with incorporation of mitigation measures, and a significant and unavoidable impact. No Impact • Agriculture and Forestry Resources • Mineral Resources Less Than Significant Impact • Aesthetics • Biological Resources • Geology and Soils • Greenhouse Gas Emissions CEQA Findings of Fact -5- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -17 • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Population and Housing • Public Services • Recreation • Utilities and Service Systems Less Than Significant Impact with Mitigation Incorporated • Air Quality (Construction) • Cultural Resources (Archaeological) Significant and Unavoidable Impact • Noise (Construction) • Transportation and Traffic (Construction) II. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS A. IMPACTS MITIGATED TO LESS THAN SIGNIFICANT The following summary describes impacts of the proposed project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the Draft EIR, these impacts would be considered less than significant. Air Quality Impact 5.1 -4 Construction activities associated with the proposed project could expose sensitive receptors to substantial pollutant concentrations of coarse particulate matter (PM10). Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.1 -16 of Section 5. 1, Air Quality, of the Draft EIR. The maximum daily emissions of PM10 generated during demolition and debris - hauling activities would exceed the PMto LST. Consequently, impacts to localized air quality from project - related construction activities would be potentially significant. Mitigation Measure AQ -1 Prior to construction contract award, the City of Santa Ana shall specify in the constriction special provisions that the construction contractor shall include limitations on the amount of roadway debris to be removed from the site. During demolition of the roadway including asphalt, roadbed, curb, gutter, and sidewalks, the contractor shall limit the daily amount of demolition debris haul to a maximum of 38 trucks per day if 12 -ton capacity haul trucks are used, assuming a one -way haul distance of 9 miles. If truck haul distance for roadway debris is greater than 9 miles, CEQA Findings of Fact -6- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 •7 then hauling shall be restricted to no more than 684 miles per day. The demolition debris hauling phase shall not overlap with any other construction phases, including grading. These requirements shall be noted on all construction management plans and verified by the City of Santa Ana during demolition and grading activities. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.1 -4 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Cultural Resources Impact 5.2 -2 Project - related earthwork may result in a substantial adverse change in the significance of an archaeological resource. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.2 -10 of Section 5.2, Cultural Resources, of the Draft EIR. The project would involve ground disturbance up to a depth of about 30 inches. The total area of disturbance for the road widening is estimated as 24.7 acres. Although, the project site is already disturbed and developed, because of the early development in this area, previously undiscovered archaeological resources could be damaged during construction. The possible destruction of archaeological resources is considered a significant impact. Mitigation Measures CUL -1 Prior to the initiation of project - related earthmoving activities, the City of Santa Ana project manager or their designee shall retain a county- certified qualified archaeologist. The archaeologist must have knowledge of both prehistoric and historical archaeology, and shall remain on call in the event of a discovery. CUL -2 Prior to the start of ground- disturbing activities on the project site, the City of Santa Ana project manager or their designee shall ensure that a qualified archaeologist or another mitigation program staff member has conducted cultural resources sensitivity training for all construction workers involved in moving soil or working near soil disturbance. Construction personnel, including heavy - equipment operators, shall be briefed on procedures to be followed in the event that cultural remains are encountered by earthmoving activities. • Preconstruction training shall include: o Review the types of archaeological resources that might be found Review of laws and applicable requirements concerning the protection of cultural resources o Prehistoric or historic cultural resource discovery procedures CEQA Findings of Fact -7- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -19 • The briefing shall be presented to new contractor personnel as necessary • Names and telephone numbers of the monitor and other mitigation program personnel shall be provided to appropriate construction personnel CUL -3 During project - related earthmoving activities, if cultural resources are discovered, a qualified archaeologist shall prepare a cultural resource monitoring plan. The cultural resource monitoring plan shall outline when and for how long monitoring shall occur; where on the site monitoring shall be required; methods of monitoring; types of artifacts anticipated; procedures for temporary stop and redirection of work to permit sampling, identification, and evaluation of possible resources; procedures for additional analysis; and accommodation and procedures for Native American monitors, if any. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.2 -2 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Noise Impact 5.8 -1 Long -term operations due to expansion of Warner Avenue from four to six lanes would expose noise - sensitive land uses to ambient noise levels that exceed the City's noise compatibility criteria. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.8 -13 of Section 5.8, Noise, of the Draft EIR. Widening of Warner Avenue from four to six lanes would require demolition of the first row of structures along the north side of Warner Avenue, thereby exposing the second row receptors along Warner Avenue to roadway noise. In addition, expansion of Warner Avenue would change the lane alignments, resulting in locations where travel lanes would be closer to the nearest buildings. The combination of these two impacts could substantially increase exterior and interior noise levels at the noise - sensitive land uses along Warner Avenue. Mitigation Measure N -1 Prior to final engineering plan approval, when detailed roadway alignment, landscape plans, and elevations are available, a final noise study shall be prepared to identify specific sound wall locations along receptors that would be significantly impacted by the project. With current information significantly affected properties are listed in Table 5.8 -12. Figure 5.8 -2 shows the sound wall locations and heights that would reduce noise impacts to levels below significance. For aesthetic purposes, the City can use the alternative wall location shown on Figure 5.8 -2; however, one of the two wall locations is required to provide sound attenuation to meet City of Santa Ana noise standards. Sound walls shall be solid from the ground to the top with no decorative cutouts and shall weigh at least 3.5 pounds per square foot of face area. The sound walls may be constructed using masonry block, '/a -inch thick glass, or other transparent material with sufficient weight per square foot. The need, location, CEQA Findings of Fact -8- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -20 and height of sound walls /walls shall be determined based on the conclusions of the final acoustical report and the final pad elevations of the grading plan. All walls determined to be necessary for noise mitigation by the final acoustical report shall be incorporated into the final roadway construction plans. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.8 -1 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Impact 5.8 -2 Construction activities would expose sensitive uses to groundborne vibration levels that would be perceptible and potentially cause architectural damage at homes. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.8 -16 of Section 5.8, Noise, of the Draft EIR. Groundborne vibration would be generated by the proposed project during construction activities, primarily during the demolition, grading, and foundation phases. At a distance of 25 feet, vibration levels generated by a vibratory roller would exceed the FTA threshold and would have the potential to cause architectural damage at existing structures. Mitigation Measure N -2 The use of vibratory rollers shall be prohibited within 30 feet of a residential structure. If soil compacting is required within 30 feet of a residential structure, static rollers shall be employed. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.8 -2 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Transportation and Traffic Impact 5.10 -6 Project construction may require additional temporary safety measures to assure safe routes to schools for elementary schools next to the project site. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.10 -28 of Section 5.10, Transportation and Traffic, of the Draft EIR. There are two schools next to the project site: James Monroe Elementary School at 417 East Central Avenue along the south side of Warner Avenue near its intersection with Oak Street; and Manuel Esqueda Elementary School at 2240 South Main Street at the northwest corner of the intersection of Warner Avenue and Main Street. Temporary changes to roadway and intersection configuration during project construction, including changes to crosswalks and pedestrian crossing signals, may require additional, temporary safety measures for students and other CEQA Findings of Fact -9- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -21 pedestrians during project construction. Mitigation Measure T -2 Prior to the beginning of any utility relocation, demolition, or construction work, a detailed construction traffic control plan shall be prepared by a licensed civil engineer. The construction traffic control plan shall be based on the most recent version of the Greenbook: Standard Specifications for Public Works Construction (federal); California Department of Transportation California Manual on Uniform Traffic Control Devices (state); Southern California Chapter of the American Public Works Association Work Area Traffic Control Handbook, and City Standard Provisions (local). The traffic control plan shall include extensive public outreach and public awareness through the use of mailers and notices in local papers and other publications. T -3 The construction traffic control plan required by Mitigation Measure T -2 shall include addition of any needed temporary safety measures to the Safe Routes to Schools plans for James Monroe Elementary School and Manuel Esqueda Elementary School. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.10 -6 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measures are feasible, and they are therefore adopted. Impact 5.10 -7 The project could require temporary alterations, including rerouting, of OCTA bus services during project construction; and permanent relocation of the bus stop at Warner Avenue and Standard Avenue for the proposed reconfiguration of the Cherry Aerospace access improvements. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.10 -28 of Section 5.10, Transportation and Traffic, of the Draft EIR. The proposed truck access reconfiguration and concrete access pad for the Cherry Aerospace facility could potentially impact OCTA bus operations at the existing Warner Avenue/Standard Avenue bus stop. Therefore, project constriction could require temporary alteration, which may include rerouting, of OCTA bus routes 53, 55, 72 and 463 serving Warner Avenue between Main Street and Grand Avenue. Construction of the proposed truck access reconfiguration and concrete access pad for the Cherry Aerospace facility would require permanent relocation of the OCTA bus stop for eastbound Route 72, which is now located between Cherry Aerospace driveways. Mitigation Measure T -4 At least three months before the start of any project work that could impact the Warner Avenue roadway, concrete pads at existing bus stops in the project site, or sidewalks, the City of Santa Ana and the project traffic engineer shall coordinate with the Orange County Transportation Authority to specify any needed temporary alterations of service on OCTA Routes 53, 55, 72, and 463. Such alterations may include rerouting bus routes off of Warner Avenue in the project site and permanent CEQA Findings of Fact - 10 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -22 relocation of the bus stop at Standard Avenue and Warner Avenue due to the proposed buck turn-out for Cherry Aerospace. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. Impact 5.10 -7 would be less than significant with mitigation. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. B. SIGNIFICANT UNAVOIDABLE IMPACTS The following summary describes the unavoidable impacts of the proposed project where mitigation measures were found to be infeasible, or they would not reduce impacts to less than significant. The following impact would remain significant and unavoidable. Noise Impact 5.8 -3 Construction activities would substantially elevate noise levels in the vicinity of noise - sensitive land uses for an extended duration. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.8 -19 of Section 5.8, Noise, of the Draft EIR. Short -term noise would be associated with the site preparation, grading, and building construction of the proposed road widening. While the magnitude of the noise would, at times, be up to 86 dBA Ley, it would fluctuate throughout the workday because equipment would not be in use at one location for an extended period of time. Operation of heavy earthmoving equipment has the potential to substantially elevate noise levels at nearby residential areas for an extended duration over several months; construction noise is considered significant. Mitigation Measures N -1 Prior to final engineering plan approval, when detailed roadway alignment, landscape plans, and elevations are available, a final noise study shall be prepared to identify specific sound wall locations along receptors that would be significantly impacted by the project. With current information significantly affected properties are listed in Table 5.8 -12. Figure 5.8 -2 shows the sound wall locations and heights that would reduce noise impacts to levels below significance. For aesthetic purposes, the City can use the alternative wall location shown on Figure 5.8 -2; however, one of the two wall locations is required to provide sound attenuation to meet City of Santa Ana noise standards. Sound walls shall be solid from the ground to the top with no decorative cutouts and shall weigh at least 3.5 pounds per square foot of face area. The sound walls may be constructed using masonry block, '/a -inch thick glass, or other transparent material with sufficient weight per square foot. The need, location, and height of sound walls /walls shall be determined based on the conclusions of the final acoustical report and the final pad elevations of the grading plan. All walls determined to be necessary for noise mitigation by the final acoustical report shall be incorporated into the final roadway construction plans. N -2 The use of vibratory rollers shall be prohibited within 30 feet of a residential CEQA Findings of Fact - 11 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -23 structure. If soil compacting is required within 30 feet of a residential structure, static rollers shall be employed. N -3 Prior to the start of grading, the construction contractor shall provide evidence acceptable to the Public Works Director, or designee, that: a. All construction vehicles and equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers; mufflers shall be equivalent to or of greater noise reducing performance than manufacturer's standard. b. Stationary equipment, such as generators, cranes, and air compressors, shall be located as far from adjacent residences and James Monroe Elementary School as feasible. c. Equipment maintenance, vehicle parking, and material staging areas shall be located as far away from adjacent residences and James Monroe Elementary School as feasible. N -4 The recommended sound walls described in N -1 shall be constructed as soon as practicable to minimize temporary construction - related noise impacts during implementation of the project. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Mitigation Measures N -1 through N -4 would reduce noise generated by construction activities to the extent feasible. However, due to the amount of heavy construction equipment required and duration of construction activities, Impact 5.8 -3 would remain significant and unavoidable and a Statement of Overriding Considerations is required. Transportation and Traffic Impact 5.10 -3 Project construction may result in temporary impacts to levels of service at Warner Avenue /Main Street and Warner Avenue/Halladay Street intersections. Facts in Support of Finding: Support for this environmental impact conclusion is fully discussed starting on page 5.10 -26 of Section 5. 10, Transportation and Traffic, of the Draft EIR. The analysis detennined that three studied intersections would continue to operate at acceptable LOS D or better and two intersections would operate at unacceptable LOS: Main Street and Warner Avenue at LOS E during PM peak hour, and Halladay Street and Warner Avenue at LOS F during PM peak hour. Additionally, because the Maple Street and Warner Avenue intersection is unsignalized, the delay would be worsened in the north and south directions. These impacts would be temporary, and traffic flow would improve once the construction is complete. Short- term roadway closures would occur during removal and relocation of overhead electrical poles. CEQA Findings of Fact - 12 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -24 Mitigation Measures T -1 Any temporary lane closures shall be limited to non -rush -hour periods. Directions to alternative routes shall be provided to drivers, bicyclists, and pedestrians during road closures. Road closures shall not last over 24 hours without advance written approval of the Executive Director of the City of Santa Ana Public Works Agency or designee. T -2 Prior to the beginning of any utility relocation, demolition, or construction work, a detailed construction traffic control plan shall be prepared by a licensed civil engineer. The construction traffic control plan shall be based on the most recent version of the Greenbook: Standard Specifications for Public Works Construction (federal); California Department of Transportation California Manual on Uniform Traffic Control Devices (state); Southern California Chapter of the American Public Works Association Work Area Traffic Control Handbook; and City Standard Provisions (local). The traffic control plan shall include extensive public outreach and public awareness through the use of mailers and notices in local papers and other publications. Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the Final EIR. These changes are identified in the form of a mitigation measure, presented above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Mitigation Measures T -1 and T -2 would reduce construction- related traffic impacts to the extent feasible. However, due to the reduction in travel lanes and duration of construction activities, Impact 5.10 -3 would remain significant and unavoidable and a Statement of Overriding Considerations is required. III. FINDINGS ON PROJECT ALTERNATIVES The CEQA Guidelines (Section 15126[a]) state that an EIR must address "a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives." The alternatives were based, in part, on their potential ability to reduce or eliminate the impacts determined to be significant and unavoidable for the proposed project even after implementation of all feasible mitigation measures. As described in Chapter 7 of this Draft FIR, five project alternatives were identified, considered, and rejected from further analysis as described below: • Alternative Project Site • Preliminary Engineering Alternatives 0 100 ROW 0 110 Center Alternative 0 120 North Alternative 0 120 Center Alternative Four project alternatives were identified and analyzed for relative impacts as compared to the proposed project: • No Project Alternative CEQA Findings of Fact - 13 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -25 • 110 South Alternative • 120 South Alternative • Revised Construction Alternative The alternatives analyzed in the EIR were determined to represent a reasonable range of alternatives with the potential to feasibly attain most of the basic objectives of the project but avoid or substantially lessen any of the significant effects of the project. A. No Project Alternative Section 15126.6(e) of the CEQA Guidelines requires the analysis of a No Project Alternative. This No Project analysis must discuss the existing condition, as well as what would be reasonably expected to occur in the foreseeable future if the project were not to be approved. In this alternative Warner Avenue from Main Street to Grand Avenue is not widened, and the existing roadway configuration and intersection traffic controls remain as is. The new bicycle lanes and improved sidewalks included in the proposed project would not be constructed. No properties would be acquired, and no buildings demolished for roadway widening. Drainage improvements included in the proposed project would not be installed. Facts in Support of Finding: This alternative would meet one project objective, Objective 6 — minimizing property acquisition including public facilities — but would not meet any of the other project objectives. • This alternative would increase impacts on geology and soils, hydrology and water quality, transportation and traffic, and utilities and service systems. • This alternative would avoid one significant and unavoidable impact, (construction noise), but would increase the significant and unavoidable impact related to construction- phase traffic. Finding: The City of Santa Ana finds, based on the Final EIR and the whole of the record, that the No Project Alternative is less desirable than the proposed project. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make this alternative less than desirable than the proposed project. Public Resources Code § 21081 [a][3], Guidelines § 15091 [a][3]). B. 110 South Alternative This alternative would use a 110 -foot total ROW width, a modified Major Arterial ROW, and would align the road widening mostly on the south of the existing centerline. The ROW includes six 11 -foot lanes, a 14- foot -wide raised landscaped median, 5 -foot shoulder/bike lanes, and 10- foot parkway and sidewalk. This alternative would require 25 full and 31 partial parcel acquisitions. Compared to the proposed project, the major differences with this alignment are the acquisition and building removal of three additional commercial parcels (at the strip commercial center) and one industrial parcel (Cherry Aerospace). Partial impacts to industrial parcels on the north side of Warner Avenue would be reduced. The majority of impacts to full residential parcels would be shifted from the north to the south side of Warner Avenue and result in the reduction of 10 full CEQA Findings of Fact - 14 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -26 acquisitions, and an increase of 4 partial acquisitions, compared to the proposed project. Facts in Support of Finding: • This alternative would achieve all project objectives. • This alternative would reduce the number of residential parcels that would be affected by construction noise; however, this impact would remain significant and unavoidable in this alternative, as it would for the proposed project. • The 110 South Alternative would reduce environmental impacts to population and housing; all other environmental topics would be similar to the proposed project. • This alternative would result in the loss of a strip of property along the north side of James Monroe Elementary School, National Guard Armory, and Delhi Park and the demolition of Cherry Aerospace, a large industrial parcel that provides the community with income and employment opportunities. While fewer homes would be demolished under this alternative, the demolition of Cherry Aerospace would not be an economically feasible substitute. Additionally, the impact to public facilities would have greater effects to the community compared to the proposed project. • Land use and planning impacts would be greater than the proposed project. Finding: The City of Santa Ana finds, based on the Final FIR and the whole of the record, that the 110 South Alternative is less desirable than the proposed project. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make this alternative less than desirable than the proposed project. Public Resources Code § 21081 [a] [3], Guidelines § 15091 [a] [3]). C. 120 South Alternative This alternative would use a 120 -foot total ROW width, the City of Santa Ana standard Major Arterial ROW, and would align most of the road widening to the south of the existing centerline. The ROW includes six 12 -foot lanes, a 14- foot -wide raised landscaped median, 7 -foot shoulder/bike lanes, and 10 -foot parkway and sidewalk. This alternative would require 31 full and 25 partial parcel acquisitions. Compared to the proposed project, the major differences with this alignment are the acquisition and building removal of three additional commercial parcels (at the strip commercial center), the fire station, and two industrial parcels (Cherry Aerospace and H &H asphalt). The majority of impacts to full residential parcels would be shifted from the north to the south side of Warner Avenue and result in the reduction of 4 full acquisitions. Facts in Support of Finding: • This alternative would result in the loss of a significant strip of property along Warner Avenue at the Monroe Elementary School, National Guard Armory, and Delhi Park. • This alternative would not reduce either of the significant and unavoidable impacts of the proposed project, and would increase environmental impacts to air quality, greenhouse gas emissions, and hazards and hazardous materials. Long term traffic noise impacts may be reduced. All other environmental topics would be similar to the proposed project. CEQA Findings of Fact - 15 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -27 This alternative would achieve all project objectives Finding: The City of Santa Ana finds, based on the Final EIR and the whole of the record, that the 120 South Alternative is less desirable than the proposed project. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers and the effects to the community, make this alternative less than desirable than the proposed project. Public Resources Code § 21O81[a][3], Guidelines § 15O91[a][3]). D. Revised Construction Alternative The operation of heavy earthmoving equipment would substantially elevate noise levels near residential areas and schools (considered sensitive noise receptors) over several months; therefore, construction noise is considered significant. This alternative would reduce the number of heavy earthmoving equipment and construction activities occurring daily and extend construction schedule as shown in the table below, and would reduce construction- related noise impacts. In most cases the pieces of equipment would be reduced by half and the duration of each phase of construction would be doubled. Revised Construction Alternative Project Construction I Project Construction Alternative Phase I Equipment I Duration I Eauinment I Duration Demolition of Existing Structures 2 backhoes and 1 front- 3 months' 1 backhoe and 1 front- I 6 months' end loader end loader OHE Removal 2 cranes and 1 pole- 6 months' 1 crane and 1 pole- I 12 months' pull pulling machine 2. Roadway Construction Demolition of AC /Curb /Gutter 1 front -end loader with 3 days' 1 front -end loader with 6 days2 breaker attachment breaker attachment Excavation /Removal of Fill and Subbase 2 backhoes and 1 front- 5 days2 1 backhoe and 1 front- 10 days2 end loader endloader Foundation Construction 1 paver & 2 rollers 17 days' 1 paver & 1 roller 34 days2 Paving 1 paver & 2 rollers 17 days' 1 paver & 1 roller 34 days2 Note: Duration of each phase is approximate. ' ROW clearance, demolition, and removal of buildings, pads, and poles would be done over 3 to 5 years as parcels are acquired by the City. 2 Duration is for each side of the street required for widening in 0.25 -mile segments. For example, laying pavement would take 17 days for a 0.25 -mile section on the north side of Warner Avenue and another 17 days for a 0.25 -mile section an the south side of Warner Avenue. Facts in Support of Finding: Impacts related to construction transportation and traffic — one of the two significant and unavoidable impacts — would be greater than for the proposed project. All other environmental topics would be similar to the proposed project. Construction noise impacts would be reduced, but not to less than significant levels. Impacts would remain significant and unavoidable. This alternative would achieve all project objectives CEQA Findings of Fact - 16 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -28 Finding: The City of Santa Ana finds, based on the Final EIR and the whole of the record, that the Revised Construction Alternative is less desirable than the proposed project. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, and the effects to the community, make this alternative less than desirable than the proposed project. Public Resources Code § 21081[a][3], Guidelines § 15091[a][3]). CEQA Findings of Fact - 17 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -29 CEQA STATEMENT OF OVERRIDING CONSIDERATIONS WARNER AVENUE IMPROVEMENTS AND WIDENING FROM MAIN STREET TO GRAND AVENUE FINAL ENVIRONMENTAL IMPACT REPORT STATE CLEARINGIiOUSE NO. 2012101004 Exhibit B I. INTRODUCTION The City of Santa Ana (City) is the lead agency under the California Environmental Quality Act (CEQA) and is responsible for preparation, review, and certification of the Final Environmental Impact Report (Final EIR) for the Warner Avenue hprovements and Widening from Main Street to Grand Avenue. As the lead agency, the City is also responsible for determining the potential environmental impacts of the proposed action, which of those impacts are significant, and therefore require mitigation measures to avoid or minimize those impacts. CEQA then requires the lead agency to balance the benefits of the proposed action against its significant unavoidable adverse environmental impacts before determining whether or not to approve the proposed project. In making this determination, the City complies with the Section 15093 of the CEQA Guidelines, which provides: (a) CEQA requires the decision - malting 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 FIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action 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. In addition, Public Resources Code, Section 21081(b), requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also 'find that overriding economic, legal, CEQA Statement of Overriding Considerations - 1 - Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -30 social, technological, or other benefits of the project outweigh the significant effects of the proj ect. Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the project against the following unavoidable adverse impacts associated with the project and has adopted all feasible mitigation measures with respect to these impacts. The City also has examined alternatives to the project, none of which both meets the project objectives and is environmentally preferable to the proposed project for the reasons discussed in the Findings and Facts in Support of Findings. II. SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS Although most potential project - related impacts have been substantially reduced or avoided through mitigation, as described in the Findings of Fact, there remain some impacts for which complete mitigation is not feasible. For some impacts, mitigation measures were identified and adopted, but even with implementation of the measures, the City finds that the impact cannot be reduced to a less than significant level. The Final FIR identified the following project- related significant unavoidable adverse impacts. A. NOISE — Construction Construction activities would substantially elevate noise levels in the vicinity of noise- sensitive land uses for an extended duration. Short-term noise would be associated with the site preparation, grading, and building construction of the proposed road widening. The existing noise levels at receptors along Warner Avenue range from 69.5 to 72.8 dBA Leg. Each construction phase would generate noise levels ranging from 82 to 87 dBA Leq at 25 feet; however it would fluctuate throughout the workday because equipment would not be in use at one location for an extended period of time. Because the operation of heavy earthmoving equipment has the potential to substantially elevate noise levels at nearby residential areas for an extended duration over several months, construction noise is considered significant. Mitigation Measure N -1 requires the location of sound walls included in final roadway construction plans; Mitigation Measure N -2 requires that vibratory rollers not be used within 30 feet of homes; Mitigation Measure N -3 puts restrictions on construction vehicles and equipment; and Mitigation Measure N -4 requires early construction of permanent sound walls. Mitigation Measures N -1, N -2, N -3, and N -4 would reduce noise generated by construction activities to the extent feasible; however, construction -phase noise impacts are still anticipated to occur; therefore, this impact is considered significant and unavoidable. B. TRANSPORTATION AND TRAFFIC — Construction Project construction would temporary affect traffic flow along Warner Avenue and surrounding streets, and significantly impact Warner Avenue/Main Street and Warner Avenue /Halladay Street intersections. Construction would be completed in linear segments so the entire length of Warner Avenue within the project limits is not disrupted at once. During demolition and construction, the four existing travel lanes on Warner Avenue would be narrowed to two lanes, one lane in each CEQA Statement of Overriding Considerations -2- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -31 direction, along the side opposite the area of construction. Where lane closures during peak periods cannot be avoided, traffic would be managed to give priority to the direction that has the heaviest traffic. Short -term roadway closures would occur during removal and relocation of overhead electrical poles. Two intersections would operate at unacceptable LOS during the construction phase: Main Street and Warner Avenue at LOS E during PM peak hour, and Halliday Street and Warner Avenue at LOS F during PM peak hour. Mitigation Measure T -1 requires that lane closures avoid non -rush -hour periods. Mitigation Measure T -2 requires that a construction traffic management plan identifying construction traffic control requirements, traffic detours, and other necessary measures be implemented. The measure also requires extensive public notification about the construction. Mitigation Measures T -1 and T -2 would reduce traffic delays caused by construction activities to the extent feasible; however, construction -phase traffic impacts are still anticipated to occur; therefore, this impact is considered significant and unavoidable. III. CONSIDERATIONS IN SUPPORT OF THE STATEMENT OF OVERRIDING CONSIDERATIONS After balancing the specific economic, legal, social, technological, and other benefits of the proposed project, the City of Santa Ana has determined that the unavoidable adverse temporary construction - related environmental impacts identified above may be considered "acceptable" due to the specific considerations discussed below; therefore, the project benefits. outweigh the unavoidable, adverse environmental impacts. The following benefits will occur as a result of approval of the proposed project. 1. Design and construct Warner Avenue to be consistent with the City's General Plan Circulation Element and Orange County Master Plan of Arterial Highways (MPAH) designation as a major arterial. Warner Avenue within the project limits is a four -lane undivided road with variable curb -to- curb and right -of -way (ROW) widths. Warner Avenue has a major arterial designation with six -lanes in both the City's General Plan Circulation Element and the Orange County MPAH; therefore the current cross - section is inconsistent with both documents. Widening Warner Avenue from ,four to six lanes between Main Street and Grand Avenue would make this section of the street consistent with the City's General Plan Circulation Element and the Orange County MPAH. 2. Alleviate traffic congestion and delays within the Warner Avenue project limits. By adding a vehicle travel lane in each direction, Warner Avenue widening will significantly reduce traffic congestion and delays within the one mile project limits. Additionally by providing a safer travel options for pedestrians and bicyclist, it is anticipated that some people may choose to not drive thereby reducing traffic. 3. Provide roadway capacity to accommodate existing and future traffic volumes. Warner Avenue within the project limits is a four -lane road with variable curb -to -curb and right -of -way (ROW) widths. It has a median (striped not raised) in some segments and no median in other segments; therefore, this four -lane section of Warner Avenue is designed to accommodate up to 20,000 vehicles per day (LOS Q. Currently there are 23,000 to 28,000 CEQA Statement of Overriding Considerations -3- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -32 vehicles per day. By the year 2035 estimated traffic volumes along this segment are forecast at 30,000 to 31,900 vehicles per day. Both the existing andfuture daily traffic volumes exceed the acceptable level of service for a four -lane undivided roadway. Warner Avenue would be widened to six -lanes to comply with the major arterial designation and would accommodate 45, 000 to 60, 000 vehicles per day for current and future traffic. 4. Increase vehicular safety and reduce accidents by removing left turn hazards. The project would have a raised median as a traffic calming feature controlling vehicle left turns and cross traffic for improved safety. The reduction of driveway accesses along Warner Avenue would potentially reduce accidents caused by backing up across the sidewalk and into oncoming traffic and vehicle collisions between through movement and vehicles accessing from private properties. 5. Comply with the Complete Streets Act by providing safe and accessible travel for bicyclist, pedestrians, wheelchairs, transit riders and motorists through additional bike and vehicle lanes, wider parkway and sidewalks and improved bus locations. The City is in the process of updating the General Plan Circulation Element and will comply with the complete streets principles (planning for all modes) as required by the Complete Streets Act. Warner Avenue project would be consistent with the circulation element and therefore would comply with the policies outlined in the Complete Streets Act (AB 1358, Chapter 657, Statutes of 2008). The project would have: • sidewalks with ADA- compliant horizontal clearance and curb ramps • bike lanes for clearly - designated separate area for bicyclists to improve safety by removing conflicts caused by sharing space with pedestrians on the sidewalk and vehicles in travel lanesparkway with trees and landscaping for shade and separation of pedestrians and people in wheelchairs from moving vehicles and bicycles • relocated Pack Electric Bike Path (Maple Street Bike Trail) from crossing Warner Avenue in the vicinity of Rousselle Street to crossing at the Maple Street traffic light for safer street location • additional vehicle lane in each direction to provide less congested movement of motorists and commercial goods. • improved bus locations for transit riders • improved lighting for vehicle and pedestrian safety Therefore, in compliance with the Complete Streets Act, this project would accommodate bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users ofpublic transportation, and seniors. 6. Improve stormwater drainage and water quality. CEQA Statement of Overriding Considerations -4- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -33 All of the street segments have undersized storm drains, except Grand Avenue to the railroad tracks. The project- related drainage system improvements significantly reduce flooding by increasing the capacity of underground storm drains. The project would include construction of Water Quality Management Plan Best Management Practices for site design, structural source control, and treatment control which would increase the quality of the stormwater and runoff that flows into the drainage system. IV. Conclusion The City of Santa Ana has balanced the project's benefits against the project's significant unavoidable impacts. For the abovementioned reasons, implementation of the Warner Avenue Improvements and Widening from Main Street to Grand Avenue project would have environmental, economic, and social benefits that outweigh the unavoidable adverse environmental impacts of the physical development, and those impacts, therefore, are considered acceptable in light of the project's benefits. The City finds that each of the benefits described above is an overriding consideration, independent of the other benefits, that warrants approval of the project notwithstanding the project's significant unavoidable impacts. CEQA Statement of Overriding Considerations -5- Warner Avenue Improvements & Widening from Main Street to Grand Avenue Aug 2015 75B -34 Exhibit "B" Resolution No. 2015 -xxx Page 6 of 6 75B -35 20 Civic Center Plaza, M -36 Santa Ana, CA 92702 714.647.5632 MITIGATION MONITORING AND REPORTING PROGRAM FOR: WARNER AVENUE IMPROVEMENTS AND WIDENING FROM MAIN STREET TO GRAND AVENUE SCH NO. 2012101004 3 MacArthur Place, Suite 1100 Contact: Santa Ana, CA 92707 JoAnn Hadfield Tel: 714.966.9220 •Fax: 714.966.9221 Principal, Environmental E -mail: information @pianningcenter.com Services Website: www.planningcenter.com CGI N- 01.0EISNT -08.3E AUGUST2015 75B -36 C prepared for: CITY OF SANTA ANA Contact., Kenny Nguyen, PE Senior Civil Engineer prepared by: PLACEWORKS 3 MacArthur Place, Suite 1100 Contact: Santa Ana, CA 92707 JoAnn Hadfield Tel: 714.966.9220 •Fax: 714.966.9221 Principal, Environmental E -mail: information @pianningcenter.com Services Website: www.planningcenter.com CGI N- 01.0EISNT -08.3E AUGUST2015 75B -36 75B -37 Table of Contents Section Page 1. INTRODUCTION ............................................................................................... ............................... 1 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM ....................... 1 1.2 PROJECT LOCATION, SETTING AND SURROUNDING LAND USES ............................... 1 1.3 PROJECT DESCRIPTION ..................................................................... ..............................2 1.4 ENVIRONMENTAL IMPACTS ............................................................... ............................... 2 2, MITIGATION MONITORING AND REPORTING REQUIREMENTS .................... ..............................3 2.1 CATEGORIZED MITIGATION MEASURES ........................................... ..............................3 2.2 IN -FIELD MONITORING ........................................................................ ..............................3 2.3 REPORT SUBMITTALS ......................................................................... ..............................3 Table Page Table 2 -1 Mitigation Monitoring and Reporting Requirements ..................................... ..............................5 Warner Avenue Widening Improvements and Widening from Main Street to Grand Avenue Mitigation Monitoring and Reporting Program City of Santa Ana • Page i 75B -38 75B -39 1. Introduction 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program (MMRP) provides the mitigation measures outlined in the Warner Avenue Improvements and Widening from Main Street to Grand Avenue Environmental Impact Report (EIR), State Clearinghouse No. 2012101004. This MMRP fully complies with Section 21081.6 of the Public Resources Code that states: (a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. f% (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. 1.2 PROJECT LOCATION, SETTING AND SURROUNDING LAND USES The project site is a one mile section of Warner Avenue between Main Street and Grand Avenue in the southwestern portion of the City of Santa Ana in central Orange County. The site consists of Warner Avenue between Main Street on the west and Grand Avenue on the east, along with all or portions of parcels along the north and south sides of Warner Avenue. Warner Avenue within the project limits is a four -lane road with variable curb -to -curb and right -of -way (ROW) widths. It has a median (striped not raised) in some segments and no median in other segments; therefore, this four -lane section of Warner Avenue is designed to accommodate up to 20,000 vehicles per day (LOS C). Currently there is 23,000 to 28,000 vehicles per day. Some segments of Warner Avenue within the project limits include a striped center turn lane while others do not. In some areas the sidewalk is directly adjacent to the street while parkways separate the sidewalk from the curb in other locations. Sidewalk widths vary from four to ten feet depending on the location; however some sections restrict pedestrian space to less than three feet wide between power poles and landscape shrubs or walls. Bike lanes are not provided along Warner Avenue within the project limits. Pacific Electric Bike Path (Maple Street Bike Trail) crosses Warner Avenue in the vicinity of Rousselle Street. The Union Pacific Rail Road (UPRR) rail corridor crosses Warner Avenue between Standard Avenue and Grand Avenue. Orange County Transportation Authority (OCTA) provides public transit services to the City as well as within the project area. Currently, OCTA has three bus routes servicing the project area (Bus Route 53 servicing Anaheim through Irvine via Main Street, Bus Route 585 servicing Santa Ana through Newport Beach via Standard Avenue, Bus Route 72 servicing Sunset Beach through Tustin via Warner Avenue, and Bus Route 463 servicing Santa Ana via Grand Avenue). Land uses along Warner Avenue within the project limits include a mixture of commercial, residential, and industrial uses. Warner Avenue Improvements and Widening from Main Street to Grand Avenue Mitigation Monitoring and Reporting Program City of Santa Ana • Page I 75B -40 1. Introduction 1.3 PROJECT DESCRIPTION The project would improve and widen Warner Avenue from Main Street to Grand Avenue, from the existing variable ROW to a consistent 110 -foot ROW. Warner Avenue would have six traffic lanes, raised landscaped median, bike lanes, parkways, and sidewalks. The project would also include replacement of existing storm drains with larger storm drains, and the undergrounding of existing utilities along the project segment. The project requires City acquisition of 35 full parcels and a portion of 27 parcels (based on assessor parcel number). Note that multiple APN's comprise some single properties and that one property may have multiple businesses or addresses. Based on Draft Relocation Impact Statement (property ownership records) the total acquisition would be 34 full and 22 partial properties.. 4A fit. 101Jh7IWk if, TWIi IJsCr*J�y 1.4.1 Impacts Considered Less Than Significant The following environmental topics were determined to have less than significant impacts. Impacts to topics marked with an asterisk ( *) were analyzed in the Initial Study; the remainder were analyzed in the EIR. • Aesthetics* • Agriculture and Forestry Resources* • Biological Resources* • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources* • Population and Housing • Public Services* • Recreation* • Utilities and Service Systems 1.4.2 Potentially Significant Adverse Impacts That Can Be Mitigated, Avoided, or Substantially Lessened Air quality and cultural resources were determined to have less than significant impacts after implementation of required mitigation measures. 1.4.3 Unavoidable Significant Adverse Impacts The following topics would remain significant and unavoidable even after implementation of required mitigation: • Noise (during construction) • Transportation and Traffic (during construction) Page 2 • PlaceWorks 75B -41 August 2015 2, Mitigation Monitoring and Reporting Requirements 2.9 CATEGORIZED MITIGATION MEASURES Project- specific mitigation measures have been categorized in matrix format, as shown in Table 2 -1. The matrix identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor. The mitigation matrix will serve as the basis for scheduling the implementation of and compliance with all mitigation measures. 2.2 IN -FIELD MONITORING Project monitors and technical subconsultants shall exercise caution and professional practices at all times when monitoring implementation of mitigation measures. Protective wear (e.g., hard hat, glasses) shall be worn at all times in construction areas. 2.3 REPORT SUBMITTALS All mitigation measures that require submittal of a report or study to City of Santa Ana staff shall be reviewed and accepted as complete and accurate by the Public Works Agency Executive Director or designee. 0 Warner Avenue Improvements and Widening from Main Street to Grand Avenue Mitigation Monitoring and Reporting Program City of Santa Ana • Page 3 75B -42 2. Mitigation Monitoring and Reporting Requirements This page intentionally left blank. 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