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HomeMy WebLinkAbout FULL PACKET_2018-09-18MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 4, 2018 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:11 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:13 P.M.) MICHELE MARTINEZ, Mayor Pro Tem (5:18 P.M.) P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO (5:40 P.M.) JUAN VILLEGAS COUNCILMEMBERS Absent: STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council Quorum was established thru presence of Councilmembers Benavides, Sarmiento, Solorio and Villegas. MOTION: Elect Councilmember Sarmiento as Chair (pursuant to SAMC 2- 101 due to unavailability of Mayor and Mayor Pro Tem). MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Villegas Benavides, Sarmiento, Solodo, Villegas (4) None (0) None (0) Martinez Pulido, Tinajero (3) CITY COUNCIL MINUTES 1 SEPTEMBER 4, 2018 10A-1 PUBLIC COMMENTS — NONE RECESSED AT 5:15 P.M. AND CONVENED IN ROOM 147 FOR CLOSED SESSION DISCUSSION. CITY COUNCIL CONVENED IN THE COUNCIL CHAMBER TO TAKE FOLLOWING ACTION AT 5:18 P.M. AND RETURNED TO ROOM 147 FOR CONTINUED DISCUSSION. AGENDA ITEM ADDED Pursuant to Government Code Section 54954.2 (b), there was a need to take immediate action on an item and the need for action came to the attention of the local agency subsequent to the posting of the agenda; City Attorney Carvalho requested that the following item be added to the Agenda: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: c. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18 -0155 - DOC (KESx); MOTION. It was moved by Councilmember Benavides, seconded by Mayor Pro Tem Martinez, to add emergency item to Closed Session Agenda. Motion carried 6-0 (Tinajero absent). CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: a. Rita Marie Gomez, et al. v. City of Santa Ana, Orange County Case No. 30-2017-00898044-C U-PO-CJC b. Theresa Le v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2018-00988425-CU-CR-CJC CITY COUNCIL MINUTES 2 SEPTEMBER 4, 2018 10A-2 2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One Case. 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Peter Brown, Liebert Cassidy and Steven V. Pham, Executive Director of Human Resources Employee Organizations: Santa Ana Police Officers Association (POA) CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:15 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 3 SEPTEMBER 4, 2018 10A-3 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:27 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO (6:44 P.M.) JUAN VILLEGAS PLEDGE OF ALLEGIANCE INVOCATION CEREMONIAL PRESENTATIONS COUNCILMEMBERS Absent: NONE STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO JERRY HILL, POLICE CHAPLAIN PROCLAMATION presented by MAYOR PRO TEM MARTINEZ naming September 4, 2018 as Kathi Bowman Day. CLOSED SESSION REPORT — City Attorney Carvalho reported actions as noted on Agenda Item 19A. PUBLIC COMMENTS — None CITY COUNCIL MINUTES 4 SEPTEMBER 4, 2018 10A-4 CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar items 10A through 29A, with the following modification: • Councilmember Benavides pulled Agenda Item 20A for separate discussion. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE SPECIAL CLOSED SESSION MEETING OF AUGUST 16, 2018 {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office MOTION: Approve Minutes. 10B. MINUTES FROM THE REGULAR MEETING OF AUGUST 21, 2018 {STRATEGIC PLAN NO. 5, 1} — 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. ADOPT AN ORDINANCE IMPLEMENTING EXPEDITED STREAMLINED ELECTRIC VEHICLE CHARGING STATIONS PERMITTING PROCESS {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office CITY COUNCIL MINUTES 5 SEPTEMBER 4, 2018 10A-5 Placed on first reading at the August 21, 2018 City Council meeting and approved by a vote of 5-0 (Sarmiento and Tinajero absent). Published in the Orange County Reporter on August 24, 2018. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2953 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING A NEW ARTICLE XVII TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS BOARDS / COMMISSIONS / COMMITTEES 13A. COUNCIL COMMITTEES—AGENDA AND MINUTES {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office MOTION Receive and file. NAME MEETING DATE Economic Development Infrastructure, Budget 5/14/2018 and Technology Committee 6/14/2018 MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approved settlement agreements and provided staff direction as follows: CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: (a) Rita Marie Gomez, et al. v. City of Santa Ana, Orange County Case No. 30-2017-00898044-CU-PO-CJC; Settlement in the amount of $75,000 approved by a vote of 6-0 (Tinajero absent). (b) Theresa Le v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2018-00988425-CU-CR-CJC; Settlement Agreement in the amount of $265,000 approved by a vote of 6-0 (Tinajero absent). CITY COUNCIL MINUTES 10A-6 SEPTEMBER 4, 2018 (c) Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18- 0155 -DOC (KESx); Council provided staff direction and,approved by a vote of 7-0. 2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One Case. Authorized City Attorney to seek a writ in opposition to a sales tax measure argument that was submitted by Steve Rocco by a vote of 6-0 (Tinajero absent). City Attorney stated for the record that the Argument was submitted to the Clerk of the Council, as the elections official; she carried out her minstrel duty in accepting the Argument. City Council has directed staff to proceed with a writ to remove inaccurate, irrelevant or offensive language from said Argument. 19B. EXCUSED ABSENCES — NONE 19C. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR AUGUST 2018 {STRATEGIC PLAN NO. 5, 1} — Public Works Agency The CIP Executive Summary Schedule is available on the City's website at hftp://www.santa- ana.orq/pwa/documents/ExecutiveMonthlyCl PAugust2018.pdf MOTION. Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A� ___APPROVE- AN AGREEMENT ACCEPTING OFFICE OF TRAFFIC SAFETY STEP PROGRAM GRANT FUNDS AND APPROPRIATION ADJUSTMENT_{STRATEGIC PLAN 1\10j, 3B}__Police Department Councilmember Benavides, supports item; requested statistical background of the number of individuals that have been removed from the streets who CITY COUNCIL MINUTES 10A-7 SEPTEMBER 4, 2018 have been under the influence along with additional data that would demonstrate that this in fact is an effective program and overall benefits of the program. "Councilmember Tinajero arrived at 6:44 pm. MOTION: 1. Authorize the City Manager and Clerk of the Council to execute a one-year agreement with the State Office of Traffic Safety for Selective Traffic Enforcement Program (STEP) Grant funds, for the period of October 1, 2018 through September 30, 2019, in an amount not to exceed $457,000, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-204). 2. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT - Recognizing State of California, Office of Traffic Safety, Selective Traffic Enforcement Program (STEP) Grant funds in the amount of $457,000 in the Office of Traffic Safety revenue account and appropriate same to expenditure accounts. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: AGREEMENTS SECOND: Sarmiento Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 25A. APPROVE A CONCESSION AGREEMENT WITH MATCH POINT TENNIS ACADEMY, LLC. FOR THE MANAGEMENT, OPERATION AND MAINTENANCE OF CABRILLO TENNIS CENTER {STRATEGIC PLAN NO. 2, 2B} — Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a one year concession agreement with Match Point Tennis Academy, LLC. for the management, operation, and maintenance of CITY COUNCIL MINUTES 8 SEPTEMBER 4, 2018 1OA-8 the Cabrillo Tennis Center in exchange for a fee payable to the City in the amount of $4,000 per month from September 5, 2018 through September 4, 2019, subject to non -substantive changes approved by the City Manager and City Attorney. (AGMT. No. 2018-205). 25B. APPROVE AGREEMENT WITH ENERGY RETROFIT CO. TO INSTALL ENERGY-EFFICIENT LIGHTING FIXTURES AND CONTROLS IN THE POLICE ADMINISTRATION BUILDING AND EXECUTE AGREEMENT FOR ON -BILL FINANCING LOAN (RFP NO. 18-069) {STRATEGIC PLAN NO. 4, 3D; 6, 2A} — Finance and Management Services Agency; Public Works Agency and Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with MarketingPower, Inc. (dba Energy Retrofit Co.), for the term beginning September 4, 2018, through December 28, 2018, to provide and install advanced energy-efficient lighting fixtures and controls at the Police Department Administration Building, in an amount not to exceed $656,847 inclusive of a 4% contingency in the amount of $24,519, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018- 206). 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Southern California Edison to provide a $526,499 no -interest On -Bill Financing Loan and $115,348 in incentives to fund RFP No. 18-069, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018- 207). 25C. APPROVE AGREEMENT WITH ENERGY RETROFIT CO. TO INSTALL ENERGY-EFFICIENT LIGHTING FIXTURES AND CONTROLS AT THE CORPORATE YARD FACILITIES AND EXECUTE AGREEMENT FOR ON -BILL FINANCING LOAN (RFP NO. 18-071) {STRATEGIC PLAN NOS. 4, 3D; 6, 2A} — Finance and Management Services Agency; and Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with MarketingPower, Inc. (dba Energy Retrofit Co.), for the term beginning September 4, 2018, through December 28, 2018, to provide and install advanced energy-efficient lighting fixtures and controls at the Corporate Yard Facilities administration and CITY COUNCIL MINUTES 10A-9 SEPTEMBER 4, 2018 maintenance buildings, in an amount not to exceed $446,969, inclusive of a 10% contingency in the amount of $40,634, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-208). 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Southern California Edison to provide a $407,795 no -interest On -Bill Financing Loan and $69,869 in incentives to fund RFP No. 18-071, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018- 209). 25D. APPROVE AGREEMENTS WITH ADMINSURE, INC., FOR THIRD PARTY ADMINISTRATOR SERVICES FOR GENERAL LIABILITY AND WORKERS' COMPENSATION CLAIMS {STRATEGIC PLAN NO. 7; 61 — Human Resources Department MOTION: Authorize the City Manager and Clerk of the Council to execute agreements with AdminSure, Inc., subject to non -substantive changes approved by the City Manager and City Attorney, to provide the City's self-insured third party claims administration and management for General Liability and Workers' Compensation for the initial three-year term of September 5, 2018 through August 31, 2021 with two, two year options for renewal. Annual total amounts not to exceed, as follow: FEES WORKERS' GENERAL LIABILITY COMBINED COMPENSATION MONTHLY ANNUAL MONTHLY AGMT. No. 2018- TOTAL AGMT. No. 2018-210 211 YEAR 1* $42,125 $14,600 $567,250 (10 MONTHS) YEAR $43,389 $15,038 $701,121 YEAR 3 $44,690 $15,489 $722,155 OPTIONAL $46,031 $15,954 $743,819 YEAR 4 OPTIONAL $47,412 $16,432 $766,134 YEAR 5 OPTIONAL $48,834 $16,925 $789,108 YEAR 6 OPTIONAL $50,300 $17,433 $812,796 YEAR 7 CITY COUNCIL MINUTES 10 SEPTEMBER 4, 2018 10A-10 25E. APPROVE A LEASE AGREEMENT WITH RIO WEST LLC FOR WESTEND SUBSTATION OFFICE {STRATEGIC PLAN NO.1, 1F}—Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute a month-to-month lease agreement with Rio West, LLC for the use of the Westend Substation, for the period of November 1, 2018 through October 31, 2019, in the annual amount of $31,464 ($2,622 per month), and authorize the City Manager and Clerk of the Council to execute two -one year lease agreements, following expiration of this lease, provided the annual lease increase does not exceed five percent, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-212). 25F. AWARD AGREEMENTS TO PROJECT PARTNERS, INC., INTERWEST CONSULTING GROUP, AND PENCO ENGINEERING, INC. FOR ON- CALL ENGINEERING AND TECHNICAL SUPPORT SERVICES {STRATEGIC PLAN NO. 6, 1 C} — Public Works Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with Project Partners, Inc., to provide engineering, technical, and administrative support services, for a three-year period commencing September 4, 2018, and expiring September 3, 2021, with provision for one, two-year renewal option exercisable by the City Manager and City Attorney, in a shared aggregate amount not to exceed $500,000, including any renewal, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-213). 2. Authorize the City Manager and the Clerk of the Council to execute an agreement with Interwest Consulting Group, to provide engineering, technical, and administrative support services, for a three-year period commencing September 4, 2018, and expiring September 3, 2021, with provision for one, two-year renewal option exercisable by the City Manager and City Attorney, in a shared aggregate amount not to exceed $500,000, including any renewal, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-214). 3. Authorize the City Manager and the Clerk of the Council to execute an agreement with Penco Engineering, Inc., to provide engineering, technical, and administrative support services, for a three-year period commencing September 4, 2018, and expiring September 3, CITY COUNCIL MINUTES 11 SEPTEMBER 4, 2018 10A-11 2021, with provisions for one, two-year renewal option exercisable by the City Manager and City Attorney, in a shared aggregate amount not to exceed $500,000, including any renewal, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-215). MISCELLANEOUS - BUDGET 29A. APPROVE DONATION AGREEMENT WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS {STRATEGIC PLAN NO. 5, 4) — City Council MOTION. Authorize the City Manager and Clerk of the Council to execute agreements with various organizations in support of their community events and programs, subject to nonsubstantive changes approved by the City Manager and the City Attorney, as follows: a. Child Creativity Lab in support of the Girl Scout STEAM Conference for young women in Santa Ana on December 8, 2018, in a one-time donation amount of $1,000 (Mayor Pro Tem Martinez); b. Santa Ana Unidos Boxing Club in support of the Roses in the Concrete Education and Arts Festival that occurred August 25, 2018, in a one-time donation amount of $500 (Councilmember Sarmiento). 29B. APPROVE INSURANCE RENEWALS WITH BIG INDEPENDENT CITIES EXCESS POOL, PUBLIC ENTITY PROPERTY INSURANCE PROGRAM AND CALIFORNIA STATE ASSOCIATION OF COUNTIES {STRATEGIC PLAN NO. 4,1) } — Human Resources Department MOTION: 1. Approve the City's continued membership in the Big Independent Cities Excess Pool Liability Program from July 1, 2018 to June 30, 2019 at an estimated premium cost not to exceed $3,700,000. 2. Approve the City's continued membership in the Big Independent Cities Excess Pool Workers' Compensation Program from July 1, 2018 to June 30, 2019 at an estimated premium not to exceed $400,000. 3. Approve the City's continued participation in the Public Entity Property Insurance Program from July 1, 2018 to June 30, 2019 at an estimated premium cost not to exceed $690,000. CITY COUNCIL MINUTES 12 SEPTEMBER 4, 2018 10A-12 4. Approve the City's continued participation in the Public Entity Property Insurance Program from July 1, 2018 to June 30, 2019 for the annual administrative cost of $121,175. 5. Approve the City's continued participation in the California State Association of Counties — Excess Insurance Authority's Crime Bond Program from July 1, 2018 to June 30, 2018 at an estimated cost not to exceed $12,000. "END OF CONSENT CALENDAR" REGULAR BUSINESS CALENDAR ORDINANCES / FIRST READING 50A. FIRST READING OF AN ORDINANCE REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE X OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE REGARDING TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY {STRATEGIC PLAN NO. 3,3C) — Public Works Agency and Information Technology Department The following spoke on the matter: • Judy Woolen, on behalf of AT&T, expressed concern over proposed design guidelines and requested opportunity to review guidelines to allow time for review and comments. • Sharon My[, on behalf of Verizon Wireless, thanked City and staff for their work in bringing item forward. Requested City Council to take into consideration correspondence submitted to the City. Council Discussion ensued. Councilmember Solorio, requested staff to provide information regarding outstanding issues, asked for a commitment to work with industry, and to take their suggestions into account. Executive Director of Public Works Fuad Sweiss, provided background review of project and expressed commitment to work with industry to address suggestions. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO NS -2954 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS CITY COUNCIL MINUTES 13 SEPTEMBER 4, 2018 10A-13 REPORTS 65A. ENTIRETY ARTICLE X OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE REGARDING TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY MOTION: Solorio VOTE: AYES: SECOND: Martinez Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) RECEIVE AND FILE THE SANTA ANA JAIL REUSE FEASIBILITY STUDY {STRATEGIC PLAN GOAL NO. 1, 5) — City Manager's Office Councilmember Benavides, requested staff to clarify alternative use of the holding facility and requested staff to pursue further alternative use options. Assistant to the City Manager, Jorge Garcia, provided overview of alternative use options and potential to expand use study. Noted Council direction to look at alternative non -jail use options, previous proposal contracting out facility, and highlighted current alternative use options would require capital investments. Mayor Pro Tem Martinez, requested staff to provide a financial analysis if city entered into a partnership with private sector, and consider use that can be a community benefit. Councilmember Solorio, expressed support to use jail for its intended purpose and for community re-entry services/facilities. Opined re-entry services would be a benefit to the community. Councilmember Sarmiento, opined possibility of having compatibility use between holding facilities and re-entry services and potential to look at outsourcing jail facility. Directed staff to consider private sector use of the facility. MOTION. Receive and file. MOTION: Benavides SECOND: Solorio CITY COUNCIL MINUTES 14 SEPTEMBER 4, 2018 1 OA -14 VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 6513. RECEIVE AND FILE LETTER TO THE COUNTY OF ORANGE REGARDING THE CITY'S SUPPORT OF COUNTY'S LEGAL ACTION AGAINST THE ORANGE COUNTY NEEDLE EXCHANGE PROGRAM {STRATEGIC PLAN NO. 1; 5) — City Manager's Office . Councilmember Solorio, supports item; requested briefing. Noted notification to county is consistent with letters sent by the Police Chief and the City to the State. Homeless Services Manager Kaka Hafsa, provided City Council with brief summary regarding public health issues, health hazards facing the community, and noted City's position to not have needle exchange program in the City. MOTION. Receive and file. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Villegas Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) 65C. APPROVE MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF ORANGE TO TRANSITION THE COURTYARD EMERGENCY HOMELESS SHELTER TO A NEW LOCATION AND EXPAND HOMELESS SHELTER BEDS FOR SANTA ANA {STRATEGIC PLAN NOS. 1,6; 5,4; 5,6) — City Managers Office The following spoke on the matter: CITY COUNCIL MINUTES 15 SEPTEMBER 4, 2018 10A-15 • Bard Bollman, expressed opposition to opening shelter in a commercial area. • Wendy Bollman, urged City Council to look at other locations to establish a homeless shelter. • Janine Stallings, addressed City Council to advocate for homeless. Expressed support for shelter and/or any services city can provide to support homeless. • Susana Sandoval, on behalf of Santa Ana Healthy Neighborhood Alliance, opposes proposed memorandum of understanding. Opined shelter is not appropriate in an industrial area. Inquired as to environmental study and proposed 600 bed model. • Lisa Mills, opined need to ensure agreement has a bed count limit and should provide City the right to determine operational implementation at their discretion. • Chris Schmidt, expressed support for a 200 bed shelter and noted prior 2013 decision to limit shelter bed count. Council discussion ensued. Councilmember Sarmiento, thanked staff for their work in addressing homeless issue. Requested a friendly amendment as a condition to support item. Motion failed due to a lack of a second. Additional speaker commented: • Rob Neal, property owner of proposed shelter site, expressed strong opposition to shelter. Requested removal of property from consideration. Council discussion continued. City Manager Godinez, conveyed property owners have communicated with staff earlier today. Councilmember Benavides, opined proposed agreement is the closest the City and County have come to finding a solution and is the first step in engaging County towards implementing a binding agreement. Councilmember Solorio, does not support recommendation; need to define operational control and standards, include provisions to have County share data, and to have other cities open shelters. Councilmember Villegas, noted proposed facility would allow closure of courtyard; important to find a solution. CITY COUNCIL MINUTES 16 SEPTEMBER 4, 2018 10A-16 Mayor Pro Tem Martinez, opined that County has not addressed homeless situation, City has responsibility to act, and necessity to hold County accountable. Noted inability to enforce anti -camping law if City does not have sufficient beds - need to have shelter in the City. CouncilmemberTinajero, stated importance of engaging community, school district, and community college to ensure Sunshine ordinance compliance. In support of modeling proposal to current Anaheim homeless services being offered. Mayor Pulido, in support of having a strong police presence, to protect all who are negatively impacted by homeless, and to move toward working with County. MOTION., Authorize the City Manager execute the Memorandum of Understanding with the County of Orange subject to non -substantive changes approved by the City Manager and City Attorney (AGMT 2018- 216). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARINGS SECOND: Villegas Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) Sarmiento (1) None (0) None (0) 75A. PUBLIC HEARING: SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2018-15 (SCH NO. 2006031041), GENERAL PLAN AMENDMENT NO. 2018-03, AMENDMENT APPLICATION NO. 2018-06, AND ZONING ORDINANCE AMENDMENT NO. 2018-03 TO EXPAND AND AMEND THE METRO EAST MIXED USE OVERLAY ZONE - CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 5, 3; 5, 4} - Planning and Building Agency Legal Notice published in the Orange County Reporter August 10, 2018 and notices mailed on August 9, 2018. Planning Commission approved recommended action on July 23, 2018 by a vote of 4-0 (Alderete, Contreras -Leo and Verino absent). CITY COUNCIL MINUTES 17 SEPTEMBER 4, 2018 10A-17 Mayor Pulido had opened and Closed the Hearing on August 21, 2018 City Council meeting and continued matter by a vote of 6-0 (Sarmiento absent). Council discussion ensued. Councilmember Benavides, request staff to clarify possibility to bifurcate recommended action and return to council after it's been considered at the council committee level. Executive Director of Planning and Building, Mihn Thai, noted item may be bifurcated, but project should be reviewed as a whole in order to tum item around in a short time frame. Councilmember Sarmiento, noted concern with having the right balance between commercial and residential, ensuing economic impact, and need for additional time to review item. * Councilmember Benavides left dais at 8:04 pm. Councilmember Villegas motioned to continue item two week, seconded by Councilmember Tinajero. Mayor Pro Tem Martinez, unsupportive of item. Opined development is not right for the zone and need to have mixed use properties. MOTION: Continue item for two weeks, to the September 18, 2018 City Council Meeting. MOTION: Villegas SECOND: Tinajero VOTE: AYES: Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) 75B. PUBLIC HEARING: RESOLUTION TO AUTHORIZE NEGOTIATION FOR THE SALE OF PORTIONS OF CITY -OWNED REAL PROPERTY AT 1301 AND 1305 WEST 12TH STREET (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1 G; 3, 2C) - Public Works Agency Legal Notice published in the Orange County Reporter August 10, 2018. CITY COUNCIL MINUTES 18 SEPTEMBER 4, 2018 illim : Continued from the August 21, 2018 City Council meeting by a vote of 6-0 (Sarmiento absent). MOTION: Continue consideration of matter to the September 18, 2018 Council Meeting, at the request of staff. MOTION: Tinajero SECOND: Martinez VOTE: AYES: Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) 75C. PUBLIC HEARING: ESTABLISH HEARING DATES AND HOLD FIRST OF FOUR PUBLIC HEARINGS TO MODIFY THE WARD BOUNDARIES {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office Legal notice published in the Orange County Register on August 24 & 26, 2018; La Opinion on August 28 & 31, 2018; Nguoi Viet on August 27 & 31, 2018; Chinese Daily on August 29 & 31, 2018; and Korea Times on August 28&31,2018. Clerk of the Council introduced item and Paul Mitchell with Redistricting Partners who presented the item. 60 AEAINtRIRtR1R 00 PARTNERS What is the CVRA? The California Voting Rights Act is a state law that prohibits the use of At -Large election systems in local government if there is racially polarized voting. "At Large" Is defined as anything other than a system in which an elected official lives Ina district, and Is only elected by members of that district. "Racially Polarized Voting" Is determined through an analysis which quantifies the amount of voting which can be shown to he correlated to race. CITY COUNCIL MINUTES 19 SEPTEMBER 4, 2018 10A-19 W I N HAYU -.uv s,F. x r.::',,.P A'-.s- _ What is the CVRA? The California Voting Rights Act takes the principles of the Federal Voting Rights Act and expands it regarding districted elections in two key ways: While Federal law uses "majority minority" districts as a standard for vulnerability, the CVM only requires "ability to Influence." The CVM requires that plaintiffs gel full reimbursement for legal fees associated with any successful challenge. r. x��"x. ,ie771777 Traditional Redistricting Principles Should be followed by City of Santa Ana There are a number of criteria that have been used nationally and upheld by courts. • Relatively equal size - people, not citizens • Contiguous—districts should not hop/jump • Maintain 'communities of interest" • Follow city/county/local government lines • Keep districts compact—appearance/function 00 REDISTRICTING 00 PARTNERS Traditional Redistricting Principles Should be followed by Local Agencies There are a number of criteria that have been used nationally and upheld by courts. • Relatively equal size - people, not citizens • Contiguous—districts should not hop/jump • Maintain "communities of interest" • Follow city/county/local government lines • Keep districts compact—appearance/function CITY COUNCIL MINUTES 20 SEPTEMBER 4, 2018 10A-20 00 NEPISTRICTINC 00 PARTNERS Traditional Redistricting Principles Should be followed by Local Agencies The "equal size" for the purposes of redistricting comes from the 2010 Census population. 2010 Population: 324,585 Median District Size: 54,098 • 5% Deviation Largest: 55,450 Smallest: 52,745 6 00 REDISTRICTING mfg PARTNERS Traditional Redistricting Principles Should be followed by Local Agencies Other measures of population can be considered in line redistricting process, but NOT for the actual size of the districts, which has to use 2010 Census Population. • Current ACS Population: 332,935 (2.5% Growth) • ACS Adult Citizens: 140,419 • Current Voter Registration: 98,322 00 REDISTIUCTING OOPARTNERS Traditional Redistricting Principles Should be followed by Local Agencies There are a number of criteria that have been used nationally and upheld by courts. • Relatively equal size - people, not citizens • Contiguous—districts should not hop/jump • Maintain "communities of interest' • Follow city/county/local government lines • Keep districts compact—appearance/function I CITY COUNCIL MINUTES 21 SEPTEMBER 4, 2018 1 OA -21 7M� Traditional Redistricting Principles Should be followed by Local Agencies There area number of criteria that have been used nationally and upheld by courts. • Relatively equal size - people, not citizens • Contiguous—districts should not hop/jump • Maintain "communitiesofinterest" • Follow city/county/local government lines • Keep districts compact—appearance/function 69 REDISTRICTING 00 PARTNERS Communities of Interest Bringing like people together for representation What is a community of Interest includes ethnic and language minorities and other groups. • Communities covered by the Voting Rights Act • Latinos • Asians • African Americans • Religious communities • Other Nationality/Ethnic communities City of Santa Ana Latino and Asian Communities There are densities of Latino and Asian population that will need to be considered in line drawing process. For ethnic populationswe are concerned with the "Citizen Voting Age Population" (CVAP( as calculated bythe US Census in annually through the American Community Survey. Base ethnicity of the district shows 17%Asian and 60% Latino CVAP. However, these populations are not evenly distributed - there are strong concentmtions of each in parts of the district. CITY COUNCIL MINUTES 22 SEPTEMBER 4, 2018 1 OA -22 4513 RERISLRICTINC 00 PARTNERS City of Santa Ana Latino and Asian Communities CITY COUNCIL MINUTES 23 SEPTEMBER 4, 2018 1 OA -23 OO YFDmNICN6 onrumtes Communities of Interest Bringing like people together for representation Other communities, generally known as "communities of interest" can be determined by the councilor the public. Some examples are: People living near an industry (agricultural, aerospace, downtown) Senior Citizen communities Coastal / River access communities Environmental Interests Homeowners or Renters Traditional Redistricting Principles Should be followed by Local Agencies There are a number of criteria that have been used nationally and upheld by courts. • Relatively equal size - people, not citizens • Contiguous— districts should not hop/jump • Maintain "communities of interest" • Follow city/county/local government lines • Keep districts compact—appearance/function 00 RECISTBICTINC Nib FARRIERS Traditional Redistricting Principles Should be followed by Local Agencies There are a number of criteria that have been used nationally and upheld by courts. • Relatively equal size - people, not citizens • Contiguous—districts should not hop/jump • Maintain "communities of interest" • Follow city/county/local government lines • Keep districts compact — appearance/function CITY COUNCIL MINUTES 24 SEPTEMBER 4, 2078 1 OA -24 00 REDISTRICTING 040 PARTNERS City of C"�+" Ar" Current Dis ✓SA REDISTRICTING „ 00 PARTNERS City Of Santa Ana Neighborhoo CITY COUNCIL MINUTES 25 SEPTEMBER 4, 2018 1 OA -25 00 REDISTRICTING 00 PARTNERS City of Santa Ana ScIro01 Districts � O z w' Population CVAP CVAP Latino i CVAPAsian Artesia Pilar 13,260 5,182 4,272 82% 470 9% Bila Vista 3,835 908 715 79% 59 6% Bristol Memory Coalition 2390 1297 705 54% 237 18% BristolAVarner 2,676 1,005 880 88% 35 3% Casa Gonna 1,217 277 186 67% 57 21% Casa De Santiago 7D9 534 173 32% 50 9% Cedar Evergreen Co -Op 1,186 368 365 99% D% Centennial Park 5,023 1,980 1,465 74% 151 8% Central City 6,227 2,715 2,250 83% 179 7% Concord 757 435 189 43% 145 33% Cornerstone Village 5,853 940 770 82% 140 15% Deihl 7,885 3,544 2,633 74% 146 4% Dovntown 2,496 795 444 56% 194 24% Eastside 13,026 3,321 2,963 89% 193 6% Edna Park 1,694 875 415 47% 210 24% al Square 358 275 140 51% 4 1% Fal,haven 2,399 1,225 855 70% 6S 5% Flshor Park 619 396 203 51% 22 6% Floral Park 1,762 970 180 19% 82 By Flovrcr Park L,261 3,080 1,605 52% 235 B% French Court 4,691 799 G20 76% 9 1% 00 REDISTRICTING 00 PARTNERS City of Santa Ana ScIro01 Districts � O z w' L 00 PARTNERS i State Legislative O— 09 REDISTRICTING 00 PARTNERS City of Santa Ana State Legislative O— O i Y�+h S ® ® -- CITY COUNCIL MINUTES 26 1 OA -26 w SEPTEMBER 4, 2018 Ord REDISTRICTING 00 PARTNERS City of Santa Ana Congressional 00 REDISTRICTING 7 7 0 0 PARTNERS City of Santa Ana Precincts 35 CITY COUNCIL MINUTES 27 SEPTEMBER 4, 2018 1 OA -27 00 REDISTRICTING 00 PARTNERS City of Santa Ana Current Lines Current lines 12 3 4 _ i, 6 . Population 53,095 - . ...- ..... 54,480_ -_ .._._ 54,772 -. .__-_ 54,79.1 - - 53,563 _ - 53,881 Deviation (1,003) 382 674 ? 696 (535) 1217) -2% 1% 1%' 1% -IX 0% 18. Citizens (CVAP) 22,613 16,410 30,800 1 _ 24,668. 20,426 . 25,502 43% 30K 56%' 45% 39% 47% Latino CVAP 14,944 13,103 13,853 � 14,606 14,713 12,843 66% 80,16 45[X,_ ST6 Current lines 12 3 4 5 6 . Population 53,095 - . ...- ..... 54,480_ -_ .._._ 54,772 -. .__-_ 54,79.1 - - 53,563 _ - 53,881 Deviation (1,003) 382 674 ? 696 (535) 1217) -2% 1% 1%' 1% -IX 0% 18. Citizens (CVAP) 22,613 16,410 30,800 1 _ 24,668. 20,426 . 25,502 43% 30K 56%' 45% 39% 47% Latino CVAP 14,944 13,103 13,853 � 14,606 14,713 12,843 66% 80,16 45[X,_ ST6 72% 50% _ White CVAP 4,743. 1,947 _ 9,260 _ 5,348 2,548 _ 3,551 21% 12% 30%' 22% 12% 14% African American CVAP 485 148�_ 316 ! 613 428 568 2% 1% 1%' 2% 251. 2% Asian CVAP 2,187 1,003 6,897 ! 3,694 • 2,525 8,068 10% -656, _ 22%;,- 15%_ _ _1256 32% CITY COUNCIL MINUTES 28 SEPTEMBER 4, 2018 1 OA -28 09 REDISTRICTING 00 PARTNERS RM City of Santa Ana Plan A t \ n 4 PLANA i i i A e C D E F • Population____„___ _ - 54,539 54,399 53,751 53,680 54,038 ; 54,176.1 Deviation.__ _ 441 ;_ _ _ 301 _ (347) (418). _ _ _ (601 _ _-_ I8 : 18+Citizens (-C—VA-P-1— -._ 27,031 20,808 27,179 25,585 17,295 22,52 6 j mx: 38% 51% 48% 32% 42% Latino CVAP _ _11,893 _ 15,300 _ 13,168 _ 14,900 _ 14,170 _ 14,636 44% 743% 48% 5896, 8296 65% White CVAP _ 2,915' 2,345 10,335 5,373 1,807 4,622 11% 11% 38% 21% 10% 21%” _ African American CVAP _ 263. 444 394 748 93 616 _ 1%: _ 236' 1% 3% 1% 3%' Asian CVAP 11,494; 2,525 2,776 _4,267' 995' 2,317.; 43% 12% 10-,6 17% 6%: lox 15b REDISTRICTING 04) PARTNERS City of Santa Ana o Plan B m CITY COUNCIL MINUTES 29 SEPTEMBER 4, 2018 1 OA -29 PLANE A B C D E F Population _ 53,861 _ 54,497 K367'_ 51,79 _ _ 5,269 53,792 Deviation - (234)'-, 399 _ 269 (304), 171 (306) 0%; _ 1% Oli: •1% Oli •1% 18, Cituens (CVAP) 27,760 ( 26,316 26,164 22,589: 22.235 15,360 52%' 48%: 48% 42% • 41% 29%x; Latino CVAP 11.212 15,234 17,834 ; 15,467 11,933 12,407 _ 40% 58% 68% 68I.G' 51% 81%, White CVAP _ 3,216 • 5,529 5.061 4,200 7,637 1,748 12% _ 21ffi 19% 19X 34% 11% African Ameikan CVAP 269 , 7S1 508 393 445 182 2%i 3% 25; 2.%' 2% 1X� Asian CVAP 12,482 4,486 2,407 2,163 1,938 898 , 4596 17% 9);' 10% 9% 69 .h9 REOISTRICTIRG 00 PARTNERS City of Santa Ana Plan C o 0 PLAN C A B C D E F Population 53,852 53,158 55,083 54,848 53,494 54,148 Deviation (246) (940) 985: 7S0 (604) 50 0% -29S, 2% 196• -156 0% 18, Citizens (CVAP) 29,015 23,568 20,253 22,779; 27,823 16,981 541% 44% 37%! 425% 52% 31% Latino CVAP 13,277 15,473 34,617 16,220 13,426 13,029 _ 39% 66% 72%' 71% 4X 77% W hiteVAP C 4,012 4,101 2,507 4,163' _8_ _ 10,533 _ _ 2,077 14% 17% 12% 38% 11%_ African American CVAP _ 283, 712, -3%' _ _ 487 _ _18%_ 330 _ _ _423 _ 313 195 2X 1%' 2% 2% Asian CVAP 12,846' 3,057; _ 2,450 1,706' 2,905 1,410, 44%; 13% 12%; 7%, 10% 8% CITY COUNCIL MINUTES 30 SEPTEMBER 4, 2018 1 OA -30 00 REDISTRICTING � — -- �- 04P PARTNERS City of Santa Ana Plan D -1 L,x 1L'm- jl a w. 7-1—.B n —;Z; .. PLAN A B (- D E F Population _ 53,515 52,395 _ ..C. .... 52,744 _ 56,104 51,4251 55,402 Deviation (583)_ (1,703), (1,354). 2,1106 327; 1,304 _ -_ -1%: - -395 - -3%; 496 1%. 2%' I8t Ci82enS(CVAP) 26,472 22,302 .14,018• 28.Ft8 25,658 23,321 497E_ 43%_ 27% 51% 47% 42% Latino NAP _ 10,813) _ 14,772 1Q901 15,789 _ 16.595 15,187 41%1 66%, 78%: 55% 65%; 65% _ White CVAP 3,058 - 4,651 _ 1,799 _ 91696 _ 5,332: , 2,861 12%' 2195 13%: 34%' 21%; 125%' . African American CVAP 193 459 _ ... 193 - 444 429 % 840 11%, m. 1%..- 2% 2% 4%' Asian CVAP 11,776: 2,182 964 , 2,354 2,964: .._ 4,134 44% 101;6: 7%' 8%. 12% 18%. Mayor Pulido, Councilmember Villegas and Councilmember Sarmiento left dais at 7:54 pm. Councilmember Benavides returned to dais at 7:54 pm. Councilmember Sarmiento returned to dais at 7:58 pm. Mayor Pulido returned to dais at 7:59 pm. Mayor Pulido opened the Hearing. The following spoke on the matter: • Elizabeth Martinez (Spanish translator requested.), addressed City Council to recommend new election maps by district should be just and inclusive towards all. CITY COUNCIL MINUTES 31 SEPTEMBER 4, 2018 1 OA -31 *Councilmember Benavides returned to dais at 8:13 pm. Council discussion ensued. Councilmember Benavides, inquired as to proposed map boundary line, neighborhood associations that straddle between two districts, ability to balance population by district, and level of community feedback. Presenter Paul Mitchel, noted council districts that straddle neighborhoods are inevitable when attempting to meet equal population criteria and goal to have final plan to have a total variance of no more than five percent. Clerk of the Council Huizar, conveyed community feedback important; there is a commitment to keep neighborhood associations intact as much as possible. *Mayor Pro Tem Martinez left dais at 8:16 pm. MOTION: Establish the following Public Hearing dates of September 4, September 18, October 16, and October 30, 2018; and the adoption of new boundaries at the Regularly scheduled City Council Meeting on November 20, 2018. 2. Open and Close the first Public Hearing that will explain the re - boundary process, review the criteria used to modify Ward boundaries, and allow residents to submit their ideas for potential "communities of interest" to consider in the new boundaries. MOTION: Solorio VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Villegas Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) None (0) None (0) Martinez (1) Councilmember Sarmiento left dais at 8:15 pm. 75D. PUBLIC HEARING: ISSUANCE OF TAX EXEMPT BONDS (TEFRA) FOR THE BENEFIT OF THE CHRISTIAN AND MISSIONARY ALLIANCE LOCATED AT 555 EAST MEMORY LANE; AND ADOPT A RESOLUTION CITY COUNCIL MINUTES 32 SEPTEMBER 4, 2018 1 OA -32 APPROVING THE ISSUANCE OF BONDS {STRATEGIC PLAN NO. 5, 3) - Community Development Agency Legal Notice published in the Orange County Register on August 20, 2018. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. APPLICANT REQUESTS AND ACTIONS TAKEN. Conduct a Tax Equity and Financial Responsibility Act (TEFRA) Hearing in consideration of the issuance of tax exempt bond financing by the California Municipal Finance Authority (the "Authority") on behalf of Town and Country Manor of the Christian and Missionary Alliance (the "Borrower"), for the benefit of Town and Country Manor (the "Project") for the acquisition, construction, improvement and equipping of certain retirement, nursing, assisted living and parking facilities of the continuing care retirement community owned and operated by the Borrower, located at 555 East Memory Lane, Santa Ana, California 92706. 2. Adopt a resolution. RESOLUTION NO. 2018-065 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE PURPOSE OF FINANCING AND REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF CERTAIN FACILITIES OF A CONTINUING CARE RETIREMENT COMMUNITY OWNED AND OPERATED BY TOWN AND COUNTRY MANOR OF THE CHRISTIAN AND MISSIONARY ALLIANCE LOCATED AT 555 EAST MEMORY LANE, SANTA ANA, AND CERTAIN OTHER MATTERS PERTAINING THERETO MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Villegas Benavides, Pulido, Solorio, Tinajero, Villegas (5) None (0) None (0) Martinez, Sarmiento (2) CITY COUNCIL MINUTES 33 SEPTEMBER 4, 2018 1 OA -33 JOINT SESSION OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY 80A. ADOPT RESOLUTION APPROVING AN AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JANUARY 1, 2019 THROUGH JUNE 30, 2019 AND APPROVE APPROPRIATION ADJUSTMENT (NON -GENERAL FUND) {STRATEGIC PLAN NO. 4, 1) — Community Development Agency *Mayor Pro Tem Martinez, returned to dais at 8:25 p.m. MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2019-018 - Recognizing $250,000 in the Housing Successor Agency Fund prior year carry forward account and appropriating same to the expenditure account. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Villegas Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) RECESSED CITY COUNCIL MEETING AND CONVENED THE HOUSING AUTHORITY MEETING AT 8:21 P.M., FOLLOWED BY THE SUCCESSOR AGENCY MEETING AT 8:22 P.M. AND RECONVENED TO THE COUNCIL MEETING WITH SAME MEMBERS PRESENT AT 8:23 P.M. CITY COUNCIL MINUTES 34 SEPTEMBER 4, 2018 1 OA -34 WORK STUDY SESSION WS. WORKER COOPERATIVE (SMALL BUSINESS ORDINANCE) — Community Development Agency Background Worker Cooperative Resolution Approved by City Council in August 2017. r Staff has Continued to Work with Stakeholder Groups Interested in Supporting Worker Cooperatives in the City: Santa Ana Building Healthy Communities, Delhi Center, Clelo EDBIT received an Update on Future Support for Worker Cooperatives in November 2017. Proposed Types of Small Business Support Policy to Support Worker Cooperatives and Conversion. Policy to Support Formation of Business Improvement Districts. Ordinance Identifying Business License Fee Reduction/ Exemptions, Streamlining Permits for Small Businesses: Worker Coops, Pop -ups, Gig Economy CITY COUNCIL MINUTES 35 SEPTEMBER 4, 2018 1 OA -35 Proposed Policy to Support Worker Cooperatives Develop Worker Cooperative Support Program within Economic Development Division Designate City liaison and broaden specialization of staff to include worker cooperative expertise. Coordinate efforts and develop partnerships among cooperative ecosystem (coops, technical assistance providers, financial institutions). Support Workers Cooperatives • Create strategy for connecting coops with markets and support organizations. Promote knowledge and awareness of cooperatives as local economic development strategy. • Develop City webpage identifying resources for cooperative start-ups and conversion. • Promote cooperative job opportunities at the City's WORK Center. Support Worker Cooperatives . Support and Promote the Conversion of Businesses into Worker Cooperatives Provide information on the option of conversion to Worker Cooperative for retiring business owners (City website). jointly Host Workshops on Conversion. CITY COUNCIL MINUTES 36 SEPTEMBER 4, 2018 1 OA -36 Support Formation of Business Improvement Districts (BID) ► City facilitate process of forming BID by providing resources and information. ►Targeted areas include: S. Main, 17th Street, Bristol, Harbor Blvd. Future Items to Consider for an Ordinance ■ Business License reduction ■ Permit Streamlining Ordinance vs Policy ►An Ordinance is Law. ►An Ordinance is Rigid and Difficult to change. ►A Policy is Flexible and can Easily be Amended to Accommodate New Ideas and Changes. CITY COUNCIL MINUTES 37 SEPTEMBER 4, 2018 1 OA -37 Recommendation ►Adopt Worker Cooperative Policy within Economic Development. ►Support Formation of Business Improvement Districts within Economic Development. Council discussion ensued. Mayor Pro Tem Martinez, request staff to identify next step. Expressed support for policy under the condition item is presented to City Council on an annual basis for review. Director Mendoza, recommended Council provide direction to staff to bring forth policy instead of ordinance. Councilmember Solorio, requested initiative take into consideration gig economy. COMMENTS PUBLIC COMMENTS (Non Agendized Items) • Peter Katz, expressed opposition to sales tax measure. Opined tax would be the highest in Orange County. • John Sharpe, extended invitation to Council to attend L.A. Peace Summit. Noted organization goal to implement peace curriculum in school system. • Chris Schmidt, noted permit parking approval process is inadequate. Opined City Council has failed to meet the needs of the residents. • Dale Helvig, opposed to 2525 Main Street development. Opined report is filled with erroneous information. • Christine Denny, expressed opposition to 2525 Main Street development. • Mike Tardif, expressed concern with Argument Against the proposed Sales Tax measure that appears to be racist. *Councilmember Tinajero left dais 8:33 pm. and returned at 8:41 p.m. CITY COUNCIL MINUTES 38 SEPTEMBER 4, 2018 1 OA -38 90A. CITY MANAGER'S COMMENTS City Manager Godinez, reported the following: • Water Conservation Outreach Effort spearheaded by the Public Works Agency, Water Division • Fill from the Tap Video highlighting Santa Ana's quality drinking water 90B. CITY COUNCILMEMBER COMMENTS Mayor Pro Tem Martinez: • Provided City Council with report on Economic Development, Infrastructure, Budget, and Technology Committee meeting and utility audit review. • Noted upcoming 2028 Olympics and opportunity to host skateboarding event. Opined need to embed community benefit into General Plan update. Councilmember Solorio: • Provided update to community regarding 17th Street water replacement program, Harbor prostitution enforcement, and gang unit performance results. Councilmember Tinajero: Noted school sports programs have started and encouraged community to use park facilities. Councilmember Benavides: Reminded community of upcoming ward re -boundary meetings, O.C. Street car community meeting, and upcoming Fiestas Patrias event. ADJOURNED- 9:05 P.M. - The next meeting of the City Council is scheduled for Tuesday, September 18, 2018 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS Policy on Use of General Reserve and Enterprise Funds CITY COUNCIL MINUTES 39 SEPTEMBER 4, 2018 1 OA -39 1 OA -40 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: ORDINANCE SECOND READING: TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY {STRATEGIC PLAN NO. 5,1} TY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On September 4, 2018, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 7-0: ORDINANCE NO NS -2954 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE X OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE REGARDING TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY In summary, City staff and consultants worked with telecommunications providers to update the City's wireless facilities ordinance which establishes the methods by which the City reviews, processes, and controls wireless communication facilities in the public right-of-way. The new ordinance conforms to state and federal law, will streamline the permitting process for antennas, and provides for standards and guidelines to be administered by the Executive Director of Public Works. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 11 A-1 Second Reading Ordinance: Telecommunications Facilities in Public Right -of -Way September 18, 2018 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. tPIALa- Maria D. Huizar Clerk of the Council Exhibit: 1. Ordinance No. NS -2954 11 A-2 jrrf 8/29/2018 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE X OF CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE REGARDING TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows. A. In 2011, the City of Santa Ana adopted Ordinance No. NS -2816 for the purpose of adding Article X to Chapter 33 of the Santa Ana Municipal Code to establish standards for the design, placement, permitting, and monitoring of telecommunications facilities in the public right-of-way. B. Article X of Chapter 33 was enacted at a time where the most traditional form of wireless installation was a "macro cell," the large communications towers that are commonly seen in the urban landscape. In the years following, a variety of new technologies have emerged that can use smaller facilities and cover smaller areas than traditional macro cells. These are commonly referred to as "small cells." C. Wireless providers increasingly use small cells to supplement their macro cells, for example by deploying them in areas that cannot be effectively served by a traditional macro cell, or by expanding and upgrading their network capacity to serve the rapidly growing number of wireless device users. Typically, a small cell antenna is attached to a streetlight or utility pole, or placed mid -span on wires between utility poles. Wireless providers often place these small cells in locations that are densely populated, such as downtown areas and around heavily used traffic corridors. D. Wireless providers have already deployed many of these facilities under the existing ordinance, but have expressed a desire to deploy hundreds more of these antennas and associated equipment throughout the City. Although Article X of Chapter 33 of the City's municipal code regulates wireless installations in the public right-of-way, it is in need of a comprehensive update to address the increased demand for deployments and changes in state and federal law that have occurred since Ordinance No. NS -2816 was adopted in 2011. E. Accordingly, Article X of Chapter 33 of the Santa Ana Municipal Code shall be updated by repealing and reenacting such article. By this update, the City seeks to establish reasonable and uniform standards and streamlined procedures for the approval and installation of small cell and similar wireless facilities in the public right-of-way in a Ordinance No. NS -XXX Page 1 of 21 11 A-3 manner that protects and promotes the public health, safety and welfare and is consistent with federal and state law. SECTION 2. Article X of Chapter 33 of the Santa Ana Municipal Code is hereby repealed in its entirety. SECTION 3. Article X of Chapter 33 of the Santa Ana Municipal Code is hereby reenacted in its entirety as follows: ARTICLE X. - WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY Sec. 33.230. - Purpose and Intent. The City Council finds and determines that it is in the interest of the City of Santa Ana to establish a process that balances the need for Santa Ana residents to access wireless communications, the general welfare of Santa Ana residents, and the requirements of state and federal law, to guide applicants for wireless facilities within or along the public right-of-way. Accordingly, this Article is adopted: (a) To provide uniform standards for the community desired design, placement, permitting and monitoring of wireless facilities consistent with applicable state and federal requirements, (b) To manage the public right-of-way as to the time, place, and manner in which it is accessed. (c) To minimize the environmental and aesthetic impacts of wireless facility installations in the public right-of-way. (d) To preserve view corridors, to discourage visual blight and clutter, and to encourage aesthetic placement of wireless facilities. (e) To accommodate public and City use of the public right-of-way, so as to permit maintenance of wireless facilities, and to minimize disruption to vehicular traffic and pedestrian flow and on -street parking. (f) To minimize unnecessary disruption of the public right-of-way by coordinating installations so as to effectively manage use of the public right-of-way. (g) To ensure the structural integrity, reliability, performance, safety, quality, ease of maintenance, and aesthetic integrity of the public right-of-way. (h) To ensure that similarly -situated public right-of-way users are treated in a competitively neutral and non-discriminatory manner while complying with applicable state and federal requirements. (i) To ensure compliance with all federal, state, county, and local laws. (j) To prevent hazardous conditions within and along the public right-of-way, Ordinance No. NS -XXX Page 2 of 21 11 A-4 (k) To manage the long-term use of the public right-of-way. This Ordinance establishes standards for the sifting, design, permitting, construction, operation, inspection, maintenance, repair, modification, removal and replacement of communications facilities in recognition of applicable state and federal law. Sec. 33.231. - Definitions. For the purpose of this Article, the following words or phrases are defined below: (a) "Accessory equipment" means any equipment serving or being used as part of a wireless facility that is not an antenna or a pole, This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets, storage sheds, shelters, vaults, or other structures. (b) "Agency" means the City's Public Works Agency. (c) "Antenna" means that part of a wireless facility designed to radiate or receive radio frequency signals. (d) "Base station" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(1), as may be amended. (e) "Cell on Wheels" or "COW" means a portable self-contained wireless facility that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle -mounted and contains a telescoping boom as the Antenna support structure. (f) "Concealment Elements" means any of the following: 1. Radio Frequency transparent screening. 2. Approved, specific colors. 3. Minimizing the size of the site. 4. Integrating the installation into existing utility infrastructure. 5. Installing new infrastructure that matches existing infrastructure in the area surrounding the proposed Site. 6. Controlling the installation location. (g) "Director" means the Executive Director of the Public Works Agency or a designee. (h) "Distributed Antenna System" or "DAS" means a network of spatially separated antennas (sometimes called "nodes") connected to a common source (sometimes called a "hub") by a transport medium, such as fiber optic cable, that provide wireless service within a specific geographic area. This definition includes, without limitation, DAS owned by one entity and shared by multiple providers. Ordinance No, NS -XXX Page 3 of 21 11 A-5 (i) "Eligible facilities request" means an application that qualifies for approval under the criteria set forth in Section 1455 of Title 47 of the United States Code and 47 C.F.R. § 1.40001. (j) "Eligible support structure" means "eligible support structure" as that term is defined by the FCC in 47 C.F,R, § 1.40001(b)(4), as may be amended. (k) "FCC" means the Federal Communications Commission. (1) "Guidelines" means Standards and Guidelines for Wireless Facilities in the Public Right -of -Way policy promulgated by the Director of Public Works pursuant to Section 33-234, as it may be amended from time to time. (m) "Laws" means any and all applicable federal, state and local ordinances, resolutions, regulations, administrative orders, or other legal requirements. (n) "Parkway" means that area between the sidewalk and the curb of any street, and where there is sidewalk adjacent to the curb, that area between the sidewalk and the right-of-way line, and where there is no sidewalk, that area between the curb or edge of the roadway and the right-of-way line adjacent thereto. (o) "Person" means any individual, firm, company, partnership, corporation, entity, agency, or other organization. (p) `Polo" means a single shaft of wood, steel, concrete or other material capable of supporting the equipment mounted thereon In a safe and adequate manner and as required by provisions of this code and the Guidelines, (q) "Public right-of-way" or "PROW" or "right-of-way" means the area on, below, or above a City -owned or -controlled street or alley public right-of-way and the sidewalk and/or parkway adjacent thereto. (r) "Replacement pole" means in connection with an existing pole, a pole that is installed in the same location or in the immediate vicinity of an existing pole that is removed. (s) 'Roadway" means that portion of a public street improved, designed or ordinarily used for vehicular traffic. (t) "Routine maintenance" means ensuring that a wireless facility is kept in good operating condition. Routine maintenance includes, but is not limited to inspections and testing. (u) "Site" means the area in proximity to the structure and to other transmission equipment already deployed on the ground, as defined by the FCC in 47 C.F.R. § 1.40001(b)(6), or as may be amended. (v) "Substantial change" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(7), as may be amended. Ordinance No. NS -XXX Page 4 of 21 11 A-6 (w) "Wireless facility" "facility" or "facilities" mean any fixed facility that transmits andfor receives electromagnetic waves using FCC -licensed or unlicensed spectrum, It includes, but is not limited to, antennas and/or other types of equipment for the transmission or receipt of such signals, poles, communications monopoles or similar structures supporting such equipment, related accessory equipment, and other accessory installations. (x) "Work" means all labor, materials, equipment, services, and all other things necessary for a person to install a wireless facility in the public right-of-way, including without limitation any changes requested by the City, in accordance with this Article and all applicable laws and regulations. Sec, 33.232. - Permit Required. No person shall install or maintain any wireless facility which in whole or in part rests upon the public right-of-way without first obtaining a permit from the Director under this Article. Additional permits may still be required depending on the type of wireless facility and the scope of work required for Installation. Sec. 33-233. - Siting Preferences. (a) To the extent possible, wireless facilities shall be located outside the public rights-of-way. (b) Whenever possible, wireless facilities shall not be located in public rights-of-way adjacent to property zoned or used for residential purposes, (c) Whenever possible, wireless facilities shall be located on existing poles or replacement poles rather than on new poles. (d) Wireless facilities should not be located immediately in front of, beside, or behind historic resources as recognized by the City pursuant to Chapter 30 of this Code. Sec. 33-234. - Director's Guidelines. (a) Each application for a wireless facility is subject to the most current Guidelines, which may be amended from time to time. The primary purpose of these Guidelines shall be to provide procedural and design guidance and specific design standards and requirements for project applicants proposing wireless facilities (categorized in different tiers) in the public right-of-way that are subject to the requirements of this Article. The Guidelines document is also intended for use and reference by City staff in reviewing and approving designs and verifying compliance with this Article. All such Guidelines will be publicly available and posted on the Public Works website. (b) To the extent not preempted by applicable laws, the Director may prescribe in the Guidelines additional standards covering the location, Ordinance No. NS -XXX Page 5 of 21 11 A-7 size, and depth of excavations in public streets and sidewalks related to wireless facility installation, as the Director may deem necessary for the public safety and welfare. Where such guidelines are general in character and are designed to apply to all excavations of a certain type or nature, they shall be promulgated in writing showing the date of their enactment, and a copy thereof, duly certified to by the Director shall be kept on file where they may be made available for public inspection upon the demand of any person, All work performed under this Article shall be subject to such guidelines. Sec. 33-235. - Pre -Submittal Requests. The applicant may request a pre -application consultation with the City. This consultation Is for the applicant to ask questions, receive guidance on specific requirements of this Article, and receive verbal feedback on specific elements to assist In the design of their site. Multiple proposal options may be provided for the same location under one application. A pre -submittal application request is to be made on a City -approved form to the Public Works Agency and shall include any required fee as established by City Council resolution for each submittal. Once conceptual review comments have been sent to the applicant, the Public Works Agency and the applicant may communicate to address comments and resolve issues identified in advance of an application being submitted. When necessary, at the request of the applicant, city staff may conduct site visits with the applicant to address and/or resolve specific issues related to the site. The applicant may request a meeting with city staff to review and discuss conceptual review comments, subject to any applicable fees. Sec. 33-236. - Application Required. Before a permit is issued, a written application must be filed with the Agency, subject to the requirements of this Section and the Guidelines. (a) Where the applicant does not assert that the proposed facility is an eligible facilities request, the application shall include: 1. The name, address and telephone number of both the applicant and the owner of the wireless facility. 2. The name, address and telephone number of the responsible person whom the City may contact at any time concerning the wireless facility. 3. A copy of the applicant's authorization to construct the proposed facilities in the public rights-of-way (e.g., a certificate of public convenience and necessity or a wireless identification registration). 4. If the applicant's proposed facility involves installing a replacement structure (e.g., a pole) in the public right-of-way and attaching additional facilities, or installing a facility on a pole owned by a third party, the applicant shall also provide a signed copy of the license, lease, pole attachment agreement, or Ordinance No. NS -XXX Page 6 of 21 11 A-8 whatever authorizations are required for the placement of the wireless facility at the location proposed, including proof that applicant is authorized by the owner of the structure to install and operate the proposed wireless facility on the structure. Such submissions need not disclose financial terms. 6. Where applicable, the pole number(s), address, and latitude/longitude GPS coordinates of the location of the pole or poles. 6. At the request of the Director, a photograph and model number of the wireless facility being proposed. 7. A project description letter containing: A. A list of all facilities proposed to be installed (including antennas, associated equipment, poles, power and fiber to the facility), along with the corresponding volume of each. B. The height of each, as measured from the ground. C. A description of the concealment elements associated with the wireless communication facility, including but not limited to painting and shielding. D. The materials that comprise the facilities. E. A description of any ground disturbance necessary to complete the proposed project. F. A description of the noise levels the facilities will emit. G, A description of any lighting to be installed along with the facilities. H. A description of any signage to be installed along with the facilities. I. A description of the security plan for the site, including an emergency contact, and a description of the emergency breaker switch. J. A description of three alternative sites that would also accommodate the proposed Facilities, and a brief explanation as to why the proposed site was selected (i.e., proximity to power source). 8, A coverage map indicating the area which will be served by the proposed wireless facility. 9. A construction plan and schedule, to include start and end dates and phasing, as required by the Agency. 10. Engineering certification demonstrating compliance with all existing RF emission standards. 11. A non-refundable application and processing fee, in an amount established by resolution of the City Council to defray the City's costs to process the application and to inspect the facility. 12. Electronic plans (in .pdf file format and electronic GIS file format compatible with the City's geographic information system database) that include the following: A. A title sheet. Ordinance No, NS -XXX Page 7 of 21 11 A-9 B. A site plan, showing: I. The exact location and route requested for applicant's proposed facilities, including other improvements in the area. ii. If excavation is required, the plans must include the the location and depth of all overhead and underground public utility, cable, water, sewer drainage, fiber optic, and other facilities In the public right-of-way along the proposed route. iii. The location(s), if any, for interconnection with 'the facilities of any other parties. IV. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate. 13. Verification from a California licensed professional engineer certifying that the support structure involved in the deployment is structurally and mechanically capable of supporting the proposed mounted components of the wireless facility. 14. Detailed plans and design drawings of all facilities proposed (and where applicable including a detailed description of any existing wireless facilities and of the modifications that are proposed to be made to it), and the dimensions (including the volume) and specific location of the wireless facility and its elements, including but not limited to any accessory equipment that will be installed. The description must include detail on any excavations and deployment outside the current site, including any physical, wireline, interconnections to other locations, noting existing wireline connections and new ones. 16. Photo simulations of the facility before and after installation (including any above -ground pedestals, vents, conduit and exposed cable). 16. For applications involving modifications of existing facilities, the applicant shall provide the original permit and approved plans for the existing facility and any associated authorizations (e.g., related to prior modification requests). 17. For applications involving new poles, or wireless facilities in underground utility areas, the applicant must include Information to demonstrate that the facility is necessary to avoid prohibiting or having the effect of prohibiting the provision of personal wireless services pursuant to the United States Telecommunications Act of 1996 (47 U.S.C. §332(c)(7)(13)(1)(11)). (b) Applications for eligible facilities requests shall include: A project description letter containing: A. A list of all facilities proposed to be installed (including antennas, cabinets and other associated equipment, power Ordinance No. NS -XXX Page 8 of 21 11A-10 and fiber to the facility), along with the corresponding volume of each. B. The height of each, as measured from the ground, C. A description of the concealment elements associated with the wireless facility, including but not limited to painting and shielding. D. The materials that comprise the facilities. E. A description of any ground disturbance necessary to complete the proposed project. 2. Detailed plans and design drawings of the proposed installation, including a detailed description of the existing wireless facility and of the modifications that are proposed to be made to the existing wireless facility; the exact location of the proposed facility; the dimensions (including the volume) and specific location of the wireless facility and its elements, including but not limited to any accessory equipment that will be installed. The description must Include detail on any excavations and deployment outside the current site, including any physical, wireline, interconnections to other locations, noting existing wireline connections and new ones. A copy of all approvals and/or permits for the tower or base station that is to be modified, and any subsequent modification applications and permits, and of any required conditions (imposed by the City and/or third party) placed on the initial or subsequent permits. 4. A report signed by a California licensed professional engineer specializing in structural engineering, containing the following: A. In the case of an attached wireless facility, documentation of the ability of the structure to accept the antennas, the proposed method of affixing the antennas, and the precise point at which the antennas shall be mounted. B. In the case of a wireless facility with a support structure (e.g. monopole), documentation that the structure is capable of supporting the antennas and complies with applicable laws and codes, as well as the structure's capacity for additional collocated antennas, and the precise point at which the antennas shall be mounted. Sec. 33-237. - Distributed Antenna System (DAS). Applications for wireless facilities comprising a DAS shall be submitted simultaneously and each individual location within the system shall be processed and considered for approval separately. Permitting fees will be assessed per application. Each location will be evaluated and must comply with the installation design guidelines as detailed in the Guidelines. Ordinance No. NS -XXX Page 9 of 21 11A-11 Sec. 33-238. - Fees. (a) Processing Fees. The fee for any permit or application required by this Article shall be set by the City Council by resolution from time to time. All fees must be paid in full before any permit shall be issued from the City. Application processing fees must be paid at the time that the application is submitted and are non-refundable. These fees are for permit processing only and are in addition to any other applicable fee or any separate payments that may be required for rent of City infrastructure. (b) Independent Consultant. As reasonably required, the Applicant may be required to provide an authorization waiver to permit the City to hire an independent qualified consultant to evaluate any technical aspect of the proposed telecommunication facility. Any authorization for this purpose shall include an agreement by the applicant to reimburse the City for all reasonable costs associated with the consultation. Sec. 33-239. - Notice of Application Submittal. (a) Excluding applications for eligible facility requests and Tier 1 facilities (as defined by the Guidelines), within ten (10) business days of acceptance of a complete application, the applicant shall give or cause notice of the submission to be given to certain members of the community, as specified below. The notice must be approved by the City. The notice shall provide: 1. A date of notice, 2. A brief description of the proposed wireless facility, including all proposed accessory equipment. 3. A City contact for inquiries and instructions to send any comments to a designated City address and/or email address, and a statement that the City will accept comments for twenty days following the date of notice. 4. Photo simulations of the proposed facility before and after installation (include any vents, conduit and exposed cable). 5. A radius map indicating: A. For Tier 2 facilities, one -hundred and fifty (150) feet of the exterior boundaries of the proposed installation site. B. For Tier 3 facilities, three -hundred (300) feet of the exterior boundaries of the proposed installation site. (b) For purposes of the notice requirements below, the City will provide to the Applicant a list of names and addresses of all property owners within five (5) business days, as shown on the latest assessment roll of the county assessor. 1. For applications for Tier 2 facilities (as defined by the Guidelines), the applicant shall provide notice by: Ordinance No. NS -XXX Page 10 of 21 11A-12 A. Mailing notices to property owners located in residential zones and within one -hundred and fifty (150) feet of the exterior boundaries of the proposed installation site. B. Mailing notices to any neighborhood association representing residential property located within one - hundred and fifty (150) feet of the exterior boundaries of the proposed installation site. C. Posting a copy of the notice at the proposed installation site on the existing utility pole, street light or similar structure to be modified or replaced, or as close thereto as reasonably possible. 2. For applications for Tier 3 facilities (as defined by the Guidelines), the same notice requirements shall apply, except that notice shall be delivered to the persons listed above within a three -hundred (300) foot radius of the proposed site. (c) Written comments from members of the public received by the Director shall be considered as part of the staff review. Comments shall be accepted for twenty (20) days following the date the notice is provided. (d) The applicant shall work cooperatively with the City to consider or otherwise respond to comments received by the Director. Sec. 33-240, Permit Issuance. (a) A permit for a wireless facility shall be granted, denied, or conditionally granted by the Director. In the event that an application is deemed granted by rule of law, all conditions and design guidelines as required by this ordinance for the facility are still applicable and required for the facility. (b) For an eligible facilities request, the Director shall issue a permit if the Director finds that the proposed facility qualifies as an eligible facilities request and does not represent a substantial change. (c) For any facility other than an eligible facilities request, the Director shall issue a permit if the Director makes all of the following findings: 1. The proposed facility conforms to the Guidelines, including any volumetric limits, design criterion, and location restrictions detailed therein. 2. The proposed wireless facility is visually compatible with the surrounding neighborhoods. 3. The applicant has demonstrated that the installation will not substantially interfere with the use of the public right-of-way and existing subterranean infrastructure, including interference with Ordinance No. NS -XXX Page 77 of 21 11A-13 the flow of pedestrian or vehicular traffic, the ingress or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near the proposed site of the wireless facility. 4. The applicant has demonstrated that the wireless facility will not endanger or is not reasonably likely to endanger the safety of persons or property, 5. The proposed wireless facility complies with all applicable regulations of the FCC. 6. The applicant has coordinated the final siting location of the facility with the Director. 7. The applicant has posted a performance bond or other security in an amount rationally related to the cost of removal.. 8. All notification requirements for the proposed facility have been met. (d) In granting or denying an application, the Director shall make a written finding which shall specify all facts relied upon in rendering his decision. A copy of the decision shall be filed with the Public Works Agency and mailed to the applicant and to any person who has submitted a comment on the proposed application pursuant to Section 33-239. (e) Permits are issued for a period of ten (10) years from the date issued. Sec. 33-241. — Extension of Permit. To extend a wireless facility permit for an additional five (5) year period, the applicant shall provide proof that it continues to have the legal authority to occupy and use the PROW for the purpose set forth In its permit, that its site as it exists at the time of the extension is in full compliance with the applicable City permits issued for the site, and pay the fees for extension. Additionally, the applicant must provide an affidavit confirming that the site is still in compliance with the FCC regulations. Additional procedural and substantive requirements may be detailed in the Guidelines. Failure to submit such an affidavit or proof of legal authority to occupy or use the PROW, or to meet any additional requirements regarding extension specified in the Guidelines, shall be grounds for not extending the permit. The burden is on the applicant to demonstrate that the site complies with the requirements herein. Sec. 33-242. - Appeal. Any interested person may appeal the decision of the Director pursuant to Chapter 3 of this Code. Ordinance No. NS -XXX Page 12 of 21 11A-14 Sec. 33.243. - Revocation. Any wireless facility permit may be revoked or modified for cause in accordance with the provisions of this Section. (a) Revocation proceedings may be initiated by the Director. (b) Public notice of the hearing shall be given. (c) After conducting a duly -noticed public hearing, the Director or designee shall act on the proposed revocation. (d) Required Findings. The Director or designee may revoke or modify the permit if the Director makes any of the following findings: 1. The applicant obtained the approval by means of fraud or misrepresentation of a material fact. 2, The applicant substantially expanded or altered the use or structure beyond what is set forth in the permit or substantially changed the character of the facility. 3. The facility has not been utilized for six (6) months or more, 4. Failure to comply with any condition of a permit issued. 5. Failure to comply with this Article. 6. Failure to comply with the Guidelines. A substantive change of law affecting to the applicant's rights to occupy or use the PROW or the City's ability to impose regulations relating to such occupation or use. 8. A facility's interference with a City project. 9. A facility's interference with vehicular or pedestrian use of the PROW. 10. Failure to make a safe and timely restoration of the PROW or failure to address damage or disrepair with respect to the wireless facility and/or its supporting structure. 11. Circumstances arise under which failure to revoke the permit and remove the facility would result in hazardous or dangerous conditions, or otherwise compromise the safety of the PROW. (e) Notice of Action. A written determination of revocation shall be mailed to the applicant within ten (10) days of such determination. (f) An applicant whose permit has been revoked may have the revocation reviewed, upon written appeal as follows: 1. Within fourteen (14) days of the revocation, a written appeal shall be filed with the Director. The appeal must contain a statement listing the reasons why the applicant believes that the revocation Ordinance No. NS -XXX Page 13 of 21 11A-15 should be reviewed. The Director shall render a decision within twenty-one (21) days of receipt of the statement described herein. 2. If the Director denies the appeal, the permittee may file a written notice of appeal with the City Council within twenty-one (21) days of notification of the Director's denial. The appeal to the City Council must contain a statement of any significant factors and/or hardships as well as alternatives explored, and a response to the findings of the Director that resulted in the denial. The appeal shall be conducted in accordance with Chapter 3 of this Code. Sec. 33-244. -Site Selection Guidelines and Criteria. (a) The Director may authorize new poles within the public rights-of-way, or wireless facilities in underground utility areas, only with a finding that such new pole or wireless facility, as applicable, is necessary to avoid prohibiting or having the effect of prohibiting the provision of personal wireless services pursuant to the United States Telecommunications Act of 1996 (47 U.S.C. §332(c)(7)(B)(i)(11)). (b) Traffic Obstruction. The placement of the facility shall not permanently impede vehicular or pedestrian traffic flow, nor shall such installation violate siting regulations imposed by the California Public Utilities Commission. (c) No modification to above -ground or at -grade facilities, including those related to size, color and shape of the housing, may be made by the applicant without first having obtained approval of the Director. Sec. 33-245. - Visual Impact Guidelines. (a) Unobtrusive Design. Wireless facilities shall be designed to be as visually unobtrusive as feasible. Colors and designs must be visually neutral, integrated and compatible with surrounding buildings and/or uses in the area. Facilities shall be sited to avoid or minimize obstruction of views from adjacent properties and otherwise preserve the aesthetic integrity of the public right-of-way. (b) No component of a wireless facility shall extend seven (7) feet beyond the top of a pole. However, no facility located within one -hundred and forty (140) feet of a residential property shall exceed thirty-five (35) feet in height. Additionally, no facility shall exceed sixty (60) feet in height from the ground level as measured from the nearest street curb. The Director may waive these requirements if necessary to accommodate General Order 95 of the California Public Utilities Commission or a design permitted by the Guidelines. (c) No facility shall be illuminated unless specifically required by the Federal Aviation Administration or other governmental agency for security or clearance purposes. Ordinance No. NS -XXX Page 14 of 21 11A-16 (d) Signs and Advertising. No advertising signage or identifying logos shall be displayed on any facility except for small identification, address, warnings, and other similar information plates. Such information plates shall be identified in the application and shall be subject to approval by the Director. Sec. 33-246. - Noise. Wireless facilities and all accessory equipment and transmission equipment must comply with all noise regulations pursuant to Article VI of Chapter 18 of this Code. Sec. 33-247. - Public Safety Guidelines. (a) Arterial Highway Pedestrian Passage. In public rights-of-way that are designated in the Circulation Element of the City's General Plan as "arterial" streets or highways, and which have an existing sidewalk, the facility should be located on the sidewalk or parkway such that there is a minimum of six feet (6') of unobstructed distance between the edge of the facility and any private property, in order to provide sufficient clearance for pedestrians and wheelchairs. If the paved sidewalk is less than six feet (6) wide, the applicant may propose to construct additional sidewalk to meet this requirement; provided, however, that a sufficient length of sidewalk shall be constructed to meet the six-foot (6) standard described in this subsection. The facility shall be installed in the public right-of-way with a minimum of eighteen inches (18") of unobstructed distance maintained between the edge of the facility and the edge of the curb face. (b) Non -Arterial Highway Pedestrian Passage. In public rights-of-way that are not designated in the Circulation Element of the City's General Plan as "arterial" streets or highways, and which have an existing sidewalk, the facility shall be located on the sidewalk or parkway such that there is a minimum four feet (4') unobstructed distance between the edge of the facility and any private property line, in order to provide sufficient clearance for pedestrians and wheelchairs. If the paved sidewalk is less than four feet (4) wide, the applicant may propose to construct additional sidewalk to meet this requirement if possible; provided, however, that a sufficient length of sidewalk shall be constructed to leave no discontinuities in the new path of access. The facility shall be installed in the public right-of-way with a minimum of eighteen inches (18") of unobstructed distance maintained between the edge of the facility and the edge of the curb face. (c) Unpaved Sidewalks. In public rights-of-way with no existing sidewalk pavement, the facility shall be located in the parkway such that there is a minimum four feet (4') unobstructed distance between the edge of the facility and any private property line, in order to provide sufficient Ordinance No. NS -XXX Page 15 of 21 11A-17 clearance for pedestrians and wheelchairs by one of the following methods: Where there is no curb face, the facility shall be installed in the public right-of-way with a minimum of four feet (4') of unobstructed distance between the edge of the facility and the edge of the paved street. Where there is a curb face, the facility shall be installed in the public right-of-way with a minimum of eighteen inches (18") of unobstructed distance between the edge of the facility and the edge of the curb face. (d) Vehicular Line of Sight and Sight Distance. The facility shall not be located in the "visibility triangle," defined as that portion of both public and private property located at any corner and bounded by the curb line or edge of roadway of the intersecting streets and a line joining the points on the curb or edge of the roadway of the intersection streets forty-five feet (46') from the point of intersection of the extended curb lines or edges of roadway. The facility shall not be located adjacent to street intersections, driveways and alley intersections where they would reduce the sight distance for existing vehicular traffic to less than the distance required by City standards on file with the Public Works Agency. Sec. 33.248. - Cell on Wheels (COW). (a) The Director of Public Works will direct the applicant as to what permit(s) are required to place a COW in the PROW, on a case-by-case basis. (b) The setup location requested for the COW will be reviewed and at the discretion of the Director or designee may be modified to ensure public health and safety. (c) The duration of a permit for a COW will be no longer than is necessary to establish the network and provide the temporary coverage required by the event or emergency. (d) At the discretion of the Director or his or her designee, the permit may be revoked or modified when in the best interest of the City. Sec. 33-249. - Maintenance Standards. All wireless facilities subject to this section shall comply with the following standards: (a) Inspection and Reporting. The owner of the facility when directed by the City, must perform an inspection of the facility and submit a report to the Public Works Agency. Additionally, as the City performs maintenance on City infrastructure, additional maintenance concerns regarding the facility may be identified, These will be reported to the owner of the facility. The City shall give the applicant thirty (30) days to correct the identified maintenance concerns after which the City reserves the right to take any Ordinance No. NS -XXX Page 16 of 21 11A-18 action it deems necessary to rectify the issue, which could include revocation of the permit, and applicant shall reimburse the City for all expenses associated with that ameliorative action. The burden is on the applicant to demonstrate that the proposed facility complies with the requirements herein and the Guidelines. (b) Safety and Maintenance. The applicant shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the approved site plans, the Guidelines, this Section, and all conditions in the permit. The applicant shall keep the site area free from all litter and debris at all times. The applicant, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within forty-eight (48) hours after the applicant receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. The applicant shall provide on-going maintenance of its facilities, including ensuring the facilities are reasonably free of: 1. General dirt and grease. 2. Chipped, faded, peeling and cracked paint. 3. Rust and corrosion. 4. Cracks, dents, blemishes and discoloration. 5. Graffiti, bills, stickers, advertisements, etc. 6. Broken and misshapen structural parts. (c) If an applicant discontinues use or abandons any facility for a period of six (6) months or more, the applicant shall immediately notify the Director, remove the equipment and restore the site to the condition it existed prior to installation of the facility in a manner approved by the Director, (d) Facilities shall be replaced, in kind, within forty-five (45) days, if routine or emergency maintenance is not sufficient to return the equipment to the condition at the time of installation. Sec. 33-250. - Compliance with Applicable Law and Regulations. This Article is not intended to be the exclusive means of regulating installation of wireless facilities in the public rights-of-way and nothing herein is intended to waive any other applicable City requirements, including but not limited to building permit, storm water runoff, business license, excavation and undergrounding regulations. The applicant shall obtain all permits, licenses, and similar authorizations that are required by other governmental entities for the installation of its wireless facilities. The applicant must also comply with all applicable statutes, ordinances, rules, regulations, orders, and decisions issued by any federal, state or Ordinance No. NS -XXX Page 17 of 21 11A-19 local governmental body or agency, including without limitation those issued by the California Public Utilities Commission and the Federal Communications Commission. Sec. 33-251. - Nonexclusive Use of Public Rights -of -Way. All permits to construct or place wireless facilities in the public right-of-way shall be nonexclusive. The granting of a permit under this Article by the City does not provide any permittee with an exclusive use of the public right-of-way. All facilities permitted by this Article shall, upon the reasonable demand of the Director, be relocated if required by the City to avoid potential conflicts with a proper governmental use of a street, alley, sidewalk or other public place. All expenses incurred in relocating shall be paid by the applicant. Sec. 33-252. - Submittals. Prior to the issuance of any permit, each Applicant shall provide the Agency with evidence that it has obtained all applicable business licenses, state permits, and other licenses, as well as insurance in an amount and form specified by the Agency. Sec. 33-253. - Indemnity, Insurance. (a) As a condition of permit issuance under this Article, each applicant shall: 1. Indemnify and hold harmless and defend the City of Santa Ana, its officers and employees from and against any and all suits, actions, judgments, losses, costs, demands, claims, expenses (including attorney's fees), damages, and liabilities of every kind for any and all claims for damage to property, or injury to, or death of persons arising out of or resulting from the issuance of the permit or the placement of the facility, except to the extent any damage or injury is due to the negligence or willful misconduct of the City, its officers or employees. 2. Obtain and file with the Clerk of the Council, and thereafter maintain during the term of any such permit, certificates evidencing commercial general liability insurance policy or policies, approved as to form by the City, issued by an insurance company or companies authorized to do business in the State of California. The City of Santa Ana, its officers and employees shall be named as additional insureds on said policy or policies. Unless the Guidelines specify otherwise, the policy limits of said insurance policy or policies shall be not less than one million dollars ($1,000,000.00) combined single limit for both bodily injury and property damage, or equivalent. Said policy or policies shall also contain a provision that no termination, cancellation, or change of coverage of insured Ordinance No. NS -XXX Page 18 of 21 11 A-20 or additional insured shall be effective until after twenty (20) days' notice thereof has been given in writing to the Clerk of the Council. (b) Applicants who self -insure shall so state and attest in writing in the Application, which self-insurance in an amount equal to the amount required by this Article or the Guidelines, whichever is higher, shall be subject to approval by the City. Sec. 33.254. - Coordination with other Projects In Public Flights -Of -Way. To the maximum extent possible and as permitted by law, an applicant shall design and schedule its Work so as to coordinate its Work with other persons installing, constructing, or maintaining wireless facilities and other infrastructure in the public right-of-way and with the City. Sec. 33.255. - Provisions for Underground Utility Districts. If a wireless facility is placed on a utility pole or other structure that becomes an underground utility district, adopted by resolution of the City Council, the wireless facility must be relocated to another structure at the owner's expense. Relocation of the wireless facility Is subject to this code. Sec. 33-256. - Protection of Urban Forest. The applicant may be required to retain, at Its own cost, a certified arborist to advise the applicant's contractor doing underground work in the public right-of-way as to appropriate locations for underground vaults, conduits and other equipment and root pruning techniques, if needed, so as to ensure minimal impact to existing trees and other landscaping materials that are a part of the City's urban forest. The applicant's arborist shall coordinate their work with city staff. Sec. 33.257. - Non -Compliance; No Waivers. No permittee shall be excused from complying with any of the provisions of this Article by any failure of the City on any one or more occasions to seek, or insist upon, compliance with any requirements or provisions of this Code. Regardless of the City's failure to seek compliance on any occasion, such action shall not be considered a waiver of any requirements of this Code. Sec. 33-258. - Future Changes in the Law. The City's rights under this Article are coextensive with the City's rights under state law with regard to the use of the public right-of-way by telephone corporations (as defined by the Public Utilities Code). If future changes to state or federal law authorize the City to regulate telephone corporation activity within the City and the public rights- of-way to a greater degree than is now authorized by this Article, nothing in this Article will be deemed to limit, restrict in any way, or to modify the City's exercise of that regulatory authority. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of Ordinance No. N$ -XXX Page 19 of 21 11 A-21 any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that It would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentence, clauses, phrases, or portions be declared invalid or unconstitutional. &ECTION 55. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit In lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 6. This ordinance shall become effective thirty (30) days after its adoption. SECTION 7, The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: J n M. Funk Assistant City Attorney AYES: Councllmembers NOES: Councllmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 11 A-22 Ordinance No. NS -XXX Page 20 of 21 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 A-23 Ordinance No. NS -XXX Page 21 of 21 11 A-24 CITY OF SANTA ANA (D COUNCIL COMMITTEE SPECIAL MEETING AGENDA ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY COMMITTEE MONDAY, AUGUST 20, 2018 5:00 PM CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Michele Martinez, Chairperson P. David Benavides Vicente Sarmiento PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. Approval of Minutes of May 14, 2018 Regular Meeting {Strategic Plan No. 5, 1) 2. Approval of Minutes of June 14, 2018 Special Meeting {Strategic Plan No. 5, 1} 3. Affordable Housing Funding Solutions Presentation by AFL-CIO Housing Investment Trust and LA/OC Building and Construction Trades Council 4. Use of Cannabis Revenues (Robert Cortez, CMO) 5. Santa Ana Resident Vehicle Incentive Program {Strategic Plan No. 3, 1f) (Steven A. Mendoza, CDA) 6. Discussion to Consider Amending City Manager's Public Works Contracts Signing Authority {Strategic Plan No. 4,1 & 7,5} (Nabil Saba, PWA) 7. Update on the YMCA RFP (Strategic Plan No. 3, 5a) (Steven A. Mendoza, CDA) Presentation by four Proposers Santa Ana City Council Miguel A. Pulido, Michele Martinez, Vicente Sarmiento, Jose Solorio, P. David Benavides, Juan Vlllegas, Sal Tinajero, Mayor Mayor Pro Tem, Ward Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 MPWdogoanta-anaem 2 Veermlentormsan sane Jso.,.ns.naen a oeenaNdasRsanaana JVllleaesro]eanfaana.orc S`rnalem(sanlaaneoo MMad nezyssanta-ana ore City Hall, 20 Civic Center Plaza • P.O. Box 1966 • Santa Ana, California 92702 Mayor & Council Telephone: 714.647.6900 • Agenda Item Inquiries: 714.647.5363 a Website: www.santa-ana.org 13A-1 STAFF COMMENTS COMMITTEE MEMBER COMMENTS ADJOURNMENT — The next regular meeting is scheduled for Monday, September 10th at 5:00 PM 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 ll, 28 CFR 35.102] The complete Strategic Plan document is available at http://www.santa-ana.org/strategic-planning/ ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET 2 AUGUST 20, 2018 AND TECHNOLOGY AGENDA 13A-2 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY SPECIAL MEETING MINUTES CALL TO ORDER: ATTENDANCE: MEMBERS ABSENT: STAFF PRESENT: AUGUST 20, 2018 City Hall 20 Civic Center Plaza, Room 1600 Santa Ana, CA 5:06 p.m. Council Committee members: Michele Martinez, Chairperson P. David Benavides (5:11 PM) Vicente Sarmiento None Raul Godinez II, CMO Jorge Garcia, CMO Steven A. Mendoza, CDA Sergio Vidal, FMSA Jack Ciulla, ITD Candida Neal, PBA Teresa Ramirez, FMSA Mario Espindola, PBA Fuad Sweiss, PWA Nabil Saba, PWA Marc Morley, CDA Verny Carvajal, PBA Gabriela Lomeli, PWA Julie Castro -Cardenas, CMO Daisy Perez, CMO GUESTS PRESENT: Lucy Santana, Relampago del Cielo; Amanda Aguilar, Relampago del Cielo; Peter Whittingham, WPAA; Bruce Hamlin, Guaranty Chevrolet; Mike Harrah, Caribou Industries; John Sackriston, OCADA; Martin Howard, Howard CDM; Steven Phillips, Howard CDM; Jennifer Le, Howard CDM; Dawn Reese, The Wooden Floor; Christie Fischetti, CM Partners Group; Ralph Opacic, OCSA; Teren Shaffer, OCSA; Michael Bohn, Studio 111; Brian Haney, The Sound; Terry Miller, The Sound; Bethany Scheiner, The Sound; Bela Gecsey, The Sound; John Parker, Visioneering Studios; Alex Jung, City Fabrick; Kyle Paine, Community Development Partners; Chris Schmidt; Jan Van Diis August 20, 2018 1Economic Development, Infrastructure, Budget & Technology Minutes 13A-3 AGENDA DISCUSSION ITEMS MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Martinez, Sarmiento (2) NOES: None (0) ABSENT: Benavides(1) 1. Approval of Minutes from Regular Economic Development, Infrastructure, Budget and Technology Committee Meeting of May 14, 2018. 2. Approval of Minutes from Special Economic Development, Infrastructure, Budget and Technology Committee Meeting of June 14, 2018. (Item 5 taken out of order) 5. Santa Ana Resident Vehicle Incentive Program — Staff Recommendations (Strategic Plan No. 3, 1f) - (CDA) Steven A. Mendoza, Community Development Executive Director, provided presentation on the Santa Ana Resident Vehicle Incentive Program — The Orange County Auto Dealers Association requested from the City to develop a Resident Vehicle Incentive Program where Council Members directed staff to expand the "Shop Local Program". The VIP Program is to offer a $500 rebate to Santa Ana residents who purchases a new or pre -owned automobile from a franchise Santa Ana Auto Dealership. The VIP Program becomes a new component of the "Shop Santa Ana" encouraging residents to spend the $500 in our local shops and restaurants. It will help boost our local economy. It will also provide an opportunity for the local auto dealerships to expand increasing the number of jobs for our residents. Details of how the money will be reimburse to the dealerships still in progress. It will be effective upon Voter approval of Measure X. The VIP Program will exclude leases. Franchised dealerships only within the City boundaries. They will exclude dealers with city agreements. Looking at budgeting $100,000 annually for the rebate and $25,000 for marketing. After feedback tonight, we will come with a final draft at City Council Meeting on September 18th for consideration. And start on April 15i, 2019 with a 5 -year extension. Peter Whittingham, Founder and CEO of Whittingham Public Affairs Advisors spoke in support of the Vehicle Incentive Program. Suggested the program run the length of the sales tax. Mr. Whittingham stated that the rebate will go to the residents not the dealers. Suggested that those dealers that have incentives directly with the City be excluded. The city will still receive the share of the existing sales tax from the proceeds of sales to the Santa Ana residents. Mr. Whittingham encourages to include Leases to the program as these vehicles are higher priced, more money spent, more revenue to the city. Question and answer period ensued. August 20, 2018 1 Economic Development, Infrastructure, Budget & Technology Minutes 13A-4 John Sackriston, Executive Director of OCADA there are 10 dealerships in Santa Ana. Provided information about dealers with more expensive cars i.e. BMW will have less rebates than that of less expensive vehicles such as Honda. Westminster $500 was proportion to the sales tax increase on an average vehicle purchase. Leases are 1/3 of all vehicles sold. Make it consistent. The need of the program the majority the sales tax is where you buy not where you live. When the increase of sales tax is increase it affects the consumer. Question and answer period ensued. Bruce Hamlin, Owner of Guaranty Chevrolet implored to approve this program. Most people think that where they buy product is what the sales tax is what sales tax is what they are paying for. Added 33% of sales go to residents of Santa Ana. 20% of sales area leases, the tax is based on the payment. Added that Santa Ana residents tend to lease car more often since the payments are more affordable and a sales tax increase will affect these consumers. Looking at the $500 rebate looks more appealing to the consumers helping the vehicle sales increase. Keeping the business in Santa Ana. Raul Godinez, City Manager mentioned that lease situation is different. Provided an example of the sales tax on a purchase versus a lease. Added that Westminster is only considering the incentive program for purchases. They will look into leases differently. Committee Member Benavides, spoke in support of the incentive as a positive motive to encourage residents to continue shopping in Santa Ana. He would like for the program to re -consider the cap. Asked if the source of funds will come from General Funds. Jorge Garcia, Assistant to the City Manager explained that the source of the fund will come from the General Fund come in as sales tax dollars. The details of how the funds will come in still in the planning stage with the Finance Department. Added that the sales tax increase. The VIP Program will begin on April 1, 2019. Mr. Garcia explained that the dealers with the tax incentives are not similar to purchases. Incentive 1 will benefit residents; Incentive 2 will benefit dealerships. Committee Member Benavides, suggested the cap to be removed or increase if staff sees the need to for a cap. Encourages to include leases into the VIP program. He would like to see the program to extend to 10 years. Steven Mendoza explained that the VIP Program is to benefit the residents of Santa Ana. Other incentive programs are mainly for dealerships to invest in their property. Committee Member Sarmiento, making sure there is no impact on stakeholders. The VIP program will proceed upon passing the sales tax increase. Inquired about the data purchases of new vehicles versus pre -owned, do they lease more. Wants to make sure the measures taken will tailored to our demographics. Asked what happens to the independent dealerships as it is known that the majority of vehicle sales come from the August 20, 2018 1 Economic Development, Infrastructure, Budget & Technology Minutes 13A-5 independent dealerships. He would like for staff to seek some kind of agreement with the independent dealerships to be included in the VIP Program. Chair Martinez provided a background on the sales tax and property tax that comes into the city of Santa Ana and how businesses and residents are affected. Added that if the city files bankruptcy it does not look good for anybody. In order for Santa Ana to be a successful city we all need to look at it as a whole. Stated that before looking at programs as the VIP program, to look at where Santa Ana is going. As a resident she cares for the community. Stated that she was not against the program but to bring things into context. Committee Member Sarmiento added that they have made difficult decisions and always looking at what is best for the residents and local businesses. (Item 7 taken out of order) 7. Update on the YMCA RFP (Strategic Plan No. 3,5a) - (CDA) Steven Mendoza, Executive Director of Community Development, provided a background on the YMCA building. Four presenters will provide proposals which will be rated during their presentations then they will move forward for City Council recommendation. Question and answer period ensued. PUBLIC COMMENTS • Lucy Santana, resident of Santa Ana and Board Chair of Relampago del Cielo, spoke in support of Orange County High School of Arts YMCA Proposal. • Amanda Aguilar, teacher of Relampago del Cielo, spoke in support of Orange County High School of Arts YMCA Proposal. YMCA Presentations Brian Heney, The Sound — Presented proposal, resident of Santa Ana. The Sound has been serving Santa Ana since the 1920's. The proposal is to have a place for gathering, a cafe, health center, learning labs, community garden, studio for local artists, events hall, co -working center, kids zone. What they need is people who are willing to reach out to the community and a team of developers who can handle the concept. Willing to restore the structure and the original mission and intent of the site. Mike Harrah, Caribou Industries — Presented proposal to convert the YMCA building to a high end Hotel lobby. Proposing in the first 180 days to clean up and paint the structure costing $825,000. The proposal will donate $500,000 to the city, for a total cost of $1,325,000 in the first 180 days of the project. Proposing to complete the entire project in 24 months costing $15,146,000 total. The project will generate property tax, retail tax and sales tax to the city. August 20, 2018 1 Economic Development, Infrastructure, Budget & Technology Minutes 13A-6 Ralph Opacic, Founder and Director of the Orange County High School of the Arts — Presented proposal partnering with Wooden Floor and Relampago del Cielo. Together they have been serving over 3,000 families in Santa Ana and with the YMCA project they would like to serve 500 more families. The facility will be a thriving hub for arts in partnership with the Wooden Floor and Relampago del Cielo. Community room available for the community, an art gallery for local artists and student to display their art work, a small performance venue, classrooms. The focus will be a design center to be available to the community. In addition, they will bring other non -profits community users to provide more services. Michael Bohn, provided information of the project. The concept is to restore the building to its historic branch, set up landscaping, create a place for students and community to congregate. Approximate the total cost of the project will be $20,000,000 with a completion period of 24 months. Provided information of construction schedule and financing strategy. Kyle Paine, Community Development Partners — proposing a 50 permanent supportive units for Veterans and a veterans serving center. The Community Development Partners focuses on affordable housing for low income seniors, families, homeless and veterans. Provided completion schedule of approximate one year. Committee Member Sarmiento thanked all presenters. Provided information of the YMCA building that six years ago they thought it was going to work, but things did not work as expected. The YMCA is a very important asset to the City not only economically but also historically. Asked Community Development Partners what the financing would be like for their proposed project. Question and answer period ensued. Chair Martinez thanked all presenters. Added that all have an opportunity to work together. Create an anchor of economic, social and cultural opportunity and actively listen to the community of what their needs are. All the Committee Members care about the community those social educational make the city special. The 2 most important assets the city have are people and land. The four "Ps", People, Public, Private, Partnerships. Putting people first everything goes, having an opportunity to make the first P here in Santa Ana. Committee Member Sarmiento recommended giving staff direction, comments, remarks from the other Committee Members. Steven Mendoza added that if Committee Members had any additional questions or comments, they will gather the missing information for Council before submitting a final recommendation. Committee Member Sarmiento commented that all the presentations were very impressive and very unique in their own way, providing a vile need for the community. One major component of all the presentations is the financing portion. Question and answer period ensued. Chair Martinez would like the same information presented tonight to be forward to all Council Members for review before they bring it to City Council meeting. August 20, 2018 1 Economic Development, Infrastructure, Budget & Technology Minutes 13A-7 ITEMS MOVED TO NEXT COMMITTEE MEETING Affordable Housing Funding Solutions Presentation by AFL-CIO Housing Investment Trust and LA/OC Building and Construction Trades Council 2. Use of Cannabis Revenues (Robert Cortez, CMO) 3. Discussion and Consideration to Amend City Manager Authority to Execute Public Works Contracts and Agreements {Strategic Plan No. 4,1 & 7,51 (Nabil Saba, PWA) PUBLIC COMMENTS: None STAFF MEMBER COMMENTS: City Manager thanked committee for their patience through the presentations. Added that CDA Director, Steven Mendoza is the lead on this project and they are focusing to complete the YMCA project in a timely manner. COMMITTEE MEMBER COMMENTS: None NEXT MEETING: • Monday, September 10, 2018 Adjournment — 7:01 PM Audio of meeting available at: htti)://www.ci.santa-ana.ca.us/coc/grqniggsi p ) Bianca L. Zurita Recording Secre ary, CDA August 20, 2018 1 Economic Development, Infrastructure, Budget & Technology Minutes 13A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: RECEIVE AND FILE REPORT FROM THE LEGISLATIVE AFFAIRS, ETHICS, TRANSPARENCY AND COMMUNICATIONS COUNCIL COMMITTEE (STRATEGIC PLAN NO. 5, 1) r � b � � CITY ANAGER RECOMMENDATION Receive and file report. DISCUSSION CLERK OF COUNCIL USE ONLY: 9--100 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER At the Special, Legislative Affairs, Ethics, Transparency and Communication Council Committee meeting held on August 15, 2018, the members discussed and provided staff direction on draft policy regarding City Council censure for violations of Code of Conduct and Ethics. The Committee had been presented with various policy options for consideration of sanctions, censure, disapproval, and admonitions. The committee members unanimously agreed to direct staff to bring back a receive and file report to the City Council that recommends a status quo policy. The City has a values based Code of Ethics and Conduct; thus, existing methods of reporting both Brown Act and Political Reform Act violations are appropriate and should remain. The attached exhibit provides existing reporting mechanism for the Orange County District Attorney's office, Grand Jury, Fair Political Practices Commission and/or the Attorney General's Office depending on the type of violation. STRATEGIC PLAN Approval of this item allows us to meet Goal #5. Community Health, Livability, Engagement & Sustainability, Priority #1, Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities. FISCAL IMPACT There is no fiscal impact associated with this action. c�� M ria D. Huizar Clerk of the Council Exhibit: 1. Reporting Mechanism 19C-1 19C-2 Exhibit 1 BROWN ACT VIOLATIONS Existing Methods of Reporting Brown Act Violations 1. OC District Attorney's Office — Special Prosecution Unit 2. Grand Jury (authorized under AB1945) 3. Attorney General How to report violations 1. Majority Vote of the City Council in Open Session 2. Member of the Public submit to Enforcement Agency Caution — Legislative Actions May be Voided Meetings of public bodies must be "open and public," actions may not be secret, and action taken in violation of open meetings laws may be voided. (§§ 54953(a), 54953(c), 54960.1(d)) What are the Penalties for Violating the Brown Act? If you are a public official, you need to take the Brown Act seriously. There are both criminal and civil penalties for violating the Brown Act. Participation in unauthorized meetings is a misdemeanor. There are specific remedies available for disclosure of confidential information obtained in closed session. An action for an injunction or declaratory relief for violations of the Brown Act may be brought by any interested person or by the District Attorney. The court may order the action taken by the legislative body null and void. Prior to bringing an action, however, the complainant must make a demand on the legislative body to cure the defect. If the legislative body fails to cure, then the complainant may file suit. Action by the legislative body will not be null and void if: 1. The legislative body substantially complied with the provisions of the Brown Act. 2. The action involved the sale or issuance of notes, bonds or a contract with a third party. 3. The action was taken to collect a tax. 4. If the person had actual notice of the item of business within 72 hours prior to the meeting (or 24 hours for a special meeting) despite the lack of agenda. 5. A court may award court costs and reasonable attorneys' fees to any successful plaintiff. Local agencies may be entitled to attorneys' fees where the case is found to be frivolous and without any merit. Because the penalties for violation of the Act can be severe, it is imperative that all public officials acquaint themselves with the provisions of the Brown Act. The Act applies to legislative bodies of local agencies. Remember that a meeting includes every gathering of the majority of the members of the legislative body, with certain limited exceptions. All meetings must be noticed with a posted agenda containing the necessary elements --a description of each item to be discussed, time and place of the meeting, and an opportunity for the public to address the legislative body. The reason for any closed session must be disclosed both on the agenda and orally prior to convening the closed session. Following the closed 19C-3 Exhibit 1 session, an oral or written report of the action taken in closed session must be given which includes the vote of the legislative body members. Meetings must be held in an accessible location within the jurisdiction, Any and all interested persons must have the opportunity to attend. All materials used by the members of the legislative body both in preparation for and at the meeting are public records. Remember, it is always better to err on the side of openness to protect yourself. If you have any questions regarding the application of the Act to any part of your agendas, meetings or gatherings, whether informal or formal, seek legal advice. Summary of Consequences of Violation. A. Criminal penalties-- misdemeanor where action taken in violation of the act. B. Civil remedies -- 1. Injunction, mandamus, declaratory relief 2. Action may be voided following notice to correct, which must be received within 90 days, and acted on within 30 days, lawsuit filed within 15 days. C. Attorney fees 1. Awarded against agency, not individual. About the Orange County District Attorney's Office The Office of the District Attorney's Special Prosecutions Unit is responsible for prosecuting political corruption. Political/public corruption includes all criminal acts that relate to the election to and/or holding of a public office. The integrity of the political process is vital to our democracy. Among the crimes in this category are campaign money laundering, candidate residency violations, Political Reform Act violations, conflicts of interest, misuse of public funds and Brown Act violations. The Special Prosecutions Unit reviews all complaints of political corruption submitted to the District Attorney. Often the complaint is discussed with other agencies such as the United States Attorney, the California Attorney General and the California Fair Political Practices Commission. A determination is then reached as to which agency is best suited to handle the complaint. This decision is based on such considerations as the gravity of the violation, potential punishments and any possible conflicts of interest on the part of the District Attorney. If it is decided that the District Attorney can best handle the complaint, a thorough investigation is completed by the Special Assignments Unit of the District Attorney's Bureau of Investigations. A prosecutor specializing in these types of cases in the Special Prosecutions Unit then determines if there is sufficient evidence to prove a specific crime beyond a reasonable doubt. If so, that prosecutor will file charges and handle the case to its conclusion. The District Attorney believes that such crimes encroach on the fundamental democratic political process and should be vigorously prosecuted. State Legislation Authorizing Grand Jury to Investigate Violations Legislation, effective January 1, 2003 (AB 1945), confirms that it is a violation of the Brown Act to disclose confidential, closed session information. 19C-4 Exhibit 1 Assembly Bill No. 1945 CHAPTER 1119 An act to add Section 54963 to the Government Code, relating to open meetings. [Approved by Governor September 30, 2002. Filed with Secretary of State September 30, 2002.] LEGISLATIVE COUNSEL'S DIGEST AB 1945, Simitian. Open meetings: closed sessions: confidential information. The Ralph M. Brown Act generally requires that the meetings of the legislative body of a local agency be conducted openly and publicly, but also provides that the legislative body of a local agency may hold closed sessions for specified purposes. The act provides that a member of a legislative body who attends a meeting of that body where action is taken in violation of the act, and where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under the act, is guilty of a misdemeanor. This bill would provide that a person may not disclose confidential information, as defined, that has been acquired by being present in a closed session authorized under the act, as specified, unless the legislative body authorizes disclosure of that confidential information. The bill would provide that a violation of these provisions may be addressed by the use of remedies that are currently available by law, including, but not limited to, injunctive relief to prevent the disclosure of confidential information under these provisions, disciplinary action against an employee who has willfully disclosed confidential information, and the referral of a member of a legislative body who has willfully disclosed confidential information to the grand jury for investigation and possible accusation under specified procedures. The bill would provide that a local agency may not take any of these actions against a person for making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, expressing an opinion concerning the propriety or legality of actions taken by a legislative body in closed session, including disclosing specified facts to a district attorney or grand jury to establish the illegality of action taken or potential illegality of action deliberated upon that would be illegal if the action is taken, or disclosing information acquired by being present in a closed session that is not confidential information. The people of the State of California do enact as follows: SECTION 1. Section 54963 is added to the Government Code, to read: 54963. (a) A person may not disclose confidential information that has been acquired by being present in a closed session authorized by Section 54956.7, 54956.8, 54956.86, 54956.87, 54956.9, 54957, 54957.6, 54957.8, or 54957.10 to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information. (b) For purposes of this section, "confidential information" means a communication made in a closed session that is specifically related to the basis for the legislative body of a local agency to meet lawfully in closed session under this chapter. 19C-5 Exhibit 1 (c) Violation of this section may be addressed by the use of such remedies as are currently available by law, including, but not limited to: (1) Injunctive relief to prevent the disclosure of confidential information prohibited by this section. (2) Disciplinary action against an employee who has willfully disclosed confidential information in violation of this section. (3) Referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to the grand jury. (d) Disciplinary action pursuant to paragraph (2) of subdivision (c) shall require that the employee in question has either received training as to the requirements of this section or otherwise has been given notice of the requirements of this section. (e) A local agency may not take any action authorized by subdivision (c) against a person, nor shall it be deemed a violation of this section, for doing any of the following: (1) Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury that are necessary to establish the illegality of an action taken by a legislative body of a local agency or the potential illegality of an action that has been the subject of deliberation at a closed session if that action were to be taken by a legislative body of a local agency. (2) Expressing an opinion concerning the propriety or legality of actions taken by a legislative body of a local agency in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action. (3) Disclosing information acquired by being present in a closed session under this chapter that is not confidential information. (f) Nothing in this section shall be construed to prohibit disclosures under the whistleblower statutes contained in Section 1102.5 of the Labor Code or Article 4.5 (commencing with Section 53296) of Chapter 2 of this code. 19C-6 Exhibit 1 POLITICAL REFORM ACT VIOLATIONS Referred to: Fair Political Practices Commission( (FPPC) Mission of the Enforcement Division: The mission of the Fair Political Practices Enforcement Division is to fairly, effectively and efficiently enforce the provisions of the Political Reform Act. What We Do: The Act gives the Division the authority to investigate and administratively prosecute violations of the Political Reform Act. A violation of the Act may be prosecuted for a penalty fine of up to $5,000 for each violation. The team of Enforcement Division investigators, attorneys, auditors, political reform consultants and support staff works vigorously to ensure that cases are handled swiftly, effectively and fairly. Enforcement Process: A matter will be fully investigated when there is sufficient information to believe that a violation of the Act has occurred. Information regarding potential violations of the Act comes from citizen complaints, referrals from other governmental agencies, media reports, audit findings or may be identified internally. When sufficient evidence exists to prove a violation of the Act, the Enforcement Division will bring a prosecution action to the Commission, or may issue a Warning Letter, depending upon the facts of the case and the public harm caused. If the evidence is insufficient to warrant prosecution, a case may be closed with an Advisory Letter or without violation. The Enforcement Division also operates a campaign audit program of both mandatory and discretionary audits. 19C-7 Exhibit 1 How to File a Complaint: Anyone who suspects a violation of the Act should file a sworn complaint with the Enforcement Division. To file a complaint click the button below. Violations of the Act include: • Conflict of interests, • Campaign money laundering, • Gift limit violations, • Campaign mass mailing at public expense, Failure to file or report all interests on required Statements of Economic Interest • Inadequate, untimely, or no filing of required campaign statements and reports, • Improper campaign reporting, • Improper receipt of campaign funds, including receiving funds from anonymous sources and contributions in excess of limits, • Improper expenditures of campaign funds, including using campaign funds for personal use. Violations do NOT include: • False or misleading campaign materials, • Election fraud, • Misuse of public funds unrelated to campaign mass mailing, • Violations of the Elections Code, the Penal Code, or any laws other than the Political Reform Act, • Issues related to Federal campaigns, • Open meeting law issues (Brown Act, Bagley -Keene), • Local ordinances, • Vandalism of campaign signs. • Residency requirements for running for or holding office. FPPC Toll -Free 1-866-ASK-FPPC (1-866-275-3772) Monday through Thursday 9:OOam - 11:30am 19C-8 Exhibit 1 CODE OF ETHICS AND VALUES VIOLATIONS Values based Code • The City Attorney, or his/her designee, shall serve as a resource person to those persons covered by the code to assist them in determination of appropriate actions consistent with the Code. Code associated with AB1234 (State's Ethics Training) Fair Political Practices Commission enforces AB1234 violations. Code Adopted via Resolution on June 2, 2008 The people of the City of Santa Ana, at an election held on February 5, 2000, approved an amendment to the City Charter of the City of Santa Ana which states: "The City of Santa Ana shall adopt a Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government elected and appointed officials." Consistent with the vote of the people, the following Code of Ethics and Conduct is hereby adopted by the City of Santa Ana to ensure effective and fair operation of the local government of the City of Santa Ana. PREAMBLE It is the intent of this code to achieve fair, ethical, and accountable local government for the City of Santa Ana. The people of Santa Ana expect public officials, both elected and appointed, to comply with both the letter and the spirit of the laws of the State of California, the United States of America, and the Charter, Municipal Code, and established policies of the City of Santa Ana affecting the operations of local government. In addition, public officials are expected to comply with the provisions of this Code of Ethics and Conduct established pursuant to the expressed will of the people. All persons covered by this code will aspire to meet the highest ethical standards in the conduct of their responsibility as an elected or appointed official of the City of Santa Ana. This code addresses various aspects related to the governance of the City of Santa Ana and supplements, but does not supplant other laws and rules that prescribe the legal responsibilities of City officials. These include, but are not limited to, the Federal and State Constitutions, various provisions of the California Government Code (such as the Brown Act and the Political Reform Act), the Labor Code, laws prohibiting discrimination and harassment, and the City of Santa Ana Charter and Municipal Code. Elected and appointed officials are expected to be familiar with these laws to ensure that they exercise their public responsibilities in a proper fashion. This code is not designed to be used as a tool to remove appointed officials, as the City 19C-9 Exhibit 1 Council retains the right under the Charter and Municipal Code to remove appointed officials in accordance with those provisions. While it is not possible to anticipate and provide a rule of conduct and ethics for all situations that public officials may face, this Code of Ethics and Conduct is designed to provide a framework to guide public officials in their daily duties. SCOPE The provisions of this Code of Ethics and Conduct shall apply to the Mayor and members of the City Council, and to all members of the boards, commissions, and committees appointed by the City Council or the Mayor or the Mayor and City Council, including any ad hoc committees. Further, the provisions of this Code of Ethics and Conduct shall only apply to these officials and members acting in their official capacities and in the discharge of their duties. CORE VALUES Attitudes, words, and actions should demonstrate, support, and reflect the following qualities and characteristics for the well being of our community. The five core values and expressions that reflect these core values are as follows: INTEGRITY/ HONESTY 1 am honest with my fellow elected officials, the public and others. • 1 do not promise what I believe to be unrealistic. • I am prepared to make unpopular decisions when my sense of the public's best interests requires it. • 1 credit others' contributions to moving our community's interests forward. I do not knowingly use false or inaccurate information to support my position or views. • 1 safeguard the ability to make independent, objective, fair and impartial judgments by scrupulously avoiding financial and social relationships and transactions that may compromise, or give the appearance of compromising, objectivity, independence, and honesty. RESPONSIBILITY/PROTECTING THE PUBLIC'S INTERESTS I do not accept gifts, services or other special considerations because of my public position. • 1 excuse myself from participating in decisions when my or my immediate family's financial interests may be affected by my agency's actions. • 1 do not give special treatment or consideration to any individual or group beyond that available to any other individual. • 1 refrain from disclosing confidential information concerning litigation, personnel, property, or other affairs of the City, without proper legal authority, nor use such information to advance my financial or other personal interests. 19C-10 Exhibit 1 FAIRNESS/ACCOUNTABILITY • 1 promote meaningful public involvement in the agency's decision-making processes. • 1 treat all persons, claims and transactions in a fair and equitable manner; I make decisions based on the merits of the issue. • If I receive substantive information that is relevant to a matter under consideration from sources outside the public decision-making process, I publicly share it with my fellow governing board members and staff. • 1 work to contribute to a strong organization that exemplifies transparency and open communication. RESPECT FOR FELLOW ELECTED OR APPOINTED OFFICIALS, STAFF, AND THE PUBLIC • 1 treat my fellow officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community. • I work towards consensus building and gain value from diverse opinions. • I respect the distinction between the role of office holder and staff; I involve staff in meetings with individuals, those with business before the agency, officials from other agencies and legislators to ensure proper staff support and to keep staff informed • 1 conduct myself in a courteous and respectful manner at all times during the performance of my official City duties. • 1 encourage full participation of all persons and groups; I am aware and observe important celebrations and events which reflect the values of our diverse population. PROPER AND EFFICIENT USE OF PUBLIC RESOURCES • 1 do not use public resources, such as agency staff time, equipment, supplies or facilities, for private gain or personal purposes. • 1 make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the agency, especially its financial stability. • 1 demonstrate concern for the proper use of agency assets (such as personnel, time, property, equipment, funds) and follow established procedures. 1 am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its residents. IMPLEMENTATION AND ENFORCEMENT City of Santa Ana elected and appointed officials of the various boards, commissions and committees have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. This code of ethics will be most effective when the elected and appointed officials are thoroughly familiar with it and embrace its provisions. 19C-11 Exhibit 1 Upon adoption of this code, all current elected or appointed officials shall be given a copy of the code and asked to affirm in writing that they have received the code, understand its provisions, and pledge to conduct themselves by the code. All new members of the City Council, upon election or reelection, and members of boards, commissions, and committees appointed by the City Council, upon appointment or reappointment, shall be given a copy of the code and are required to affirm in writing they have received the code and understand its provisions, and pledge to conduct themselves by the code. Additionally, all members of the City Council, boards, commissions, and committees, as part of their AB1234 training, shall be provided additional training clarifying the provisions and application of this code. The City Attorney, or his/her designee, shall serve as a resource person to those persons covered by the code to assist them in determination of appropriate actions consistent with the code. A periodic review of the code shall be conducted to ensure that the code is an effective and vital document. This Code of Conduct is intended to be a reflection of the community's values as articulated by the Mayor and City Council as they represent the will of the people of the City of Santa Ana. 19C-12 Exhibit 1 CHARTER AND MUNICIPAL CODE VIOLATIONS No reporting mechanism; following Charter provisions may apply: Charter Section 420. - Violation and penalty. The City Council may make the violation of its ordinances a misdemeanor or infraction which may be prosecuted in the name of the People of the State of California or may be redressed by civil action and may prescribe punishment for such misdemeanor or infraction in the same manner as provided in the penal code of the State of California as the same now reads or as hereafter amended. (Ord. No. NS -1642, 8-2-82, approved at election 11-2-82) Charter Section 1100. - Investigations by the city council or city manager. The City Council, the City Manager, or any person or committee authorized by either of them, shall have power to inquire into the conduct of any office, department, agency, or officer of the City and to make investigation as to City affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers, and other evidence. Charter Section 1501. - Violations. The violation of any provision of this charter shall be deemed a misdemeanor and be punishable upon conviction in the same manner as provided in the Penal Code of the State of California as the same now reads or as hereafter amended. (Ord. No. NS -2074, § 9, 8-6-90, approved at election 11-6-90) 19C-13 19C-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR AUGUST 2018 {STRATEGIC PLAN NO. 5, 11 C Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for August 2018. DISCUSSION The August 2018 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. The Strategic Plan Monthly Reports are available on the City's website at: hftp://www.santa-ana.org/strateaic-pIanning/. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. 1913-1 19D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: APPROVE APPROPRIATION ADJUSTMENT RECOGNIZING EQUITABLE SHARING FUNDS FROM THE FEDERAL DEPARTMENT OF JUSTICE (STRATEGIC PLAN NO.1.3) �! r ll� r ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •I:• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment recognizing $474,316 in the Equitable Sharing — DOJ revenue account (no. 16614002 — 57410 ) and appropriate same to the Equitable Sharing — DOJ expenditure accounts (nos. 16614450 -various) for the 2017-18 fiscal year. 2. Approve an appropriation adjustment recognizing $172,695 in the Equitable Sharing — DOJ revenue accounts (nos. 16614002 — various) and appropriate same to the Equitable Sharing — DOJ expenditure accounts (nos. 16614450 -various) for the 2018-19 fiscal year. DISCUSSION The Department of Justice Asset Forfeiture Program encompasses the seizure and forfeiture of assets that represent the proceeds of, or were used to facilitate federal crimes. The primary mission of the Program is to employ asset forfeiture capabilities in a manner that enhances public safety and security. This is accomplished by removing the proceeds of crime and other assets relied upon by criminals and their associates to perpetuate their criminal activity against our society. Asset forfeiture has the ability to disrupt or dismantle criminal organizations that would continue to function if we only convicted and incarcerated specific individuals. The Santa Ana Police Department participates in the Orange County Regional Narcotics Suppression Program (RNSP). It is the primary mission of RNSP to target, investigate, and prosecute individuals who organize, direct, finance, or otherwise engage in high-level (major) illicit drug trafficking enterprises or money laundering operations. A high priority is placed on those subjects who are engaged in the importation of illegal drugs into or through Orange County and the interdiction of such illicit trafficking pipelines. An adoption occurs when a local agency or task force seizes property and requests one of the federal seizing agencies to adopt the seizure and proceed with federal forfeiture. Once the cases are adjudicated, participating agencies receive a percentage of the forfeited funds. 20A-1 Appropriation Adjustment — Equitable Sharing Funds September 18, 2018 Page 2 This appropriation adjustment will recognize $647,011 in the Police Department's Equitable Sharing Fund to be used to enhance law enforcement operations. The Santa Ana Police Department typically uses equitable shared funds for law enforcement equipment and services, to provide training, and to supplement overtime. Recently, the Police Department has used equitable sharing funds to fund the implementation of the Department's integrated software system, the body -worn camera program, PAAL Center programming, recruitment events, and Peer Support Training. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization). FISCAL IMPACT The appropriation adjustments will recognize $474,316 in the Equitable Sharing — DOJ revenue accounts (nos. 16614002 — 57410 ) and appropriate same to Equitable Sharing — DOJ expenditure accounts (nos. 16614450 -various) for the FY 2017-18 fiscal year. In addition, a separate appropriation adjustment will recognize $172,695 in the Equitable Sharing — DOJ revenue accounts (nos. 16614002 — various) and appropriate same to Equitable Sharing — DOJ expenditure accounts (nos. 16614450 - various) for the FY 2018-19 fiscal year. alentin Chief of Police Santa Ana Police Department 4APPROED GAS FUNDS AND ACCOUNTS: Sergio Vidal Assistant Director Finance and Management Services Agency 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: CONTRACTS AWARD FOR FIRE ALARM SYSTEMS MAINTENANCE, REPAIR, AND INSPECTIONS (SPECIFICATION NO. 18-063) (STRATEGIC PLAN NO. 6, 1C) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award contracts for citywide fire alarm systems maintenance, repair, and inspections for a three- year period expiring August 31, 2021, with provisions for two one-year renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $100,000 subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Cal Building Systems Brea Champion Fire Systems, Inc. Rancho Cucamonga Majestic Fire Inc. Sherman Oaks Omega Fire Inc. San Dimas Siemens Industry, Inc. Cypress Telnet VOIP, Inc. EI Segundo VFS Fire & Security Services Orange DISCUSSION City facilities are equipped with Fire and Life systems for the protection of life and property. The fire alarm systems and related system devices require inspection, preventive maintenance and repairs to ensure continued operation. Additionally, the alarm systems are tested regularly in accordance with the State of California Fire Marshall regulations and National Fire Protection Association rules. On May 16, 2017 the City Council awarded a contract to Simplex Grinnell LP for fire alarm systems maintenance. While Simplex Grinnell LP holds proprietary ownership of the software used in the fire alarm systems throughout the city, most all of the equipment can be serviced by other vendors. The 2017 contract provided uninterrupted service and State regulated compliance, while allowing staff time to solicit qualified firms and ultimately create a list of contractors that can provide services in the most efficient and cost effective manner. 22A-1 Contracts Award for Fire Alarm Systems Maintenance, Repair and Inspections September 18, 2018 Page 2 The notice inviting bids was advertised on July 24, 2018, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 138 Vendors were notified 26 Vendors downloaded the bid packet 7 Bids received 0 Bid received from a Santa Ana vendor Bids were solicited, opened on August 13, 2018, and evaluated (Exhibit 1). The bids received from the recommended vendors are responsive to the specifications, meet the City's requirements and comply with prevailing wage requirements. Staff recommends awarding contracts to seven vendors to allow for competitive quotes on individual jobs and scheduling flexibility. STRATEGIC PLAN ALIGNMENT Approval of this item supports City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). FISCAL IMPACT Funds in the amount of $83,333 are available in FY 2018-19 (September — June 2019) as follows: Department Account No. FY 2018-19 Building Maintenance- Contract Services 07310100-62300 $58,334 Building Maintenance- Misc. Operating Expenses 07310100-63001 $16,666 PWA- SARTC — Contract Services 06717650-62300 $5,833 PWA- SARTC — Misc. Operating Expenses 06717650-63001 $2,500 TOTAL $83,333 Funds for the second and third year of the contract and the two one-year renewal periods will be budgeted and made available in FY 2019-20, 2020-21, 2021-22, 2022-23 and 2023-24 as follows: 22A-2 Contracts Award for Fire Alarm Systems Maintenance, Repair and Inspections September 18, 2018 Page 3 Fuad S. Sweiss Executive Director Public Works Agency eg Exhibit: 1. Abstract of Bid W TO FUNDS AND ACCOUNTS: Sergio Vidal Assistant Director Finance and Management Services Agency 22A-3 Anticipated Expenditure FY FY FY FY FY Department Account No. 2019-20 2020-21 2021-22 2022-23 2023-24 Building Maintenance — 07310100- $70,000 $70,000 $70,000 $70,000 $11,668 Contract Services 62300 Building Maintenance — 07310100- Misc. Operating 63001 $20,000 $20,000 $20,000 $20,000 $3,333 Expenses PWA- SARTC - Contract 06717650- $7,000 $7,000 $7,000 $7,000 $1,166 Services 62300 PWA- SARTC- Misc. 06717650- $3,000 $3,000 $3,000 $3,000 $500 Operating Expenses 63001 Totals 1 $100,000 $100,000 $100,000 $100,000 $16,667 Fuad S. Sweiss Executive Director Public Works Agency eg Exhibit: 1. Abstract of Bid W TO FUNDS AND ACCOUNTS: Sergio Vidal Assistant Director Finance and Management Services Agency 22A-3 ABSTRACT OF BIDS FIRE ALARM SYSTEMS INSPECTION, REPAIR AND MAINTENANCE (16-063) (ALL FIGURES ARE HOURLY RATES) EXHIBIT 1 22A-4 Siemens Industry, Inc Cypress $156 $156 $156 $156 $203 Telenet VFS.Fire & VOIP, Inc. .Security El Segundo Orange. $185 $250 $150 $185 $300 Travel Fee: $75 $120 $135 $120 $135 $185 Truck Charge: $60 Champion Cal Fire Building Systems, Majestic Omega Vendor .Systems Inc. Fire, Inc. Fire Inc Rancho Sherman San Location Brea Cucamonga - Oaks Dimas Fire Alarm System (Normal business hours) Inspection, Testing and Maintenance $120 $195 $85- *$165 Automatic Sprinkler (Normal business hours) Inspection, Testing and Maintenance $120 $195 $85 *$165 Smoke Detector (Normal business hours) Inspection, Testing and Maintenance $120'' $195 , $85 *$145 Maintenance Requests (Normal business hours) on fire alarm sys, monitoring sys & - related equip. $120 $195 $85 $65 After Hours Labor Rate $180 $225 $125 $105 Trip Fee: Additional Charges $105 *3 hour min EXHIBIT 1 22A-4 Siemens Industry, Inc Cypress $156 $156 $156 $156 $203 Telenet VFS.Fire & VOIP, Inc. .Security El Segundo Orange. $185 $250 $150 $185 $300 Travel Fee: $75 $120 $135 $120 $135 $185 Truck Charge: $60 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: EXECUTE AN AGREEMENT WITH BASIC HR SERVICES FOR ADMINISTRATION AND TRACKING SERVICES OF EMPLOYEE LEAVES OF ABSENCE AND A BUSINESS ASSOCIATE AGREEMENT (STRATEGIC PLAN NO. 7,5A) Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r_\:7C 100A ; ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with BASIC HR Services for an annual reoccurring amount of $16,660 for Family Medical and Leave Act "FMLA" Administration and other qualified leaves under Federal and State Law and Tracking Services of these leaves and other employee leaves of absence, for three (3) years for the period of September 1, 2018 through August 31, 2021 and with two (2) one year renewals of $17,500 each additional year, not to exceed $85,000 over a five (5) year period. Subject to non -substantive changes approved by the City Manager and City Attorney; and 2. Authorize the City Manager and Clerk of Council to execute a business associate agreement with BASIC to supplement the BASIC "FMLA" Administration agreement and outline each party's privacy rights and obligations under the BASIC agreement. DISCUSSION In alignment with the City Strategic Plan, which promotes innovation and efficiency, staff recommends adopting an agreement with BASIC; in order to provide a FMLA administration and tracking services for employee's leave of absence. The agreement will help automate business processes for greater efficiency, process improvement and compliance with the Department of Labor. The services will assist the City's Human Resources Department with Federal and State qualified leave record keeping and notification regulations by recording dates and increments of time pertaining to qualified leaves of absence taken by eligible employees storing copies of employee histories, created for purposes of FMLA. The services will also include; providing timely notices, forms and determination letters to employees; provide consistent, non -biased qualified leave administration; track employee 12 -month qualifying period and produce reports based on Employer data; collect medical certification forms; provide a web and phone reporting system for employees to report their request for leave time that may qualify them for federal and state qualified leaves and to notify the Employer of those requests; provide a web based dashboard to designated staff of Human Resources for review and intake review; and review City's Family and Medical Leave Policy and recommend changes if necessary; to attend an audit held by the 25A-1 BASIC FMLA Tracking September 18, 2018 Page 2 Department of Labor or a hearing by any governmental agency or bureau, regarding compliance with qualified leaves, including any changes or modifications to the City's Family and Medical Leave Policy and the steps required to comply with the changes. The City obtained information and quotes through the City's benefits broker, Kennan and Associates. Interviews were conducted by City staff and ultimately selected, BASIC. Currently, the process of FMLA Administration and tracking is being done manually with Excel spreadsheets, which is not an efficient way to track qualified leaves of absence. It also requires, hours of staff time to run reports, log time, evaluate qualifying time and track leave time. It will also keep our City in compliance with the Department of Labor and Health Insurance Portability and Accountability Act of 1996 (HIPPA) compliance. The parties have agreed that any claim or controversy arising out of or relating to this agreement will be settled by binding arbitration in Orange County, California. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #5 (Create a culture of innovation and efficiency within the organization), Strategy A (Promote the use of new technology to improve the delivery of services and information to staff and the community). FISCAL IMPACT The agreement is for three (3) years from September 1, 2018 to August 31, 2021 at a quoted cost of $16,660 for fiscal year 2018-2019 and approximately $16,660 per subsequent fiscal years. There are two (2) one year options for renewal. If all options are exercised, the agreement would last five (5) years for a total agreement amount not to exceed $85,000. Funds will be budgeted in the Human Resources Contractual Services Account (no. 08109053-62300) in fiscal year 2018-2019, fiscal year 2019-2020 and fiscal year 2020-2021 with the following distribution: Fiscal Year/Account Three Year Agreement Human Resources Contractual Services 08109053 62300 Estimated Total Amount FY 2018-2019 $16,660 $16,660 FY 2019-2020 $16,660 $16,660 FY 2020-2021 $16,660 $16,660 Two Year Renewal Option FY 2021-2022 $17,500 $17,500 FY 2022-2023 $17,500 $17,500 TOTAL Not to Exceed: $85,000 25A-2 BASIC FMLA Tracking September 18, 2018 Page 3 rYJ�, M i St en V. Pham Executive Director Human Resources Department Exhibits: 1. Basic Service Agreement 2. Basic Business Agreement 3. Basic Fee Schedule APPROVE S TO FUNDS AND ACCOUNTS: Sergio Vidal ?Yid Assistant Executive Director Finance and Management Services Agency 25A-3 25A-4 ' xa sXuvlces BASIC FMLA EASE PLUS ADMINISTRATION AGREEMENT BASIC assists employers In complying with the Family Medical Leave Act, as amended ("FMLA"). City of Santa Ana ("Employer") employs fifty (50) or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year and, therefore, Is subject to FMLA. For the purpose of this agreement, the term "employee" means the employee of the Employer. In consideration of the mutual promises set forth In this Basic FMLA Administration Agreement ("Agreement"), effective September 1, 2018, BASIC and the Employer agree to the provisions set forth below. SECTION I: DUTIES OF BASIC BASIC agrees to assist the Employer in carrying out the duties and responsibilities regarding the FMLA, Specifically, BASIC agrees: 1. To facilitate implementation of the FMLA program including; a) To organize initial kickoff meeting with designated staff of the Employer to establish FMLA processes including timeline, FMLA sample letters, and Data import templates (demographic, historical and supervisor security); b) To confirm with the Employer unique employee ID numbers, supervisor security setup, Interactive Voice Response (IVR) option and languages and mailing of short term disability paperwork; c) To establish and hold weekly or bi-weekly meetings with designated staff of the Employer to discuss timeline and outstanding items; d) To provide web reporting for FMLA intake for the designated staff of the Employer. Standard script is English only. Customized script, such as wording changes or adding new fields, is an additional fee. Please see the pricing section for rate; e) To review FMLA Policy and recommend changes if necessary with the designated staff of the Employer. To provide FMLA policy if policy does not exist; f) To provide Ongoing Data load based on BASIC standard template; g) To provide a one-time supervisor load into FMLA dashboard based on BASIC standard template; h) To assist in the historical FMLA data loaded into BASIC system. Maximum of 12 months of employee FMLA history - based on the Employer's plan year; I) To provide electronic copies of training materials: employee brochure, FMLA FAQ, FMLA procedures and supervisor user guide for FMLA dashboard; to the designated staff of the Employer j) To provide black and white ID card for all employees of the Employer provided in Data file k) To conduct Supervisor Training on dashboard and FMLA for the designated staff of the Employer. Two (one-hour) on-line training sessions available. Sessions are recorded and provided to the Employer within one week after recording. Onsite training is available. Employer is required to pay for any travel or living expenses Incurred by the staff of BASIC to perform training; and Ongoing Administration: 1. To provide timely notices to employees, via US Mail, upon a potential qualifying event, of FMLA rights, obligations and consequences relating to the such employee's annual FMLA entitlement, certification requirements, the any employee's status as a "key employee," and restoration to the same or an E25A-5 equivalent job upon return from FMLA leave within five business days after receiving notification of the potential qualifying event; 2. To provide medical certification forms, via US Mail, to employees that are to be completed by a licensed health care provider within five business days after receiving notification of the potential qualifying event; 3. To provide timely notices, via US Mail, to employees of the result of any decision regarding FMLA qualification based on medical certification from health care provider within five business days after receiving the certification form; 4. To assist the Employer with FMLA record keeping and notification regulations by recording dates and increments of time FMLA leave is taken by FMLA eligible employees, storing copies of employee notices of leave and records and documents relating to certifications, recertification or medical histories of employees or employees' family member, created for purposes of FMLA. All records will be held for no less than three years; 5, To provide consistent, non -biased FMLA administration; 5. To track each employee's 12 -month qualifying period and produce standard reports based on Employer's data; 7. To track and administer federal and state -related leave plans: Family Medical Leave Act (FMLA) including California Family Rights Act ("CFRA") leave, Pregnancy Disability Leave (°PDL"), and qualified exigency leave. 8. To provide a web reporting system and optional IVR system for employees to report their absences which could qualify them for FMLA and to notify the Employer of those absences; 9. To attend any audit held by the Department of Labor or a hearing by any governmental agency or bureau, regarding the Employer's compliance with FMLA and provide at the audit or hearing records and documentation demonstrating compliance with FMLA. Employer is required to pay for any travel or living expenses incurred by the staff of BASIC; 10. To provide the Employer with reports confirming that proper notice has been given to those employees who qualified for FMLA leave and to provide current and updated information to the Employer regarding compliance with FMLA, including any changes or modifications to FMLA and the steps required to comply with the changes; 11. To provide web based dashboard to the designated staff of the Employer for review and intake review; and 12. To provide the Employer with black and white ID cards for any new hire within two weeks of the new hire appearing on the data file provided by the employer. SECTION II: DUTIES OF THE EMPLOYER The Employer agrees: To provide to BASIC'S home office, data files in BASIC's format that Includes the following information, as well as any change that may occur, as It relates to employees: a. Name, address, home telephone number and office telephone number of each employee; b. Social Security Number, gender, and marital status of each employee; C. Whether the employee is married to another employee and the Identity of immediate family members of employee; d. Number of hour's employee Is regularly scheduled to work; e. Whether the employee Is considered a "key employee" as that term is defined by FMLA; f. Employee's supervisor's name, office telephone and telefax numbers; g. Employee's date of hire and date of termination of employment; 25A-6 $17,500 for each year of the optional renewal terms. The total not to exceed amount for the term of the Agreement Including all optional renewals is $85,000. After the initial three (3) year period, BASIC may adjust fees, with a ninety day (90) written notice, based on more than a two percent (2%n) increase in administration, for eligible members. Any unpaid fee shall be immediately due upon termination of this Agreement. Each party agrees to maintain, on a confidential basis, all information that the other has designated as confidential or proprietary ("Confidential Information") and will not disclose that Confidential Information to any third party (except to consult with their respective attorneys or accountants) unless otherwise required by law. The parties agree to use the Confidential Information to facilitate the performance or enforcement of this Agreement and for no other purpose. SECTION V: INDEMNIFICATION; COOPERATION The Employer shall be solely responsible for FMLA compliance prior to the effective date of this Agreement and shall hold BASIC harmless for any action or failure to act in accordance with FMLA prior to such effective date. BASIC will hold the Employer harmless for any action or failure made by BASIC. It shall not be responsible for any action or failure caused by the Employer. If an employee files any type of claim, lawsuit or charge against the Employer and/or BASIC, alleging a violation(s) of law the Employer and BASIC will cooperate with the other's defense of such claim, lawsuit or charge. The Employer and BASIC will make available to each other upon request any and all non -privileged documents that either party has In its possession that relate to any such claim, lawsuit or charge. This provision, however, shall not preclude the raising of cross claims or third -party claims between the Employer and BASIC, if the circumstances justify such proceedings. The parties agree that this provision shall survive the termination of this Agreement. SECTION VI: MISCELLANEOUS PROVISIONS Each party represents and warrants to the other that execution of and the parties' performance of obligations under this Agreement have been duly authorized by their respective entities and that this is a valid and legal Agreement that is binding on each party and enforceable in accordance with its terms. Each provision In this Agreement is separate. If any provisions of this Agreement are ever held by a court to be unreasonable, the Parties agree that this Agreement shall be enforced to the extent it is deemed to be reasonable and in such a manner as to make this Agreement, as modified, legal and enforceable under applicable laws, and the balance of this Agreement shall not be affected, the balance being construed as severable and independent. Either party's failure to exercise or delay in exercising any power or right under this Agreement shall not operate as a waiver, or shall any single or partial exercise of any such right or power preclude any other or further exercise thereof or the exercise of remedies otherwise available in equity or at law. BASIC will provide evidence of errors and omissions or professional liability insurance coverage to Employer in the amount of $1,000,000 per occurrence and $1,000,000 of cyber liability insurance coverage prior to the start of work pursuant to this Agreement. BASIC will maintain such insurance coverages throughout the term of this Agreement and will provide evidence of such coverages upon reasonable request and when renewed. Failure to maintain insurance coverages is cause for immediate termination of said Agreement. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original but all of which together will constitute one and the same instrument. Without written consent of the other party, neither this Agreement nor any of Its benefits or obligations is assignable. For purposes of this agreement, a signed copy delivered by facsimile or electronically shall be treated by the parties as an original of this agreement and shall be given the same force and effect. An electronic signature captured within a software system will result in a legally binding contract under applicable state law, This Agreement shall be governed by and interpreted in accordance with California law. 25A-7 h. Employee's hours worked in prior 12 -month period; and Employee's assigned department. 2. To provide to BASIC'S home office copies of the following information, and any change that may occur, as it relates to the Employer's workforce and policies: a. Sick and Personal time, Vacation, Paid Time Off, Health Insurance, and Attendance, Workers Compensation, Medical Leave and Family Medical Leave Act policies; b. Number of employees within a 75 -mile radius and number of Full -Time Equivalents (FTE's); 3. To provide BASIC with up-to-date, pertinent information relating to the balance of time under FMLA that each employee is eligible to take during the 12 -month qualifying period as of the effective date of this Agreement. The parties agree that BASIC may rely on and act in accordance with any information or other Instruction believed by BASIC in good faith to be genuine and properly given; 4. To send out required COBRA forms upon the expiration of the approved FMLA leave if the employee falls to return to work; 5. To post the required notice of FMLA rights in conspicuous places, as required by the FMLA; 6. To Inform employees whether and how premiums payments are to be made in order to maintain insurance benefits, the consequences If they fail to do so, and the employee's potential liability to repay any premiums by the Employer during the employee's unpaid FMLA leave if the employee fails to return to work after taking FMLA leave, as provided by the FMLA; 7. To inform employees whether, and to what extent, paid time off must be exhausted as part of the FMLA leave; a To Inform employees of any requirement for the employee to present a fitness -for -duty certificate to be restored to employment; 9. To include an FMLA policy in the employee handbook, if the Employer has an employee handbook; 10. To facilitate the return to work process and Inform BASIC of any changes in the previously approved FMLA leave period; 11. To maintain the FMLA dashboard administrative section, this includes adding, deleting, and changing supervisor access as changes occur internally; and 12. To review daily, weekly, and/or monthly reports to ensure accuracy of information. SECTION I: RELATIONSHIP OF PARTIES; TERMINATION The parties Intend that an independent contractor -employer relationship will be created by this Agreement. BASIC shall have exclusive control and direction over its work. BASIC is not an agent or employee of the Employer for any purpose, and the employees are not employees of BASIC. It Is understood that BASIC may, in its sole discretion, enter Into an agreement for similar services to be performed for other employers not related to the Employer while this Agreement is In effect with Employer. Further, nothing set forth in this Agreement shall be construed as creating a partnership, joint venture or agency relationship between Employer and BASIC. The term of this Agreement shall be for three years from the effective date noted on page one of this Agreement with two (2) one year options to renew exercisable at the sole discretion of the Employer and subject to approval by BASIC. This Agreement can be canceled by BASIC or the Employer by providing the other party sixty (60) days written notice of the termination. SECTION V: BILLING FOR SERVICES RENDERED; CONFIDENTIALITY The Employer agrees to pay BASIC for services rendered within thirty (30) days of receipt of written invoice to Employer. The fees and payment terms are specified in the Fee Schedule that is attached to this Agreement. Annually, the compensation authorized by this Agreement shall not exceed $50,000 for the first three years and 25A-8 1.1 Notices. Any notice to be given hereunder to any Party hereto shall be in writing and delivered personally or by registered or certified national mail service or by any overnight courier service, postage or fees prepaid, addressed to the respective Party at the address set forth in this Agreement. 1.2 Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, will be settled by arbitration in California, specifically Orange County in accordance with the Commercial Arbitration Rules of the American Arbitration Association, using three arbitrators, and judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. Any legal or financial services required to resolve any controversy or claim relating to this Agreement shall be paid for by the losing party. 1.3 Amendment: Entire Agreement. The Addendum(s) to this Agreement are incorporated herein by reference as if set out herein in their entirety. This Agreement, Including the Addendum(s) to this Agreement constitutes the entire agreement between the Parties hereto relating to the subject matter hereof, and supersedes all prior or contemporaneous negotiations, agreements, representations and understandings, whether oral or written, related to the subject matter. This Agreement may be amended only by mutual written agreement of the Parties and no amendment, modification, change, waiver or discharge hereof shall be valid unless in writing and signed by an authorized representative of the Party against which such amendment, modification, change, waiver, or discharge is sought to be enforced. 1.4 Section Headings. The Section headings herein are for convenience only and are not intended to affect the meaning or interpretation of this Agreement. 1.5 Counterparts. This Agreement may be executed in several counterparts, all of which taken together shall constitute one single agreement between the Parties hereto. 1.6 Consents and Approval. Except where expressly provided as being in the sole discretion of a Party, where agreement, approval, acceptance, consent, confirmation, notice or similar action by either Party is required under this Agreement, such action shall not be unreasonably delayed or withheld. An approval or consent given by a Party under this Agreement shall not relieve the other Party from responsibility for complying with the requirements of this Agreement, nor shall it be construed as a waiver of any rights under this Agreement, except as and to the extent otherwise expressly provided in such approval or consent. 1.7 Further Assurances. Each Party covenants and agrees that, subsequent to the execution and delivery of this Agreement and without any additional consideration, each Party shall execute and deliver any further legal Instruments and perform any acts that are or may become necessary to effectuate the purposes of this Agreement. 1.8 Performance of Responsibilities Except as otherwise provided in this Agreement, each Party covenants that it shall perform its responsibilities under this Agreement in a manner that does not infringe, or constitute an infringement or misappropriation of, any patent, copyright, trademark, trade secret or other proprietary rights of any third party; provided, however, that the performing Party shall not have any obligation or liability to the extent any infringement or misappropriation is caused by (i) modifications made by the other Party or Its contractors or subcontractors, without the knowledge or approval of the performing Party;( 11) the other Party's combination of the performing Party's work product or Materials with Items not furnished, specified or reasonably anticipated by the performing Party or contemplated by this Agreement; (iii) a breach of this Agreement by the other Party; (iv) the failure of the other Party to use corrections or modifications provided by the performing Party offering equivalent features and functionality, or (v)Third Party Software, except to the extent that such infringement or misappropriation arises from the failure of the performing Party to obtain the necessary licenses or required consents or to abide by the limitations of the applicable Third Party Software licenses. Each Party further covenants that it will not use or create materials in connection with the Services which are libelous, defamatory or obscene. 1.9 Covenant of Good Faith. Each Party agrees that, in Its respective dealings with the other Party under or in connection with this Agreement, it shall act in good faith. 25A-9 1.10 Severabiiity. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such Invalidity, illegality, or unenforceability shall not affect any of the other provisions of this Agreement, and this Agreement shall be construed as if such provision(s) had never been contained herein, provided that such provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, Illegality, or unenforceability. 1.11 Waiver: No Oral Modification. No waiver by the Service Provider of any breach by Client of any of the provisions of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No such waiver shall be effective unless it is in writing signed by the Parties hereto, and then only to the extent expressly set forth in such writing. No modification of this Agreement shall be effective unless it is in writing and signed by the Parties hereto, and then only to the extent set forth in such writing._ 1.12 NoAssignment. No benefit or duty under this Agreement shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to do so shall be void. 5T1 le] Signature: _ Print Name: Title: Date: Employer: See attached Signature: Print Name: Title: Date: 25A-10 ATTEST: MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:CJUUL� Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: STEVEN V. PHAM Executive Director of Human Resources Revised 01114/2016 CITY OF SANTA ANA Raul Godinez, ll. City Manager tl 25A-11 HSI( MR ".• MR SERVICES FEE SCHEDULE Per Employee per Month (PEPM) Fee $1.32 Optional Services below (additional fees apply If selected): • Additional languages for IVR: Add $800 for Spanish (other languages quoted) • Customized IVR Scripts: $150/hour • Updating & Script Revisions for IVR: $150/hour • BASIC has the right to apply additional fees for any service outside the scope of its contracted services. • IT development for special processing, custom reports, and data formatting/cleansing- $125/hour • Intake script customization or mid -year changes - $125/ hour • Second and Third Opinion on FMLA: $100 per event and cost of doctor visit • EDI (,Electronic Data Interchange): A. Monthly Fees (if applicable): Monthly fees will be assessed on a case by case basis for each line of service (likely between $50 and $250 per month) for EDI files with the following issues: a. Files not provided in BASIC's format b. Required data is missing/not provided c. Data is inaccurate or conflicting data Is provided d. Files transmitted in a non-standard manner e. Other reasons as determined by BASIC THE EMPLOYER TO INTIAL WITH ACCEPTANCE OF FEES HERE Revised 5.25.17 25A-12 4bflsl( BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement, is entered into as of September 1, 2018, by and between The City of Santa Ana (the "Plan" or "Covered Entity"); and Benefit Administration Services International Corporation (the "Business Associate"). WITNESSETH: WHEREAS, the Covered Entity previously has entered into an agreement (the "Agreement") with the Business Associate, whereby the Business Associate has agreed to provide certain services to the Plan; WHEREAS, to provide such services to the Plan, the Business Associate must have access to certain protected health information ("Protected Health Information" or "PHI"), as defined in the Standards for Privacy of Individually Identifiable Health Information (the "Privacy Standards") set forth by the U.S. Department of Health and Human Services ("HHS") pursuant to the Health Insurance Portability and Accountability Act of 1998, ("HIPAA") and amended by the Health Information Technology for Economic and Clinical Health Act ("HITECH Act"), part of the American Recovery and Reinvestment Act of 2009 ("ARRA"), the Genetic Information Nondiscrimination Act of 2008 ("GINA"), and the final regulations to such Acts promulgated in January 2013; WHEREAS, to comply with the requirements of the Privacy Standards, the Covered Entity must enter into this Business Associate Agreement with the Business Associate. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and Intending to be legally bound hereby, the parties hereto agree as follows: I. Definitions The following terms used in this Agreement shall have the same meaning as those terms in the Privacy Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Secretary, Subcontractor, and Use. If other terms are used, but not otherwise defined under this Business Associate Agreement, such terms shall then have the same meaning as those terms in the Privacy Rule. (a) Business Associate. "Business Associate" shall generally have the same meaning as the term "business associate" at 45 CFR 160.103. (b) Covered Electron& Transactions. "Covered Electronic Transactions" shall have the meaning given the term "transaction"" in 45 CFR §160.103. (c) Covered€ntity. "Covered Entity" shall generally have the same meaning as the term 'covered entity" at 45 CFR 160.103. (d) Electronic Protected Health information. "Electronic Protected Health Information" shall have the same meaning as the term "electronic protected health information" in 45 CFR §160.103. (e) Genetic Information. "Genetic Information" shall have the same meaning as the term "genetic Information" in 45 CFR §160.103. (t7 HIPAA Rules. "HIPAA Rules" shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164. (g) Indivl ual. "Individual" shall have the same meaning as the term "individual" in 45 CFR §160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR §164.502(g). (h) Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, subparts A and E. Exhibit 2 25A-13 (I) Protected Health Information (PHI). "Protected Health Information (PHI)" shall have the same meaning as the term "protected health information" in 45 CFR §160.103, limited to the information created or received by Business Associate from or on behalf of a Covered Entity pursuant to this Agreement. (%) Repaired By Law. "Required By Law" shall have the same meaning as the term "required by law" in 45 CFR §164.103. (k) Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human Services or his designee. (I) Standards for Electronic Transactions Rule. "Standards for Electronic Transactions Rule" means the final regulations issued by HHS concerning standard transactions and code sets under the Administration Simplification provisions of HIPAA, 45 CFR Part 160 and Part 162. (m) Security lncidenf. "Security Incident" shall have the same meaning as the term "security Incident" in 45 CFR §164,304. (n) Security Rule. "Security Rule" shall mean the Security Standards and Implementation Specifications at 45 CFR Part 160 and Part 164, subpart C. (®) Subcontractor. "Subcontractor" shall have the same meaning as the term "subcontractor" in 45 CFR §160.103. (p) Transaction. "Transaction" shall have the meaning given the term "transaction" in 45 CFR §160.103 (q) Unsecured Protected Health information. "Unsecured Protected Health Information" shall have the meaning given the term "unsecured protected health information" in 45 CFR §164.402. II. Safeguarding Privacy and Security of Protected Health Information (a) Permitted Uses and Disclosures. The Business Associate Is permitted to use and disclose Protected Health Information that it creates or receives on the Covered Entity's behalf or receives from the Covered Entity (or another business associate of the Covered Entity) and to request Protected Health Information on the Covered Entity's behalf (collectively, "Covered Entity's Protected Health information") only: (i) Functions and Activities on the Covered Entity's Behalf. To perform those services referred to In the services agreement. (ii) Business Associate's Operations. For the Business Associate's proper management and administration or to carry out the Business Associate's legal responsibilities, provided that, with respect to disclosure of the Covered Entity's Protected Health Information, either: (A) The disclosure is Required by Law; or (B) The Business Associate obtains reasonable assurance from any person or entity to which the Business Associate will disclose the Covered Entity's Protected Health Information that the person or entity will: (1) Hold the Covered Entity's Protected Health Information in confidence and use or further disclose the Covered Entity's Protected Health information only for the purpose for which the Business Associate disclosed the Covered Entity's Protected Health Information to the person or entity or as Required by Law; and (2) Promptly notify the Business Associate (who will in turn notify the Covered Entity In accordance with the breach notification provisions) of any instance of which the person or entity becomes aware in which the confidentiality of the Covered Entity's Protected Health Information was breached. (C) To de -identify the Information in accordance with 45 CFR 164.514(a) — (c) as necessary to perform those services required under the Agreement. 25A-14 (iii) Minimum Necessary. The Business Associate will, in Its performance of the functions, activities, services, and operations specified above, make reasonable efforts to use, to disclose, and to request only the minimum amount of the Covered Entity's Protected Health Information reasonably necessary to accomplish the intended purpose of the use, disclosure or request, except that the Business Associate will not be obligated to comply with this minimum -necessary limitation if neither the Business Associate nor the Covered Entity is required to limit Its use, disclosure or request to the minimum necessary. The Business Associate and the Covered Entity acknowledge that the phrase "minimum necessary' shall be interpreted in accordance with the HITECH Act. (b) Prohibition on Unauthorized Use or Disclosure. The Business Associate will neither use nor disclose the Covered Entity's Protected Health Information, except as permitted or required by this Agreement or in writing by the Covered Entity or as Required by Law. This Agreement does not authorize the Business Associate to use or disclose the Covered Entity's Protected Health Information in a manner that will violate Subpart E of 45 CFR Part 164 if done by the Covered Entity. (c) information Safeguards. (i) Privacy of the Covered Entity's Protected Health information. The Business Associate will develop, Implement, maintain, and use appropriate administrative, technical, and physical safeguards to protect the privacy of the Covered Entity's Protected Health Information. The safeguards must reasonably protect the Covered Entity's Protected Health Information from any Intentional or unintentional use or disclosure in violation of the Privacy Rule and limit incidental uses or disclosures made to a use or disclosure otherwise permitted by this Agreement. (ti) Security of the Covered Entity's Electronic Protected Health Information. The Business Associate will develop, implement, maintain, and use administrative, technical, and physical safeguards that reasonably and appropriately protect the confidentiality, Integrity, and availability of Electronic Protected Health Information that the Business Associate creates, receives, maintains, or transmits on the Covered Entity's behalf as required by the Security Rule. The Business Associate will comply with Subpart C of 45 CFR Part 164 with respect to Electronic Protected Health Information, to prevent use or disclosure of protected health information other than as provided for by the Agreement, (iii) No Transfer of PHI Outside United States. Business Associate will not transfer Protected Health Information outside the United States without the prior written consent of the Covered Entity. In this context, a "transfer" outside the United States occurs if Business Associate's workforce members, agents, or subcontractors physically located outside the United States are able to access, use, or disclose Protected Health Information. (iv) Policies and Procedures. The Business Associate shall maintain written policies and procedures, conduct a risk analysis, and train and discipline its workforce. (d) Subcontractors and Agents. In accordance with 45 CFR 164.502(e)(1)(11) and 164.308(b)(2), if applicable, the Business Associate will ensure that any of Its Subcontractors and agents that create, receive, maintain, or transmit Protected Health Information on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such Information. (e) Prohibition on Sale of Records. As of the effective date specified by HHS in final regulations to be Issued on this topic, the Business Associate shall not directly or Indirectly receive remuneration in exchange for any Protected Health Information of an individual unless the Covered Entity or Business Associate obtained from the individual, in accordance with 45 CFR §164.508, a valid authorization that includes a specification of whether the Protected Health Information can be further exchanged for remuneration by the entity receiving Protected Health Information of that individual, except as otherwise allowed under the HITECH Act. (f) Prohibition on Use or Disclosure of Genetic Information. Business Associate shall not use or disclose Genetic Information for underwriting purposes in violation of the HIPAA rules. (g) Penalties For Noncompliance. The Business Associate acknowledges that it is subject to civil and criminal enforcement for failure to comply with the privacy rule and security rule under the HIPAA Rules, as amended by the HITECH Act. 25A-15 Compliance with Electronic Transactions Rule If the Business Associate conducts in whole or part Electronic Transactions on behalf of the Covered Entity for which HHS has established standards, the Business Associate will comply, and will require any Subcontractor or agent it involves with the conduct of such Transactions to comply, with each applicable requirement of the Electronic Transactions Rule, The Business Associate shall also comply with the National Provider Identifier requirements, if and to the extent applicable. IV. Obligations of the Covered Entity The Covered Entity shall notify the Business Associate of: (a) Any limitation(s) in its notice of privacy practices of the Covered Entity in accordance with 45 CFR §164.620, to the extent that such limitation may affect the Business Associate's use or disclosure of Protected Health Information; (b) Any changes In, or revocation of, permission by the Individual to use or disclose Protected Health Information, to the extent that such changes may affect the Business Associate's use or disclosure of Protected Health Information; and (c) Any restriction to the use or disclosure of Protected Health Information that the Covered Entity has agreed to in accordance with 45 CFR §164.522, to the extent that such restriction may affect the Business Associate's use or disclosure of Protected Health Information. V. Permissible Requests by the Covered Entity The Covered Entity shall not request the Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by the Covered Entity. VI, Individual Rights (a) Access. The Business Associate will, within twenty-five (25) calendar days following the Covered Entity's request, make available to the Covered Entity or, at the Covered Entity's direction, to an individual (or the individual's personal representative) for inspection and obtaining copies of the Covered Entity's Protected Health Information about the individual that is in the Business Associate's custody or control, so that the Covered Entity may meet its access obligations under 45 CFR §164.624. Effective as of the date specified by HHS, if the Protected Health Information is held electronically in a designated record set In the Business Associate's custody or control, The Business Associate will provide an electronic copy in the form and format specified by the Covered Entity if it is readily producible in such format; if it is not readily producible in such format, the Business Associate will work with the Covered Entity to determine an alternative form and format as specified by the Covered Entity to meet its electronic access obligations under 45 CFR 164.624. (b) Amendment. The Business Associate will, upon receipt of written notice from the Covered Entity, promptly amend or permit the Covered Entity access to amend any portion of the Covered Entity's Protected Health Information in a designated record set as directed or agreed to by the Covered Entity, so that the Covered Entity may meet its amendment obligations under 45 CFR §164,526. (c) Disclosure Accounting. The Business Associate will maintain and make available the information required to provide an accounting of disclosures to the Covered Entity as necessary to satisfy the Covered Entity's obligations under 45 CFR §164.528. (1) Disclosures Subject to Accounting. The Business Associate will record the Information specified below ("Disclosure Information') for each disclosure of the Covered Entity's Protected Health Information, not excepted from disclosure accounting as specified below, that the Business Associate makes to the Covered Entity or to a third party. (II) Disclosures Not Subject to Accounting. The Business Associate will not be obligated to record Disclosure Information or otherwise account for disclosures of the Covered Entity's Protected Health Information If the Covered Entity need not account for such disclosures under the HIPAA Rules. 25A-16 (111) Disclosure Information. With respect to any disclosure by the Business Associate of the Covered Entity's Protected Health Information that is not excepted from disclosure accounting under the HIPAA Rules, the Business Associate will record the following Disclosure Information as applicable to the type of accountable disclosure made: (A) Disclosure Information Generally. Except for repetitive disclosures of the Covered Entity's Protected Health Information as specified below, the Disclosure Information that the Business Associate must record for each accountable disclosure Is (1) the disclosure date, (2) the name and (if known) address of the entity to which the Business Associate made the disclosure, (3) a brief description of the Covered Entity's Protected Health Information disclosed, and (4) a brief statement of the purpose of the disclosure. (B) Disclosure Information for Repetitive Disclosures. For repetitive disclosures of the Covered Entity's Protected Health Information that the Business Associate makes for a single purpose to the same person or entity (Including the Covered Entity), the Disclosure Information that the Business Associate must record Is either the Disclosure Information specified above for each accountable disclosure, or (1) the Disclosure Information specified above for the first of the repetitive accountable disclosures; (2) the frequency, periodicity, or number of the repetitive accountable disclosures; and (3) the date of the last of the repetitive accountable disclosures. (iv) Availability of Disclosure Information. The Business Associate will maintain the Disclosure Information for at least 6 years following the date of the accountable disclosure to which the Disclosure Information relates (3 years for disclosures related to an Electronic Health Record, starting with the date specified by HHS). The Business Associate will make the Disclosure Information available to the Covered Entity within twenty-five (25) calendar days following the Covered Entity's request for such Disclosure Information to comply with an individual's request for disclosure accounting. Effective as of the date specified by HHS, with respect to disclosures related to an Electronic Health Record, the Business Associate shall provide the accounting directly to an individual making such a disclosure request, if a direct response is requested by the individual. To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligation(s); and make its Internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules. (d) Restriction Agreements and Confidential Communications. The Covered Entity shall notify the Business Associate of any limitations in the notice of privacy practices of Covered Entity under 45 CFR §164.520, to the extent that such limitation may affect the Business Associate's use or disclosure of Protected Health Information. The Business Associate will comply with any agreement that the Covered Entity makes that either (1) restricts use or disclosure of the Covered Entity's Protected Health Information pursuant to 45 CFR §164.522(a), or (ii) requires confidential communication about the Covered Entity's Protected Health Information pursuant to 45 CFR §164.522(b), provided that the Covered Entity notifies the Business Associate in writing of the restriction or confidential communication obligations that the Business Associate must follow. The Covered Entity will promptly notify the Business Associate in writing of the termination of any such restriction agreement or confidential communication requirement and, with respect to termination of any such restriction agreement, instruct the Business Associate whether any of the Covered Entity's Protected Health Information will remain subject to the terms of the restriction agreement. Effective February 17, 2010 (or such other date specified as the effective date by HHS), the Business Associate will comply with any restriction request If: (1) except as otherwise required by law, the disclosure is to a health plan for purposes of carrying out payment or health care operations (and is not for purposes of carrying out treatment); and (ii) the Protected Health Information pertains solely to a health care item or service for which the health care provider involved has been paid out-of-pocket in full. VII. Breaches and Security Incidents (a) Reporting. (1) Impermissible Use or Disclosure. The Business Associate will report to Covered Entity any use or disclosure of Protected Health Information not permitted by this Agreement not more than twenty-five (25) calendar days after Business Associate becomes aware of such non -permitted use or disclosure. (11) Privacy or Security Breach. The Business Associate will report to the Covered Entity any use or disclosure of the Covered Entity's Protected Health Information not permitted by this Agreement of which it becomes aware, including breaches of Unsecured Protected Health Information as required by 45 CFR 25A-17 164.410, and any Security Incident of which it becomes aware. The Business Associate will make the report to the Covered Entity's Privacy Official not more than twenty-five (25) calendar days after the Business Associate becomes aware of such non -permitted use or disclosure. If a delay is requested by a law-enforcement official in accordance with 45 CFR §164.412, the Business Associate may delay notifying the Covered Entity for the applicable time period. The Business Associate's report will at least: (A) Identify the nature of the Breach or other non -permitted use or disclosure, which will include a brief description of what happened, including the date of any Breach and the date of the discovery of the Breach; (B) Identify the Covered Entity's Protected Health Information that was subject to the non -permitted use or disclosure or Breach (such as whether full name, social security number, date of birth, home address, account number or other information were involved) on an Individual basis; (C) Identify who made the non -permitted use or disclosure and who received the non -permitted use or disclosure; (D) Identify what corrective or Investigational action the Business Associate took or will take to prevent further non -permitted uses or disclosures, to mitigate harmful effects and to protect against any further Breaches; (E) Identify what steps the Individuals who were subject to a Breach should take to protect themselves; and (F) Provide such other Information, including a written report and risk assessment under 45 CFR §164.402, as the Covered Entity may reasonably request, (iii) Security Incidents. The Business Associate will report to The Covered Entity any Security Incident of which the Business Associate becomes aware. The Business Associate will make this report once per month, except If any such Security Incident resulted in a disclosure not permitted by this Agreement or Breach of Unsecured Protected Health Information, Business Associate will make the report in accordance with the provisions set forth above, (b) Mitigation. The Business Associate shall mitigate, to the extent practicable, any harmful effect known to the Business Associate resulting from a use or disclosure in violation of this Agreement. VIII. Term and Termination (a) Tenn. The term of this Agreement shall be effective as of the date specified below, and shall terminate when all Protected Health Information provided by the Covered Entity to the Business Associate, or created or received by the Business Associate on behalf of the Covered Entity, is destroyed or returned to the Covered Entity, or, if It Is infeasible to return or destroy Protected Health Information, protections are extended to such information, in accordance with the termination provisions in this section. (b) Right to Terminate for Cause. The Covered Entity may terminate this Agreement if it determines, in its sole discretion that the Business Associate has breached a material term of this Agreement, and upon written notice to the Business Associate of the breach, the Business Associate fails to cure the breach within thirty (30) calendar days after receipt of the notice. Any such termination will be effective Immediately or at such other date specified in the Covered Entity's notice of termination. (c) Treatment of Protected Health Information on Termination. (i) Return or Destruction of Covered Entity's Protected Health Information as Feasible. Upon termination or other conclusion of this Agreement, the Business Associate will, if feasible, return to the Covered Entity or destroy all of the Covered Entity's Protected Health Information in whatever form or medium, Including all copies thereof and all data, compilations, and other works derived there from that allow Identification of any Individual who Is a subject of the Covered Entity's Protected Health Information. This provision shall apply to Protected Health Information that is In the possession of Subcontractors or agents of the Business Associate. Further, the Business Associate shall require any such Subcontractor or agent to certify to the Business Associate that It returned to the Business Associate (so that the Business Associate may return it to the Covered Entity) or destroyed all such information which could be returned or destroyed. The Business 25A-18 Associate will complete these obligations as promptly as possible, but not later than thirty (30) calendar days following the effective date of the termination or other conclusion of this Agreement. (Ii) Procedure When Return or Destruction Is Not Feasible. The Business Associate will identify any of the Covered Entity's Protected Health Information, Including any that the Business Associate has disclosed to Subcontractors or agents as permitted under this Agreement, that cannot feasibly be returned to the Covered Entity or destroyed and explain why return or destruction is infeasible. The Business Associate will limit its further use or disclosure of such information to those purposes that make return or destruction of such Information infeasible. The Business Associate will complete these obligations as promptly as possible, but not later than thirty (30) calendar days following the effective date of the termination or other conclusion of this Agreement. (Iii) Continuing Privacy and Security Obligation. The Business Associate's obligation to protect the privacy and safeguard the security of the Covered Entity's Protected Health Information as specified in this Agreement will be continuous and survive termination or other conclusion of this Agreement. IX. Miscellaneous Provisions (a) Definitions. All terms that are used but not otherwise defined in this Agreement shall have the meaning specified under HIPAA, including its statute, regulations and other official government guidance. (b) Inspection of Internal Practices, Books, and Records. The Business Associate will make its internal practices, books, and records relating to its use and disclosure of the Covered Entity's Protected Health Information available to the Covered Entity and to HHS to determine compliance with the HIPAA Rules. (c) Amendment to Agreement. This Agreement may be amended only by a written instrument signed by the parties. In case of a change in applicable law, the parties agree to negotiate in good faith to adopt such amendments as are necessary to comply with the change in law. (d) No Third -Party Beneficiaries. Nothing in this Agreement shall be construed as creating any rights or benefits to any third parties. (e) Regulatory References. A reference in this Business Associate Agreement to a section in the Privacy Rule means the section as in effect or as amended. (f) Survival. The respective rights and obligations of the Business Associate Agreement shall survive the termination of this Agreement. (g) Interpretation. Any ambiguity in this Agreement shall be resolved to permit the Covered Entity to comply with the HIPAA Rules. (h) Notices. All notices hereunder shall be in writing and delivered by hand, by certified mail, return receipt requested or by overnight delivery. Notices shall be directed to the parties at their respective addresses set forth in the first paragraph of this Business Associate Agreement or below their signature, as appropriate, or at such other addresses as the parties may from time to time designate In writing. (1) Entire Agreement, Modification, This Business Associate Agreement represents the entire agreement between the Business Associate and the Covered Entity relating to the subject matter hereof. No provision of this Business Associate Agreement may be modified, except in writing, signed by the parties. Q) Indemnification. Each Party agrees to indemnify, defend and hold harmless each other Party, Its affiliates and each of their respective directors, officers, employees, agents or assigns from and against any and all actions, causes of actions, claims, sults and demands whatever, and from all damages, liabilities, costs, charges, debts and expenses whatever (including reasonable attorneys' fees and expenses related to any litigation or other defense of any claims), which may be asserted or for which they may now or hereafter become subject arising in connection with (1) any misrepresentation, breach of warranty or non -fulfillment of any undertaking on the part of the Party to the Agreement and (ii) any claims, demands, awards, judgments, actions, and proceedings made by any person or organization arising out of any way connected with the Party's performance. (k) Assistance In Litigation or Administrative Proceedings. The Business Associate shall make Itself, and any subcontractors, employees or agents assisting the Business Associate in the performance of Its obligations under 25A-19 this Agreement, available to the Covered Entity, at no cost to the Covered Entity, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against the Covered Entity, Its directors, officers; or employees based upon a claimed violation of HIPAA, the HIPAA regulations, or other laws relating to security and privacy, except where the Business Associate or its subcontractors, employees, or agents are named as an adverse party. (1) Binding Effect. This Business Associate Agreement shall be binding upon the parties hereto and their successors and assigns. For purposes of this agreement, a signed copy delivered by facsimile or electronically shall be treated by the parties as an original of this agreement and shall be given the same force and effect. (m) Governing Law, Jurisdiction, and Venue. This Agreement shall be governed by the law of California except to the extent preempted by federal law. (n) Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. (o) Construction and Interpretation. The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. This Agreement has been negotiated by the parties at arm's-length and each of them has had an opportunity to modify the language of the Agreement. Accordingly, the Agreement shall be treated as having been drafted equally by the parties and the language shall be construed as a whole and according to Its fair meaning. Any presumption or principle that the language Is to be construed against any party shall not apply. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (p) Electronic Signature. An electronic signature captured within a software system will result in a legally binding contract under applicable state law. In Witness Whereof, the parties hereto have caused this Agreement to be executed as of the date first above written. BUSINESS ASSOCIATE: COVERED ENTITY: BASIC Employer: See Attached. Signature, Signature: _ Print Name: Print Name: Title: _ Title: Date: Date: 25A-20 ATTEST: CITY OF SANTA ANA MARIA HUIZAR Raul Godinez, II. Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:C c,,— A,y-� � — Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: STEVEN V. PHAM Executive Director of Human Resources (Revised 6.18.14) 9 25A-21 25A-22 �. Gil NQ SFAVICE5 FEE SCHEDULE Per Employee per Month (PEPM) Fee $1.32 Optional Services below (additional fees apply if selected): • Additional languages for IVR: Add $800 for Spanish (other languages quoted) • Customized IVR Scripts: $150/hour Updating & Script Revisions for IVR: $150/hour • BASIC has the right to apply additional fees for any service outside the scope of its contracted services, • IT development for special processing, custom reports, and data formatting/cleansing- $125/hour • Intake script customization or mid -year changes - $125/ hour • Second and Third Opinion on FMLA: $1100 per -event and cost of doctor visit • EDI (Electronic Data Interchange): A. Monthly Fees (if applicable): Monthly fees will be assessed on a case by case basis for each line of service (likely between $50 and $250 per month) for EDI files with the following issues: a. Files not provided in BASIC's format b. Required data is missing/not provided c. Data is Inaccurate or conflicting data is provided d. Files transmitted in a non-standard manner e. Other reasons as determined by BASIC THE EMPLOYER TO INTIAL WITH ACCEPTANCE OF FEES HERE Revised 5,25.17 =711171X] 25A-23 25A-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: AGREEMENT WITH COOPERATIVE PERSONNEL SERVICES (CPS) TO CONDUCT A COMPENSATION STUDY OF CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA (CASA) JOB CLASSIFICATIONS (STRATEGIC PLAN NO. 7,4) rZC4r N CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Cooperative Personnel Services (dba CPS HR Consulting), subject to non -substantive changes approved by the City Manager and City Attorney, to conduct a compensation study of job classifications in the Confidential Association of Santa Ana (CASA) bargaining unit in an amount not to exceed $24,999.99 for the period of September 18, 2018 through June 30, 2019, with the option of an extension in writing executed by the City Manager and City Attorney. DISCUSSION CASA is a bargaining unit of currently 51 employees working in positions that require the employee to develop or present material with respect to employer-employee relations or whose duties normally require access to confidential information contributing to the development of data used in labor relations processes. The employees in this bargaining unit work primarily in the Human Resources Department but others are distributed throughout the City's departments. During contract negotiations in 2017, the City and CASA agreed that a compensation study would be conducted by an outside consultant in the following calendar year to be considered during contract negotiations for the successor agreement. As the current CASA contract expires on December 31, 2018, the parties wish to initiate this study. This study will evaluate the compensation assigned to CASA job classifications in comparison to comparable positions in the local labor market (eight Orange County cities). The study will include a full analysis with data evaluating Santa Ana's market position concerning base salary, salary plus pay additives, and base salary plus pay additives, health insurance and pension 25B-1 Agreement with Cooperative Personnel Services September 18, 2018 Page 2 costs (total compensation). The process also includes an optional workshop with key stakeholders to discuss the elements of a compensation policy. The selection of CPS to perform this work followed a Request for Qualifications process in which four companies submitted proposals to perform this assignment: CPS, Koff & Associates, Public Sector Personnel Consultants and Creative Management Solutions. The proposals were reviewed and evaluated by four -person teams of City and CASA members. The proposals were rated on the following criteria: Firm/Team and Staff Qualifications, Experience, Project Approach, Understanding of the Project, Cost Control and Compliance with RFQ Requirements. Based on an evaluation of all criteria, CPS was the mutually agreed-upon consultant to perform this study. CPS specializes in professional human resources services (executive search, classification/compensation analysis and training) for public sector agencies. The firm has over 31 years of experience and performed compensation analyses for many northern and southern California municipalities. Therefore, it is recommended that the City enter into an agreement with CPS to conduct the compensation study per the attached agreement. , STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 Team Santa Ana, Objective #4 (Establish employee compensation that attracts and retains a highly qualified workforce). FISCAL IMPACT The total sum to be expended under this agreement shall not exceed $24,999. Funds are budgeted in the following account for FY 18/19. Accountinq Unit FY 18-19 Expenditure Human Resources Contractual Services (no. 01109050-62300) $24,999.99 <�( Steven V. Pha Executive Director Human Resources Exhibit 1: Agreement 770 FUNDS AND ACCOUNTS: Sergio Vi al . ov� Assistant Director Finance and Management Services Agency 25B-2 CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 18th day of September, 2018 by and between Cooperative Personnel Services dba CPS HR Consulting, a joint powers authority of the State of California (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 and having special skill and knowledge in the field of performing compensation studies. City has previously retained Consultant to provide compensation studies and desires a continuation of those services. H. 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 they are knowledgeable in their 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 Generally, Consultant shall perform a total compensation study for City employee members of the Confidential Association of Santa Ana ("CASA") as set forth in Consultant's proposal dated August 1, 2018, attached as Exhibit A to this Agreement, and incorporated herein by reference. 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 A. The total sum to be expended under this Agreement shall not exceed $24,999.99 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Exhibit 1 25B-3 "EmErM W, This Agreement shall commence on the date first written above and terminate on June 300 2019, unless terminated earlier pursuant to Section 15, below. This Agreement can be extended by a writing executed by the City Manager and City Attorney. 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 its employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF AIA.TERIALS This Agreement creates a. non-exclusive and perpetual licensee for City to copy, use, modify, rouse, 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 solo 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, 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 25B-4 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); and (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City. b. Business automobile liability insurance, or equivalent force, 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. Iia 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 wider this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this.Agreement. 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. 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 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 25B-5 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 I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including foes 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, ,fust 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 27828, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLEC'T'UAL 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. g. 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 throe (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. It), 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 r 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 and disclosed 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 INTERTEST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 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 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, California 92702-1988 Facsimile (714) 647-6956 With courtesy copies to: Executive Director of Human Resources City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92701.1988 Facsimile (714) 647-6930 And, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6515 25B-7 To Consultant; CPS HR Consulting 2450 Del Paso Rd, Suite 220 Sacramento, CA 95834 Ms. And! Bernard (916)471-3325 abemard@cpsbr.us 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, duty registered or certified, with postage prepaid, and addressed as sat 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. 13. EXCLUSIVITX 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 and will serve to fully supersede existing Agreement, This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant, The panties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms or 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 parties, 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. 13. TERMINATION This Agreement may be terminated by the City with thirty (30) days written notice of termination to the Consultant. a. As a condition of such payment, the City may require Consultant to deliver to the City all the 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 that fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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 comiection 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 Sates, 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. 19. 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. 25B-9 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. CARVALI10 City Attorney LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: STEVEN V, PHAM Executive Director of Human Resources CITY OF SANTA ANA RAUL GODINEZ, II City Manager CONSULTANT GERALD GREENWELL Chief Executive Officer Cooperative Personnel Services Dba CPS HR Consulting 25B-10 9 25B-11 PROPOSAL version 2 City of Santa Ana / Confidentia Association of • i Ana Compensation St Due Date: August 1, 2018 Updated: August 15, 2018 SUBMITTED BY: VICKI QUINTERO BRASHBAR Director of Products and Services CPS MR Consulting 2450 Del Paso Rd, Suite 220 Sacramento, CA 95834 P; 916-471-3324 vbrashear0cpshr.us Tax ID: 68-0067209 yS F.f .M�:.:Siyx www,cpshr.us Your Path to performance 25B-12 Proposal to the City of Santa Ana /Confidential Assoclation of Santa Ana Compensatlon Study Statement of Qualifications.............................................................................. 4 AboutCPS FIR.........................................................................................................4 CPS HR's Qualifications, Knowledge, Skills, and Abilities ...........................4 CPSHR Principals....................................................................................................5 StaffQualifications............................................................................................... 7 KeyIndividuals.......................................................................................................7 ProjectManager.............„..............................................................................7 Consultants and Rales....................................................................................7 StaffResumes.............................................................:......................................8 Action Points, Timeframes, and Assigned Responsibilities .......................20 Compensation Study Work Plan...............................................................20 Commitment to the Proposed Timeline.....................................................25 References..........................................................................................................26 PartialProject List................................................................................................28 ProposedCost....................................................................................................30 Professional Fixed Pee....................................................................................30 Project Tasks --Total Compensation Study........................................................30 Reimbursable Expenses.......................................................................................32 Rates for Additional Services .......................... CPS HR ffm,,CONSULTING 25B-13 .....................................32 Page I I Proposal to the City of Santa Ana /Confidential Association of Santa Ana Compensation Study August 18, 2018 Ellen Smiley Assistant Director of Human Resources City of Sena Ana Human Resources Department 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Compensation Study Submitted via email to ESmiley@santa-ene.org Dear Ms, Smiley: CPS HR Consulting (CPS HR) is pleased to submit this updated proposal to the City of Santa Ana (City) and Confidential Association of Santa Ana (CASA) to conduct either a total compensation study or base salary study of all 53 CASA job classifications. The update results from a clearer understanding of the scope, which adjusted the pricing, The references and project lists we have included in the below sections provide further clarity around the type of classification and compensation projects we have conducted. With these examples, we have shown how we have collected data, performed analyses on said data, made recommendations, and worked successfully with our partners/clients. Underthe Proposed Cost section below, we have provided pricing for both a total compensation study and base salary study, We possess a number of Important strengths to assist the City and CASA in accomplishing the goals for this assignment: ■ In-depth understanding of all iocal government operations, programs, and services. CPS HR has been assisting public agencies meet their human resource needs for more than 31 years. • Use of hest practices. CPS HR applies best practices and utilizes proved compensation principles In all of our engagements. • Quality and tolloredservlces. CPS HR delivers quality and tailored compensation services to better meet each client's unique study goals and objectives, • Our commitment to maintaining open communications. Our project team will focus on maintaining open communication with the City and CASA staff to ensure that every project preserves Its focus and adheres to the timeline and budget. IN Previous Experience with the City. CPS HR was engaged in 2013-2014 to conduct a total compensation study for the City's mid -management group consisting of 50 benchmark classifications, surveying eight labor market agencies. An additional compensation study was conducted for the City's water resources group consisting of 13 benchmark classifications, surveying eight labor market agencies. CPS HR CONSULTING 25B-14 Page l2 Proposal to the City of Santa Anal Confidential Association of Santa Ana r Compensation Study CPS HR has also recently conducted an executive recruitment for City Manager and Is currently conducting a recruitment for Director of Parks, Recreation and Community Services. ■ Recent Acquisition. In the fall of 2017, CPS HR Consulting acquired Ewing Consulting based out of Southern California, Ewing brings more than 35 years of classification and compensation consulting experience. This acquisition adds to the already more than 31 years of experience that CPS HR brings to bear. Ewing has recently conducted a study for the Madera County Association of Governments and the City of Livermore. Thank you for this opportunity; we very much look forward to working with the City of Santa Ana and Confidential Association of Santa Ana on this important engagement. CPS HR has the adequate staff and availability to compete a successful study. Should you have any questions, please do not hesitate to contact lids. And Bernard at (916) 472.3325 or via email at cbernard@cpshr.us. Sincerely, Vicki Quintero Brashear Director of Products and Services CC'S HRLvnsl� Am CONSULTING 25B-15 Page 13 Proposal to the City of Santa Ana /Confidentlal Association of Santa Ana Compensation Study Statement of Qualifications About CPS HR Depth of experience preparing compensation and staffing studies. CPS HR has conducted more than 100 compensation related studies for cities, counties, courts, special districts, and higher education Institution within the last few years. We recently acquired Ewing Consulting group which has increased our resources, capabilities and processes. Ewing Consulting has been In the classification and compensation business for over 35 years and has a strong reputation In the Industry. CPS HR's Qualifications, Knowledge, Skills, and Abjlifies Depth of experience working in public agencies and unionized work forces. CPS HR Is a joint powers authority, and as such, our charter mandates that we provide services exclusively to public agencies and non -profits. In just the past few years, CPS HR has conducted an extensive amount of classification and compensation related studies for cities, counties, courts, special districts, and higher education institutions, Our team members (along with our acquisition of Ewing Consulting resources) also possess several years of experience workingwith multiple small and large unions as it relates to labor relations, employee relations, and classification and compensation studies, Including negotiating at the bargaining table, mediating, hearing grievances, and facilitating meetings and conferences. CPS HRstaffing. CPS HR employs only the best staff members. Many of our staff have both public and private classification and compensation experience, they are diligent in their work, listen to and understand the needs of our clients, and possess advanced education and certifications such as Certified Compensation Professionals, SHRM, IPMA, World at Work, etc. Technology. CPS FIR utilizes technology to enhance the communication, sharing of documents, and project management.. Our SharePoint solution offers clients the ability to review documents. and add comments. The Wrike software platform offers a web -based approach to project management that can be viewed by the client, Customer Service. It is our goal to provide the best customer service possible to all our clients, To assist us in achieving this goal, we provide, at no additional cost to our clients, Implementation and support assistance for each project, CPS HR Consulting (CPS HR) is an Innovative, client -centered human resources and management consulting firm specializing in solving the unique problems and challenges faced by government and non-profit agencies. As a self-supporting public agency, we understand the needs of public sector clients and have served as a trusted advisor to our clients for over 31 years. The distinctive mission of CPS HR is to promote human resource excellence in the public sector. CPS Hir WMI:mw CONSULTING 25B-16 Page 14 Proposal to the Cltyof Santa Ana/Confidential Association of Santa Ana Compensation Study With more than 11.5 full-time employees and 200+ project consultants and technical experts nationwide, CPS HR delivers breakthrough solutions that help public sector organizations positively impact the communitiesthey serve. CPS HR Is headquartered In Sacramento, California with regional offices located in Austin, TX and Littleton, CO. As stated, the addition of Ewing's expertise and its resources will provide the City and CASA with a combined team of experts familiar with southern California organizations, CPS HR occupies a unique position among Its competitors in the field of government consulting; as a Joint Powers Authority, whose charter mandates that we serve only public -sector clients, we actively serve all government sectors including Federal, State, Local, Special Districts, and Non - Profit Organizations, This singular position provides CPS HR with a systemic and extensive understanding of how each government sector is interconnected to each other and to their communities. That understanding, combined with our knowledge of public and private sector best practices, translates into meaningful and practical solutions for our clients' operational and business needs. CPS HR believes classification and compensation systems should be designed, maintained, and updated to serve as a foundation. A comprehensive market-based compensation plan, combined with a structured approach to Internal equity through .either a whole job analysis approach or point factor methodology, provides a sound foundation for a compensation plan. Therefore, our team has broad and deep human resource experience, education, and certifications in public sector classification and total compensation systems and analysis. CPS HR Principals The names and contact information for CPS HR's officers are listed below. All officers' conduct business from our Sacramento office located at 2450 Del Paso Road, Suite 220, Sacramento, CA 95834. CPS H Page,1 5 nfffiw�ccarasu�r�>v 25B-17 CPSHRPrincipals Phone Chief Executive Officer Jerry Greenwell 916.471-3463 jerryg@cpshr.us Marketing and Business Geralyn Gorshing 916-471-3373 ggorshing@cpshr.us Development Director Senior Practice Leader, Melissa Asher 916-471.-3358 masher@cpshr.us Products and Services Senior Practice Leader Jeff Hoye 916-471.-3109 1 Jhoye@cpshr,us CPS H Page,1 5 nfffiw�ccarasu�r�>v 25B-17 Proposal to the Clty of Santa Anal Confidential Association of Santa Ana Compensation Study -WA "I Pt: gu f ,CPS HR aCONSULTING 25B-18 Proposal to the Cityof Santa Ana/ Confidential Association of Santa Ana Compensation Study Staff Qualifications Key Individuals Project Manager We have selected Ms. Andi Bernard to serve as project manager for this engagement because of her strong project management skills and depth of experience with a brood range of classification and compensation studies. Ms. Bernard brings to the CPS HR team over 15 years of experience in public and private sector human resources. Her range of experience includes leave of absence, employee performance, classification and compensation, etc.; advise departments on Human Resources related laws, policies, MQUs, etc. Her experience also includes working for the County of Lake for more than 12 years. Her role will be to work directly with the City, CASA and designated stakeholders to (i) ensure the City and CASA's study needs and goals and objectives are understood and accurately communicated to City and CASA management, other key stakeholders, and the CPS HR Project Team; (ii) conduct client meetings; (iii) be responsive to all client requests; (iv) manage the work of the Project Team; (v) meet timeilne and budget expectations; (A) conduct quality control of deliverables; and (vii) meet/provide information/present results to the City and CASA's stakeholders. Consultants and Roles CPS HR has assembled a uniquely qualified team of professionals to assist the City and CASA with Its studies. We are committed to meeting the highest professional standards of quality, therefore team members have been selected for their relevant experience and professional maturity in dealing with project environments such as this. Each of the team members has broad and deep experience in public sector classification and compensation systems and analysis and are readily available to assist the City and CASA with this project. CPS HR A=CONSUlJ-INC Page 17 25B-19 Proposal to the City of Santa Ana/Confidential Association of Santa Ana Compensation Study Staff Resumes Cecilia (Anda) Bernard, B.S. Profile Ms. Bernard is a Project Consultant with Cps HR Consulting. She has over 20 years of compensation and classification experience. She Is an experienced professional with a successful track record of delivering effective strategies to obtain business initiatives. She has worked administratively and strategically with the Riverside Sheriff's Department and the Riverside County Department of Social Services while developing and maintaining trustworthy cross - functional partnerships with all levels of management. She has successfully led multiple department initiatives to streamline systems and processes. Employment History ■ project Consultant, CPS HR Consulting ■ Senior Employee Relations Manager/HR Manager, County of Orange, HR Services, Santa Ana, CA ■ Social Services HR Services Manager, County of Riverside, Human Resources, Riverside, CA ■ Sheriff's HR Services Manager, County of Riverside, Human Resources, Riverside, CA M Senior HR Analyst, County of Riverside, Human Resources, Riverside, CA 0 HR Analyst 11, County of Riverside, Human Resources, Riverside, CA N On -Premise Manager, Spherlon, Recruitment & Staffing Branch, Ontario, CA a On -Premise Supervisor, Recruitment & Staffing Branch, Ontario, CA Professional Experience ■ County of Orange, Human Resource Services (HRS) -Santa Ana, CA Management responsibilities for all aspects of human resources over the Probation Department supporting approximately 1,200 employees. Core responsibilities for the Probation Department include records management, FMLA/ADA/PDL/EEO/WC compliance, workforce planning, classification and compensation, employee relations (sworn and non -sworn), labor relations, and leave management, Key accomplishments; ■ Established a classification and compensation presence on the Probation Human Resource Services Satellite Team, This Included training Administrative Managers on fundamental concepts of classification studies including the Involvement of labor unions, position description questionnaires, desk audits, reallocation recommendations for current employees, and workforce planning, ■ Identified critical areas of noncompliance with FMLA, ADA, and POBR, and implemented training and procedures to mitigate financial liability. CPS H CONSULTING 25B-20 ft posal to tim City of Santa Anal Confidential Association of Santa Ana Compensatlon Study • Established esteemed rapport with the Orange County Employees Association to Implement complex side letters and settlement agreements impacting the dally operation of Juvenile Hall. N County of Riverside, Human Resources (HR) — Riverside, CA Spclal Services Human Res2urces Services Manager. Management responsibilities for all aspects of human resources over the Department of Public Social Services supporting 3,485 employees. Core responsibilities include recruitment, assessment, talent development, workforce planning, classification & compensation, employee relations, and leave management, Key accomplishments: ■ Reengineered the Eligibility Technician recruitment and expedited the process from approximately four months to seven weeks. ■ Implemented a leave management system to return employees to work or manage their leave time expeditiously. • increased the time to certify recruitment lists from an average of 60 days to 28 days on average for the Department of Public Social Services. • Managed analysts conducting classification and compensation studies Including reviewing and authorl2ing PDQ analysis, classification and compensation recommendations, job specification revisions, creation of new classifications and the reclassification of current employees. Sherif 6 Human Resources services Manager. Management responsibilities for all aspects of human resources over the Sheriff's Department supporting 3,800 employees. Core responsibilities include recruitment, assessment, promotional processes, talent development, wor)Cforce planning, classification and compensation, employee relations, and leave management. Staff included up to 22 direct reports including supervisors, analysts, recruiters, clerical support, and polygraph examiners, Key accomplishments: ■ Executed a strategic recruitment Initiative to hire 1,400 difficult -to -recruit law enforcement candidates through revamping and automating their paper-based recruitment model, ■ Increased applicant assessments by 62% and decreased lag time of notification from six weeks to Immediate notification, • Reduced recruiting and hiring costs through recruitment automation, increased screening processes, and created more efficient use of staff time. ■ Managed analysts conducting classification and compensation studies Including reviewing and authorizing PDQ analysis, classification and compensation CPS f"Ift CONSULTING Fano 19 25B-21 Proposal to the Cityof Santa Ana JConfidentla(Assoclation of Santa Ana Compensation Study recommendations, job specification revisions, the creation of new classifications, reclassification of current employees, and the assignment of additional compensation for difficult to fill positions. ■ Implemented a leave management system to return employees to work or manage their leave time expeditiously. Senior Hymen_Rtesourcel Analyst, Lead and mentor responsibilities over analysts and recruiters for employee relations, recruiting, classification and compensation, and leave management for a variety of County of Riverside Special Districts and the Department of Mental Health, Individual responsibilities Included employee relations, performance management, classification and compensation, organizational development, and leave management. 'Key accomplishments: ■ Implemented performance management system and evaluation training to departmental management to increase employee productivity. ■ Implemented a leave management system to return employees to work or manage their leave time expeditiously, and reduced the number of employees out unnecessarily. ■ Established and maintained rapport with all levels of management to reduce misconduct and discrimination cases with preventative strategies, ■ Built positive working relationships with union representatives instilling credibility as a misconduct investigator and, as a result, carried unchallenged cases. Human Resources Analyst II. Analyst responsibilities for recruitment, assessments, classification and compensation, informal discipline, and organizational development for County of Riverside social services departments. Key accomplishments: ■ Conducted Position Questionnaire analysis, job Interviews, and provided recommendations for the County's five year cyclical Classification and Compensation studies. ■ Successfully facilitated and filled difficult recruitments for semi -law enforcement positions. ■ Developed, implemented, and facilitated written and oral assessments yielding qualified candidates in the difficult -to -recruit classification of Welfare Fraud Investigator, CPS iliaMM:CONSULTING 25B-22 Page 110 Proposal to the City of Santa Ana/Confidentlal Association of Santa Ana Compensation Study 0 Spherion, Recruitment & Staffing Branch —Ontario, CA Q -Premise Manager, Executive responsibilities over staffing the United Parcel Service (UPS) with a contingent workforce for the South East California District, including the management of one On -Premise Supervisor and three recruiters responsible for candidate sourcing for light industrial employees. Co -managed 300 contingent workers at UPS's distribution center while overseeing the staffers' operational performance, Key accomplishments: ■ Managed and increased profitability of a $4M account by customer satisfaction and maximising business development opportunities, ■ Successfully filled high volume seasonal -requisitions within three days of request. ■ Collaborated with UPS executives to provide flexible and reliable staffing in a challenging work environment and recruiting climate. ■ Prepared and presented quarterly business reviews on employees' overall performance as it related to UPS's business goals, On -Premise Supervisor. Supervisory responsibilities over 300 Spherion employees Working at the UPS facility throughout their 24-hour operation. Accountable for operational performance, performance evaluations, misconduct investigations, employee and customer satisfaction, co -employment issues, workers' compensation claims, and OSHA training/orientation, Key accomplishments: ■ Utilized appraisals, recognition and focus meetings to increase line productivity, ■ Counseled and motivated employees on the Importance of work performance resulting In higher dally attendance. ■ Tracked and decreased workers' compensation claims through safety awareness, Professional Affiliations ■ Member of the California Public Employers Labor Relations Association (CALPELRA) Education M B.S., Chemistry, California State Polytechnic University, Pomona, CA ry CPS Hr A=CONSULTING PagoIll 25B-23 Proposal to the City of Santa Ana/Con f7dential Association of Santa Ana Compensatlon Study Suzanne Ansarl, B.A. Profile Ms. Ansarl's human resources experience Includes recruiting, training, program development, employee relations, benefits, safety and compliance. She has participated in several classification and compensation studies and has prepared hundreds of job descriptions, She also participates In the research of salary and benefits surveys. Ms. Ansarl Is a member of the Society for Human Resource Management (SHRM) and has published several articles for local Orange County based newspapers. Employment History ■ Senior HR Consultant, CPS HR Consulting, California ■ Coordinator, Community Resource Center of San Clemente • Public Relations Manager, Blenheim Equisports ■ Claims Manager; Executive Assistant; Human Resources Technician, James Hardie Building Products ■ Instructional Assistant -Special Education, Orange County Department of Education Professional Experience Senior HR Constlltarit., CPS HR ggn5Ul$Ing d Performs a variety of complex, analytical and professional human resources consulting functions in support of classification, compensation, job analysis and organizational studies 0 Develops over a thousand job descriptions in accordance with applicable laws, codes, policies and procedures including ADA ■ Conducts multi-level salary, compensation systems evaluations and benefits surveys of organizations including school districts, superior courts, county offices of education, cities, tribal agencies, colleges, other governmental and non-governmental entities ■ Participates in the research, analysis and assembly ofa variety of technical information including classification realignments, merit pay, equity adjustments, promotional increases and salary decreases ■ Develops and conducts informational seminars, trainings, orientations, study briefings and presentations on behalf of the firm Q9,rrdinator, Community Resource Center of Sin Clemente ■ Planned, coordinated, and directed the day -today activities of an Orange County nonprofit community resource organization, trained and supervised the performance of assigned staff a Developed and submitted grant applications and proposals for public and private funding resources d Prepared press releases, newspaper articles, public service announcements A Conducted community trainings, classes, workshops and public meetings and served as spokesperson forthe organization 0 Served on the Board of Directors for the CRCSC Page 112 CPS MROEM: CONSULTING 25B-24 Proposal to the City of Santa Anal Confidential Association of Santa Ana Compensation Study Public Relations Manager, Blenhelm Eouisports ■ Designed corporate public relations and marketing plans; developed emergency preparedness and evacuation procedures plans ■ Wrote multiple bids accepted by the United States Equestrian Federation awarding company rights to host hold US World Cup equestrian qualifying events ■ Responsible for design, content management and administration of company website; managed company social media platforms ■ Managed equestrian show vendors, supervised Insurance/business license compliance and conflict resolution ■ Trained and supervised the performance of assigned staff Claims na r^ ENggotive Assistant, Technician James Hardle B.11th r ■ Managed claims division for corporate building products warranty and product defect claims nationwide N Provided customer service support and conducted claims Investigations throughout the US ■ Wrote technical verbiage for warranties and product brochures ■ Successfully negotiated and settled over $BOOK building products claims ■ Trained and supervised the performance of assigned staff ■ Organized office activities, complex reports, public relations and flow of communications and Information for the President ■ Coordinated national sales conferences and corporate events ■ Responsible for the administration of employee benefits program ■ Conducted employee safety and compliance trainings lostructionalAsslstant•special Education. Orange county Department of Education ■ Served as an Instructional Assistant reinforcing instruction to Individual or small groups of students with severe physical, behavioral and emotional special needs (kindergarten through college); Assisted in the preparation of instructional materials and implementation of Individual Education Plans (IEP) Education ■ 6.A„ Speech Communication with minor In Education, University of Alaska (Cum Laude Honors & Chancellor's List) Professional Affiliations ■ Society for Human Resources Management Professional Member ■ Business Networking international member ■ Public Relations Society of America -Orange County member CPS HR Amm CONSULTiNG Page 113 VXW 25B-25 Proposal to the Cityof Santa Ana /Confldentlal Association of Santa Ana Compensation Study Suzanne Wiener, MBA, CCP Profile Ms, Wiener is an accomplished compensation consultant and project/program manager with over 25 years of experience across several Human Resources functions, organizations, and industries. Her extensive experience includes job analysis, market data analysis, salary structure analysis and design, internal equity, promotion pay recommendations, Incentive and performance review programs, and organizational effectiveness. Employment History ■ Project Consultant, CPS HR Consulting ■ Owner/Principal Consultant, S. Wiener Compensation & Performance Management Solutions, Los Angeles, CA ■ Compensation, Performance Management & HR Consultant, Metrolink (aka, Southern California Regional Rail Authority), Los Angeles, CA M Compensation Consultant, Lipis Consulting, Inc., Los Angeles, CA IN Corporate Compensation Consultant, Northrop Grumman Corp., Los Angeles, CA ■ Compensation and Organization Effectiveness Consultant, Suzanne Wiener Human Resources Consulting, Los Angeles, CA ■ Human Resource Manager, PricewaterhouseCoopers (pwC) LLP, Los Angeles, CA A Manager, Compensation & Benefits, SunAmerica, Inc., Los Angeles, CA Professional Experience Owner/Pflncipal Consultant. S. Wiener Cgrnoonsation & Perf_grmgnce Management Sal t ons Los Angeles, CA • Provided on-site, senior -level compensation consulting. Partnered with client lead and collaborated extensively with senior functional leaders, HR business partners and line managers to review, redesign, level and consolidate jobs and job titles to align with new company -wide model, Created job family career paths and worked with leaders to update job descriptions to better align with current and future business needs: Co - implemented newjob model, titles and descriptions across multiple state business units. Evaluated FLSA, market -priced jobs and assigned pay grades, (Fortune 500 multi -state health plan; 2014 +2016 -Jan 2017) ■ Partnering with HR VP and CFO, designed a new proposed management annual Incentive pian plus a new discretionary bonus program for all other employees. ($100M apparel designer/distributor) CPS HRA=w CONSULTING Page 114 omw 25B-26 Proposal to the City of Santa Ana /Confidentlal Assoclation of Santa Ana Compensation Study ■ Worked with HR VP to review and redesign company performance management program, Created online employee survey and analyzed results, conducted focus groups and presented findings to senior leaders. Recommended ways to better align evaluations with jobs and help create culture shift to Improve employee morale. (Mid-size provider of behavioral health services) ■ Conducted organization pay study with Lipis Consulting. Analyzed and market -priced 100+ jobs, redesigned faculty pay structure and developed first-ever grade structure for administration jobs. Worked closely with client senior management and facilitated meetings with department heads and academic chairs to deliver a custom; cost-effective and implementable program. (Non-profit mid-size college of art and design) ■ Hired to bring closure to unfinished management salary study. insured accurate methodology and job benchmarking, updated market and employee data, summarized results and presented recommendations to VP HR, Provided pay guidance for promotions and other requests Involving management positions. (Leading non-profit healthcare/hospital system) ,C-omDensation, Parformonce Managgment & HR Consultant, Metr li k o her California Reeional Rail Author tv) Los Angeles CA 4 Led compensation and performance management analysis, design and implementation projects. Provided on-going guidance and delivered other HR projects, (Five -county public transportation provider) ■ Co -designed new performance management program based on goal achievement and job competencies, Created appraisal form and rating scale; conducted training for employees and managers. 0 Implemented online compensation and performance management systems (Halogen eCompensation and eAppralsal). Performed all configuration, CIA and testing; prepared communications and User Guides; developed and delivered training to employees, managers and FIR staff, ■ Redesigned merit Increase policy and process to improve efficiency, reduce cost and tie pay closer to performance. Projected costs and modeled performance distributions to ensure guidelines met budget, N Conducted organization compensation study; evaluated and recommended grades/ ranges, job titles and pay based on market data and internal equity, contributing to cost savings as well as retention of key talent, Co_mpqnsatIQn Con§y1tont,L121s Consulting. Inc..Los Angeles, CA M Provided competitive compensation assessments with pay, career path and structure recommendations for a variety of organizations in Industries as diverse as higher CPS HR ^" r CONSULTING 25B-27 Pane Iii; Proposal to the CityofSanta Ana/Confidential Association of Santa Ana Compensation Study education (Telecom/IT jobs at large public university), non-profit, and paint manufacturing. Conducted client interviews to better understand the work, skill and knowledge needs, culture, and recruiting and retention challenges. Cor orae ggo3pensatlon Cons.ultant,,.Northrop GruMMan Corp., Los An tiles ■ Internal consultant to firm's varied businesses (acquired during period of strong M&A activity), supporting and facilitating Integration of compensation plans, processes, and systems. (Fortune 7.00 aerospace/defense contractor) • Designed and Implemented firm -wide program to address cost of living differences for executives relocating to higher cost areas, Increasing Internal mobility and improving recruiting competitiveness. Presented program to HR leaders and developed communications, including program brochure, policy and procedures. ■ Program manager for salary management and market pricing software (MercerPrism), Led internal IT/HRIS team to Improve data security, integrity and usefuhress. Received recognition award from HRIS director, • Communications lead for firm -wide implementation of web -based tool for annual merit Increase, bonus and stock planning. Created User Guides that vendor asked to use for own marketing efforts. Trained corporate office managers and received recognition award from Compensation Director. ■ Created, organized, and facilitated first annual two-day meeting for compensation management across Northrop to Improve integration, share best practices, and build relationships. ■ Evaluated and helped develop executive compensation packages. Prepared/modified retention and employment agreements. Prepared Q&A's for Annual Shareholders' Meeting and data for Annual Proxy. ■ Led design and implementation of common Job titling approach for executive positions across the firm, requiring heavy coordination and facilitation among diverse businesses to achieve acceptable solution. Compensation and grganizaflon Effectiveness Consultant, 5uzanng Wagner Human Resources consultlntt, Los Angeles. CA ■ Reorganized administrative support workloads and staffing to reduce need for additional hires at a public sector agency. Redesigned roles, duties and career path, Improving morale and organization effectiveness. 0 Analyzed proposed new staffing plan for a commuter railroad's customer service operation. Collected and analyzed benchmarking data, Interviewed employees/managers and made recommendations within budget. M,nrm ,CC'S HR CONSULTING Pogo 116 now 25B-28 Proposal to the Clty of Santa Ana /Confidential Association of Santa Ana Compensation Study ■ Managed the annual incentive process for the music subsidiary of a large entertainment company, ■ Designed new market-based pay structure for 275 -bed hospital. Worked closely with senior leaders to meet cost, internal equity and competitive considerations; create career paths; and develop communications, Human Resource Manager, PricewaterhouseCooners (PwC), LLP, Los Angeles CA ■ HR Business partner for client group of 1.50 management consultants, Managed, coordinated or performed recruiting, client engagement staffing, coaching, training, career development, employee relations, compensation, performance management and organizational effectiveness activities. Helped firm partners grow their practices and retain and motivate staff. HR Project Manager for regional rollout of new firm -wide, global skills and knowledge framework. (Large global professional services firm) Manaaer. Comoensatjpn & Benefits SunAmerlce, Inc., Los Angeles CA ■ Managed compensation and benefits pians (1,200 employees), base salary, annual Incentives, performance review, merit Increase, health and welfare, 401(k). Administered and analyzed executive compensation for proxy reporting; contributed to executive pay design. Partnered with consultants on benefits program redesign; created new processes to Improve customer service and employee communications. Delivered presentations to employees and management. (Best performing stock on NYSE 1.990-97; financial services; $23B assets) ■ Reduced annual healthcare costs by $400,000 (13%) by Initiating and managing competitive bid process, • Designed and implemented firm -wide stock bonus plan based on target ROE achievement; designed and Implemented call center team incentive plan based on service„ quality and production, A Developed cost projections, consistently managed to budgets, and reduced annual C&B administration costs; analyzed, made recommendations, and coordinated C&B aspects of acquisition Integration activities. Education M,B.A., Human Resources/Organizational Behavior; Operations Management; Entrepreneurial Studies, University of California, Los Angeles — UCLA Anderson School of Management m B,S., Psychology (industrial/Organizational), University of Maryland, College Park Professional Certifications/Affiliations N Certified Compensation Professional (CCP), World at Work Association .�.�,;.. ,CPS HR CCINSUJING 25B-29 Page 117 Proposal to the City afSanta Ana/Confidential Association o, f Santa Ana Compensatlon Study ■ Active Member: World at Work, PIHRA, and Human Resources Knowledge Network ■ Presenter/.Speaker, Human Resources Knowledge Network ■ Hay Group Job Evaluation Training ■ Dale Carnegie Training in Communications & Human Relations N Human Resources/Organization Development 12 -week course, UCLA Extension ■ Many webinars, seminars and conferences via professional associations and law firm Leena Rai, D.P.A., M.P.A. Profile Dr, Leena Rai brings to the project a substantial background in human resources consulting Including numerous studies in classification and compensation studies, employee workload and performance enhancement consulting and training assessment and development initiatives. Her background also includes direct leadership In community development and workforce development organizations, outreach to business partners in the community and administrative service design and implementation for private and publicly funded community services programs, Employment History • Project Consultant, CPS HR Consulting ■ HR Consultant . Classification and Compensation, Ewing Consulting, Inc., San Clemente, CA ■ Chief Consultant/Professional Development and Training Manager, Southern California Employer Resource Group, Fullerton, CA • Client Services Coordinator, County of Los Angeles; LA Works WorkSource Center, Irwindale, CA • Training Coordinator, FlrstTeam Real Estate, Santa Ana, CA d Client Services Coordinator, City of Sunnyvale; Department of Employment Development — NOVA, Sunnyvale, CA 0 Senior Employment Training Panel Business Manager, New Horizons Computer Learning Centers, Santa Ana, CA 0 Workplace Enhancement Services Program Manager, Southeast Los Angeles County Workforce Investment Board, Cerritos, CA CPS HIR CONSULTING Page 118 WIMIL:25B-30 Proposal to the City of Santa Ana /Confidential Associatlon of Santa Ana Compensation Study Professional Experience M Conduct and manage compensation and classification studies development, delivery, and presentations ■ Provlde consultation for organizational development, performance enhancement and skills training ■ Conduct, research, and present on Workload studies and University Faculty Development; designed and delivered Workload Study design., research and final findings presentations d In the role of Chief Consultant/Professional Development and Training Manager, designed and delivered employee skill evaluations; assisted Organizational Managers in developing Skill Gap profiles for employees to deliver needed training and professional Development programs; developed grants and other funding sources to assist private organizations in acquiring funds for training programs; consulted with employees, managers, community members to project training and professional needs and provide consultation on achieving strategic goals for continued staff development ■ In the Client Services Coordinator roles, case managed, placed and conducted Retention Services for program participants; coordinated the Implementation of the Workforce Investment Act and National Emergency Grant programs, Including budget development, tracking of clients, monitoring of progress and reporting to state monitors; coordinated the implementation of the Employment and Training programs, including tracking of clients, monitoring of progress and reporting to state monitors ■ As a Training Coordinator for FirstTeam Real Estate, coordinated and developed professional training for real estate agents and Industry specialists; administered and oversaw advanced levels of certification and professional qualification testing Education ® Doctorate in Public Administration (DPA), University of La Verne, CA ■ M,P.A., California State University, Fullerton, CA 0 B.A., Political Science, University of California, Irvine, CA Professional Affiliations ■ YWCA of San Gabriel Valley, Board Member R City of Fullerton Energy Resource Group, Board Member 19 American Association of Public Administrators (ASPA) CPS HR CONSULTING Page 119 MEW 25B-31 Proposal to the City of Santa Ana /confidential Association of Santa Ana Compensation Study Action Points, Timeframes, and Assigned Responsibiiities Compensation Study Work Plan The compensation work plan outlined in this section is intended to define all tasks within a comprehensive total compensation study from labor market selection to final reports, and the types of deliverables associated with the task. Task 2 — Review the City and CASWs Background Materials. Upon contract execution, CPS HR will request background Information from the City and CASA to ensure the project manager and the project team is prepared for the initial meeting. Typical material requests for compensation studies include salary schedules, benefits summaries, compensation policies and procedures, classification specifications, MOUS, and any other documents relevant to the study. With much of the Information available online, CPS HR will only request information that is not readily available. In addition, most of the information will have been provided during the classification study. The CPS HR project Manager will coordinate activities through and report to City and CASA management and other designated key stakeholders, Task 2 — Initial Project Meeting/Labor Market Agency and Benchmark Selection, The CPS HR Project Manager will meet with City and CASA management and designated key stakeholders to discuss the City and CASA's compensation philosophy and practices, study methodologies, deliverables, timelines, communication, and data collection methods. The proposal for this compensation study assumes that a maximum of 53 benchmark classifications will be surveyed within an identified labor market of no more than eight (8) Orange County cities with the largest populations. Additionally, the CPS HR Project Manager will be available to conduct a workshop with key stakeholders to discuss the following elements of compensation policy if so desired. Our project consultants are all located In Southern California and have a unique understanding of the surrounding cities and agencies. CPS HR will discuss and assess the current employment population and demographics to refine the market list (e.g., where do most current employees reside, what employers attract your employees, etc.). CPS HR does not simply recommend the most comparable agency based on size and services, but those that are competitive In determining the market on both the high and low end and In attracting talent, These agencies may differ between sworn and miscellaneous staff. K Additional topics include: a Labor market position (Le., median, mean, or other percentile) ® Benchmark classifications to be selected based on the following criteria: (I) They should be classifications for which counterparts can readily be found In surveyed aaim Page 120 MMW�C:PS HR CONSULTING 2513-32 Proposal to the City of Santa Anal Confidential Association of Santa Ana Compensation Study employers so that sufficient compensation data can be gathered. Classifications which have a large number of comparables from other agencies are generally selected as benchmark classifications; and (11) Benchmark classifications should have significant relationships to other classifications in their occupational group. This ensures that they will make good reference points in relating and establishing salaries for other classifications within their occupational groups. R Elements of total compensation to be surveyed Using the selection criteria, the CPS HR project team will conduct research on potential labor market agencies and will provide the City and CASA with recommendations concerning the survey agencies and benchmark classifications to be used in the study. The budget for this proposal assumes that no more than 53 benchmark classifications will be surveyed within a labor market of no more than 8 Orange County cities with the largest populations. Task 3 — Design, Develop, and Distribute the Survey Instrument, The CPS HR project team will develop a comprehensive survey instrument to ensure the effective collection of compensation data from each of the survey agencies. The survey instrument will Include a brief description of each of the survey classifications with a request for the minimum and maximum monthly salary for each. For total compensation studies, the survey will also include sectionsto-collect applicable benefits data, CPS HR's survey Instrument is designed to be completed electronically or, if need be, in hard copy. For a total compensation study, the following elements of total compensation and the benefits practices outlined below are often collected: ■ Cash add-ons premium pays such as: (i) Longevity pay; (ii) Deferred compensation; (III) Agency contribution to medical, dental and vision programs; and (Iv) Agency contributions to defined -benefit retirement programs and Social Security practices. 9 Paid time off practices such as: (1) Holiday leave; (11) Vacation and sick leave; (Ili) Administrative leave; and cash pay outs for sick and vacation leave, Task tl — Review, Analyze, and Validate tabor Market Survey Data. To ensure the City and CASA receives the most accurate data for Its studies, CPS HR will not solely rely on the completed surveys received from the labor market agencies without checking the validity of the submissions. Thus, In conjunction with the survey instrument received from each labor market agency, the project team will review any additional survey agency background materials such as copies of classification specifications, organization charts, staffing information, and other useful materials to substantiate the accuracy of the comparability of the matches. It is critical that the project team review such documents since titles alone can often be misleading and should not be relied upon. CPS HR is currently collecting data for the nearby cities for studies currently underway in Paramount and Commerce. Further, CPS HR is committed to attaining full participation frornthe labor market agencies, either through obtaining each agency's agreement to completethe survey, and/or bythe project team's Cls HR CONSULTING 25B-33 Pacje121 Proposal to the City of Santa Anal Confidential Assoclation of Santa Ana Compensation Study completion of surveys as needed. Once the project team has completed their survey analysis tasks, the CPS HR Project Manager will audit the final data as part of our quality review process. To determine whether a match from a labor market agency is comparable to the City and CASA's benchmark, CPS HR utilizes a whole job analysis methodology, this commonly used methodology analyzes the job as a whole, rather than by individual factors, by evaluating the core duties and responsibilities, the nature and level of work performed, and the minimum qualifications to determine whether the classification Is comparable enough to be utilized as a match. The methodology recognizes slight differences In duties assigned to matches from other labor market agencies which do not Impact the type, nature, and level of work performed. Matches should not be so broad that they include classifications performing dissimilar work, or work done at a higher or lower level, but they also should not be so narrow that they exclude matches doing comparable work, with slight differences in work that do not change the level .and nature of work. Task ,— Design and Develop Data Spreadsheets. CPS HR will develop an individual data sheet for each survey classification that presents the comparable classification used in each agency with the relevant data associated with that classification, such as the position ranking within the labor market and salary range minimum and maximum. The labor market data analyses will be conducted based upon the labor market position affirmed within the City and CASA's compensation philosophy (e.g., median, mean, or other percentile). Each comparable match for each survey classification is reported In the relevant data sheet for full disclosure and review by others. We find this level of transparency in matching provides for a better understanding and acceptance of study results. TOTAL COMPENSATION ONLY Task 6 — Conduct Benefits Analysis. The benefits data submitted from the labor market agencies will be Incorporated into the base salary data sheets to provide a total compensation analysis. This quantitative analysis of program costs will provide the City and CASA with an understanding of how the study classes compare against their market when the costs of benefits programs ate taken into consideration. Within these data sheets, four (4) different analyses Can be conducted based on how our clients wish to view the data; 1. An analysis of where the survey classification fails within the labor market for base salary 2. An analysis of where the survey classification falls within the labor market when the cost of cash add-ons is taken Into consideration (total cash) 3. An analysis of where the survey classification falls within the labor market when the cost of cash add-ons and health programs are taken into consideration 4. An analysis of where the survey classification falls within the labor market when the cost of cash add-ons, health program costs and retirement contributions are taken Into consideration (total compensation) Other analyses can be conducted based upon the City and CASA's needs. �.. CPS HRAOEM:CONSULTINCa Page I 22 25B-34 Proposal to the City of Santa Ana / Confidential Association of Santa Ana Compensation Study Task 7 -- Conduct internal Equity Analysis/Prepare Draft Salary Recommendations, A comprehensive and balanced pay program Is the result of the analysis of external labor market data, combined with an analysis of important internal relationships that reflect the City and CASA's value system of jobs. With the whole job methodology, the internal pay relationship analysis for non -benchmark classifications will involve several steps to arrive at sound and equitable relationships. Among others, the most important of these steps will Include: N Analysis of existing and historical pay relationships s Development of consistent, uniform and realistic guidelines for determining internal relationships including span of control, nature and level of work performed and related components 0 Recommendation of equitable and appropriate Internal relationship differentials based on the above Provided Is the methodology CPS HR utilizes for establishing salary levels for benchmark and non - benchmark classifications in our compensation studies. This methodology would be applied to all the City and CASA study classifications: (1) The first step Is to conduct a comprehensive understanding of the City and CASA's approach to Identify the benchmark classifications to be used in the salary setting process; (2) The second step is to establish salary recommendations for these benchmark classifications by settingthe salary level based on the market data; (3) The third step is to conduct a comprehensive review of the City and CASA's current Internal alignment differentials to determine what their practices are, and if they should be adjusted; (4) The fourth step Is to apply recommended internal differentials within job families to build the salary recommendations for classifications which have significant relationships to each other. because they are in the same job series or family; (5) The fifth step is to determine what classifications remain that are not benchmark classifications, or classes that minimal comparable data was available for, and are also not part of a job series or family, These classifications are then reviewed to determine which classifications are the subject classifications currently Internally aligned with and whether that relationship should be changed. Evaluation factors include the nature and level of work performed, as well as the minimum qualifications, The following steps are followed for each classification within the pay plan. The salary recommendations for each study classification will display the following information: ■ Classification title ■ Current monthly range maximum ® Recommended monthly range maximum ® The percentage difference and/or dollar amount difference between the current and recommended monthly range maximum and the steps within a range, if desired This information will provide the City and CASA with the percentage and dollar amount of any Increase on a classification -by -classification basis. 'CPS HIS A"m WNSULTINC page IMMW�s 25B-35 Proposal to the City cf Santa Anal Confidential Association of Santa Ana Compensation Study As an alternative, CPS HR can prepare a customized point factor approach. Tills approach will place each job on a consistent scale using job factors that are Important to the City and CASA. CPS HR will begin the process with its standard point factor approach. That approach will be presented to a compensation committee or some other stakeholder group to finalize the chosen job factors and their relative weights, Task S — Prepare Draft Compensation Report. The project team will develop a Draft Compensation Report detailing the results of the labor market survey. This draft report will comprise the following: • Scope of the study t labor market agencies, including the comparable characteristics (e.g., size, scope of services, number of employees, etc.) ■ Study benchmarks, including the City and CASA's methodology utilized to Identify benchmarks ■ labor market data analysis/methodologies • Results of the base salary survey ■ Results of the benefits analyses ■ Results of the total compensation analysis • Salary recommendations for all classifications to assure internal equity and external competitiveness The CPS HR project Manager will meet with the City, labor Union representatives, and any designated key stakeholders to discuss the Draft Compensation Report and to respond to any questions, comments, or concerns on the report. Task 9 — Research and Resolve Issues/Prepare the Final Compensation Report. Based upon the City and CASA's review of the Draft Compensation Report, the project team will follow-up and resolve any outstanding compensation issues. Hard and electronic copies of the Final Compensation Report and the automated Internal equity analysis will be delivered to the City and CASA and the results presented to City and CASA management and any other designated stakeholders. Given the proximity of CPS HR's staff, we are available for additional on-site, in- person mreetings as required, CPS III -0 CONSULTING Wage 124 25B-36 Proposal to the City of Santa Ana /Confidential Association of Santa Ana Compensation Study Commitment to the Proposed Timeline The team members selected will be dedicated to this project to ensure that the deadlines for completion are met. CPS HR is open to discussion regarding the commencement of the compensation study in the interest of the City and CASA's operational goals. The final timeline after that point is highly dependent on any dialog/meetings/time the City and CASA will need to review the data Internally, CPS HR will be able to commence work upon contract completion. Our timeframes are based upon the assumption that (1) the selected labor market agencies will provide the Information required within the specified timeframe, and that ([I) the City and CASA will be ableto review, comment on, and approve study products within agreed upon timeframes. During the study, the CPS HR Project Manager will provide the City and CASA with Interim status reports weekly on project progress and will assess any impacts on the timeline, We use sound and proven project management procedures to ensure our engagements are completed in a timely manner. It Is customary for CPS HR to manage time and Invoicing with a bi-weekly or monthly project status reports, We can also use Wrlkel" software to provide project management Information and timelines about the work product. T ask # 1 Total compensation Study *Note. bi-weekly updates will be provided by CPS HR project manager Review the Background Materials and Revised Classifications Week" Number(s) 1 2 Initial Project Meeting, labor Market Agency and Benchmark Selection 2-3 3 Design, Develop, and Distribute Survey Instrument 4-6 4 Review, Analyze, and Validate labor Market Survey Data 7.9 5 Design and Develop Data Spreadsheets 10-11 6 Conduct Benefits Analysis (Would be removed for Base Salary $tady) 12-13 7 _ Conduct Internal Equity Analysis/Prepare Draft Salary Recornmendatlons 14.15 a Prepare Draft Compensation Report and present to stakeholders 16-17 9 Finalize report based on feedback 18 CC'S HR ,MOL:.w CONSULTING 25B-37 Page 125 Proposal to the Cltyof Santa Ana/Confidential Assoclation of Santa Ana Compensation Study References Agency: Address; Contact: imperial County 940 Main St, Ste 101, EI Centro, CA 92243 Rodoifo Aguayo, Interim Director of HR and Risk Management; Phone: (760) 482.4488; Email: rodolfoagueyo@co.imperial.ca.us Description: CPS HR has worked with the County since 2007 on multiple classification & Contact: compensation projects. Examples of several studies include: ■ A department -wide classification and compensation study for all safety Description: classes in the Fire Department. This included the creation of new classes; review of compensation; review and revision of minimum requirements for hire or promotion for all classes; and preparation of new classification specifications for all positions. ■ A Large organizational review for both the Public Health and Behavioral Health Departments. This included the creation of new divisions and sections; new classes and/or class series; analysis and recommendation for new or revised salaries; and the preparation of new or revised class specs. ■ An analysis of the position of Chief Probation Officer, which Included an analysis of the current job title, salary, and minimum qualifications. Recommendations,were_discussed with SuperiorCourt.administrators and a new classification specification was written. ■ Establishing a new class series and recommended compensation for the position of Criminal Research Specialist. Our findings were based upon an analysis to facilitate the transition of contract employees to the County, Agency: City of Lancaster Address: 44933 Fern Avenue, Lancaster, CA 93594 Contact: Kathleen Abaied, Human Resources Manager; Phone: (661) 723.6093; Email: kabaled@cityoflancasterca.org Description: CPS FIR Consulting was retained by the City of Lancaster to conduct a total compensation study for S0 benchmark classifications. The objective of the study was to determine the competitiveness of the City's base salary and total compensation in the labor market. To achieve this, CPS HR established a labor market of 10 comparable cities and collected and analyzed base salary and total CPS HR A=m CONSULTING Page 126 NEW25B-38 Proposal to the City of Santa Ana/Confidential Assoclation of Santa Ana Compensation Study compensation data. The data for this report was collected during the months of September through October 2017, This study also required collaboration with several unions representing a number of employee groups. Agency: Orange County Fire Authority Address: P.O. Box 57115, Irvine, CA 92619 Contact: Brigette Gibb, Human Resources Director; Phone: (714) 5736353; Email: brigettegfbb@ocfa.org Description: CPS HR Consulting maintains an on-going contract With the orange County Fire Authority (OCTA) to perform Classification and Compensation work as needed. CPS HR has conducted several classification studies as well as compensation studies for various OCFA departments. Agency: City of San Luis, A2 Address: 1090 E. Union Street, San Luis, A2 85549 Contact: Isabel Carlos, Assistant Director of Administrative Services; Phone: (951) 943- 6100; Email: ICarlos@cityofperris.org Description: The City of San Luis retained CPS HR to conduct an agency wide classification and total compensation study, The classification study consisted of 255 positions allocated to 110 classifications. CPS HR produced a draft classification report, which outlined recommendations for reorganization and specific position allocations in the revised class structure for each of the positions encompassed in the study. The City and CPS HR completed the final classification report In March 2017. The compensation study included 10 labor market agencies and 40 benchmark positions. CPS HR produced the final compensation report in April of 2017. Agency: I City of Berkeley (Master Contract) Address: 2180 Milvia Street, Berkeley, CA 94704 Contact: Rebecca Chen, Senior Human Resources Analyst; Phone: (510) 981.6822; Email; RChen@cityofberkeley.info :mLYr;tM CPS HIR = CONSULTING Page 12'7 25B-39 Proposal to the City of Santa Ana/Confidential Assoclation of Santa Ana Compensation Study Description: CPS HR Consulting has a current master agreement for ongoing classification and compensation services. The most recent projects Included (1) Development of a new classification: Public Works Operations Manager; (11) Development of a new classification: Information security Manager; and (iii) Development of a new classification: Digital Communications Coordinator. Each of the studies required data collection to determine the scope of the position duties in order to recommend the appropriate level and title for the new classification, in addition, labor market and internal equity was assessed to recommend an appropriate base salary range within the City's hierarchy. The City of Berkeley is a heavily unionized environment. Pariial Projed List Classification and Compensation We have conducted hundreds of classification and compensation studies for public agencies for over 31 years, Most, if not all, of these studies involve union participation and/or approval. Union participation has varied from no input to full involvement in terms of selecting comparable agencies, approving benchmark positions, and agreeing upon implementation, We have several staff that have negotiated with unions at other agencies. Due to the significant number of projects, we provide a partial list of agencies for which we have provided classification and compensation services below. With the following list and the examples provided in our references, we demonstrate how we have collected data, performed analyses on said data, made recommendations, and worked successfully with our partners/clients. CPS HIS "m IL"CONSULTING Pap 128 25B-40 Proposal to the City of Santa Anal Confldential Assoclation of Santa Ana Compensation Study Nomi Regional Transportation Commission, NV Brawley, City of Rio Dell, City of* California Bureau of State Audits Rocklin, City of* California Dept of Corrections and Rehabilitation Roseville, City of (Electric Utility Department) California Department of Energy Sacramento Municipal Utility District California Department of Food and Agriculture Sacramento, County of* California Department of Human Resources Safety Center, Inc, California Department of Real Estate San Diego County Water Authority California Office of the Chief Information Officer San Joaquin Regional Rail Commission California Seismic Safety Commission San Joaquin, County of* California State University, Sacramento San Luis, City of Clark, County of* San Luis Obispo, County of Commerce, City of (rurrentstudy) Santa Cruz Metropolitan Transit District Contra Costa, County of Santa Cruz Regional Transportation Commission Eureka, City of Santa Cruz Unified School District Glenn, County of* Sierra Nevada Conservancy Greater Los Angeles County Vector Control District Stanislaus, County of* Housing Authority of Santa Clara State Bar of California imperial, County of Superior Court of California, orange County Jurupa Community Services District Tehachapi, City of Lancaster, City of Ventura, County of* Los Angeles Co Employees Retirement Assoc;* Vista, City of* Los Angeles Department of Water and Power Waxahachie, City of Madera, City of Western Area Power Administration Mojave Water Agency* Yosemite Community College* Monterey Peninsula Airport District rmEdfil CPS HR 'mm CONSULTING Pane 12,9 25B-41 Proposal to the City of Santa Anal Confidential Association of Santa Ana Compensation Study Proposed Cost Professional Fixed Fee Caption 1 - Total Compensation Study The professional fixed fee to complete the City and CASA's total compensation study as described In this proposal is: $24,999 Inclusive expenses. Caption 2 - Base Salary Study The professional fixed fee to complete the City and CASA's base salary stud as described In this proposal Is: $23,372 Inclusive expenses.. Project Tasks - Total Compensation Study Task Task Budget Review the City's Background Materials $377.00 Initial Project Meeting, Labor Market $1,390.00 Agency and Benchmark Selection Provide Long List to be pared down Resign, Develop, and Distribute Survey $1,010.00 Instrument Review, Analyze, and Validate Labor $3,397.00 Market Survey Data ($3 benchmarks) Design and Develop Data Spreadsheets $4,050.00 Conduct benefit analysis $3,800.00 Prepare Draft Compensation Report with $1,675.00 matrix of medical premiums Research and Resolve Issues/Prepare the $1,810.00 Final Compensation Report Prepare, Submit, and Present Final $3,440.00 Classification Report Present to stakeholders and finalize $2,010.00 report based upon feedback Ongoing Communication $2,040,00 mawar^ ,CPS HR A=CONSULTINC Pago130 25B-42 Proposal to the City of Santa Ana/Confidential Assoclatlon of Santa Ana Compensation Study Project Tasks - Base Salary Study CPS HR = CONSUL.TING Page 131 25B-43 BudgetTask Task Review the City's Background Materials $377,00 Initial Project Meeting, Labor Market $1,390,00 Agency and Benchmark. Selection Provide Long List to be pared down Design, Develop, and distribute Survey $1,010.00 Instrument Review, Analyze, and Validate Labor $5,570,00 Market Survey Data (53 benchmarks) Design and Develop Data Spreadsheets $4,050.00 Prepare Draft Compensation Report with $1,675,00 matrix of medical premiums Research and Resolve Issues/Prepare the $1,810,00 Final Compensation Report Prepare, Submit, and Present Final $3,440.00 Classification Report Present to stakeholders and finalize $2,010,00 report.based upon feedback Ongoing Communication $2,040,00 CPS HR = CONSUL.TING Page 131 25B-43 Proposal to the City of Santa Anal Confidentlal Association of Santa Ana Compensation study Reimbursable Expenses CNS HR is flexible with the proposed work plan; alternate approaches may be discussed with the City and CASA which may in turn change the proposed cost of the project. As described In this proposal, the methods, approach, timellnes, as well as the proposed fee, have been prepared as accurately as possible based upon the services requested and study objectives described in the Information provided to CPS HR. if changes or additional services are required, we will be happy to discuss changes to the project tasks and/or schedule. Any assistance the City and CASA can provide with this task could greatly reduce the costs. In addition, the use of focus groups for the collection of data could dramatically reduce the price depending upon the number of incumbents that need to be interviewed. Rates for Additional Services A rate schedule is presented below for any additional work desired by the City and CASA that Is not specified in the work plan prepared for this proposal. Page (32 CPS HIS CONSULTING 25B-44 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: APPROVE AGREEMENT WITH MERCY HOUSE LIVING CENTERS, INC., TO OPERATE AN INTERIM HOMELESS SHELTER IN SANTA ANA {STRATEGIC PLAN NOS. 1,6; 5,4; 5,6} ra'�!%.r� RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement with Mercy House Living Centers, Inc., to operate an interim Emergency Homeless Shelter in Santa Ana for a period of one year in the amount of $3.1 million commencing on the execution date of the agreement, with the option to renew for up to one additional year exercisable by the City Manager and City Attorney, in an amount not to exceed $6 million, including renewal period, and inclusive of a $250,000 annual contingency, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION At the September 4t', 2018 City Council meeting, the City Council approved a Memorandum of Understanding (MOU) with the County of Orange to relocate the Courtyard Emergency Homeless Shelter (Courtyard) to a more suitable location and to expand shelter beds for the specific use by the City of Santa Ana. The MOU was ratified by the County on September 11th. This agreement will mitigate the negative impacts of homelessness in Santa Ana, will provide Santa Ana unsheltered homeless with shelter and supportive services, establish a long-term collaborative effort between the City and County, minimize the migration of homeless individuals into Santa Ana, ensure available bed capacity for Santa Ana's use, and discontinue the Santa Ana Armory program. Given that the selection and acquisition of a permanent site, tenant improvements and relocation of the Courtyard may take12-18 months, the City recognizes the need for an Interim Emergency Homeless Shelter to ensure individuals experiencing homelessness from the City of Santa Ana, have a safe and stable place to stay, and to mitigate the impact of homelessness in the community. A benefit for the City in implementing a Santa Ana only Interim Emergency Homeless Shelter is that the City will define and control the intake and referral process, thus providing safeguards within City boundaries. This is essential, given the data collected from the March 2018, City led Point-ln- Time (PIT) count, which found that over 50% of the population arrived in Santa Ana from other parts of Orange County. The PIT count resulted in a 121% increase in the unsheltered homeless 25C-1 Agreement with Mercy House Living Centers Inc., to Operate an Interim Emergency Homeless Shelter in Santa Ana September 18, 2018 Page 2 population compared to the 2017 County led PIT count; further validating the City had been negatively impacted by the lack of homeless shelters throughout the County. Following the August 3'd, 2018 status hearing with Federal Judge David Carter, the City heard the Courts recommendation to identify an Interim Plan and to act quickly, especially in light of the Emergency Armory's closing in July 2018, creating increased numbers of homeless individuals sleeping in parks, public right-of-ways and in surrounding communities negatively impacting Santa Ana. Given the Court's direction, to have a viable plan by the September 7th status hearing, and at the direction of the City Council; the City Manager's Office, City Attorney's Office, Santa Ana Police Department and Community Development Agency staff worked diligently to develop an Interim Emergency Homeless Shelter Plan. The Interim Emergency Homeless Shelter Plan includes the following requirements in partnership with a service provider. The agreement will provide for: • A 200 bed low barrier facility accepting chronically homeless and vulnerable homeless population from Santa Ana only. • A facility with no walk-ins (Santa Ana Police Department and approved service provider referrals only) • A facility operating 365 days, 24 hours a day • Meals, hygiene facilities, transportation, storage, etc. for up to 200 beds. • Support services, employment and housing navigation, daytime program activities, and night time program monitoring. • 24- hour security and surveillance • A Good Neighbor Policy Given the relatively short period of time to meet the September 7d' deadline, Staff solicited proposals from two non-profit homeless service providers that currently operate homeless shelters in Orange County and in particular work with the City of Santa Ana. The potential providers submitted written proposals outlining the provision of programs and services, execution of operations, budget, and work models to operate the proposed Interim Emergency Homeless Shelter. A review committee comprised of Staff from the City Managers Office, Santa Ana Police Department and Community Development Agency, reviewed the two proposals and selected Mercy House Living Centers Inc. (Mercy House), to operate the Interim Emergency Homeless Shelter. Mercy House displays best practices in program delivery, safe operations to mitigate negative impact to community and a cost effective budget that meets the needs of the City. Mercy House has agreed to operate the Interim Emergency Homeless Shelter and be fully operational within 60 to 90 days following the execution of the agreement. Furthermore, Mercy House has agreed to a quick ramp up of 50 beds within the first 45 days, therefore, meeting the need of providing shelter for the homeless as soon as possible and mitigating the negative impacts in Santa Ana. Staff recommends the approval of the agreement with Mercy House to operate the Interim Emergency Homeless Shelter. 25C-2 Agreement with Mercy House Living Centers Inc., to Operate an Interim Emergency Homeless Shelter in Santa Ana September 18, 2018 Page 3 STRATEGIC PLAN ALIGNMENT The activities covered by this report allow the City to meet Goal # 1 — Community Safety, Objective # 6 (enhance Public Safety Integration, communication and community outreach); Goal # 5 - Community Health, Livability, Engagement & Sustainability, Objective # 4 (Support neighborhood vitality and livability) and # 6 (Focus projects and programs on improving the health and wellness of all residents). FISCAL IMPACT The cost for the first year of services will not exceed $3,121,700, which includes $250,000 in contingency funds, if necessary. The funds are available for expenditure from the Contract Services -Professional account as follows: Program I Account I FY 18/19 FY 19/20 Total Inclusionary Housing Fund 1 41718820-62300 1 $2,316,275 $805,425 $3,121,700 The cost for the possible second year of services will not exceed $2,878,300, which includes $250,000 in contingency funds, if necessary. The possible sources of funds anticipated to be available for expenditure are as follows: Program Account FY 19/20 FY 20/21 Total Senate Bill 2 TBD $1,056,225 $907,075 $1,963,300 Inclusionary Housing Fund 41718820-62300 $ 715,000 $ 0 $ 715,000 Emergency Solutions Grant 13518785-62300 $ 200,000 $ 0 $ 200,000 Totals $1,971,225 $907,075 $2,878,300 The potential sources of funds and funding amounts for the second year are subject to change, pending final allocations from the U.S. Department of Housing and Urban Development (HUD) for the Emergency Solutions Grant along with an approved Action Plan (HUD), and from the California's Building Homes and Jobs Trust Fund for the Senate Bill 2 (Building Homes and Jobs Act). If there are insufficient funds from these three identified sources, funds may also be available and budgeted from the Community Development Block Grant and Inclusionary Housing Fund, during the annual budget process. Steven A. Mendoza Executive Director Community Development Agency Robert C. Cortez '-- Deputy City Manager City Manager's Office APPROVED AS TO FUNDS AND ACCOUNTS: Sergio Vidal Assistant Director Finance and Management Services Agency Exhibit: 1. Agreement with Mercy House Living Center 25C-3 25C-4 AGREEMENT WITH MERCY HOUSE LIVING CENTERS TO OPERATE AN INTERIM EMERGENCY HOMELESS SHELTER On the 18"' day of September, 2018, THIS AGREEMENT was presented to the City Council of 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") detailing the terms and conditions provided below for Mercy House Living Centers, Inc. ("Contractor"), to operate an interim homeless shelter. RECITALS A. The City desires to retain a contractor to administer and operate an interim, low barrier emergency homeless shelter in the City of Santa Ana ("Shelter"). B. Contractor has submitted a proposal that was selected by the City for this purpose. Contractor is qualified by experience, preparation, organization, staffing, and management to operate programs on behalf of homeless individuals, and is familiar with existing homeless services in the City. C. In undertaking the performance of this Agreement, Contractor represents that it is Imowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Contractor shall provide all premises, approvals, facilities, labor, staffing, training, equipment, building improvements, services, and items (collectively, the "Services") appropriate and necessary to fully and adequately perform, and shall perform, the Scope of Services established for the Shelter as described in Contractor's proposal to the City, which is attached as Exhibit A and incorporated in full. All Services shall be performed at a site, included within the City's SB -2 zone (Senate Bill 2 Building Homes and Jobs Act), secured by the Contractor and acceptable to the City, and in accordance with the provisions of this Agreement and all applicable local, state, and federal laws, rules, and regulations. b. Contractor shall ensure that all equipment, as listed in Exhibit A, purchased with funds pursuant to this Agreement, and utilized for and at the Shelter, will be disposed of in accordance with the direction of the City. In addition, all equipment furnished to the Contractor by the City and/or purchased by the Contractor with funds pursuant to this Agreement, will be limited to use within the activities outlined by this Agreement and will remain the property of the City. Upon termination of this Agreement, Contractor will immediately return all equipment to the City or dispose of it in accordance with the direction of the City. P.eslrof t 2. EFFECTIVENESS AND TERM OF AGREEMENT This Agreement shall not become effective unless and until a site for the Shelter and Services has been secured by Contractor as evidenced by a signed lease or other signed written instrument to the City's satisfaction, provided that if no site is secured on or before October 31, 2018, this Agreement shall be void and have no force and effect. Such proof of a secured site shall be subject to review and written approval by the City Manager, which on the date approved, the City shall provide a written acceptance to the Contractor ("Effective Date"). The Agreement will commence upon the Effective Date and continue for one year, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for a period of up to one year by mutual agreement of the parties. 3. START-UP FUNDING AND COMPENSATION a. Upon the Effective Date of this Agreement, City agrees to provide Contractor with up to $650,000 in start-up funding as provided in Exhibit A. b. From and after the Effective Date, City shall pay Contractor the monthly fee of $185,141.67 as compensation for all Services rendered under this Agreement (for year 1). The parties acknowledge that the monthly fees or other related reimbursable items provided in Exhibit A may be adjusted in year 2 of the Agreement, if extended, provided that the total not to exceed amount for the Agreement, specified in subsection 2.c. below, remains unchanged. C. The total sum to be expended under this Agreement including any extension periods, shall not exceed $6,000,000. This sum is comprised of (1) the amount of $2,871,700 for year 1 costs, (2) $2,628,300 for year 2 costs, if the Agreement is extended, and (3) an annual contingency of $250,000 for additional services and reimbursable items to be provided by Contractor at the sole discretion and approval of the City. A summary of year 1 costs is attached as Exhibit B. d. With the exception of the payment required by Section 3.a., all other payments by City shall be made within forty-five (45) days following receipt of proper invoice evidencing fees, costs or services performed, subject to City accounting procedures. 4. SERVICE DELIVERY MONITORING The City Manager or his or her designee shall have the right to access all activities and facilities operated by Contractor under this Agreement. Facilities include all files, records, and other documents related to the performance of this Agreement. Activities include attendance at staff, board of directors, advisory committee and advisory board meetings, and observation of on- going program functions. Contractor shall permit on-site inspection of the Shelter by City and ensure that Contractor's employees and board members furnish such information, as in the judgment of the City may be relevant to the question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the Services. P2st—b 5. REPORTING Contractor shall provide to the City a weekly written report of the Services, in a format to be approved by the City and as further described in Exhibit A. 6. 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. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary 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. Workers' Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, 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 Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. PL / d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved by the City. (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) Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. (iv) Contractor shall supply City with a fully executed additional insured endorsement. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to 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 perfonned prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor 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 operations or willful misconduct of the Contractor or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense.of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party 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. Contractor's indemnification obligations in this section shall survive expiration of this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but,also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. 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 the performance of services specified under this Agreement. 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 PLi;u5 # 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 With courtesy copies to: To Contractor: City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Mercy House Living Centers, Inc. P.O. Box 1905 Santa Ana, CA 92702 Attn: Larry Haynes, Executive Director 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 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 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. ��uf o 14. ASSIGNMENT With the exception of subcontractors identified in Exhibit A for the provision of certain services, 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 or 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, 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. 16. NONDISCRIMINATION 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. 17. GOVERNING LAW AND 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 Contractor shall, throughout the terns 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. 19. 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 29tofli 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. CITY OF SANTA ANA CONTRACTOR Raul Godinez II City Manager ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: /YV. JohnIM.Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Robert Cortez Deputy City Manager M42 Name: Title: Exhibit A Santa Ana Interim Emergency Shelter Scope of Services 25C-13 Interim Emergency Shelter Program Description The Santa Ana Interim Emergency Shelter Program will accommodate up to 200 clients while providing access to a range of programs and supportive services. The Program is designed to provide safe shelter, basic needs, and navigation services to move Individuals and families out of homelessness and into permanent housing opportunities. Clients will be admitted with minimal, `low -threshold" requirements so that chronic and vulnerable homeless people In the city of Santa Ana can easily enter and remain in shelter until they can find permanent housing. Those accessing the Interim Emergency Shelter Program will be limited to homeless single men and single women, couples and families living on the streets from the City of Santa Ana. Mercy House will provide weekly outcome reports including at a minimum numbers served, housed, exited with destinations. Mercy House will work with the city to provide additional non-HIPAA Information as requested. Timeline Our usual ramp up time to engage vendors, purchase materials, hire and train staff is 60-90 days. Mercy House will do everything possible to have a soft opening of 50 beds approximately 45 day after activation of a contract. We would strive for the following timeline: 45-60 day 50 beds —soft opening (single adults only) 60-90 days 150 beds (Singles, couples) 90-120 days 200 beds (Singles, couples, and families) Start-up Funding and Monthly Payments City will provide up to $650,000 upon the Effective Date, as defined In the Agreement, for startup cost followed by a monthly payment to ensure smooth operations. Access to safe shelter The Interim Emergency Shelter Program will be accessible 24 hours a day, seven days/week, 365 days a year..ln order to.decrease.the impact to the surrounding.neighborhood, access to bed availability will. be handled through a reservation system. No walk-ins for the Interim Emergency Shelter Program or services will be permitted. Mercy House will provide on-site staff to track dally bed Inventory and communicate daily bed vacancies with local service providers. Additionally, a predetermined percentage of beds will be held each night to prioritize referrals from the Santa Ana Police Department. Length of Stay There is no set minimum or maximum length of stay. However, consistent with national best practices, the goal for length of stay is 30 days or less. Each client will have an Employment and Housing Navigator supporting their progress toward Housing Stabilization. The program is designed to provide this support until a housing option becomes available. However, at any time a client may be exited from the shelter for safety or continual shelter violations. Additionally, if a client exceeds 30 days, an intensified housing location and exit plan strategies will be implemented. 25C-14 Sleeping Areas Due to the temporary nature of this project, beds provided will be individual cots. Each client will be assigned a cot and bedding for the length of their stay. Space will be divided to allow for separate sleeping areas for men and women, couples and families. Flexible sleeping space will also be provided for transgendered populations, those dealing with illness or for other special needs populations. Meals Breakfast, lunch, dinner and snacks will be provided for all clients in a central dining area. Mercy House will work the community to attempt to secure donated breakfast, lunch and snack items. Hot meals will be purchased and delivered to the site. These meals will be served to clients of the shelter by both paid staff and volunteers. Hygiene Facilities Hygiene facilities will be provided on-site including toilets and showers. Clients will be encouraged to utilize these facilities as daily resources to them. Toiletries will be provided by Mercy House to clients as needed. Laundry will be done by paid staff and volunteers at intake and on a weekly basis to ensure a healthy shelter environment. Transoortation No walk-ups will receive shelter access. New clients and returning clients will receive direct transportation to and from the shelter daily. It is recommended that there be up to three (3) designated locations that provide ample geographic range for those seeking shelter services in Santa Ana as well as take into consideration community Impact and safety considerations. Locations will be selected by the city and police department. Securit Mercy House will contract with a state licensed security vendor that will be stationed insIdea nd outside of the shelter property. Mercy House will follow policies and procedures that promote utmost safety for clients, staff, volunteers, and the community and will strive to provide an atmosphere that promotes community, stays alert for signs of conflict, and confronts behaviors before they escalate. The security plan will include a multi -faceted approach involving secured entrances, security searches upon entrance, confiscation of harmful contraband, trained security personnel providing around-the-clock indoor and outdoor coverage, security cameras and lighting. Other program elements that will support security efforts include no walk ups and no loitering policies. 25C-15 Security will be on site at all times, and will conduct security rounds of the facility as necessary. • Security staff will be stationed both Inside and outside the shelter to ensure maximum coverage. • Program and Security staff will have communication with each other via portable electronic equipment. • Security staff will be contracted through a third party vendor. • Security staff will receive "Homeless Sensitivity Training" through Mercy House's resources. Storage All clients will have access to personal storage space. Each client bed will have a small storage bin for personal items that are needed while staying at the shelter. Additionally, they will have a secured storage bin that will be available to clients through a reservation process or at exit from the program. Additionally, a refrigerated storage area will be available to clients with medication needs. Employment and Housing Navigation Services Upon entering the shelter, each client will be assigned to an Employment and Housing Navigator. The primary function of the Employment and Housing Navigator is to work side-by-side with the client to create a pathway toward permanent housing opportunities, with the u Itimate goal of ending their homelessness within a 30 -day timeframe. Additionally, the Employment and Housing Navigator is to provide resources and support to the client during their stay. Together the Employment and Housing Navigator and the client will complete a Housing Plan, which will guide their efforts toward securing permanent housing opportunities. Meeting weekly, the Employment and Housing Navigator will document the client's progress towards actions outlined in the Housing Plan. The Employment and Housing Navigator will ensure that all clients have explored all natural supports and mainstream resources that may assist them with securing housing. For clients that are in need of a deeper housing intervention, the navigators will complete an assessment, gather documentation and enter them into the Coordinated Entry System. Daytime Program Activities As a 24-hour Interim Emergency Shelter Program, staff will encourage all clients to stay on-site during the day and to take advantage of the on-site services provided to them during the daytime. The role of Mercy House is to recruit and manage a group of partner agencies specialized in providing an array of supportive services beneficial to Interim Emergency Shelter Program clients. Daytime program activities include but are not limited to, the following: • Access to day -time service providers • Life skills classes and workshops • Indoor and outdoor recreational activities 25C-16 Services Provided The Interim Emergency Shelter will include at a minimum the following baseline services: Program Layout The shelter project will Include •3 Shelter Sleeping Area �• Pet accommodations d• Dining/Commons Area ❖ Food storage, refrigeration and prep area •3 Security Offices/Station 4, Site Administration and Operations Offices ❖ Intake and Private meeting Areas •A Restroom and Shower Areas •S Laundry Facilities I • Client Storage Area Recreational Opportunities Access to Computers In addition, the site would also feature the following: 4 Outdoor Facilities/Areas • Bike Rack Area • Outdoor Commons • Pet Area 5 25C-17 SERVICE PROVIDED PROVIDED BY 1 Intake/Assessment/Housing Navigation Mercy House 2 Diversion Assistance Referral Partner/Mercy House 3 Transportation Services and Assistance Mercy House/ transportation vendor 4 Security Mercy House /securityvendor 5 Meals MercyHouse/food vendor 6 Enrichment Activities Mercy House /Service Partner 7 Employment/Job placement Referrals Service Partner 8 Laundry Mercy House 9 Health Care Resources Service Partner 10 Crisis Evaluation/Mental Health Resources Service Partner 11 Drug and Alcohol Treatment Referrals Service Partner 12 Storage Mercy House 13 Resource and Referral services (on/off site) Mercy House/ Service Partners Program Layout The shelter project will Include •3 Shelter Sleeping Area �• Pet accommodations d• Dining/Commons Area ❖ Food storage, refrigeration and prep area •3 Security Offices/Station 4, Site Administration and Operations Offices ❖ Intake and Private meeting Areas •A Restroom and Shower Areas •S Laundry Facilities I • Client Storage Area Recreational Opportunities Access to Computers In addition, the site would also feature the following: 4 Outdoor Facilities/Areas • Bike Rack Area • Outdoor Commons • Pet Area 5 25C-17 Hours of Operation The Interim Emergency Shelter Program is open 24 hours, 365 days per year. These hours of operation will be in effect seven days per week, every week regardless of holidays or weather. 5:00 AM Early Wake Up Call 5:00 AM -8:00 AM Breakfast served 6:00 AM First shuttle for morning drop-offs 7:00 AM Second Wake Up Call 8:00 AM -10:00 PM Commons Area Open 10:00 AM Second (final) shuttle for morning drop-offs 11:00 AM -1:00 PM Lunch served 3:00 PM -4:00 PM Snack served 4:00 PM First shuttle for evening pick- ups 6:00 PM -9:00 PM Dinner served 7:00 PM Second shuttle for evening pick- ups 10:00 PM Lights Out in Sleeping Area Admission Criteria All shelter clients must be literally homeless In the City of Santa Ana which will follow the acknowledgement of local preferences as attached. Clients will be admitted through the reservation system. A prospective client must be willing to participate in creating and working a housing plan, follow shelter expectations and maintain appropriate behavior with consideration for other clients of the shelter. All clients must review and sign a copy of the "Shelter Expectation" document prior to entry. Intake staff will assist any clients who may have difficulty understanding or reviewing these expectations. A form of official identification is required to verify identity; however, a client will not be denied access to shelter services without one. Employment and Housing Navigators will assist clients in obtaining a California ID, providing each client with a no -cost ID voucher. Additionally, all Shelter Program clients will receive a shelter -specific identification card upon entering the shelter that will be used for readmission during the duration of theirstay. Shelter ID components include a photograph, fingerprints, name and other identifying information. 25C-18 Exit Procedures When a client is asked to exit due to violation of shelter expectations, violence, or criminal activity, security will escort the person off the property and those exited will be transported to a self-directed location out of the surrounding area. Grievance Procedure A client can file a grievance to dispute an action or inaction to address any client/staff conflict within 48 hours. Staff will make every effort to conduct an investigation and make a decision within 10 days. The grievance procedure does not suspend the rules or consequences established in the Program Expectations. Clients have the right to file a grievance without fear of harmful repercussions from staff. All grievances need to be documented on a Grievance Form and submitted to the Program Director. Contact information for Directors is provided on the Grievance Form. Grievances should Include the names of all parties Involved, a detailed account of the nature of the problem and requested action to be taken. Grievance forms may be obtained from any staff member. Program Directors will make every effort to resolve the conflict or concern with the client and or staff involved. If they are unable to do so they will submit the grievance to the Associate Director. The Associate Director will review grievances submitted and investigate the complaint. The Associate Director will acquire all documentation and interview involved parties as necessary. If the Associate Director feels that there is not enough information to determine if the matter was handled in an unfair manner a formal meeting will be called. At the meeting, the claimant will begin by stating his/her case to a Committee that will include the Associate Director, the Executive Director or his proxy, If necessary the Executive Staff may request a board member to sit on the committee as well. The committee may also request additional information from additional parties Involved. The Committee will review all documentation and testimony and make a decision regarding any misconduct or need for repeal of action. If the complaint involves the Executive Staff a board member will take their place on the committee. Good Neighbor Policy Mercy House is committed to communication with neighbors on an ongoing basis. As part of this commitment, a public Inquiry phone number and contact information will be posted. Community stakeholders may call this number for Information about the site or to have any questions answered. Any community complaints and/or inquiries about the Interim Emergency Shelter Program will be 25C-19 recorded and forwarded to the appropriate staff for prompt investigation. Mercy House will be fully committed to an appropriate customer service response and will consider the resolution of community complaints a high priority. Mercy House will also create and maintain a program website that will include important information for community stakeholders and clients alike. The website will include a "Frequently Asked Questions" section which will help to provide Instant answers to community concerns. Mercy House will highlight volunteer, in-kind and donation opportunities encouraging community support for the program. Mercy House is committed to communicating and working collaboratively with the Santa Ana police and fire departments through all stages of program implementation - from facility design to program execution. The intention of Mercy House Is to be as self-sufficient as possible and minimize the shelter's Impact on the local police and fire departments. This includes ensuring that staff and security are trained to properly manage and respond to an array of difficult situations that may occur at the shelter. Mercy House will provide an array of services and support that will be beneficial to local police and fire departments. During Phase I, these services include, but will not be limited, to: • Security Officers stationed both on-site and at shuttle locations • Designated beds reserved each night for law enforcement referrals • Staff Neighborhood Patrol will monitor surrounding area to control issues of loitering, abandoned property, and other blight • Training opportunities on mental illness, homeless sensitivity or other topics of interest to supplement existing department trainings • Direct referral access to the Coordinated Entry system to assist local law enforcement officers to connect homeless individuals with housing opportunities • Statistical reports on number of clients served, length of stay and/or demographic information Mercy House will be committed to active participation In city and county -wide community events. To the extent that reasonable and feasible representatives of Mercy House will attend meetings of the local Neighborhood Association(s) and local Chamber of Commerce(s) when invited, and communicate with neighborhood and business participants. Additionally, Mercy House may sponsor special events, such as community resource fairs, which will include the community and the neighborhood on various occasions. Staff Plan Mercy House will exercise their best efforts to prioritize Sana Ana residents while hiring for this shelter. The Mercy House Orange County Program Director of Emergency Shelter Program, Services, and Outreach will be responsible for the performance of all Emergency Shelter Program, Services, and Outreach Activities in Orange County. Their primary responsibilities include program management, development, and community relations, which includes supervising the Program Manager of the 25C-20 Emergency Shelter Program. They will oversee scheduling and coordination of all Shelter sites and services, implement new services, manage the budget, and assist in various aspects of staff's duties. All Shelter operations and staff will be supervised by the full time Program Manager of Emergency shelter Program. The Manager will be a full time, salaried position with an Associate's Degree and at least 2 years of direct life experience working with long-term homeless, low income, and diverse populations. The Program Manager will be responsible for coordinating program services forthe Emergency Shelter Program. Primary responsibilities include supervising support staff. This position may require the transportation of supplies. This position will report directlyto the Orange County Program Director of Emergency Shelter Program, Services, and Outreach. The Emergency Services Site Leader will be responsible for overseeing services and activities in the Interim Emergency Shelter Program. They will oversee all shelter activities including logistics and client intake, oversee distribution of services, and assist In coordination of volunteers and supportive services. They will provide support to staff during designated shifts and will assign tasks, oversee administrative duties that support program services. The Site Leader reports directly to the Emergency Shelter Program and Services Program Manager, reporting any staff orshelter Issues as needed. The Emergency Shelter Program Intake Coordinator will be responsible forthe reservations, bed inventory, and intake and diversion for the Emergency Shelter Program. The Employment and Housing Navigator position will require an Associate's Degree and at least 2 years of direct life experience working with long-term homeless, low income, and diverse populations and have working knowledge of mental health and addiction issues. The Employment and Housing Navigator will provide assistance to Shelter clients and conducts an individual assessment of needs, followed by provision of targeted services focused on returning individuals to permanent housing as quickly as possible. The Employment and Housing Navigators will conduct the VI-SPDATassessment, determine eligibility, enters assessment into Central Intake System for prioritization and linkage to housing provider,'heips clients obtain necessary documents, and provides individuals with employment guidance and community resources. When clients are referred to other programs, the Employment and Housing Navigator provides a warm hand-off to the service provider. The Emergency Shelter Volunteer Coordinator will be responsible for coordinating volunteer services for the Emergency Shelter Program. The volunteer coordinator will work directly with volunteers, conducts orientation, training and provides support to volunteers at the shelter. The Emergency Services Program Logistics Support Coordinator will be responsible for providing supportive services and logistical support to the Emergency Shelter Program during designated shifts. This position will require a flexible workschedule Including weekend, morning, evening, and holiday shifts to provide optimal coverage during Shelter hours. Th is position will report directly to the Emergency Shelter Program and Services Program Manager. This position will assist with shelter setup 25C-21 and maintenance, general cleanliness and safety of facility, assisting and receiving orders from vendors, posting and updating signs and service calendars, and more as needed. The Emergency Services Overnight Coordinator will be a part time position that covers overnight shifts at the Emergency Shelter Program. They resolve conflicts and file incident reports as necessary, report violations and general events in the da ily log. They also oversee the cleaning crew and conduct property checks. The Overnight Coordinator provides general support for clients, ensuring their safety during the night. The Data Entry Specialist is responsible for the data input and reporting for the Emergency Shelter Program. The objective of this position is to meet and manage our HMIS data and reporting requirements. Volunteers will assist with dally ongoing operations of the shelter as needed. Approximately 8 -10 volunteers will be needed 7 days per week. Volunteers will be assisting with set-up, clean-up, preparing and serving meals, intake, laundry, daytime activities, reservation calls, administrative duties and donations. Recommended Shelter Operation Staff and Security Coverage Time of Day Staff Count Security Count 6:00:00 AM 4 2 7:00:00 AM 4 2 8:00:00 AM 4 2 9:00:00 AM 3 2 10:00:00 AM 4 2 11:00:00 AM 4 2 12:00:00 PM 4 2 1:00:00 PM 5 2 2:00:00 PM 5 4 3:00:00 PM 4 4 4:00:00 PM 5 4 5:00:00 PM 5 4 6:00:00 PM 5 4 7:00:00 PM 5 4 8:00:00 PM 4 4 9:00:00 PM 4 4 10:00:00 PM 3 4 11:00:00 PM 3 3 12:00:00 AM 3 3 1:00:00 AM 3 3 3:00:00 AM 3 3 4:00:00 AM 3 3 5:00:00 AM 4 3 10 25C-22 Staff Training All Emergency Shelter Program staff will be trained when hired in emergency evacuation, first aid procedures, mandated reporting policies, crisis intervention, and CPR procedures. This training will be repeated and updated annually and as needed. Staff may receive additional training on different topics as opportunities arise and are needed. Each staff member also receives on-going in-service training in crisis management, strength based approaches, and trauma informed care, motivational Interviewing, mediation, and positive communication skills. Security staff will be provided sensitivity training to better equip them to work with homeless clients, and those in crisis. 11 25C-23 ATTACHMENT A JOB DESCRIPTIONS 12 25C-24 Mercy House Orange County Program Director of Emergency Shelter Programs, Services and Outreach Job Description Introduction: O.C. Program Director of Emergency Shelter Programs, Services, and Outreach is responsible forthe performance of all Emergency Shelter Program, Services and Outreach Activities in Orange County. Primary responsibilities include program management, program development, and community relations. This includes supervising the Emergency Shelter Program Manager. This position requires a flexible schedule especially during the winter months (weekend, morning, evening and holiday shifts). This position may at times require transportation of supplies to shelter locations. The O.C. Program Directors report directly to the Associate Director. Qualifications: Associate's Degree and at least 2 years of direct life experience working with long-term homeless, low income, and diverse populations and have a working knowledge of mental health and addiction Issues. Possess a high level of tolerance and understanding for Individuals who present for services with urgent multiple case management and health needs. Ability to perform crisis intervention as needed; clearly communicate Information and instructions verbally and in written form; maintain a positive, professional and safe environment while on duty; and establish and maintain effective working relationships with others. Valid CA driver's license, proof of insurance and reliable vehicle is required. Program Management and Development Goal: Oversee the development and Implementation of all program services for our Emergency Shelter Program to ensure quality delivery of services. • Maintain performance of existing shelter services • Oversee the scheduling and coordination of all Shelter Sites • Ensure strong communication between Staff and Partner agencies • Oversee coordination of shelter activities and distribution of services • Provide monthly reports to the Associate Director • Develop new partnerships with other agencies in order to enhance our current services • Oversee Implementation of newservices • Implement new services • Manage Budget • Oversee Purchases, Vendor Bids and MOU's Staff Management Gaal: Manage Identified Staff facilitating optimal performance. • Manage and supervise Shelter and Services Program Managers • Assist In various aspects of staffs duties • Provide support and guidance when necessary • Provide support for crisis/conflictIntervention • Coordinate trainings and orientations when needed • Conduct Meetings monthly • Meet with identified staff individually when necessary • Review and evaluate performances • Conduct midyear and annual review Outreach Services Goal: Provide leadership in critical support in the development and implementation of Outreach Services 13 25C-25 Brainstorm, research and assist in the development our outreach strategy Oversee implementation of our Outreach Program. Assist with Front Door Calls when necessary Community Relations Goal. Positively advance agencies reputation In the broader community. • Maintain active Involvement with neighbors and program partners • Maintain active involvement with community service organizations Miscellaneous • Provide creative input to the Executive and Associate Directors • Participate in networking functions • Attend appropriate training workshop as needed • Attend appropriate house and staff meetings • Complete ad hoc projects as appointed by Supervisor 14 25C-26 Program Manager- Emergency Shelter Program and Services Job Description Introduction: This Program Manager is responsible for coordinating program services for the Emergency Shelter Program. This position requires dependability, responsibility, organizational skills; and strong written and verbal communication skills. Primary responsibilities include program management, program development, and outreach and community relations and reports to the O.C. Program Director of Emergency Shelter Program, Services, and Outreach Programs. This position Includes supervising support staff and requires a flexible schedule (weekend, morning, evening and holiday shifts). This position may require the transportation of supplies. Fluency in Spanish is a significant value. Qualifications: Associate's Degree and at least 2 years of direct life experience working with long-term homeless, low income, and diverse populations and have a working knowledge of mental health and addictions issues. Possess a high level of tolerance and understanding for individuals who present for services with urgent multiple case management and health needs. Abilityto perform crisis intervention as needed; clearly communicate information and instructions verbally and in written form; maintain a positive, professional and safe environment while on duty; and establish and maintain effective working relationships with others. Valid CA driver's license, proof of insurance and reliable vehicle is required. Emergency Shelter Program Goal: Ensure that the Shelter runs smoothly and that we maintain accurate data and strong communication with community partners. • Oversee Client Services • Coordinate calendar and services provided by partner agencles • Support all aspects of operations including direct client services when necessary • Oversee the collection and distribution of donations • Assist with monitoring facility security and maintenance • Ensure enforcement of our good neighbor policies • Assist with securing necessary resources • Oversee collection, input and distribution of intakes / summary sheets / reports • Provide support with community resources and referrals • Develop new partnerships with other agencies in order to enhance our current services • Manage program budget • Facilitate Shelter and Partnership Meetings. 1s 25C-27 Management • Goal: Manage Identified Program Staff, Interns and Volunteers facilitating optimal performance. • Manage and supervise support staff in all of their duties • Assist In various aspects of staffs duties • Assist in coordinating and managing on-site volunteers • Assist in coordinating and managing special group events and holiday events • Provide crisis/conflict intervention • Coordinate trainings and orientations when needed • Conduct 90 day, midyear, and annual reviews. Community Relations • Goal: Positively advance Agencies reputation in the broader community. • Maintain active involvement with neighbors and program partners • Maintain active involvement with community service organizations Miscellaneous • Must participate in networking functions and community meetings. • Attend staff meetings and training workshops as needed • Assist with general duties (stocking supplies, copies, fax, phone calls, etc.) • Enhancejob performance by applying up-to-date professional knowledge gained by attending seminars and conferences and reviewing professional publications. • Perform ad hoc projects as appointed by Supervisor 16 25C-28 Emergency Services Site Leader Job Description Introduction: The Emergency Services Site Leader is responsible for overseeing services and activities at the Emergency Shelter Program. Dependability, responsibility, and the ability to communicate effectively and respectfully are mandatory skills. Ability to work effectively with a diverse population; plan, organize and prioritize duties; maintain a positive, professional and safe environment while on duty; and establish and maintain effective working relationships with others. This position requires a flexible workschedule including some weekend, morning and evening and holiday shifts. This position reports directly to the Emergency Shelter Program Manager. Fluency in Spanish is a significant value. Qualifications: Possess a high level of tolerance and understanding for Individuals who present for services with urgent multiple case management and health needs. Ability to perform crisis Intervention as needed; clearly communicate information and instructions verbally and in written form; maintain a positive, professional and safe environment while on duty, and establish and maintain effective working relationships with others. Associate's Degree preferred but not required. Shelter • Assist in the Implementation of all shelter activities to ensure quality delivery of services. • Oversee all shelter activities including logistics and client intakes • Oversee distribution of services and all program services while on duty • Assist in the coordination of volunteers and support services • Oversee the organization of supplies and facilities needs Management • Goal: Support Identified Program Staff facilitating optimal performance. • Support shelter staff during designated shifts • Assist in various aspects of staff's duties • Assist in coordinating and managing special group events and holiday events • Provide crisis/conflict intervention • Communicate any staff or shelter issues to Program Manager. Administration • Goal: Oversee administrative duties that support program services. • Coordinate supply and service needs • Assist with securing necessary resources • Assist with record keeping and reporting Miscellaneous • Attend staff meetings and training workshops as needed • Assist with genera I duties (stocking supplies, copies, fax, phone calls, etc.) • Enhancejob performance by applying up-to-date professional knowledge gained by attending seminars and conferences and reviewing professional publications. • Perform ad hoc projects as appointed by Supervisor 17 25C-29 Emergency Shelter Program Intake Coordinator Job Description Introduction: The Emergency Shelter Program Intake Coordinator is responsible for the reservations, intake, and bed inventory for the Emergency Shelter Program. This position requires a flexible work schedule including some weekend, morning and evening shifts. Detail -oriented and computer proficient In Microsoft Word and Excel required. Dependability, responsibility, and the ability to communicate effectively and respectfully are mandatory skills. Fluency in Spanish is a significant value. This position reports to the Emergency Shelter Program and Services Program Manager. Qualifications: Strong computer and data processing skills. Ability to work effectively with a diverse population; plan, organize and prioritize duties; clearly communicate information and instructions verbally and in written form; maintain a positive, professional and safe environment while on duty; and establish and maintain effective working relationships with others Possess a high level of tolerance and understanding for individuals who present for services with urgent multiple case management and health needs. Associate's Degree preferred but not required. Emergency Shelter Program Services • Manage client reservation process • Conduct diversion interviews • Manage intake process • Maintain intake area and ensure dailyforms and supplies are stocked and ready pricrto shelter opening • Supervise on-site reservation and Intake volunteers • Collect client sign -in sheets and Intake packets, counting and verifying signatures and enter client information on Daily Summary Sheet Program Reporting • Responsible for entering all Bed Nights and Services into data base on a daily basis. • Scan and file intake packets and other pertinent documents daily. • Generate monthly, quarterly, and annual reports. Miscellaneous • Participate in networking functions • Attend staff meetings • Attend training workshops as needed • Enhancejob performance by applying up-to-date professional and technical knowledge gained by attending seminars and conferences and reviewing professional publications. • Perform ad hoc projects as appointed by Supervisor 11V 25C-30 Employment and Housing Navigator Job Description Introduction: The Employment and Housing Navigator provides assistance to individuals that are literally homeless. This assistance includes an Individualized assessment of needs, followed by provision of targeted services focused on returning individuals to permanent housing as quickly as possible. The Navigator will conduct an assessment, determine eligibility, enter assessment Into Central Entry System for prioritization and linkage to housing provider, help client obtain documents required for housing placement, provide individuals with employment guidance and community resources. Qualifications: Associate's Degree and at least 2 years of direct life experience working with long-term homeless, low income, and diverse populations and have a working knowledge of mental health and addiction Issues. Possess a high level of tolerance and understanding for Individuals who present for services with urgent multiple case management and health needs. Ability to perform crisis intervention as needed; clearly communicate information and instructions verbally and in written form; maintain a positive, professional and safe environment while on duty; and establish and maintain effective working relationships with others. Valid CA driver's license, proof of insurance and reliable vehicle is required. Supportive Services • Provide assessment for client within seven days of entering shelter. • Determine eligibility and enter assessment Into Central Entry System for prioritization and linkage to housing provider • Assist client with obtaining documents required for housing placement • While client is at the shelter provide employment linkage, benefits establishment, linkage to community providers for substance abuse, primary and mental health care, and all other services needed to assist clients in reaching their stabilization goals • While client is at the shelter provide strengths based case management and service coordination designed to assist clients in obtaining and maintaining stable housing • Conduct crisis and risk assessments in consultation with supervisor and case management team • Provide crisis intervention services focused on enhancing the client's' abilityto independently problem solve, utilize effective coping skills, and manage and self -coordinate own care • Provide warm hand off to selected housing provider ensuring a smooth transition from the shelter into housing. Documentation • Maintain documentation standards as set forth bythe program contract and program policies • Complete progress notes on every meeting with client • Input accurate and complete data into HMIS and update snapshots to reflect client progress • Maintain confidential hard copy case files with all relevant documentation In the appropriate section 19 25C-31 Emergency Shelter Program Volunteer Coordinator Job Description Introduction: The Volunteer Coordinator is responsible for coordinating volunteer services for the Emergency Shelter Program. This position requires a flexible work schedule including some weekend, morning and evening shifts. Dependability, responsibility, and the ability to communicate effectively and respectfully are mandatory skills for this position. Fluency In Spanish is a significant value. Qualifications: Strong computer and data processing skills. Ability to work effectively with a diverse population; plan, organize and prioritize duties; clearly communicate information and instructions verbally and in written form; maintain a positive, professional and safe environment while on duty; and establish and maintain effective working relationships with others Associate's Degree preferred but not required. Volunteer Coordination Goal: Maintain volunteer retention and satisfaction for the Emergency Shelter Program by ensuring that the volunteer services program is running in an organized manner to promote efficiency and order. • Set up facility for volunteer activities • Greet volunteers • Ensure that volunteers are easily recognizable while volunteering • Work with staff to assign volunteers to tasks that are vital to the success of the Shelter Program. • Train volunteers to perform required tasks • Ensure that all volunteers are effectively performing assigned tasks, staying on task and behaving appropriately • Check in with volunteers on a regular basis to ensure volunteer satisfaction and resolve any conflicts that may arise • Assist with obtaining volunteer feedback • Assist with volunteer recognition efforts • Assist with program activities, as needed Administration e Ensure that all volunteers have filled out necessary paperwork before they begin their volunteer service • Ensure that all volunteers sign -in and out for each shift • Responsible for making sure all volunteer hours and logged and entered into the data system. Miscellaneous • Attend staff meetings and training workshops as needed • Assist with general duties (stocking supplies, copies, fax, phone calls, etc.) • Enhancejob performance by applying up-to-date professional knowledge gained by attending seminars and conferences and reviewing professional publications. • Perform ad hoc projects as appointed by Supervisor. 20 25C-32 Emergency Services Program Logistics Support Coordinator Job Description Introduction: The Logistics Program Coordinator is responsible for providing supportive services and logistical support to the Emergency Shelter Program during designated shifts. This position requires a flexible work schedule including some weekend, morning and evening and holiday shifts. This position reports directly to the Emergency Shelter Program and Services Program Manager. Dependability, responsibility, and the ability to communicate effectively and respectfully are mandatory skills. Fluency in Spanish is a significant value. Qualifications: Possess a high level of tolerance and understanding for individuals who present for services with urgent multiple case management and health needs. Ability to perform crisis intervention as needed; clearly communicate information and Instructions verbally and in written form; maintain a positive, professional and safe environment while on duty; and establish and maintain effective working relationships with others. Shelter Support • Assist in the implementation of all shelter activities to ensure quality delivery of services. • Assist with shelter setup and maintenance • Assist with general cleanliness and safety of facility including emptying trash cans and cleaning - up spills. • Assist with receiving and verifying orders from vendor's, completing tallysheets • Post and update signs and service calendars • Audio Equipment set up and monitoring • Assist in the organization of supplies and facilities needs Administration Goal: Oversee administrative duties that support program services. • Assist with keeping detailed daily summary sheets • Assist with record keeping and reporting Miscellaneous • Assist with client services and program activities if necessary • Complete ad hoc projects as appointed by Supervisor 21 Emergency Services Overnight Coordinator Job Description Introduction: The Overnight Coordinator is apart time position that covers overnight shifts at the Emergency Shelter Program. Dependability, responsibility, and the ability to communicate effectively and respectfully are mandatory skills. The position's primary responsibilities include security and program support. This position would include overnight shifts Including weekends and holidays. The Overnight Coordinator reports directlyto the Emergency Shelter Program and Services Program Manager. Qualifications: Possess a high level of tolerance and understanding for individuals who present for services with urgent multiple case management and health needs. Ability to perform crisis Intervention as needed; clearly communicate information and instructions verbally and in written form; maintain a positive, professional and safe environment while on duty; and establish and maintain effective working relationships with others. Security Goal: Maintain safety and serenity of residents protecting against external and internal disruptions. • Provide staff presence during assigned shifts • Resolve any conflicts and file incident reports when necessary • Report violations and general events in daily log • Provide necessary emergency support / follow emergency procedures • Oversee cleaning crew • Conduct property checks • Communicate potential concerns with SecurltyStaff to ensure staff and client safety. Program Goal: Assist Program Manager with program functions and activities. • Provide general support for clients • Observe and report concerns • Provide support for on-site volunteers • Supervise evening and morning activities • Organize morning coffee and food 22 25C-34 Job Description: Data Entry Specialist Introduction: The Data Entry Specialist is responsible for the data in put and reporting forth e Year Round Emergency Shelter Program known as Bridges at Kraemer Place. The objective of this position is to meet and manage our HMIS data and reporting requirements. This position requires a dedicated work schedule, primarily based around a regular workweek. This position reports to the Program Manager. Qualifications: Strong computer, typing and data processing skills. Ability to work effectively with a diverse population; plan, organize and prioritize duties; clearly communicate information and instructions verbally and in written form; maintain a positive, professional and safe environment while on duty; and establish and maintain effective working relationships with others. Possess a high level of tolerance and understanding for individuals who are present forservices with urgent multiple case management and health needs. This person must be detail -oriented and computer proficiency in Microsoft Word, Excel, Outlookand Internet -based browsers is required. Dependability, responsibility, and the ability to communicate effectively and respectfully are mandatory skills. Associate's Degree preferred (but not required). Program Data Entry and Reporting • Ensure HMIS intake forms are completed by clients and data is entered into the HMIS • HMIS data quality management • Responsible for entering all Bed Nights, Case Notes and Services into data base on a daily basis • Scan and file intake packets and other pertinent documents daily • Follow up with staff as needed to ensure needed documents and updated forms are kept to the agencystandard • Assist Housing Navigators and Management team in pulling data as needed and in the enrollment/exit of guests as necessary • Generate weekly, monthly, quarterly, and annual reports that are turned into high-ranking County officials • Meet data entry deadlines in a challenging and constantly changing atmosphere Miscellaneous ■ Attend staff meetings • Attend County CoC meetings as needed • Attend training workshops as needed • Perform ad hoc projects as appointed by Supervisor 23 25C-35 ATTACHMENT B SHELTER EXPECTATIONS 24 25C-36 Sample Shelter Expectations Welcome to Mercy House. We hope your stay with us allows you to begin your path to ending your homelessness. In order to ensure that all guests are able to comfortably work toward that goal, the following expectations need to be followed while in the vicinity of the shelter, on the provided shuttle vans, and while in the immediate area of our shuttle pick-up and drop-off locations. 1. Demonstrate responsibility for yourself, your actions, and your housing plan. 2. Follow all health and safety policies, 3. Guests are expected to meet with their Housing Navigators at least once a week at a scheduled time to discuss their housing plans. The goal Is to get you connected to housing resources as quickly as possible. 4. Guests are expected to actively work their housing plan] By signing these expectations, you understand that you are not guaranteed housing by enrolling in this program. Part of your Housing Plan will be to Identify tasks that you will need to complete In order to achieve your goal of securing housing. Your Housing Navigator will work alongside you to assist you In connecting with resources and addressing potential barriers. S. Guests are expected to abstain from behavior that is disruptive and unacceptable to others. Examples include: verbal harassment, physical harassment, excessive profanity, threats and/or violent behavior, nudity or obscene behavior, possessing weapons (or items that may be perceived as weapons) or contraband (examples of items considered contraband can be made available upon request), drug dealing, theft, etc. Serious offenses include but are not limited to: use of racial slurs, sexual harassment, violence, and any other inappropriate physical contact. Serious violations may be result in an immediate exit from the shelter. If you are asked to leave, a shuttle driver will transport you to a city -approved drop off location. 6. If a guest's behavior is extremely disruptive and staff or security asks you to step outside or remove yourself from an area for de-escalation purposes, you are expected to comply with this request. You will be able to rejoin the group when your behavior is no longer a disruption to the other shelter guests. 7. Guests are expected to return each night before 9:00 pm, unless allowed special circumstance by management (ex: for work or school). Guests are not allowed to miss two consecutive nights or more than 2 nights in any calendar month without clearing the absence with their Housing Navigator. Guests are expected to sign in on a daily basis. Guests may not sign in for others. The program manager may grant excused nights out of the shelter upon request if necessary and appropriate. B. Photo ID's are required of all registered guests. Mercy House will take photos and thumbprints to produce program ID's for guests, and for security reasons, If necessary. By entering this program, you give your consent to this. If you do not have a California State ID the MH Staff will assist you in acquiring an ID with in the first few days after enrollment. A photo ID of some sort is required to receive a bath towel and is also used when waiting in the dinner line. 25 25C-37 9. To promote a healthy and clean environment, all guests are required to shower the day they enter the program. Guests must also submit any clothing/bedding items for laundry the day they enter the program. Guests are then expected to maintain their hygiene (including changing Into clean clothes when possible), laundry once a week and showering at least twice a week. 10. Every guest will be assigned a laundry day. Guests will be expected to bag their dirty clothes and bundle their bedding on this day to help streamline laundry services. Laundry should be submitted to staff for cleaning by 9:00 AM on this day. 11. Every guest is allowed 1 indoor bin and 1 outdoor bin. Outdoor bins and indoor bins are accessible only during the designated and posted times. Stackable outdoor bins may be no more than 30 lbs. Trash and recycling may not be brought onto the property. Lockers may be made available, but for the protection of guests' items, no liquids can be stored in them. 12. All prescription medication must be recorded with MH Staff at Intake and stored in your personal storage bin in its original labeled container. Pills or medication NOT matching the original labeled container may be confiscated. No medicinal marijuana will be allowed in your indoor bin at anytime. Medical marijuana may only be stored in your outdoor bin with a valid Medicinal Use Card and must be 8 oz. or less. 13. Smoking of tobacco Is permitted in the smoking area only. No drugs, paraphernalia, alcohol, or marijuana (recreational or medicinal) will be permitted in or around the shelter. 14. Attend resident meetings and contribute to the community. 15. All guests are expected to be Good Neighbors of the community in which they are served, and have an obligation to comply with all state and local laws and/ or ordinances and behave In a courteous manner at all times. Complaints from residents, business owners, or public officials may result in expulsion from Mercy House Programs. 16. In order to remain Good Neighbors, all guests are expected to use the provided shuttles for transportation on to and off of the property. We practice a strict no -walk-up policy. Guests are expected to remain on the property at all times unless When leaving for the day. All guests are allotted one exit and one entry per day, including guests who drive their own personal vehicles (unless under approved special circumstances). Violation of this expectation may result in an immediate exit. 17. Guest vehicles may be parked on shelter property, in designated areas, once the vehicle is registered with program. A valid license and insurance are required. RV's (Recreational Vehicles) are not permitted on-site. Guests with bicycles must use the bicycle racks on the shuttle buses, and allow Mercy House drivers to secure them on the rack. Guests are only allowed one bike per person, and are not allowed to store spare bike parts unless they fit in the outdoor bin. All bicycles brought on property must be registered and photographed. 18. Guests are expected to respect the rest and sleep of their neighbors. When lights are off, indoor voices should be used to limit distractions and not disturb their rest. Likewise, guests are not allowed to use bright lights or play music/watch video with sound in the dorms after lights out. 25C-38 19. Although we respect everyone's right to privacy, we reserve the right to pat down and search all persons as a precaution against any potential security risks. Items considered contraband may be confiscated and/or destroyed. Guests will always need to be searched any time they access their outside bins, bikes or vehicles. 20. Approved pets, service animals and companion animals will only be allowed into the program with explicit permission given by program management team. All pet owners must agree to and follow the guidelines provided in the Animal Expectations, which is a separate document that will be given upon entryof the animal into the shelter. 21. Neither Mercy House nor any of its vendors are in any way responsible or liable for lost, stolen, or damaged Items that guests bring onto premises. Guests are encouraged to keep valuable Items close and guarded, and are asked to turn In found items to the staff at the front desk. We advise that those who choose to use the supplied charging stations to have their electronics clearly marked and/or customized for easy identification. Guests may only charge their electronics at the approved charging stations, and may not remain at the station for any extended amount of time. 22. Cash is never to be given to Staff, Volunteers, or Interns at ANY time. 23. Any guest that does not follow these expectations is jeopardizing their ability to accomplish their housing plan and may be exited from the shelter. Because everyone can make a mistake, when an expectation Is not met, staff will clarify any misunderstanding of the expectation and discuss ways that each guest can avoid further violations. If the violations continue Mercy House staff and the guest will meet and create an action plan to support the client to get back on track with their housing plan and meeting these expectations. Guests who have five action plans and continue to violate these expectations will be exited from the shelter. As a result of initialing these expectations and signing this form, I understand that expectations, health and safety policies may change as necessary and that I will be informed of these changes and I am required to abide by these amended policies. I have read the above and agree to follow the Shelter Expectations. Name (please print): Signature: 27 25C-39 Date: ATTACHMENT C ESTIMATED COSTS 28 25C-40 VAIMIMI"ll RIP-M-1-111M ,. Administrative Salaries/ Professional Services 200 beds Executive Director $ 10,000.00 Operations Director $ 12,000.00 Controller $ 10,000.00 Accounting Clerk $ 20,000,00 HMIS Coordinator/Data Entry Staff $ 46,000.00 Human Resources $ 10,000.00 Administrative Associate $ 10,000.00 .Community Resource Manager $ 10,000.00 Program Director $ 18,000.00 Insurance $ 10,000.00 Professional Fees - IT, Audit Etc $ 20,000.00 Office supplies, postage, Printing, hones $ 15,000.00 WI-Fi $ 5,000.00 Equipment Rentals $ 4,000.00 Admin Salaries/Professional Services Totals $ 200,000.00 Operation - Program Salaries : Program Manager of Emergency Shelter and Services $ 50,000.00 Employment and Housing Na, ators $ 168,000.00 Reservation and Intake Staff $ 18,500.00 Volunteer Coordinator $ 38,000,00 Site Leaders $ 117,000.00 Overnight Logistics Coordinator $ 126,000.00 Logistics Staff $ 244,500.00 Outreach Team $ 16,000.00 Pro ram Salary Totals . $ 780,000.00 Operations and Pro ram Expenses "' Replacement Reserves $ 20,000.00 Transportation $ 230,000.00 Faclilty Eomdrises Lease Costs $ 288,000.00 Janitorial $ 75,000.00 Facility repairs $ 5,000.00 Maintenance Supplies $ 4,000.00 Cleaning Supplies $ 6,000.00 Lardscaping $ 3,000.00 Trash Dis osal $ 8,500.00 Utilities $ 20,000.00 Shower and Bathroom Trallers Working on getting these services donated. *pace below !f need to pay vendor. Security Guards $ 526,000.00 Client Services & Supplies " Support Services/Diversion/Housing Barrier Costs $ 25,000.00 Meals, Snacks and Beverages $ 292,000.00 Paper and Plastic Goods for meals, restrooms, etc. $ 25,000.00 Pet Care $ 25,000.00 Lound /H iene $ 10,000.00 O oration}�an/(d Pro ram Ex ens�el�s Totals $ 1,562,5(00.00 i' v2 1/DV i'Sv.�kii *. Y £^ .ac.Y NI" „` (n r'.Y'ygVriSt "tic i}•`E �:'':' f 'i4 -i-,I F 2,15Y�" VioOf. 29 25C-41 Es liriate' • ne FiM�;Costs=f�rf�u�� :}t�Ai"Vilh. »{ 1%o-: n}aYK`��XM1.1.£:.r° 9ii ��� NrV (asYS�4 2r�ijNf3 ii'FY Sleein Areas Cots beddingfor200 17,500.00 Storage bin 2,500.00 Pet Crates (assumes 10%) 500.00 Secured Stara eArea 200 wheeled bins $ 8,000.00 Food Pre Area Refrigeration 3,000.00 Shelving Coffee Urns/Serving Utensils/ Cambros T 2,800.00 Dlnnln Area/Common Area Tables Chairs 5,000.00 TVCharging Tables 2,000.00 Staff and Securit Areas Tables chairs cabinets 2,500,00 Laptops/printers/copier/phones 10,000.00 Shelves 500.00 Intake and Meetin Areas Partitions / table and chairs 3,000.00 Outdoor Commons Patio Tables 1,500.00 Urns trash 1,200.00 Leundr /Janitorlal Su lies . Janitorial 2,000.00 Washer Dryers 12,000.00 Carts 1,000,00 SecurR _.:: .. .. Cameras¢monitors lighting $ 65;000:00 Building or Parking lot Im rovements Assumes a 10% contingency of the overall operations budget for tenent improvements. Actual costs will be negotiated. $ 250,000.00 X6164MV ' Estimated One Time Costs $ 390 000.00 O 1eratin Bud et 2,542,500.00 sEstimated Lr`,. *Shower and Bathroom Trailers ADA single shower/restroom Trailer -$4050 a month+ 100 delivery 48,700.00 10 Stall Bathroom/8 stall Shower Trailer -11,700 o month + 100 delivery 1 $ 140,500.00 Without attess to sewer the charge increases to $150,000 a month to include waste disposal. 30 25C-42 ATTACHMENT D LOCAL PREFERENCE 31 25C-43 ACKNOWLEDGEMENT OF "LOCALS" PREFERENCE The Contractor hereby: 1. Acknowledges that the City of Santa Ana ("City") intends to provide an interim shelter for local homeless individuals to avoid the necessity, whether actual or perceived, for sleeping, camping, lodging or living on public property not designated for such purposes. 2. Acknowledges that the City's resources are limited and that the City intends that overnight use of the shelter be exclusively for individuals meeting the City -defined criteria for local individuals. 3. Agrees that the City -defined criteria for local individuals are as follows: A. Individuals must meet the Federal Government criteria for being homeless, as defined by Title 42, Chapter 119, Subchapter I, Section 11302(a) of the United States Public Health and Welfare Code. B. Individuals must be City of Santa Ana residents. The residency requirement can be established by fulfilling one or more of the following requirements: 1. Proof of strong ties to the community, to include current residency of an Immediate family member - mother, father, sibling, or grandparent in the City of Santa Ana; 2. Proof that the Individual attended K-12 school in Santa Ana; 3. Proof that the individual resided on propertyzoned for residential use in Santa Ana and the individual was on the lease and/or paid utilities necessaryfor legal use of the property for residential purposes; or 4. Knowledge - either first-hand or recorded - by the Santa Ana Police Department that the individual has been a member of the Santa Ana homeless community. 4. Acknowledges that the design capacity of the shelter is for 200 persons. 5. Acknowledges that resources are limited and therefore agree that Contractor will not encourage or seek homeless individuals residing outside the City to come to the shelter for services during the day or night. 6. In the case where a homeless individual being considered for placement also has a current affiliation with a neighboring shelter, Contractor shall use Its best efforts to ensure that such individual retain his or her affiliation with that shelter, including without limitations continued residence there. 32 25C-44 EXHIBIT B Yearly Costs* Contingency Total Operations Including Contingency Yearly Costs* Startup Payment Monthly Payments Excluding Contingency and Start-up Payment * as delineated in Exhibit A- Scope of Services YEAR 1 2,871,700 250,000 3,121,700 YEAR 2 2,628,300 250,000 2,878,300 $6,000,000 Total for 2 years 2,871,700 (650,000) 2,221,700 185,141.67 25C-45 2,628,300 0 2,628,300 TBD 25C-46 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: APPROVE AN AMENDMENT TO THE AGREEMENT WITH SERCO INC. FOR PROVIDING PARKING ENFORCEMENT SERVICES (STRATEGIC PLAN NO. 1, 5) I MANAGER RECOMMENDED ACTION 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 Authorize the City Manager and the Clerk of the Council to execute an amendment to the existing agreement with Serco, Inc. for parking enforcement services, revising language related to insurance requirements, prevailing wage, local employment opportunities, and other changes, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 19, 2018, the Council approved agreement A-2018-158 with Serco, Inc. to provide parking enforcement services. After the agreement had been approved by the City Council, the Consultant requested revisions to the agreement to reflect terms and conditions they had provided in the sample agreement as reflected in RFP 18-033. City staff reviewed the Consultant's requested revisions and determined the selected terms and conditions could be amended, removed or added to ensure consistency with the scope of services as set forth in the sample agreement included in RFP 18-033. The amendment includes an increase in general liability and automobile insurance from $1,000,000 to $2,000,000 per occurrence and removal of inapplicable terms and conditions including the section on prevailing wage since the services to be performed do not require the consultant to pay prevailing wages. The amendment also requires the consultant solicit and advertise employment opportunities to Santa Ana residents, including at work centers and community centers. The term of the agreement is for the period of July 1, 2018 through June 30, 2020, with an option for three (3) one (1) year renewals. The total agreement amount of $1,324,780 has not been revised by this amendment. Neither the Term nor the Compensation language of the agreement are affected by this amendment. 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). 25D-1 Agreement Amendment with Serco, Inc. September 18, 2018 Page 2 There is no fiscal impact associated with this item. David def of Police Santa Ana Police Department Exhibit: 1. Amendment to Agreement with Serco, Inc. 25D-2 FIRST AMENDMENT -TO AGREEMENT WITH SERCO INC. TO PROVIDE PARKING CONTROL ENFORCEMENT SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into this 18th day of September, 2018, by and between SERCO Inc. ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The Parties entered into Agreement A -2,018 -A58; -dated June 19, 2018, (said "Agreement"), for Consultant to provide parking control enforcement services for the City; B. The term of said Agreement is for two years, from July 1, 2018 through June 30, 2020, with an option for three (3) one (1) year renewals. The Agreement is currently in effect. C. Shortly after the Agreement had been approved by the City Council, Consultant requested for revisions to the Agreement to reflect terms and conditions provided in RFP 18-033. City staff agreed selected terms and conditions should be amended, removed or added to the Agreement. The Parties now wish to amend said Agreement to reflect these revisions. THE PARTIES THEREFORE AGREE THE LANGUAGE BELOW WILL REMOVE AND REPLACE THE PREVIOUS MATCHING SECTIONS IN AGREEMENT A-2018- 158: 1. SCOPE OF SERVICES a. Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 4. PREVAILING WAGES Language Omitted by the Parties 6. OWNERSHIP OF MATERIALS Language Omitted by the Parties 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 of 6 25D-3 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 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 there from, and property damage, in the total amount of $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this contract or the general aggregate limit shall be twice the required occurrence limit. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non- owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor 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 Contract, 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. Commercial general liability and business automobile insurance policies 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 C. 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 Contract and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. If the contractor maintains broader coverage and/or higher limits than the minimums specified above, the City shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 2of6 25D-4 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 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. 8. 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 relate (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. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Language Omitted by the Parties 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all 3 of 6 25D-5 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. Additional details regarding the services provided are detailed in Section II.P. of Exhibit A. THE PARTIES AGREE THE FOLLOWING SECTIONS WILL BE ADDED TO AGREEMENT A-2018-158: 22. CONTINUED FUNDING In the event funding is not allocated for parking control enforcement services during the annual budget approval process, the City shall notify the Contractor of such occurrence in writing at least thirty (30) days before the end of the current fiscal period. In the event of a fiscal emergency when funding may be compromised, the contract shall terminate on the last day of current fiscal period without penalty or expense to the City. 23. 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 and 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. 24. LIQUIDATED DAMAGES If the City determines that the Contractor breaches its promise to provide parking control enforcement 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 $150 per hour per occurrence for such breach per parking enforcement personnel, in addition to any cost, fines, etc. levied against the City. 25. 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. 26. CONTRACTOR COMMUNITY EVENT PARTICIPATION AND PUBLIC AWARENESS If requested by City, Contractor shall participate in extensive public awareness efforts and community events and programs, such as neighborhood and City events. Such participation 4of6 25D-6 shall be upon City request provided with reasonable notice of event timing. Such events will not exceed four (4) per year. 27. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS a. 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. b. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract 28. FINES The Contractor shall be liable for all violation fines levied against the City by, but not limited to, AQMD, State or Federal Agencies and the Courts such as, but not limited to, oil or fluid leaks. THE PARTIES AGREE THAT THE FOLLOWING PERSONS SHOULD BE ADDED TO SECTION 21— NOTICE: To City: Enrique Esparza, Commander City of Santa Ana Office of the Police Chief Santa Ana Police Department 60 Civic Center Plaza Santa Ana, CA 92701 Fax 714-245-8190 To Consultant: SERCO Inc. Chan Phuong, Contracts Representative 12930 Worldgate Drive, Suite 600, Herndon VA 20170 With courtesy email copies to: Muhammad Mansoor at Muhammad.Mansoor(a),serco-na.com Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. 5 of 6 25D-7 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City omey B Tamar gosian Assistant City Attorney RECOMMENDED FOR APPROVAL David Valentin Chief of Police CITY OF SANTA ANA RAUL GODINEZ 11 City Manager SELECTRON TECHNOLOGIES, INC. Chan Phuong Contracts Representative 25D-8 6 of EXHIBIT A — SCOPE OF SERVICES I. DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this request for proposal (RFP) for Parking Control Enforcement Services for enforcing parking regulations as outlined in the Santa Ana Municipal Code of over 650 weekly residential street sweeping curb miles, residential permit parking district enforcement and other parking enforcement services as assigned by the Police Department A. IMPLEMENTATION 1. The parking control enforcement vendor will assume responsibility for parking control enforcement services of the entire City. 2. The street sweeping routes will be provided by the City of Santa Ana Police Department after contractor selection. 3. City Staff shall have the right to modify, reduce or delete the amount of parking enforcement schedules, routes, frequency, phases, standards, days of parking control enforcement services and remove contract personnel with prior notice to Contractor. 4. The Contractor shall staff all routes and provide personnel for all services listed in this RFP. Additional services include traffic control as necessary on either an emergency or pre -planned basis. 5. The term of the contract is a two (2) year contract, with a possibility for three additional, two-year renewal options at the discretion of the City; a maximum total of eight (8) years. B. PERFORMANCE ON SCHEDULE The Contractor will be provided work schedules which correspond to the City's established service schedules. The Contractor will be provided the opportunity to discuss with the City adjusting established schedules to meet special circumstances. The City will make all final decisions pertaining to adjustment of schedules based on feasibility and efficiency with the goal of completing parking control enforcement services on the day scheduled. II. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES A. WORK ASSIGNMENTS AND SCHEDULE The Contractor shall be provided schedules by the City. The Contractor shall submit a written route schedule to the City Projects Manager or designee within fifteen (15) days of the effective date of an executed agreement. This schedule shall clearly identify the tasks required by this agreement and days they are scheduled to be performed in each particular area. Contractor shall have ability to review and propose schedule modifications to the City for review as efforts to improve parking control program efficiency. If it is necessary to make periodic revisions to this schedule, a modified schedule must be submitted for review to the Projects Manager or designee for approval prior to the date the changes are to take effect, but not less than 48 -hours. Otherwise, it is intended that the Contractor will develop a permanent schedule utilizing the information schedule and any other information provided by the City, which will allow the City to monitor the Contractor's progress. The contractor shall be able to enforce City of Santa Ana Police Department Request for Proposals for Parking C®rol Enforcement Services #18-033 4(� designated sections of the Santa Ana Municipal Code and California Vehicle Code as authorized by the Chief of Police. Contract employees may be required to appear and testify at court and confer with the City Attorney's office regarding citation appeals, when necessary. The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. The designated Contractor holidays for this contract shall be New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day or as designated by City. B. CONTRACTOR PERSONNEL The contractor shall furnish the necessary enforcement personnel, including one (1) supervisor. Hours will be determined based on the needs of the City. The City of Santa Ana shall have discretion in approving changes to work hours and assignments or areas. The City of Santa Ana reserves the right to assign enforcement checkers to perform other duties relating to parking enforcement within the hours of any shift. 2. A list identifying the names of all Contractor parking enforcement personnel shall be provided to the City Projects Manager or designee. 3. Each of the Contractor's employees performing work pursuant to this Request For Proposal (RFP) shall: a. Have ability to read, write legibly, speak and comprehend the English language - Bilingual fluency in Spanish or other language approved on the City's bilingual list is preferred; b. Trained and bonded, a minimum of twenty-one (21) years of age; c. Capable of performing assigned duties; d. Pass a background check that shall include a review of the employee's criminal history that would pose a liability for the City including crimes of violence. Convictions for traffic violations shall be assessed based on their severity, frequency and time frame. The City of Santa Ana reserves the right to mandate removal of any contractor's employees found unacceptable to the City for any reason; e. Have a High School Diploma or its equivalent; f. Be well groomed at all times and, at a minimum, be in compliance with the Police Departments policies related to grooming standards and tattoos while on duty; g. Have a minimum of eight (8) hours of training on the City's parking citation forms and procedures including, but not limited to, use of necessary equipment, vehicle operations, traffic control procedure, etc.; h. Have a minimum of eight (8) hours of basic customer service training including, but not limited to, conflict resolution, handling difficult customers and cultural diversity; and i. Have a minimum of four (4) hours training on relevant federal, state and local laws, regulations, rules, policies, guidelines and procedures. Additional training may be required as determined by City staff. 4. The Contractor shall have the ability to utilize new equipment as it is developed in the future, such as handheld ticketing devices, parking meter stations, etc. 5. The contractor shall be properly licensed and all of the contractors' personnel assigned to field operations shall have a current "Guard Card" license issued by the State of California pursuant to the California Business and Professions Code. However, regardless of certification, no parking control checkers or supervisors shall carry or be armed with any firearm, impact weapon or electronic control device while performing their duties under this agreement. All employees assigned by the contractor shall have a valid California driver's license and remain in good standing with the California Department of Motor Vehicles. City of Santa Ana Police Department Request for Proposals for Parking Control Enforcement Services #18-033 2SO1'10 6. The contractor must provide a field supervisor during daytime working hours to supervise all contractor enforcement employees on duty. This field supervisor may also perform ancillary duties as an enforcement checker but shall not fill in for an absent employee or perform duties that would hinder their ability to supervise personnel in the field. The field supervisor shall have substantial expertise and experience in parking enforcement duties. The supervisor shall be the primary contact between the city and contractor on matters relating to the enforcement services provided through this RFP. 7. The Supervisor shall be the primary daily operations contact to the City and shall also do the following: a. Respond to citizen complaints and provide the City's designee with a copy of the complaint and the resolution or, in the event an investigation is required, the steps being taking to resolve the complaint and the date a resolution can be expected. b. Contact the City designee at least once each day to discuss and clarify operational assignments and receive any special instructions; c. Ensure that contractor personnel perform the duties required by the RFP; and d. Prepare and submit all citation amendments, monthly progress reports and status reports as may be required by the city designee. 8. The contractor shall be required to designate a second level supervisor. This person shall have the authority over the personnel and shall be a member of the contractor's management staff with authority to represent the contractor on policy matters. 9. The contractor shall provide and pay for all uniforms for contract personnel assigned to work in the field. a. Uniform specifications shall include a photograph or diagram and written description of the uniforms for male and female parking enforcement personnel and include marking(s), shirt sleeves length (short or long), shoe type, the color of shirts, pants, jacket(s) and any other relative information. As an option, the contractor may allow the employee to wear shorts of the same color as the uniform pants during the summer months. b. The Santa Ana Police Department's Traffic Division Commander or his designee shall review and approve all uniforms and insignias. c. Uniforms shall be properly fit with no rips or tears and must be clean and pressed at all times to present a neat appearance. 10. If the Contractor finds it necessary to utilize substitute personnel to cover personnel who call in sick or take time -off, they are to be equal in qualifications and training to regular personnel and billed at the same rate. 11. The city designee shall conduct the final review of all contract employees prior to being assigned to perform parking enforcement services in the City of Santa Ana. The Chief of Police or his designee has the ultimate authority and discretion in the hiring and termination of personnel working on this contract. The Chief of Police or his designee may remove contract personnel, upon telephone notifications to the Contractor. C. 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 City of Santa Ana Police Department Request for Proposals for Parking Control Enforcement Services #18-033 250111 federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. D. PREVAILING WAGE Prevailing wage will not be required for this contract. E. PARKING CITATION BOOKS The city will issue numbered Parking Citation Books or Electronic Ticketing Devices to the Contractor containing individually numbered citations. The Contractor shall be held accountable for the disposition of all electronic devices, books and citations and for stolen or lost citations. The loss of a citation will result in a charge of $100 levied against the Contractor by the City for each citation lost or unaccounted for, not to exceed $2,500 for each book. The loss of a book of citations or ticketing device may result in a charge against the Contractor by the City of $2,500. Such charges may be increased and the City will provide notification to the Contractor prior to action taking place. F. WORKING HOURS All parking enforcement activity hours will be determined based on the City's need. The City of Santa Ana Police Department or other designee shall have discretion in approving changes and additions to work hours and assignments or areas. G. PARKING CONTROL ENFORCEMENT SERVICES EQUIPMENT 1. The parking control enforcement vehicle or any relief/substitute vehicle used to perform this contract work shall: a. The contractor shall provide vehicles, in good repair, for use by the contractor's employees assigned to field duties. These units must be suitable for parking control and enforcement. The contractor shall be responsible for and pay for all operating expenses, maintenance and insurance for such vehicles. b. All vehicles are to be no more than (3) three years in age, unless otherwise approved by the city designee. All vehicles are to be kept clean, in good repair and in good appearance. c. The Contractor shall provide a listing of all parking control enforcement vehicles or any relief/substitute vehicle identifying: i. Make, model, and year. ii. Company identification unit number. iii. California license number. iv. Company vehicle colors. d. All vehicles are to be inspected by the California Highway Patrol with inspection certificates given to the Santa Ana Police Traffic Division Commander. e. The vehicles shall be equipped with: i. Fixed and permanent amber rotating beacons and all safety equipment is to be paid for and furnished by the Contractor. ii. A set of road trouble fluorescent triangles, one case of flares and five (5) orange traffic safety cones. iii. Other safety devices, which may be reasonably required by the City. City of Santa Ana Police Department Request for Proposals for Parking Control Enforcement Services #18-033 255®1312 2. The Contractor shall provide instant communication access via a cellular phone/radio to all personnel while performing their duties. H. FUELING OF PARKING CONTROL ENFORCEMENT VEHICLES The Contractor shall be responsible for fueling each parking control enforcement vehicle and shall be ready to conduct enforcement activities at all scheduled times. I. REQUIRED CONTRACTOR IDENTIFICATION SIGNAGE City of Santa Ana authorized contractors will be required to have identification signage on all vehicles at all times while working in an official capacity for the City. Such signage shall be of a professional manner and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition. All costs associated with the fabrication of such signage shall be borne by the Contractor. Such signage design shall be pre -approved by the Traffic Commander prior to production. Signage type and material shall be plastic with magnetic backing, painted signage on vehicle or similar. Taped vehicle signage will not be allowed. Such signage shall state Authorized Contractor, Santa Ana Police Department, name of Contractor and Contractor telephone number or other required City designated language and markings. Signage Letter Minimum Size shall be two -inches for Authorized Contractor, Santa Ana Police Department. A minimum of one -inch height will be required for all other information. J. GLOBAL POSITIONING SYSTEM (GPS) It is highly desirable for the Contractor to provide a GPS system in all parking control enforcement vehicles used in the City that enables the monitoring of the parking control enforcement vehicle locations at all times via computer. The system should provide the ability to monitor the day-to-day operation of the parking control enforcement vehicle including its current location, streets covered, times and total miles driven. If provided, the City and Contractor shall be enabled to view this information via computer at all times and GPS reports shall be made available at the request of the City. K. PERFORMANCE DURING INCLEMENT WEATHER The City shall determine when the parking control enforcement operations should cease due to inclement weather or other reasons and will notify the Contractor immediately once that decision is made. 2. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his/her work force in order to accomplish those activities that are not affected by weather. 3. Failure to adjust the work force as directed by the City shall result in deduction of payments to reflect only the work actually authorized and accomplished. L. INSPECTIONS The Chief of Police or his designee shall regularly inspect the parking enforcement routes and other areas subject to this Agreement to ensure that the work is being, and has been, performed in accordance with the terms identified in this agreement. All work found in such inspections not conforming to the applicable City of Santa Ana Police Department Request for Proposals for Par n g Conttr�ol Enforcement Services #18-033 requirements shall be corrected by the Contractor and the City shall have the right to withhold payment to the Contractor until the work is corrected. M. PROTECTION OF THE PUBLIC AND DAMAGES TO EXISTING STRUCTURES 1. The Contractor shall exercise caution at all times for the protection of persons and property. All fines, penalties and/or repair charges resulting from the Contractor's actions shall be the sole responsibility of the Contractor. 2. The Contractor shall not permit placing or use equipment in such a manner as to block vehicle traffic lanes or create safety hazards unless engaged in traffic control operations authorized by the City. In such cases, the Contractor shall only use vehicles or equipment in a safe manner as prescribed by the training required by this contract. The Contractor shall be responsible for the use of all appropriate warning traffic safety devices when deemed necessary. 3. Methods proposed by the Contractor and approved by the City shall not harm, deface or damage City streets, street trees, sidewalks or street curbs. In the event that damage to the City's right-of-way has occurred in the course of work, the Contractor shall be solely responsible for its repair or replacement. N. SPECIFICATIONS This scope of services is intended to cover all labor, material and standards of workmanship to be employed for in this work plan or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. O. CUSTOMER SERVICE Contractor shall provide service, which is accessible, courteous, responsive, timely, equitable and given in the spirit of professionalism and mutual respect. All Contractor personnel are a reflection of the City of Santa Ana and as such are expected to: Interact with customers and City officials, whether in person or on the phone, in a pleasant, respectful and professional manner. 2. Give full attention to each customer's needs by asking questions. Provide information, products and service in an accurate, organized and complete manner. Determine that the customer's request has been fulfilled. 3. Comply withal] federal, state, county, and city laws and regulations. 4. Use adequate equipment that is kept clean and neat at all times. 5. Train other Contractor employees to be polite and courteous during public contact. 6. Employ truth and accuracy in reporting customer service records. P. RECORDS The Contractor shall keep accurate records concerning all of his/her employees or agents and provide the City with names and telephone numbers of emergency contact employees. The Contractor shall complete a monthly report indicating work performed, including GPS maps of routes (if required by City) and submit this completed report to the City Projects Manager or designee. This report should also City of Santa Ana Police Department Request for Proposals for Parking Control Enforcement Services #18-033 25014 contain a description of work performed, including personnel hours, equipment, and any additional work, which the Contractor deems to be beyond the scope of the contract. Payment for this work will not be authorized unless the additional work and the costs thereof are first approved by the City. A phone log will be submitted monthly of all calls from the City of Santa Ana Public Works Agency and the City of Santa Ana Police Department to the Contractor, identifying whether or not those calls require a request for service, and a description of the action taken from the City call. The Contractor shall provide monthly phone customer service logs from the public, indicating name, date, time and phone number of caller, reason for request, response/action by Contractor and time required to address request. Such logs shall be accurate and truthful. The Contractor shall permit the City to inspect and audit its books and records regarding City -provided services at any reasonable time. Q. CITATION PROCESSING The contractor shall submit all citations issued by their employees to the City's designated citation processing center in a timely manner. In the event of an error on a citation or when a citation is deemed by the Traffic Commander to have been issued inappropriately, the Contractor shall bear the processing cost of said citation to include amendments, fees for data entry, dismissal, notices, removal of DMV holds, etc. This provision shall not apply to citations dismissed in the Interest of Justice or those citations that are issued in good faith but are dismissed due to circumstances that are not within the control of the contractor. R. ON-CALL/AFTER HOURS PARKING ENFORCEMENT/SPECIAL DETAILS The City of Santa Ana anticipates the need for parking control personnel to assist with parking enforcement and/or traffic control for pre -planned events such as parades, special events, marathons and nighttime parking enforcement. The City will make every effort to provide the Contractor with as much advanced notice as possible when these services are required. In addition, the Contractor will provide the City with names and telephone numbers of at least two qualified contact persons or a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by radio or cellular phone who can be called by City representatives when emergency calls for service occur during hours when the Contractor's normal work force is not present in the City of Santa Ana. These Contractor representatives shall respond to said emergency within one (1) hour from receiving notification. The City anticipates the need for this service of up to 5 -occurrences per year for events that cannot be predicted in advance such as power outages, major collisions or other events that require traffic control on a wide scale. If additional personnel are required, the Contractor agrees to make every effort to fulfill the needs of the City to help mitigate the issue necessitating the response in a timely fashion. S. SUPERVISION OF CONTRACT AND MEETINGS WITH CITY All work shall meet with the approval of the Santa Ana Police Department. As determined necessary by the City, there shall be a minimum of one monthly meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. Status reports of activities performed by the Contractor will be submitted in writing to the City on a weekly basis or as determined necessary by the City. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. City of Santa Ana Police Department Request for Proposals for Parking Control Enforcement Services #18-033 T. MATERIALS AND EQUIPMENT The contractor shall make a reasonable effort to purchase equipment and materials in the City of Santa Ana and to utilize Santa Ana vendors. Such efforts shall be provided to the City. The City shall have the ability to provide a list of possible Santa Ana vendors to the Contractor. The City has the option to purchase and provide materials. The City has the option to purchase special material or the City will reimburse the Contractor for purchase of special material only after authorization by the City. III. DEFINITIONS City — shall mean City of Santa Ana and representatives of the City of Santa Ana, i.e. Police Department or Public Works Agency. 2. Contractor Holidays — New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day or as designated by the City. 3. Inclement Weather — weather conditions that prohibit the effective operation of parking control enforcement operations. 4. Street —all paved dedicated public rights-of-way within the existing or future City limits. 5. Parking Enforcement Supervisor — an employee of the contractor with supervisory authority over the Parking Enforcement Checkers and possesses the requisite authority to make decisions, respond to complaints on behalf of the company and engage designees from the City regarding any service concerns. As an ancillary duty, a Parking Enforcement Supervisor may perform the duties of a Parking Enforcement Checker as outlined in this RFP including the enforcement of designated sections of the Santa Ana Municipal Code or the California Vehicle Code as authorized by the Chief of Police or traffic control. 6. Parking Enforcement Checker — an employee of the contractor assigned to perform the duties outlined in this RFP including the enforcement of designated sections of the Santa Ana Municipal Code or the California Vehicle Code as authorized by the Chief of Police or traffic control. City of Santa Ana Police Department Request for Proposals for Parking Control Enforcement Services #18-033 250»I6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: APPROVE AGREEMENT WITH DUDEK FOR CONSULTING WATER ENGINEERING SERVICES FOR CENTENNIAL LAKE RENOVATION (PROJECT NO. 18-2681) (STRATEGIC PLAN NO. 6, 1G) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1$' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Dudek for a two- year term beginning September 18, 2018, and expiring on September 17, 2020, with two one-year renewal options exercisable by the City Manager and the City Attorney, to provide consulting water engineering design services for Centennial Lake Renovation, in the total amount not to exceed $217,726, which includes a five percent contingency in the amount of $10,368, subject to nonsubstantive changes approved by the City Manager and City Attorney. Centennial Lake is a man-made 10 -acre water feature at Centennial Park (Exhibit 1). Since its construction in 1978, no major renovations have been made. Existing operational equipment and facilities have reached the limit of their design life and as a result, water quality has significantly declined. In 2017 a comprehensive assessment and study of the lake was conducted. Data collection efforts included water quality sampling, lake liner sampling, assessment of lake environs and lake/park user behavior, maintenance personnel interviews, and equipment inspections. These findings led to preparation of the "Centennial Lake Rehabilitation Project Manual," which contains the remediation plan that will provide the basis for the Contract Documents. In April 2018, the Public Works Agency released a Request for Proposals (RFP) via PlanetBids and the City website inviting qualified firms to submit proposals for engineering services. PlanetBids notified 375 firms. Nine firms downloaded the RFP and two firms — PACE Engineering and Dudek — attended the pre -proposal submittal meeting. One proposal was received from Dudek; PACE subsequently sent written notification stating they made a determination not to submit. The proposal from Dudek was evaluated by staff from the PWA Design Engineering and Water Resources Divisions, along with the Parks, Recreation and Community Services Agency. Upon evaluation of the firm and key team member experience, understanding of need, relevant project experience, and appropriateness of proposed fee, staff recommends award of the design contract to Dudek. Based on the schedule of rates and fees, which is incorporated into the contract (Exhibit 2), the proposed fee in an amount not to exceed $207,358 is recommended for City Council approval. Staff 25E-1 Agreement with Dudek for Water Engineering Design Services September 18, 2018 Page 2 requests authorization of a five percent design services contingency of $10,368, for a total agreement amount not to exceed $217,726. Approval of this recommended action will allow staff to proceed with preparation of Plans, Specifications and Estimates (Contract Documents) which will be used to bid and construct the project. 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 Funds have been budgeted and are available for expenditure in the Residential Development District 2 Acquisition and Development Fund (Account No. 31413260-66220). Funds will be spent according to the estimated spending plan below. Any unspent, encumbered balance will be carried forward into subsequent fiscal years as needed to fulfill the agreement. Contract Period Fiscal Year Amount FY 2018/19 (September - June) $207,358 FY 2019/20 (July — June) $5,184 FY 2020/21 (July —September) $5,184 TOTAL: $217,726 APPROV D AS TO FUNDS AND ACCOUNTS: Edwin "William" Galve , PE Sergio Vidal City Engine r Assistant Director PUA WorksAg n Finance and Management Services Agency Parks, Recreation and Cot{Aunity Services Agency Exhibits: 1. Project Location Map 2. Agreement 25E-2 EXHIBIT 1 SANTA ANA CENTENNIAL LAKE RENOVATION it P W A j (PROJECT NO)8'2680 � PAGE 10P1 25E-3 25E-4 EXHIBIT 2 AGREEMENT TO PROVIDE AQUATIC ENGINEERING SERVICES FOR CENTENNIAL LAKE RENOVATION THIS AGREEMENT is made and entered into this 18th day of September, 2018 by and between Dudek ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On April 30, 2018, the City issued Request for Proposal No. 18-037, by which it sought a consultant to provide aquatic design engineering services for the Centennial Lake Renovation project. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-037. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant undertbis Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work that was included in RFP No. 18-037 and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $217,726: -This sum is comprised of (1) the base amount of $207,358 and (2) a 5% contingency in the amount of $10,368 for additional services at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Page 1 of 8 25E-5 3. TERM This Agreement shall commence on the date first written above and terminate on September 17, 2020, unless terminated earlier in accordance with Section 17, below. The term of this Agreement maybe extended for up to two -1 -year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRATOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant' shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 25E-6 7 INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be famished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. Page 3 of 8 25E-7 (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. S. INDEMNII+ICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold hannless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Page 4 of 8 25E-8 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. ITINME 1 ►I y 11 _ \ffi:` -V" If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) Page 5 of 8 25E-9 P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Dudek 27372 Calle Arroyo San Juan Capistrano, CA 92675 Attn: Bob Ohlund, PE A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior 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 Page 6 of 8 25E-10 Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (3 0) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. -Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 8 25E-11 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: !w• �iw-ilL J& -M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONSULTANT Name: Bob Ohlund, PE Title: Vice President Page 8 of 8 25E-12 �'Y,il a_x �irrl CENTENNIAL LAKE RENOVATIONI� �f r m_ RFP -N 0.. 1.8`037 . PREPARED FOR. City Of- SOhta Aha Public Works Agency DUDEK 27372 CALLE ARROYO SAN JUAN CAPISTRANO, CALIFORNIA 92675 T 949.450.2525 F 949.450.2626 1 Statement of Qualifications 1.A Cover Letter June 4, 2018 Ms. Suzi Furjanic City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Proposal for Centennial Lake Renovation Dear Ms. Furjanic: Thank you for allowing us the opportunity to submit our proposal for the Centennial Lake Renovation Project. The Dudek team is poised to serve the City's needs by excellence in delivering results for the following reasons. Project Approach with a Focus on Decreased Long Term Maintenance Through a series of meetings and discussions with City staff, together, we have developed a detailed lake rehabilitation plan for Centennial Lake. The rehabilitation plan is specifically focused on addressing and mitigating each of the identified (7) major lake management categories deficiencies of Centennial Lake and providing additional enhancements to create a lake ecosystem that is self- correcting and results in decreased long term maintenance needs. Key Issues of the project include Improving safety for lake maintenance personnel, improving lake circulation and aeration, improving lake fishery and wildlife habitat, determining how much water the lake is using and remediating any leaks or seepage, and lastly obtaining guidance on lake maintenance procedures. Experienced Engineers and Environmental Professionals Our team is led by Jonis Smith, PE, CFM with over 23 -years of experience In lake design, lake inspection, lake construction, and lake management. Our team has recently designed and completed pond/basin design at other Southern California facilities and community developments. In our proposal to the City, the Dudek team can point to numerous, relevant projects, which have tackled, resolved and have verifiable success stories associated with each. Further, our staff is comprised of team members who are experts in CEQA compliance, resource agency permitting and fisheries, lake design, water quality and treatment systems, site grading and site design, pump station design, and soils and geology. Conclusion Bob Ohlund as Vice President of Dudek is authorized to bind the firm and designates Jonis Smith as the engineering project manager for this project. If you have any question or wish to discuss our proposal, please contact him at 949.212.0916 orjsmith@dudek.com with any questions about our proposal. Sineer 1 7� Bob hlund, PE Vice President I DUDEK Proposal Renovation.. 25E-14 STATEMENT OF QUALIFICATIONS Table of Contents SECTIONS Statement of Qualifications........................................................................................1 1.A Cover Letter...................................................................................................1 1.8 Contract Agreement Statement.....................................................................3 1.0 Firm and Team Experience...........................................................................3 1.13 Understanding of Need..................................................................................6 ProjectUnderstanding.................................................................................................. 6 ProjectApproach.........................................................................................................10 1.E Relevant Project Experience.......................................................................16 1.F References...................................................................................................19 Scope of Services and Schedule.............................................................................20 2.1 Scope of Work.............................................................................................20 Task 1: Preliminary Engineering (30% plans).......................................................20 Task 2: Design Development (60% plans)............................................................21 Task 3: Construction Documents (90% and 100% plans) ................................... 22 Task 4: Bid Support, Construction Administration, Record Drawings: ................ 23 Task 5: Optional Services ...........................................................................................24 2.2 Project Schedule..........................................................................................25 FeeProposal............................................................................................................26 Certifications.............................................................................................................27 TABLES Table 1. Key Team Members Qualifications..........................................................................4 Table 2. Design Solutions for Lake Deficiencies....................................................................6 Table 3. Recent Project Experience.....................................................................................16 Table 4. Additional Community Lake Experience................................................................18 Table5. References.............................................................................................................19 FIGURES Figure 1. Project Organization Chart......................................................................................3 Figure 2. Preliminary Lake Rehabiltation Plan.......................................................................9 Figure 3. Typical Pump Station Detail..................................................................................12 Figure 4. Example of Proposed Biofiltration System............................................................14 Figure 5. Project Schedule...................................................................................................25 APPENDICES Resumes DUDEK Proposal for Centennial Lake Renovation 2 25E-15 STATEMENT OF QUALIFICATIONS 1.13 Contract Agreement Statement Dudek has reviewed the standard agreement (Attachment 2 of the RFP) and takes no exceptions to the contract. 1.0 Firm and Team Experience The Dudek team is experienced In lake planning, rehabilitation, and design with team member experts in CEQA compliance, resource agency permitting and fisheries, lake design, water quality and treatment systems, site grading and site design, pump station design, and solls and geology. Led by proven, experienced project manager, our project team presents a unique ability to find practical, timely, and cost effective solutions to the City's project challenges. Dudek at a Glance • Employee owned firm founded in 1980 • 12 California offices including a local Orange County office in San Juan Capistrano 450+ multi -disciplinary Dudek will serve as the prime consultant providing overall professionals management, engineering, and planning services, and will be Top 150 US Environmental responsible for coordinating with the City. Jonis Smith, PE, CFM, Firm (Engineering News - has over 23 years of experience in the design of lakes, ponds, and Record) basins. Bob Ohlund, PE with over 34 years' of experience in the industry will serve as Principal -In -Charge ensuring the City that all available resources are being used to complete the project on time and budget. The management team Is supported by a qualified group of engineers and environmental permitting and agency experts. This team recently completed the Centennial Park Lake Circulation and Rehabilitation Project Manual. The project team will be comprised of the following key Individuals, with staffing functions as indicated in Figure 1. Qualifications, experience, and availability for our key team members are presented on the following page and resumes for all staff are provided in Appendix A FIGURE 1. PROJECT ORGANIZATION CHART lonh Smith, PE. CFM 17-1 Dab Ohlund. PE LEAD ENUMSER PUMSYAIRT-0ESIaN SRaATMlNi plT6sIDWGN rim Mo4 PE Nell Harper PE Greg GullleN PhD. PE EMERY SSSASUSHMENT CEDADCCUEEENYAYIONAND DUCKYSIRUSANCSUARYISUND ANDUANA061E1NY RESOURCE AGENCY SEkM"NO ANONADOATOW614 Craig Seltenrich Collin Raouey, UED GA Stu Fraser, RLA Anita Hayworth, PhD KQIWE0007I0UL SO04ICNEALWASASETY EIGNAOEDSGDN Koplin uVely SUCYWCAEDESIGN Todd Anderson Scm Nelson PE Morees/Pham &Associates DUDEK Proposal for Centennial Lake Renovation 25E-16 3 STATEMENT OF QUALIFICATIONS TABLE 1. KEY TEAM MEMBERS QUALIFICATIONS Tim Mull, PE, LEED AP Lead Engineer 1B Yearsof Experience MS, BS Civ Engineeringng 40%. Time Commitment Neil Harper, PE Pump Vault Design 19 Years of Experience BS CIO Engineering 20% Time Commitment • Lead Engineer for Lennar Home, The Lake Pond Design • Project Engineer for Western Municipal Water District, Victoria Basin Recharge Pond Design • Project Engineer for Fivepoint Communities Heritage Fields Drainage, Water Quality, Trails, and Lake Features • Vaull/Pump Analysis City of Santa Ana Centennial Park lake Rehabilitation Project Manual • Pump Station Design for Eastern MWD North Tmmble Road Recycled Water Ponds and Pumps • Pump Station Design for Santa Maria WWTP Percolation Pond Pumps • Project Manager for Temescal Valley WD Pond Design acid Pump Stations Greg Glen, PhD, PE TreatmentDesign • Project Manager for City of Santa Ana Centennial Park Lake Rehabllilation Project Manual Jonis Smith, PE, CFM • Lead Engineer with J. Harlan Glenn, a Dudek subsidiary, designing Harveston Lake -Temecula, Lake Project Manager #9 Trump International Golf Course, Heritage Park Lake -Cerritos, Black Gold Golf Course Lake - 23 Years of Experience Yorba Linda, and Rancho Sahuadla Lake- Rancho Sahuadta, AZ MS, BS Civil Engineering • Project Manager for Santa Maria W WTP Percolation Pond 50°%Time Commitment • Project Manager for Ramona MWD Pond Rehab _ _ _______ _ _ __ _ __ _ _ J __• Project Manager for Marin Country Club Lake Rehab _ Ohl Bob Principal In , PE Charge • Project Manager for Sarda Maria W WTP Percolation Pond 32 Years of Experience ® • Project Manager for Eastern MWD North Tmmble Road Recycled Water Ponds BSCO n BS Civil Engineering • Principal Engineer for Valley Center MWD Chalon Road Seasonal Storage Ponds 5°A Time Commitment • Principal Engineer for Temescal Valley WD Pond Design Tim Mull, PE, LEED AP Lead Engineer 1B Yearsof Experience MS, BS Civ Engineeringng 40%. Time Commitment Neil Harper, PE Pump Vault Design 19 Years of Experience BS CIO Engineering 20% Time Commitment • Lead Engineer for Lennar Home, The Lake Pond Design • Project Engineer for Western Municipal Water District, Victoria Basin Recharge Pond Design • Project Engineer for Fivepoint Communities Heritage Fields Drainage, Water Quality, Trails, and Lake Features • Vaull/Pump Analysis City of Santa Ana Centennial Park lake Rehabilitation Project Manual • Pump Station Design for Eastern MWD North Tmmble Road Recycled Water Ponds and Pumps • Pump Station Design for Santa Maria WWTP Percolation Pond Pumps • Project Manager for Temescal Valley WD Pond Design acid Pump Stations Greg Glen, PhD, PE TreatmentDesign • Treatment Lead for Eastern MIND ncante D SJacinto Ehd Recharge and Recovery Program 6 Years of Experience • eject Engineer for Valley Center MWD Wood Valley Ranch Water Reclamation Facility _ PhD, MS ClO Engineering • Water Quality Investigation for San Clemente Island 15% Time Commitment • Project Engineer for Olivenhain MWD 4S Ranch WRF Disinfection Alternatives Colon Ramsey • project Manager for Orange CountyWater District Mira Loma Recharge Basin EIR CEGA B Resource Agency • Project Manager for San Gorgonio Pass Water Agency Beuamont Ave Recharge Facilityand Permitting Pipeline EIR 8 Years of Experience • Project Manageror San Lorenzo Community Park Master Plan MND DUDEK Proposal for Centennial Lake Renovation 4 25E-17 Policy and Planning 2D°/. Time Commitment Plan MND STATEMENT OF QUALIFICATIONS and Park District, Craig Seltendch T Fisheries Establishment & . Senior reviewerfor Weber Creek Reservoir Sediment Release and Creek Restoration Project Mgt . Task Manager for Mallard Reservoir Water Quallty,Sediment, and Biological Sampling for Contra 35 Years of Experience Costa Water District MS Marine Ecology . Project Manager for Aliso Creek Steelhead Rainbow Trout Surveys for County of Orange 109% Time Commitment ---- Stu Fraser, RLA _---- ---- _—� DucklBird Sanctuary Habitat . Cityof Newport Beach Buck Gully Water QualityWetiands Project Design .Santa Margarita Water District Upper Chiquita Reservotr Emergency Storage Reservoir Project 15 Years of Experience . 4S KelwoodlNewland Communities 4S Ranch Welland Blo-Filter and Drainage Channel Project I MIA Landscape Architecture . City of Mission Viejo Oso Creek Restoration and Protection Project 15% Time Commitment Anita Hayworth Design rd Sanctuary Habitat . Count San Diego SunsetCliffsNatural County Master Plan i Design . Countyo(Omrge Southam Orange County Subregion NCCPMCP 35 Years of Experience e City of San Diego As Needed Biological Services PhD Ecology . San Diego County Water AulhodtyAs Needed Biological Services 15%Tune Commitment Todd Anderson KiosklEducational Signage . Graphic Design for Carlsbad Seawater Desalination Plant � 15 Years of Experience .Graphic Design for South Sacramento Habitat Conservation Plan and Aquatic Resource Pian BA Urban Planning and Design . Graphic Design for City of San Diego Pure Water EIR Program _ 10%Time Commibnent ------ Scott Nelson, PE (MPA) — –-- --- Engineer . Electrical Engineer for City of Santa Ana Walnut Pump Station Electrical Engineering At;Electrical . Elecbiml Engineer for IRWD Syphon Reservoir 10-A Time Commitment . Electrical Engineer for IRWD Orange Park Acres Well DUDEK Proposal for Centennial Lake Renovation 5 25E-18 STATEMENT OF QUALIFICATIONS 1.01 Understanding of Need Project Understanding In 2016, Dudek was hired by the City of Santa Ana to develop a comprehensive rehabilitation plan for Centennial Park Lake and the park area surrounding the lake. The goal of the rehabilitation project was to identify problems, needs, deficiencies with the lake, lake equipment, the lake park area, lake Visitor behavior, and lake maintenance in order to develop a comprehensive remediation plan to address each identified deficiency. A detailed outline of identified lake deficiencies separated into (7) major lake management categories and the proposed design solution for each deficiency is provided below. TABLE 2. DESIGN SOLUTIONS FOR LAKE DEFICIENCIES lency 'u identiffiedProbleinor4ifici D d6k Lake Renovation Plan Design Sbluflon 1. Maintenance Personnel and Lake User Safety a. Electrical hazards Abandon / demolish existing pump vaults and equipment I. Faulty or inoperable pumps/wiring� and provide complete redesign of pump vaults and electrical wiring system with appropriate safety measures and controls meeting current code ii. Exposed high voltage connections in hand vaults requirements. New pump vaults to include Independent control panels, safety switches, pumps, plumbing, air iii. Pump vault flooding/ water infiltration compressors, air circulation fans, lighting, sump pump, locking lids, safe access, and ladders iv. Unlocked vault lids b. Trip hazards in amphitheater area To be resolved in a separate park renovation project I _ i. Broken and lifted concrete 1. Lake Circulation a. Accumulation of floating trash on water Properly sized and properly located and the correct j surface quantity of lake skimmers will be included in our design to remove floating debris from the lake b. inoperable pumps, only a few working A complete redesign of the lake circulation system including 6 new pump vaults and a complete renovation of the main pump vault is included in our lake renovation I. Main pump station inoperable plan 3. Lake Aeration a. No aeration observed A complete redesign of the lake aeration system b. Inoperable air compressors including 6 new air compressors and a complete renovation of the main pump vault air compressor is included in our lake renovation plan c. No operating jets or fountains The lake renovation plan includes a fountain jet with the ability to spray a cascading jet of water up to 60 -ft in the air and a recirculating stream water feature element to provide additional aeration and oxygenation of the lake _ d. Water samples indicate DO at 6 mg/I water e. Lake bottom releases high concentration ! - The improved lake aeration system and along with —a of hydrogen sulfide gas when disturbed vertical and horizontal circulation and mixing system (rotten egg smell) along with the biological filtration system included in the j lake renovation plan will eliminate the development of anoxic zones in the lake that produce sulfides DUDEK Proposal for Centennial Lake Renovation 6 25E-19 STATEMENT OF QUALIFICATIONS DUDEK Proposal for Centennial Lake Renovation 7 25E-20 4. Wildlife I Fishery Enhancement a. Excessive planktonic algae Dudek will design and implement a comprehensive water quality control plan that eliminates the need for b. No vascular rooted vegetation observed In lake chemical inputs into the lake for water quality. Our proposed design includes a mechanical water quality r- High concentration of hydrogen sulfide control system with improved vertical and horizontal released from lake bottom circulation of the lake water, to filter and capture macro trash in the skimmers, and drastically improved aeration d. No nutrient I biological controls observed at lake of the lake water, a biological water quality control system utilizing biological filters and naturally occurring e. Use of chemical herbicides/algaecides for bacteria to remove nutrients from the lake water and algae control (copper sulfate) reduce algal growth, and planting of aquatic vascular f. Excessive waterfowl population aquatic vegetation to remove nutrients via root uptake, i. No observed waterfowl management an environmental water quality control system to control the waterfowl population and create habitat away from measures in place public areas for birds to reside, and improve fish stocking to diversify the fish and aquatic animals, and a socio - ii. No observed lake user education program in place behavioral water quality control plan to deter feeding of g. Excessive trash/user debris an lake water waterfowl at the park with signage and education surface 1. Insufficient waste management facilities h. Lake pollution complaint on August 16, 2016 1. Fish kill reported September 8, 2016 J. No observed natural or artificial reefs k. No fishery management plan S. Seepage losses a. Separate fill line meter for lake It was determined that lake water losses were minimal b. Site Is used for soil injection wells and acceptable - no improvements needed. Portions of the lake liner will be disturbed as a part of this project so, our design includes compaction requirements and a c. Soil liner samples Indicate silty sands with 6 to 10% clay and 36.50% fines water application of ESS -13 soil conditioner to restore impermeability to the disturbed portions of the soil liner 1. One sample indicated sand with 2% fines (day) and further improve impermeability of the entire lake liner 6. Lake Management Plan x. a. Waterfowl Management Plan We have included a socio -behavioral water quality plan -- - - - --- - b. Public Awareness I Behaviors in the design that includes signage and kiosks, and increasing the number of trash receptacles near the lake to.improve water quality. Our Lake Manual will provide a detailed discussion of the socio -behavioral water quality I. Feeding waterfowl I ii. Disposal of hot coals elements included in our Lake Renovation Plan III. Trash disposal 7. Park/ Facility a. Site grading Site grading and landscape and trees in the park outside of the lake will not be addressed as a part of this project. These deficiencies will be resolved in a separate park DUDEK Proposal for Centennial Lake Renovation 7 25E-20 b. Trash management c. Landscape in vicinity of lake 1. Heavy leaf/debris litter deposits In the lake STATEMENT OF QUALIFICATIONS renovation project. Trash Management will be addressed in our socio-behavloral water quality plan by Increasing the number of trash receptacles In the vicinity of the lake. The heavy tree litter from existing mature trees will be addressed by the Mechanical Water Quality Control system with improved floating debris capture in the skimmers and the Biological Water quality control with improved water quality leaf litter that settles to the bottom will naturally decompose and be consumed by healthy the micro-organisms in the lake Through a series of meetings and discussions Dudek and City of Santa Ana staff, together, developed a detailed lake rehabilitation plan for Centennial Lake. The rehabilitation plan is specifically focused on addressing and mitigating each of the identified deficiencies of Centennial Lake and providing additional enhancements to create a lake ecosystem that is self-correcting and results In decreased long term maintenance needs. The preliminary lake rehabilitation plan Is provided on Figure 2. The second phase of the project is engineering, detailed design, and permitting of the various elements of the lake rehabilitation plan. Our approach to engineering, designing, and permitting the lake renovation project as envisioned in the preliminary lake rehabilitation plan is detailed below. DUDEK Proposal for Centennial Lake Renovation 8 25E-21 STATEMENT OF QUALIFICATIONS FIGURE 2. PRELIMINARY LAKE REHABILTATION PLAN DUDEK Proposal for Centennial Lake Renovation g 25E-22 STATEMENT OF QUALIFICATIONS Project Approach Our approach to the design of the renovation program for Centennial Lake is to address each of the seven (7) deficiencies Identified in the preliminary study through a purposeful design approach that draws upon the experience and expertise of a team of twelve (12) subject area experts included on the Dudek team (See Table -1). Our team includes experts in the following fields: • Lake design and construction • Lake management • Construction document preparation • Personnel and public safety • Fisheries establishment and management • Treatment system design • Wildlife biology - waterfowl and avian management • Habitat restoration • Landscape architecture • Horticulture • Graphic design and signage • Pump station design • Electrical power and control system design • CEQA documentation, and resource agency permitting Our plan is to design a comprehensive lake renovation plan that addresses all aspects of project implementation from preliminary design and CEQA documentation, through final design and construction. We have also included a Lake Design Manual In the project deliverables to assist the City with long-term care and management of the lake ecosystem, fishery, wildlife, and habitat management and to provide documentation of the lake design as well as guidance for City staff. The preliminary lake rehabilitation plans includes the creation a waterfowl sanctuary/habitat island. x Dudek understands that the biological goal of the -_---� - - -- proposed waterfowl island is to provide a refuge for�w wildlife, particularly migratory waterfowl, which would a _ encourage them to remain away from the active o'er -,m iFa 9 Y public use recreation areas and encourage them to engage in normal seasonal behavior and migration with limited human intervention. The intent is also to develop educational information and public outreach �" 0Ni° TMY 00$K610N for park users to help educate the users and assist Dudek haspreparedlnformationk/oskgraphics for with the management of the waterfowl at the park. sfmflarprojectsincluding Suisun Marsh/PotreroHills Dudek will review the current wildlife species and Overlook Park City of Santa Barbara visitor Information center, and the City of San Diego population present at the park and within the lake recycling center al Wainer area, will develop a target species list and will determine a suitable carrying capacity for the lake and the Island. A Dudek Wildlife Biologist will assist with the design and selection of plant materials for the island and lake margins. Design support will include assistance in creating an island with appropriate access slope and vegetation for waterfowl use, to encourage use of the area by wildlife that is protected from human intrusion and interaction. Preliminary Design Phase Dudek will begin the project with a kickoff meeting with City staff to reconfirm the City's vision for the project, as well as the project design goals, coordination with the Orange County Water District (OCW D) injection well project, and the delivery schedule for project deliverables. Dudek will develop and design a renovation plan that will reflect the City s goals for the project. The Dudek team will begin the preliminary design process with a site visit for the various subject area experts along with City DUDEK Proposal for Centennial Lake Renovation,.r 25E-23 STATEMENT OF QUALIFICAITONS staff. The goal of the site visit is to document the existing conditions of the site, note any significant features of the existing site that will need to be addressed in the construction documents and to receive input from City staff and lake management personnel on their preferences and vision for the various elements of the design. The site visit will be conducted like a field meeting with an agenda of discussion topics to make the visit efficient and productive with clear design direction for each element of the project design. We will begin preliminary design by creating a basemap for the site using the 1978 Centennial Lake as -built plans as starting point for the map supplemented with current field data and available aerial imagery. Once the basemap is created Dudek will layout all of the proposed project improvement elements and split the various project elements Into separate drawings to create a 30% complete set of construction plans. The 30% plans will Include the relevant preliminary design Information including the footprint, location, and alignment of all proposed project improvements with callouts to identify each. The 30% design documents are Intended to convey sufficient information to the City to verify that the major project elements are consistent with the project conceptual plan and the project goals. Design Development and CEQA Documentation Phase Upon completion of the 30% design review by the City staff, Dudek will prepare a CEQA document for the project. It is our understanding that the City would prefer to process the proposed project under a Categorical Exemption (CE) pursuant to Article 19 of the CEQA Guidelines. In the event that the City determines that they would like to support the CE with special studies or submit a Mitigated Negative Declaration (MND) instead we have included optional tasks in the scope of work to provide those services to the City; if needed. Simultaneous with the preparation of the CEQA document the design team will move into the 60% Design Development phase of the project. In the Design Development phase, we will perform the engineering steps necessary to design, size, and conduct all necessary engineering calculations to support the design of all electrical and mechanical equipment, pipes, tubes, and conduit. In addition, we will provide sizing calculations and nutrient loading assumptions forthe biological and water quality control system elements including skimmers, biofiiters, wetland filters, aquatic vegetation shelves, and aeration disks. Our proposed design for the lake water quality control system includes several layers of redundancy as identified in the 2016 lake rehabilitation plan. Our proposed lake water quality control system includes design elements that are mechanical, biological, environmental, and sociaVbehavioral. In the Design Development phase of the project we will develop a detailed plan for the Mechanical Water Quality Control System, the most complex part of our proposed lake renovation plan as follows: Existing Large Pumping Facility: The existing equipment will be removed and one of the wet wells will be utilized by OCW D. The othertwo wet wells will be utilized for two larger recirculation pumps that will be operated in a duty and stand-by configuration, which will provide full pumping redundancy. These pumps will operate continuously and be alternated dally so they are both utilized equally. In addition, these pumps will be operated with variable frequency drives (VFDs) to minimize power consumption and achieve the desired flow rate for improved water quality. Hydraulic calculations will be developed to size the pumps/motors and we will coordinate with several different pump suppliers to select pump and motor combinations suitable for this application. DUDEK Proposal. Renovation 25E-24 The use or VFDs will minimize power consumption and achieve the desired Ilow rate to Improve water quality. STATEMENT OF QUALIFICAITONS Additional appurtenant facilities such as ventilation fans, lights, receptacles, security measures (e.g. cameras), etc. will be incorporated Into this facility to enhance the operator's safety. This facility will be equipped with SCADA for remote monitoring and control. Precise control and monitoring of the (6) smaller pump vaults is not as critical, and, therefore it is proposed that these pump vaults are not to be equipped with SCADA in an effort to reduce engineering and construction costs. Six (6) Small Pump Vaults: In addition to the large pumping facility, several local recirculation pumps and aerators are needed to improve and maintain the water quality in Centennial Lake. The approach illustrated in Figure 2 Indicates that (6) small Identical vaults containing (1) small recirculation pump, (1) air compressor (to supply air to the aerators), (1) sump pump to convey nuisance water collected In this vaults, (1) corrosion proof ventilator, and lights/receptacles for operations/maintenance use will be located at various points around the periphery of the lake. Utilizing one design and layout (Figure 3) for these facilities reduces engineering and construction costs. In addition, it makes future maintenance less costly and simplifies maintenance for the operators because the interior layout and components for each vault is identical. All of the piping connections to the vaults will be small (less than 3 -inches) and can be easily picked up on the exterior of the vault and routed to their destination. FIGURE 3. TYPICAL PUMP STATION DETAIL zW LOASM MGMY A "ww�c�aUq '(yvpa, _ _ • � I i � 2 _ ''�� zz''q\.�N�"�i�iaA.�yi�ya -- - ---- i >Y�X' I� �_ ' • �i I� �I���, r�,n�y�.J tips rr� r aS'a .��Op��a • 1� Our approach to the renovation of the pump vaults and electrical wiring is to abandon the existing facilities in place and disconnect/safe-off the existing electrical feed in accordance with current the National Electric Code. There are several load centers around the Centennial Lake facility which power existing vaults with a 240 volt, 3-phase breaker. Once the existing power is disconnected to the existing vaults, the existing breaker can be replaced in the load center and a new feeder circuit can be constructed from the existing load centerto the new small pump vault. A sub -panel is proposed to be located inside each of the small pump vaults to minimize trenching, conduit/wiring, costs, and disruption between the existing load center and the small pump vault. A disconnect switch with a simple combination motor starter (on/off/reset) is proposed to operate the air compressor and small recirculation pump. An integral pressure switch will regulate the on/off cycles for the air compressor. The fractional horsepower blower will operate continuously and can be turned on/off with a disconnect �w DUDEK Proposal for Centennial Lake Renovation 12 25E-25 switch or by unplugging from a receptacle. The sump pump will have an Integral float switch for on/off function and can be removed from power by unplugging from a receptacle. STATEMENT OF QUALIFICAITONS Fountain Jet Accent Lighting: Accent lighting will be incorporated into the design of the proposed r 4 fountain water feature to be located near peninsula. The accent ilghting will be powered from a t. protected submersible power cable fed from an existing load centerthat will run along the bottom of the lake. The light can be controlled with a lighting control panelwith elthera programmable timer or a photocell so that the lights will come on at dusk and turn off at dawn. We will work with the City to develop a control strategy for the lighting. and lighting. The Design Development phase will also Include 60% complete design for the Biological Water Quality Control System including: • Submerged biological filters, • Vascular vegetation wetland planters, • Aquaflc vegetation planters, • Fishery management plan, • Waterfowl management plan, and • Wildlife management plan The Design Development phase will also include 60% complete design for the Environmental Water Quality Control System Including • Waterfowl habitat island grading, • . Waterfowl habitat island planting palette • Waterfowl habitat island irrigation plan • Lake fishery stocking plan • Lake area vector control plan, • Lake maintenance plan. • Lake area trash management plan Our design plans will include grading design and a plant palette developed by our in-house watertowt specialist restoration ecologist, and a landscape architect to create a habitat and an environment that Is favorable to native waterfowl. The socio -behavioral water quality system includes elements intended to modify behavior of park users in a way that results in better water quality. The Design Development phase will Include 60% complete design for Socio -Behavioral Water Quality System including: • Informational/educational signage, • Docent program planning, • Maintenance activity planning DUDEK Proposal for Centennial Lake Renovation 25E-26 13 STATEMENT OF QUALIFICAITONS The system design redundancies reflect good lake ecosystem design practices to provide overlapping controls of the numerous elements that affect water quality of the lake so that the lake can self -adjust to changes in the local environment and self -maintain desirable water quality under most conditions. Final Design and Construction Documents Phase Upon completion of review of the 60% Design Development project plans, the Dudek team will transition into Final Design and (90%-100%) Construction Documents. The final design phase of the project is the phase when all of the final design detailing and Information is added to the construction plans to create a design that clearly reflects the design Intent and conveys the construction information to the project construction contractor. In this final phase of design all of the information and details necessary to construct and Implement the complete lake renovation plan will be included in the construction plans and specification documents. The final design will include a complete set of construction plans, specifications, engineer's estimates, and a Lake Manual. Dudek will coordinate with OCWD and obtain final construction details and information from OCWD to coordinate their final design details and modifications of the existing pump vault wet -well to accommodate backwash discharge from their nearby Injection well. Some of the unique features that will be included in our final construction documents and plans include the following: • Our design plans will be reviewed by our in house public and personnel safety specialist to provide input and insight on safety issues to minimize potential safety hazards present in the design of the renovation plan. Our design plans will include design of a water quality control system including a biological filter and lake aeration system designed by a treatment system design engineer with a PhD in treatment system design. We recommended that lake nutrient loading be mitigated by circulating lake water through a biological filter. Biofilters utilize naturally occurring microorganisms to consume and transform lake water nutrients and dissolved organics, which minimizes algae growth and improves water clarity. FIGURE 4. EXAMPLE OF PROPOSED BIOFILTRATION SYSTEM Our design plans will include grading design and a plant palette developed by a waterfowl specialist, restoration ecologist, and a landscape architect working together to design and create a habitat Island and an environment that is favorable to native waterfowl and encourages non-native and migratory species to migrate on their normal pattern. Our design plans will include an aquatic vegetation planting plan for the lake designed by a landscape architect, botanist, water quality treatment engineer, and fishery DUDEK Proposal for Centennial Lake Renovation 14 25E-27 STATEMENT OF QUALIFICAITONS management specialist working together to develop a planting palette that aesthetically pleasing and functionally supports the fishery and helps to remove excess nutrients from the lake. • Our design plans will include natural vector control measures designed by an avian speclalist such as bat boxes to encourage roosting of California native bats to keep vectors under control such as mosquitos and other common flying Insects that are commonly problematic at community lakes such as midges, flies, caddis flies, small beetles, and moths under control. • Our design plans will include natural vector control measures designed by an avian specialist such as owl boxes to encourage nesting of California native bam owls to keep vectors under control such as rodents and other common small animals that can be problematic at community lakes such as small birds, ducks, geese, snakes and lizards. • Our design plans and Lake Manual will Include a fishery management plan designed by a fishery management specialist and limnologist to develop a robust sport fishing lake and diverse ecosystem of fish and aquatic animals. • Our design plans include signage and a kiosk developed and designed by a graphic artist and signage development specialist. Bid Support, Construction Support and Record Drawing Phase Upon approval of the final design documents. The Dudek team will assist the City with the contractor bidding process and through construction of the lake. Our team is led by a Lake and Water Feature Design Engineer with over 23 -years of experience in lake design, lake inspection, lake construction, and lake management. We have assembled a team of specialist for each unique aspect of the project that is experienced in design and construction. We will assist the City with preparation of a set of bid documents Including a complete set of construction plans and construction specifications for circulation to bidding contractors. We will conduct a pre-bid site meeting for contractors to discuss the project and to answer any questions they may have. We will also provide construction engineering and observation services to ensure that contractor material submittals are in substantial conformance with the project construction documents and that the construction of the lake renovation plan meets the design intent and the scope of the project specifications. It is our goal to help the City through the entire process of renovating Centennial Lake from identifying deficiencies and problems with the lake through designing solutions and constructing the renovation plan. All but three species of the over 300 ducks and geese that currently reside at Centennial Lake are non-native domestic species. They currently reside at the lake because there is an abundant food source and few predators. These species will leave the lake park during construction and likely will never return. Reducing the waterfowl population at the lake is paramount to the success of this project. The lake renovation construction period will provide an opportunity to reset waterfowl population and re-establish the lake ecosystem. Once the lake ecosystem is re-established our comprehensive lake renovation plan is designed to create a self-correcting lake that requires no chemical inputs and needs only basic management activities such as macro trash removal from skimmers. Our lake system design includes redundant water quality controls with the intent to maintain optimum water quality and a healthy fishery using mechanical, biological, environmental, and socio -behavioral design features working together to develop a lake that is a unique asset to the community and a pleasure to visit. ,,.�M1-,..,. y..,.z. DUDDUDEK Proposal 25E-28 STATEMENT OF QUALIFICAITONS 1.E Relevant Project Experience Dudek is proud of our long tradition of providing high-value consultative and professional engineering service to municipalities like the City of Santa Ana. As a fully owned subsidiary of Dudek, J. Harlan Glenn Engineers was the premier lake design consulting firm in the nation. We designed the vast majority of the local lakes including Tewinkle Park Lake- Santa Ana, Lake Mission Viejo, Rancho Santa Margarita Lake, Woodbridge Lake -Irvine, East Lake- Yorba Linda, Black Gold Golf Course Lake- Yorba Linda, Eisenhower Park Lake – Anaheim, Harveston Lake -Temecula, Menifee Lakes, Heritage Park Lake -Cerritos, Trump International Golf Course Lake #9, and West Lake -Westlake Village; to name a few. This section presents similar projects that demonstrate our teams' proven experience in assisting local agencies with projects similar to the Centennial Park Lake Renovation Project. In particular, Dudek recently completed design of ponds and basins for City of Santa Maria, Temescal Valley Water District, Coachella Valley Water District, Eastern Municipal Water District, Valley Center Municipal Water District, and Western Municipal Water District. These projects offer the same similarities in civil and basin design, pump station design, water treatment and water quality, and environmental permitting as the City's project, demonstrating that Dudek provides invaluable first-hand knowledge and expertise to complete your project. Our Project Manager, Jonis Smith, PE was the lead design engineer on numerous lakes with J. Harlan Glenn including Harveston Lake -Temecula, Lake #9 Trump International Golf Course, Heritage Park Lake -Cerritos, Black Gold Golf Course Lake- Yorba Linda, and Rancho Sahuarita Lake- Rancho Sahuadta, AZ, Table 3 and 4 is a list of relevant project experience. TABLE 3. RECENT PROJECT EXPERIENCE e.1-BriefiPpoject,pesc0ption Centennial Park Lake Dudek provided civil engineering services for the evaluation and Rehabilitation Project Manual remediation study for the Centennial Park Lake. Reld work and existing City of Santa Ana project evaluation included soft sediment samples to analyze the lake Suzi Fudanic, Project Manager, , bed retardation properties and water samples, taken of the course of 714.571.4241 three months, to monitor the quality of the water. A Lake Operations Report completed May 2017 and Maintenance Manual was written for the city on urban lake habitat preservation. The proposed design altematives included recirculation pumps, aeration pods, manmade reefs, bio -remediation areas, and educational signage to educate the public of their essential role in — sustaining the habitat. The Lakes at Rancho Santa Fe Dudek was contracted to assist, support, and provide consultation to I Lennar Homes Lennar as necessary to evaluate the current lake and water feature Jamison Nakaya, Project system designs including aeration, circulation, containment, water ' Manager, 760.601.3100 quality, and fishery & wildlife. Dudek developed design altematives for Design completed Oct 2017 the various lake and water feature systems and provided recommendations and general consulting for the lake and water feature construction including, development of construction details and various system component construction specifications (such as lake liner specs). DUDEK Proposal for Centennial Lake Renovation 16 25E-29 STATEMENT OF QUALIFICAITONS :Project Name; Client� Contact t ®. Description Enclave Mountain Estates Dudek provided resident engineer and construction administration Lake Reconstruction services for the reconstruction of 4lakes within the residential David Boger, Board Member, community. Dudek also assisted with bid documents and determination avebogerl@yahoo.com of qualified bidders, reviewed bids for compliance with bidding and Completed Sept 2016 bonding requirements, recommended bid award, served as primary point of contact between contractor and HOA representatives during construction, reviewed material and equipment submittals, performed periodic site visits and inspections of construction progress, reviewed pay requests from the contractor, review and processed change orders, directed contractor field staff for placement of lake features, and provided final walk through inspection and punch list items. Santa Maria W WTP Dudek's engineers designed pumping, pipeline, and expanded Percolation Ponds percolation facilities on 241 acres of land owned by the City that was City of Santa Maria previously being contract farmed. Phase I of the Project designed Shannon Sweeney, Water facilities to accommodate 25% of the WWTP effluent capacity. Dudek's Resources Manager, engineers also investigated the use of a Bio -Filter to remove dissolved 805.925.0951 nitrogen from the effluent prior to percolation. Completed 2015 Vision Agua Caliente Master Dudek is providing civil engineering services for the Vision Agua Plan ! Caliente project in downtown Palm Springs. The project will be Agua Caliente Band of completed in phases, the first phase included demolition of an existing Cachuilla Indians multi -story hotel and spa building on a 10 -acre site, installation of a Rob Donnels, Tribal Engineer, ` pump and bypass pipeline system for the natural hot water spring on 760.699.6800 - the site a historic and cultural) sensitive resource for the Tribe Dudek ( Y )• Currently in design designed the collections, treatment, and reheat of the spring water, and distribution to various pools and tubs each with their own treatment and reheat systems. The project also included coordination of multiple utility disconnects while planning for future redevelopment of the site, traffic control and environmental compliance (SWPPP, dust control, etc.) Temescal Valley PercolationDistrict retained Dudek to design a lined recycled water storage with Pond and Pump Station geomembrane floating cover and onsite percolation basins. The new 2 Temescal Valley Water District million gallon water reservoir and 2.3 MGD pump station will relieve CW Colladay, Board President, operational constraints on recycled water production and delivery. 951.277.1414 Excavation of approximately 70,000 CY for the new 2.5 acre percolation Design completed Feb 2012 basin will allow land disposal of plant effluent not needed in the recycled water system. By incorporating a series of overflow structures and a Csimple feed -back control loop for sodium bisulfite addition, the new effluent conveyance strategy will maximize availability of recycled water and automatically divert excess dechlorinated recycled water to Temescal Creek North Trumble Rd RWPond de Dudek is s designed two new recycled water ponds that will provide the Eastern Municipal Water EMWD with approximately 1,500 acre-feet (489 million gallons) of District additional seasonal storage capacity. Each new pond will be Fermin Balvandea, Senior Civil constructed to a depth of approximately 50 feet. Features of the new Engineer, 951.928.3777 ponds include three 2,000 gpm floating pump stations, approximately Design completed Feb 2015 2,500 If of 16 -Inch to 36 -Inch inlet and discharge piping, and 36dnch diameter steel pipelines and isolation valves to Interconnect the new ponds to each other and to the existing adjacent Trumble Road Recycled Water Pond. Access roads to the bottom of the ponds with landing platforms for cranes will also be provided. The project also includes improvements to two existing recycled water ponds, the 117 MG Case Road Pond and the 50 MG Watson Road Pond. DUDEK Proposal for Centennial Lake Renovation 17 25E-30 STATEMENT OF QUALIFICAITONS TABLE 4. ADDITIONAL COMMUNITY LAKE e Harveston Lake A 30 -acre lake in Harveston Lake Park in Temecula Date ee Charlan Rd Seasonal Storage I Dudek designed the Charian Road Seasonal Storage Facility.The Ponds Chadan Road SS facility includes a 48 acre-foot recycled water storage Valley Center Municipal Water reservoir. The lined, earthen berm reservoir will be constructed on a five District acre parcel with berth heights up to 22 -ft above surrounding grade. The Fernando Carillo, 761.749.1600 project required extensive soil remediation to mitigate underlying loose Design completed May 2015 alluvial soils and will import over 50,000 cubic yards of material. An Study and rehabilitation design of existing lake for this onsite vertical turbine pump station, metering facility, and post -storage Mobil Oil Company community development strainerwill be constructed to integrate the offline storage facility into the A 2.6 acre lake for Mariners Island townhouse project District's existing recycled water distribution system, serving primarily the neighboring Woods Valley Golf Course. Victoria Basin Recharge Pond i Dudek contracted with the District to design of the Victoria Water Western Municipal Water If Recharge Facility. Ongoing effort have included the Victoria site Waterscape system features spectacular entry waterfall configuration, permitting, stormwater capture facilities, and ancillary fDistrict Fakhri Manghi, 951.571.7277 equipment. A variety of site configurations have been developed, each Design completed May 2015 evaluated to determine its stormwater capture capacity, long -temp sedimentation characteristics, and ongoing operation and maintenance characteristics. Currently, the 10acre Victoria site is projected to be capable of recharging the Arlington Basin in excess of 3,000 acre-feet per year. The facility is projected to be constructed in 2018, and recharging the Arlington Basin by December 2018. TABLE 4. ADDITIONAL COMMUNITY LAKE e Harveston Lake A 30 -acre lake in Harveston Lake Park in Temecula Temecula, CA Lake #9 Trump National Golf Club Design of Lake feature on #9 Hole on Ocean Trails Golf Rancho Palos Verdes, CA Course, currently known as Trump National Golf Club Lake Mission Viejo A 120 -acre recreational lake, lake edge and lining design Mission Viejo, CA i The lakes Country Club, Sunrise Company 22 lakes with combined water surface areas of 25 acres Palm Springs, CA featuring waterfalls and golf course development East Highland Ranch, East Highland Ranch, Inc. Study and rehabilitation design of existing lake for this San Bernardino, CA Mobil Oil Company community development Harbortown, Vintage Properties A 2.6 acre lake for Mariners Island townhouse project San Mateo, CA Vintage Parcel ll, Vintage Properties Five (5) small lake systems featuring biafilter and aeration Palm Desert, CA systems Woodlakes, C. Robert Langslet & Son Waterscape system features spectacular entry waterfall Santa Ana, CA i, I DUDEK Proposal for Centennial Lake Renovation 18 25E-31 STATEMENT OF QUALIFICATIONS 1.fF References Dudek is proud of the relationships that our project managers and engineers build with our clients. We are confident that our demonstration of project experience in Section 1.E provided you with adequate information about our technical capabilities. Please contact our references listed below to learn more about our key staff members and their performance over the past 5 years. TABLES.REFERENCES Client Name and Reference, Project City of Santa Maria Santa Maria W WTP Percolation Ponds Shannon Sweeney, 805.925.0951 Valley Center Municipal Water District Charlan Road Seasonal Storage Ponds Fernando Carillo, 760.749.1600 Eastern Municipal Water District North Trumble Rd Recycled Water Ponds Fermin Balvaneda, 951.928.3777 DUDEK Proposal for Centennial Lake Renovation 19 25E-32 2 Scope of Services and Schedule 2.1 Scope of Work The following scope of work was developed to deliver a turnkey project to the City including obtaining the necessary CEQA documentation and construction permits to construct the proposed lake renovation plan elements and to coordinate the construction documents with OCWD's plan to modify the existing main pump station wet -well to accommodate backwash water from their injection -well. Our scope of work is intended to provide all of the design documentation, bid assistance, and construction services necessary to completely renovate Centennial Lake as discussed In the Project Approach above and to mitigate all of the current deficiencies identified in the 2016 lake rehabilitation study. Task 1: Preliminary Engineering (30% plans) The Dudek team will begin Preliminary Engineering with a kick-off meeting with City staff to reconfirm the project goals, discuss the project scope of work, and to discuss the project delivery schedule. Dudek will also conduct a site meeting for the design team and City staff to document site conditions and to review and discuss the various elements of the project and how they relate to the existing site. Preliminary Engineering will also Include field work and subsequent meetings with City staff. Dudek will prepare a 30% complete plan set and submit to the City for review and input. The 30% Centennial Lake Renovation Plan set will Include the following sheets: 1. Title Sheet 2, Notes Sheet 3. Existing Conditions and Demolition Sheet 4. Site Plan / Lake Plan Sheets 5. Grading Plan Sheet 6. Plumbing & Piping Sheets 7. Lake Details Sheets 8. Water Feature Details Sheets 9. Pump Vault Details Sheets 10. Landscape Planting Plan Sheets 11. Landscape Planting Details Sheets 12. Landscape /Environmental /Fishery Details Sheet 13. Irrigation Plan Sheets 14. Irrigation Details Sheets 15. Electrical Wiring / Conduit Plan Sheets 16. Electrical Wiring Details and Diagrams Sheets 17. Signage Details Sheets 18. Lake / Fishery Specification Sheets Upon completion of the 30% review by City staff, Dudek will prepare CEQA documentation of the project. It Is our understanding that the City would like to process the proposed project under a Categorical Exemption (CE) pursuant to Article 19 of the CEQA Guidelines. DUDEK Proposal for Centennial Lake Renovation 20 25E-33 SCOPE OF SERVICES AND SCHEDULE Deliverables: • 30% Design Lake Renovation Plan Set (18-25 sheets) • CEQA Categorical Exemption Document Task 2: Design Development (60% plans) In the Design Development phase Dudek will incorporate comments and input from the City into the project design and advance the Lake Renovation Plan Set and project design to the 60% completion level. In this phase, we will prepare the design and facility sizing calculations for the mechanical equipment including the circulation pumps, sump pumps, water feature pumps, air compressors, aeration disks, and ventilation fans. We will also design and size all of the water circulation system piping, plumbing, and aeration tubing to meet minimum Orange County Environmental Health Division Standards. Dudek will prepare design and sizing calculation for the bio -filtration system, the macro - skimmers, and aquatic vegetation planting shelves. Dudek will prepare a draft Lake Manual which Will include a detailed discussion on the lake -fishery management, lake water quality management, lake operation, equipment maintenance guidelines and lake maintenance activities to assist City staff in the management of the lake. All of the design calculations for the lake will be included in the appendices of the lake manual. Dudek will also prepare a draft version of the project construction specifications using the boilerplate provided by the City and submit to the City for review along with a preliminary Engineer's Estimate consistent with the 60% level of completion of the construction documents. The construction cost estimate will include all elements depicted in the plan set. The cost estimate will include an Itemized breakdown to assist in budgeting. We anticipate meeting with City staff on two occasions in this phase to discuss design development and to get city Input on the design. Dudek Habitat Restoration Specialists and Landscape Architects, in collaboration with in-house Wildlife Biologists, will prepare a preliminary landscape/revegetation design solution and final landscape construction documents forthe landscape/revegetation components of the project. The extent of these services will include the following: • Preliminary design and construction documentsfor improvementsto the'Waterfowl Island and Wildlife Habitat Island", • Preliminary design and construction documents for improvements to the lake margin "Meandering Stream, Waterfall and Native Planting Area", • Preliminary design and construction documents for improvements to the lake margins associated with the "Aquatic-Wetiand Vegetation Planters" (i.e., planting strips in periodic locations along the lake margins), • Biological assistance for design and plant specification for the lake improvements mentioned above, • Preliminary design and construction documents for interpretive signage, • Cost estimating support for landscape improvements The work will include a site visit to evaluate existing conditions and available site opportunities; preparation of a preliminary landscape design solution, and design and development of planting plans (i.e., planting plans, legend, details, and notes) and a permanent landscape Irrigation system (i.e., irrigation plans, legend, details, and notes) utilizing an existing park point of connection. All project specifications for the landscape and irrigation improvements would be prepared in plan format (i.e., specifications included as plan sheets within the construction document package). It is assumed that all landscape/revegetation plans would be included as sheets within the overall engineering construction document package. r. o sal for Centennial Lake Renovation 21 25E-34 SCOPE OF SERVICES AND SCHEDULE Dudek Landscape Architects will assist in the preparation of interpretive signage presentation displays and mounting strategies, based on sign layouts and graphics developed by the City. Developed designs will be included in the construction document package in both plan and detail format with supportive notes and specifications to provide accurate direction for installation. Sign content development: Dudek will identify significant features of the Centennial lake habitat and create an informational narrative that describes the habitat, it's fauna and flora inhabitants, and their impacts on the lake and surrounding environs. This narrative will be the basis for the content of the interpretive signage and information kiosk at the lake shoreline. A draft of the narrative will be presented for client review and revisions prior to proceeding with design of the signage. Interpretive signage design: Dudek proposes to design one informational kiosk sign which will be Installed at the east end of the lake shoreline. This kiosk will include a structural design that integrates Into the natural landscape surroundings, and will incorporate multiple sign panels displaying information about the lake, park history and development, maps, local habitats, and other visitor information related to the site, such as lake hours, site regulations, etc. In addition to the kiosk, two different interpretive sign panel displays will be designed to present information to visitors about Centennial lake and its habitat: 1) One display will identify the waterfowl species that Inhabit the lake area and provide information and instructions related to feeding stations located onsite. This information will be replicated on several signs around the lake. 2) A second interpretive panel design will identify various lake habitats, fauna and flora, and provide more specific information about the Centennial Lake environment. Dudek will provide the interpretive signage content and design, Including sign panel layout, typography selection, Illustration and graphic design, material specification recommendations, and working drawings for fabrication estimates. The biological work will Include a site visit by a Wildlife Biologist to further evaluate site conditions and provide assistance with the development of design modifications to the Island to support wildlife use. The Wildlife Biologist will also assist with the selection of native plant materials appropriate for the intended function of the modified island and the lake margin planting areas, to support waterfowl and wildlife use. Deliverables: • 60% Design Lake Renovation Plan Set (30-35 sheets) • Draft Lake Manual • 60% Construction Specifications • Preliminary Engineer's Estimate Task 3: Construction Documents (90% and 100% plans) In the Final Design Construction Document phase Dudek will incorporate comments and input from the City Into the project design and finalize the Lake Renovation Plan Set and project design to the 90% and then the 100% completion level. We anticipate two (2) submittals to the city for review; one for the 90% complete set of construction documents and one for the 100% complete set of construction documents. In this phase, we will revise and finalize the design and facility sizing calculations for the mechanical equipment including the circulation pumps, sump pumps, water DUDEK Proposal for Centennial Lake Renovation 22 25E-35 SCOPE OF SERVICES AND SCHEDULE feature pumps, air compressors, aeration disks, and ventilation fans. We will also finalize design and size all of the water circulation system piping, plumbing, and aeration tubing. Dudek will finalize design and sizing calculation for the bio -filtration system, the macro -skimmers, and aquatic vegetation planting shelves. Dudek will prepare a final Lake Manual which will include a detailed discussion on the lake -fishery management, lake water quality management, lake operation, equipment maintenance guidelines and lake maintenance activities to assist City staff in the management of the lake. All of the design calculations for the lake will be included in the appendices of the lake manual. Dudek will also prepare a final version of the project construction specifications and contract Pay Items List using the boilerplate provided by the City and submit to the City for review along with a final Engineer's Estimate consistent with the 90% and 100% level of completion of the construction documents. We anticipate meeting with City staff on two occasions in this phase to discuss final design and to get city input on the design. Dudek will prepare a Stormwater Pollution Prevention Plan (SWPPP) in compliance with the current Orange County—Santa Ana Region permit for MS4 permittees under the NPDES. Dudek will obtain a W DI# and submit the SWPPP to the California Waterboard Smarts System website. Deliverables: • 90% Design Lake Renovation Plan Set (30-35 sheets) (pdf format) • 100% Design Lake Renovation Plan Set (30-35 sheets) (pdf format, full size hard copies, and Micro Stations V81 file format) • Final Lake Manual (pdf format) • 90% Construction Specifications Including contract Pay Items List (pdf and .doc file format) • 100% Construction Specifications Including contract Pay Items List (pdf and .doc file format) • Final Engineer's Estimate (pdf format) • SWPPP (pdf format) • CE Documentation (pdf format) • CDFW Notification (pdf format) Task 4: Bid Support, Construction Administration, Record Drawings: If requested, Dudek will provide bid support services and construction administration services, and develop record drawings for the project as described below. Bid Support Services Bid Support Services will include attendance of the Pre -Bid meeting to provide answers to contractor questions and information regarding the project design and needed, response to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses will be provided within three (3) working days, and review of addendum documents. Construction Support services will include the following services: • Attendance at the pre -construction meeting, • Review and approve submittals, as requested. If requested, Dudek will complete submittal reviews within one (1) weeks of receipt. • Provide periodic field and construction observation reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which Dudek may observe. DUDEK Proposal for Centennial Lake Renovation 23 25E-36 SCOPE OF SERVICES AND SCHEDULE • Be available as requested by the City to resolve discrepancies in the contract documents. Dudek will bring to the attention of the City any defects or deficiencies in the work by the construction contractor which Dudek may observe. • Fumish necessary drawings for corrections as required to remedy errors and omissions by Dudek Record Drawings / As -Built Plans Upon completion of construction, the record drawings kept by the General Contractor will be turned over to Dudek for preparation of "as -built" plans. Dudek will Incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, an electronic file will be submitted to the City in Microstation V81 CADD and pdf formats of the final as -built drawings via CD, e-mail, or through an FTP site. Task 5: Optional Services Dudek will provide the additional optional services described below upon request by the City. CEQA Special Studies Dudek will provide the following technical studies to support the CE determination: Air Quality and Greenhouse Gas Emissions Assessment, Biological Resource Evaluation, Cuitural-Historical- Paleontological Resources Evaluation, and a Noise and Vibration Assessment. CEQA Mitigated Negative Declaration (MND) If it is determined that a CE is not the desired route of CEQA documentation for the project then, Dudek will provide the following services to prepare a MND: Administrative Draft IS/MND, Screencheck Draft IS/MND, Draft IS/MND, Response to comments and Final IS/MND, Notice of Determination. SWPPP Dudek will prepare a Notice of Intent, Site Risk Assessment, Site Map, Storm Water Pollution Prevention Plan (SWPPP), and Certification Statement In compliance with State of California Regional Water Quality Control Board Santa Ana Region Order No. R8-2009-0030 NPDES No. CAS618030. Note; Dudek assumes that the annual permit fee will be paid directly by the City. clarifications - 1 . larifications:1. We have assumed that radio telemetry will be utilized for SCADA communications. In addition, we are assuming that any needed radio path studies will be conducted by others. 2. Based on our review and preliminary calculations, upsizing and/or relocation of the existing SCE electrical service is not required. Accordingly, any coordination with SCE is not Included In the current scope of work. 3. Our approach provides SCADA to only the large pumping vault. 4. Our approach assumes abandonment and electrical safe -off (per NEC) of the existing small equipment vaults and development of a common design for the small pump vaults. 5. It is our understanding that we will need to coordinate plan check with the City of Santa Ana and other agencies including but, not limited to City of Santa Ana Public Works Design, Water and Construction Engineering Divisions, and Parks Recreation & Community Services Division, California Department of Fish and Game, the Callfomia State Department ofAgii1culture, Vector Control, National Pollution Discharge Elimination Permit (NPDES) and the California Regional Water Quality Control Board. DUISEWProposal 25E-37 SCOPE OF SERVICES AND SCHEDULE 2.2 Project Schedule Dudek has prepared the following schedule to illustrate our ability to complete this project in the proposed limeline. FIGURE 5. PROJECT SCHEDULE DUDEK Proposal for Centennial Lake Renovation 25 25E-38 iwm r .y I1�{�mm ly mW l.q+.m mn IO�O�mu I 1/IJ/.1/I�r/f/N1 N6'IIYnIVtd6)]1�IpWlIMI�MlL1t1IV1�1/LIy11y11y1Y/♦ij/Y t ttttlnuh.eN tan ]-mw T -]AN 1 gdtl Mft 14r ]]e MMI W 7/11A. ! 9lp Meeh. fery Tu1117112 7u7/17n. e. ..u.tNrnr..0- Ser Wet 7/" Tu]/b/IB i_tl ! he•nYur]rrtyee�IS]M.e+W Jun P.penO.N 100m x 71MA. IeWTA. 1 r luurelrtl..kM6 1ery �WN ! tar tym.. loom T.8/14A6 rA.nanN i_..lJ, • ptynwnbpmmlrmsDnt•suerr.Wmml lsem s NMA• M IWVw ! l.muvtmeeunr Ieq MIW1a1. .�1WIa1• iT I �• nrr vsw 10em IrnwSA. MIa1/1s n r•w wtp,nmlt�r�n A•wnlenJ 15em M11" W.11AaM i—=t i n 3.0mtul NctlNr &do T-I1ATA9 T."W/L or M.te. 106m vretunW Tv ltAal. i t. rFLAep�1t®loallnrW rnpntbnl sem w.e!]/1]/ll Tu.11nw 1.1. i n aem•a YYew. Id" MN11/n/ll WMI'Aan 7 n r3T0erka Sem ] IaIDA• Td1ZW18 —1 't Mepmw le.r Mon11/rt/1• Man n/i1/1. DUDEK Proposal for Centennial Lake Renovation 25 25E-38 3 Fee Proposal Our fee proposal is included in a separate sealed envelope. ProposalDEK 25E-39 4 Certifications Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON-COLLUSTON AFFIDAVIT (Title 23 United States Cade Section 112 and Public Contract Code Section 7106)) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United Stake Code Section 112 and Public Contract Calc 7106 the BIDDER declares that the bid is not made in the interest of or on behalf of, any undiselmed person, partnership, company, association, organisation, or corporation; that the bid Is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited my other BIDDER to put in a false or sham bid, and has not directly a Indirectly colluded, conspired, connived or agreed with wry 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 agreemen6 communication, or conference with anyone to Ex the bid price of the BIDDER or any BIDDER, or to fist any overhead, profit, or cost clement of the bid price, or of that of any other BIDDER, or insecure anyadvantage against the public body awarding the contact of anyone imerested in the proposed contractthat all elatanents contained in the bid as true; and, further, that the BIDDER bas not, directly a• 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, compagv association, cogani ndon, bid depository, or to my member or agent thereof to effectuate a collusive ar sham bid. Note The above Non -collusion Affidavit is pan of the Proposal. Siong this Proposal on the sigtntum portion thereof shall also constituteat ahme of this Noncalluslon Af idavit. BIDDERS am cautioned that maldng a false certification may sub'7't the ccriik to criminal prosecution. Signed State of California County of SAN 2)/E(a Dudek Chairman / CEO Snbscn'hcd and swam to (or affirmed) before me on this /"day of a700J 20/d' by F"Atx D azide . proved to me on the basis of satisfactory evidence to be the persons) who appeared before me. Notary Public Sigo DAN/dt A)G MMEtaa - tbtenMbO<-Caaomie t�a�ar�n /I1B�YE MYeomaF.paefA4rEAaml + Notary Public Seal Clty of Santa Ana RFP Page A3.1 DUDDUDEK Proposalfor - - Renovation 25E-40 CERTIFICATIONS Appendix ATTACMIENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to tine but ofhis other knowledge and belief, that 1. No federal my porsm for iaftuenclog W attempting to hdlumce mofficer Ormoploycoofsay h(kad a -gooey, Member ofCongress, an ofticur or employee of Congress, or un employee of a Member ofConyros In connection with the awarding of any federaleortttao6 the making crony fedemi gram, the makint of say federal loan, die entering into of any cooperative agreement, and the extension, himah cation, renewal, amendment, or modification of any federal comnct, grant, loan, or coopemtivo agreement. 2. Ifmty Mrds other (Iran federal appropriated funds have been paid or will bed to any person for Influencing or auempting to influerm any oFlicer or employee ormy, federal agygaency, aMember of Congn ss, an o177cer or employee of Congress, at m catploAc ofu Member el fiDngleeS in connection with this federal contrae4 grant loan, bra or cooperative agreement, the undersigned shall complete and submit a "Disclosure ofLobbying Acgvities", INS eertifkation is a motorial representation effect upon which reliance was placed when this tamssction was made or entered lino, Submission of this eenification is aprerequisite for making or emeriag Into Ibis transaction imposed by Section 1352, Title 31, U. R. Code. Any person who Pals to file the required oerdficadon shat) be subject toa civil penally ofnot less than 510,000 and not mm than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or propusal that he or she shall require that the language ofthiscord ficadm be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Signed and Printed Namr .i;,t, Vice President 5131/1$ Bob ohlttnd, PF. I city of $aria Ana RFP Page A3-2 ProposalDUDEK •r Centennial Lake Renovation 28 25E-41 CERTIFICATIONS Appendix ATTACHMENT 3.3: NON-DISCREIIINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicaM for employment because of race, color, religion, am or national origin. The Consultant shall take afiumative action to ensure that applicants are employed, and that employees are trained during employment without, regard to iheirrace, color, religion, sex, ornational otigin. Such action shall include, but not be limited to, the following: employment upgmdiag, demotion, or transfer, recruitment or noruitme,rt advcrtisfng; layoff or tonnination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship. IN 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. 7be 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, am or national origin - 3. The Consultant shall send to each labor union or representative of workers with which ho/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 o£Labor. S. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 196$, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will pormit 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 thiscontract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or is part and the Consultant may be declared ineligible for further Government contracts or fedandly assisted construction contracts In accordance with procedures authorized in Execution Order 11246 of September 24, 1968, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 196$, 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 City or saNa Ana RFP page A&3 ..,..,..<.,. �,.� .t..........Y_ .,...,...r ,fes... .n, .....n.:aA�.,.»...-. •..„t....t ,t......._:....,.-�.�>:.,.F:.., ,... -.:... DUDDUDEK Proposalfor • 25E-42 CERTIFICATIONS 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 us means of enforcing such provisions, inctudtng sanctions for noncompliance, provided, however, that in the event the Consultant becomes involved in, or Is threatened with, litigation with a sub -consultant or vendor as it 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 theUnitedStates. B. Pursuant to California Labor Code Section 1335, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shalt be made In the employment of persons upon public works because of thee, religious creed, color, national origin, ancestry, physical handicaps, mental condition, maritat 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. Title: Bob Ohlund, PE, vice President Firm: Dudek Date: 5.31.18 Chy of Santa Ana RFP Page A3.4 ProposalDUDEK •r Centennial Lake Renovation 30 25E-43 APPENDIX A Resumes 25E-44 INTENTIONALLY LEFT BLANK 25E-45 Jonis C. Smith, PE, CFM Project Manager Jonis Smith is a professional engineer with 23 years' experience in all aspects of project management, stormwater management, flood control engineering, water quality permitting, low impact (LID) stormwater management design, construction management, and water resource system design. He has successfully engineered and managed the conceptual design, preliminary design, final design, and construction processes for numerous public, pseudo -public, and private projects. He is adept in all aspects of obtaining resource agency permits and construction permits. He has successfully processed numerous Federal Emergency Management Agency (FEMA) (Conditional Letter of Map Revision (CLOMR), Letter of Map Revision (LOMR), Physical Map Revision (PMR), and Letter of Map Amendment (LOMA)) applications, Project Experience EDUCATION California State University, Long Beach MS, Civil Engineering (Construction Management), 2000 California State University, Long Beach BS, Civil Engineering, 1995 ACCREDITATIONS AND LICENSES State of California Registered Professional Engineer RCE 58654 State of Arizona Registered Professional Engineer RCE 46552 Cedified Floodplain Manager No. US•14-07485 PROFESSIONAL AFFILIATIONS Floodplain Managers Association Centennial Park Lake Circulation and Aeration Study, Santa Ana, California. Project manager for the evaluation and remediation study for the Centennial Park Lake, Field work and existing project evaluation included soft sediment samples to analyze the lake bed retardation properties and water samples, taken of the course of three months, to monitor the quality of the water. A Lake Operations and Maintenance Manual was written for the city on urban lake habitat preservation. The proposed design alternatives included recirculation pumps, aeration pods, manmade reefs, bio -remediation areas, and educational signage to educate the public of their essential role in sustaining the habitat. Percolation Pond Site Expansion Project, City of Santa Maria, California. Served as the Project Manager for the Percolation Pond Site Expansion Project (Project) which involves expanding the percolation ponds to dispose of the WWTP's ultimate treated effluent capacity of 13.5 MGD. Dudek's engineers explored and ultimately designed pumping, pipeline and expanded percolation facilities on 241 acres of land owned by the City, that were previously being contract farmed. Phase I of the Project designed facilities to accommodate 25% of the WWTP effluent capacity. Dudek's engineers also investigated the use of a Bio -Filter to fix and remove dissolved nitrogen from the effluent prior to percolation. Valley Center Municipal Water District, Woods Valley Ranch WRF Phase 2 and Charlan Road Seasonal Storage, Valley Center, California. Mr. Smith is serving as Civil/Site Design Task leader for the Charlan Road Seasonal Storage Facility Project(s). The Projects support the phased development of the South Village Wastewater Service Area within the District and are funded by Clean Water State Revolving Fund (SRF) loans, The WRF upgrades include design of an extended aeration, activated sludge process design for biological nitrogen removal and tertiary disk filters followed by chlorine disinfection. The facility is a 100% reuse project requiring 134-day5 of wet weather storage, Dudek is designing a 43 acre-foot (14 million gallons) earthen basin to provide supplemental wet weather storage. The pond geometry and layout was designed to stay out of jurisdictional permitting of the Division of Safety of Dams. To mitigate the potential consolidation of loose alluvial soils below the basin berms during a design seismic event, DUDEK Page 25E-46 JONIS C. SMITH, PE, CFM — CONTINUED over -excavation and re -compaction of 80,000 cubic yards of onsite material was required to stabilize subsurface soils from existing ground level to the underlying bedrock. To construct the above grade berms, the project will import approximately 50,000 cubic yards, Dudek is coordinating with the District to identify, select; and pre -negotiate an offsite borrow pit for the imported material. Other improvements include recycled water pump stations at the WRF site and Charlan Road, coordinated to allow parallel operation in a common 5,000 -ft long forcemain to the neighboring Woods Valley Golf Course. Harveston Lake, Lennar Homes, Temecula, California. Project Manager and Project Engineer for proposed 10 acre (150 ac -ft) lake for the then proposed residential community known as Harveston. Mr. Smith designed the lake liner, filtration, circulation, and aeration systems. He prepared the lake grading plan set with all the lake operational features and published a lake Operations Manual to give the lake owner guidance on lake maintenance and operations procedures. Heritage Park Lake, City of Cerritos, Cerritos, California. Project Manager and Project Engineer for proposed 4 acre (24 ac -ft) lake for the then proposed renovation of the community park. Mr. Smith designed the lake liner, filtration, circulation, and aeration systems. He prepared the lake grading plan set with all the lake operational features and published a lake operations manual for the lake owner. North Trumble Recycled Water Storage Pond, Eastern Municipal Water District, Perris, California. Mr. Smith served as the lead project engineer for the pond design portion for this project. The project consisted of design for two new recycled water ponds that will provide the District with 1,500 acre-feet (489 million gallons) of additional seasonal storage capacity to allow the District to use more recycled water within its service area during the high -demand summer months. Features of the new ponds include three 2,000 gpm floating pump stations with 150 hp vertical turbine pumps, approximately 2,500 If of 16 - inch to 36 -inch inlet and discharge piping, and 36 -inch diameter steel pipelines and isolation valves to interconnect the new ponds to each other and to the existing adjacent Trumble Road Recycled Water Pond. Access roads to the bottom of the ponds with landing platforms for cranes will also be provided. The project also includes improvements to two existing recycled water ponds, the 117 MG Case Road Pond and the 50 MG Watson Road Pond. These improvements include new 2,000 gpm floating pump stations and associated inlet and discharge piping, electrical and SCADA system upgrades, and deepening of Case Road Pond to optimize the storage capacity at that site. WRP7 Percolation Ponds, Coachella Valley Water District, Coachella, California. Project Engineer for design of the 58 -MG percolation pond. The project goal was to maximize the disposal capacity of onsite percolation ponds, thereby minimizing the District's reliance on offsite percolation ponds which are subject to restrictions during wet weather events. A comprehensive geotechnical investigation was prepared to analyze hydraulic conductivity of the surface soils, general geology, and local hydrogeology. This analysis identified soil clogging and subterranean groundwater barriers as restrictions to the onsite percolation rate, with varying expected percolation rate across the plant site. This evaluation was developed into a percolation pond improvement strategy that includes reconfiguring the ponds to maximize percolation capacity and onsite storage volume. Fletcher Percolation Basin, Orange County Water District, Orange, California. Project• Manager and Project Engineer for the proposed redevelopment and repurposing of a150 ac -ft percolation basin for OCWD. Mr. Smith prepared a preliminary design study to determine the basin storage and percolation capacity. The basin was preliminarily designed to operate as a dual use facility providing both stormwater detention and groundwater recharge. The basin will also provide additional storage capacity in the OCWD Riverview Basin system adjacent to the Santa Ana River. The basin was preliminarily designed to function as a deep recharge basin with a maximum depth of 35 -ft. The basin bottom and sided below the permanent storage pool were designed with large particle size soil slopes to allow for maximum recharge. D D • g 25E-47 Bob Ohlund, PE Principal in Charge Bob Ohlund is Vice President of Dudek and has more than 33 years' engineering consulting experience focused on developing creative and sustainable solutions for public infrastructure. Mr. Ohlund is an expert in water, wastewater, and recycled water resource projects, serving in program management, project management, and construction management roles. His leadership in planning, design and construction of new facilities and rehabilitation of existing facilities has culminated in many successful projects. EDUCATION University of Southern California BS, Civil Engineering, 1983 CERTIFICATIONS Professional Civil Engineer, CA No. 41006 PROFESSIONAL AFFILIATIONS American Water Works Association (AMA) since 1963, #0081539 Water Environment Federation (WEfTEC), #01786979 Project ExperienceAmerican Society of Civil Engineers I (ASCE), #424585 Artificial Circulation Systems for Mathis Reservoir and Orange County Water Association, 1983 - Bear Brand Reservoir, Moulton Niguel Water District, present; Board of Directors (1994-2000); California. Project manager for the design of an artificial I President (2000) circulation system In Mathis Reservoir and Bear Brand Reservoir. The circulation system included the installation of a motor driven submersible mixer. This mixer consisted of large "banana blade' propeller driven by a 3.5 horsepower motor, mounted on a mast allowing for removal and installation of the mixer, without taking the reservoir out of service. The mounting system was structurally designed to complement the existing steel tank's internal structural features. A new hatch was provided in the roof of the reservoir over the mixer, complete with a davit crane to facilitate removal and installation. In addition, seven sampling ports, tubing, and valving were designed to facilitate the Moulton Niguel Water District's confirmation of water quality within the vertical scope of the reservoir. Aeration and Electrical Upgrades, Muirlands Wastewater Treatment Plant, Los Alisos Water District Aeration units in Lagoons Nos. 2 and 3 were added to increase the dissolved oxygen to enhance the lagoon performance in the secondary treatment process. Electrical power service was designed to accommodate the ultimate aeration requirements of the lagoons. Zone 4 and 6 Reservoirs Artificial Circulation Evaluation, Irvine Ranch Water District, California. Project manager for the evaluation of inducing artificial circulation or mixing of stored water in an attempt to increase water quality in the system. Baffles, submersible mixers, and alternative operational scenarios were evaluated with cost estimates, and present worth analyses were used to quantify the costs and benefits. In addition, computer modeling using computational fluid dynamics of the preferred mixing alternatives was performed to evaluate the effectiveness of the alternatives to support recommendations for the improvements. North Trumble Recycled Water Storage Ponds, Eastern Municipal Water District, Perris, California. Project Manager for the design of two new recycled water ponds that will provide the District with approximately 1,500 acre-feet (489 million gallons) of additional seasonal storage capacity. Coordinated special studies, including geotechnical investigations to further characterize the groundwater conditions and is evaluating several potential means and methods for a concentrated dewatering operation in the proposed excavation area, thereby avoiding the need to drain the existing pond for the duration of construction 25E-48 BOB OHLUND, PE — CONTINUED Features of the new ponds include three 2,000 gpm floating pump stations, approximately 2,500 If of 16 - inch to 36 -inch inlet and discharge piping, and 36 -inch diameter steel pipelines and isolation valves to interconnect the new ponds to each other and to the existing adjacent Trumble Road Recycled Water Pond. Access roads to the bottom of the ponds with landing platforms for cranes will also be provided. The project also includes improvements to two existing recycled water ponds, the 117 MG Case Road Pond and the 50 MG Watson Road Pond. These improvements include new 2,000 gpm floating pump stations and associated inlet and discharge piping, electrical and SCADA system upgrades, and deepening of Case Road Pond to optimize the storage capacity at that site. Recycled Water Use & Seasonal Storage, Diamond Valley Lake Area, Eastern Municipal Water District, California. Project manager to prepare an initial feasibility analysis to identify and evaluate potential alternatives for the use and seasonal storage of recycled water in recreational areas adjacent to the east and west dams of Diamond Valley Lake, in Riverside County, CA. Specific issues researched for the study included; • Opportunities and barriers to recycled water use for landscape and recreational purposes, • Opportunities for winter storage of recycled water for meeting -summer demand, • Potential for groundwater percolation and re -pumping for summer supply and associated impacts, • Pond design issues including liner alternatives, • Water quality issues and constraints, landscape irrigation and storage of recycled water, • Regulatory, environmental and institutional requirements and constraints, • East Valley Management Plan issues and constraints. Syphon RW Seasonal Storage Reservoir & Multi -Zone Pump Station, Irvine Ranch Water District, California. Mr. Ohlund provided evaluation of integrating this new, seasonal recycled water storage reservoir into the IRWD recycle water system. Modification to current system operation was analyzed as this reservoir will become a significant source of supply in the high demand months, in addition to operational modifications and system improvements associated with conveying large supply to fill the reservoir in low demand months. Dudek further prepared the preliminary design of a multi -zone recycled water pump station (32,000 gpm total pumping capacity). System operation, reservoir, pump stations, disinfection and pipe sizing was considered to maximize storing the excess recycled water supply potential from two reclamation plants in the winter months, yet balancing the sizing of facilities with future demands. A new multi -zone pumping station, including the ability to pump to three different pressure zones to take advantage of system head to provide an energy efficient design, strainer facilities to filter algae and other biomatter, and both disinfection and dechlorination facilities were defined and preliminary design provided. Dudek additionally prepared environmental documentation for the facilities discussed above as well as the overall dam raising project. Canyon Lake Treatment Plant Intake Facility Replacement, Elsinore Valley Municipal Water District — Principal -in -charge for the design of a new intake facility which draws water from Canyon Lake and pumps to the treatment plant. Facilities included the relocation of a floating pump platform, 500 -feet of new 30 -inch transmission main, and injectors for the injection of chlorine, acid, polymer and alum. DUDEK Page 2 of 25E-49 Timothy Muli, PE, LEED AP Lead Engineer Mr. Mull has experience in complex hydrology and hydraulic modeling and analysis. He has been involved in preparation of runoff management plans for developments within the Counties of Los Angeles, Orange, Riverside, and San Bernardino. He has recently been involved in the technical review of a Master Plan of Drainage for the County of Orange, under contract to the County. He performed complex 2D hydraulic simulation of sub -surface and surface flooding for the World Trade Center in New York City, 2D XP-SWMM modeling of flooding within the City of Redlands. Among other complex and interesting projects, Tim just completed a Master Plan of Drainage for the City of South San Francisco, a project requiring complex hydrology and 2D flood simulation and involving Radar Rainfall Estimation for Modeling. EDUCATION California State University, Los Angeles MS Civil Engineering, 2002 University of Nairobi, Kenya BS Civil Engineering, 1999 LICENSES AND CERTIFICATIONS Professional Civil Engineer CA No. 72992 LEED Accredited Professional, 2009 PROFESSIONAL AFFILIATIONS American Society of Civil Engineers (ASCE), Orange County Chapter, Associate Member Engineers Wdhout Borders (EWB), USA, Member The Institution of Engineers of Kenya, Kenya, Member Mr. Mull also has experience in roadway drainage and has I Toastmasters International, Member prepared several plans, specifications and estimates (PS&E) as well as hydrologic and hydraulic reports for public and private sector clients for projects within the Counties of Riverside, Orange and San Bernardino. He has recently completed the preparation of drainage PS&E for the Foothill Parkway Westerly Extension Project for the City of Corona, in Riverside County (now under construction) , the Alton Parkway Extension for the County of Orange & City of Lake Forest, and preparation of drainage PS&E for Tract Developments within the City of Beaumont. He is currently involved in the preparation of drainage PS&E for the Santiago Hill II -South Tract Development for the Irvine Community Development within the City of Orange, in the County of Orange. Project Experience Heritage Fields Drainage and Water Quality Master Plans, Fivepoint Communities (formerly Heritage Fields EI Toro, LLC), Irvine, California. Project Engineer. He was responsible for complex hydrology modeling involving complex detention basin, water quality basin and channel routing. This project involved use of County approved programs such as AES, WSPGW, and HEC -RAS. He was also responsible for providing support in preparation of drainage master plan report. The scope included a regional hydrology, master planning of backbone facilities, and GIS mapping for the overall Heritage Fields project. The project encompasses 850 acres of the former EI Toro Marine Corps Air Station and borders the Great Park. It will provide approximately 1,100 residential dwelling units together with two golf courses, riparian corridors, lake features, and trail connections. The master plan of drainage included six regional watersheds (Marshburn, Bee Canyon, Agua Chinon, Borrego, Serrano, and Upper San Diego Creek) passing through the project site and a master plan of water quality for all districts of Heritage Fields( - Actual, 2009 - PS, - Estimate) Design of Recharge Basin at the Victoria Site, Western Municipal Water District, California. Project engineer for the preliminary design of the pilot test began in February 2016, including review of data from previous site surveys and subsurface investigations. Data from these studies was used to develop a plan for -e.a--a .ti: i-. ...:_..wixn. wNx .z rv. .e.yvw'.t:.yul vw£-�..-:,: r,. n..w..[y:f ui .S.:: t. er.a usN Ly.r..µy ..u•.v,„ -��� D - , Page 1 of 2 25E-50 TIMOTHY MULI, PE, LEED AP — CONTINUED a more extensive investigation (exploratory excavations) of the near -surface (< 10 feet) sediments. Results from the exploratory excavations were used to select the horizontal and vertical locations of two infiltration test cells and associated monitoring wells. Source water for the pilot test was supplied from the District non -potable water system. Construction of the pilot test was completed in May 2016 and infiltration rate testing occurred from May 13 through July 15, 2016. Identified infiltration rates ranged from 3.5 to 19.0 feet per day (ft/day), with sustained infiltration rates of 3.5 ft/day and 11.5 ft/day on the east and west sides of the site respectively. The Dudek team provided construction of the pilot test basins, as well as the ongoing operation and maintenance of the pilot program (in association with Scheevel Engineering). Using data from the pilot test program, the Dudek team began final design of the Victoria Water Recharge Facility. Ongoing effort have included the Victoria site configuration, permitting, stormwater capture facilities, and ancillary equipment. A variety of site configurations have been developed, each evaluated to determine its stormwater capture capacity, long-term sedimentation characteristics, and ongoing operation and maintenance characteristics. With the selection of the preferred site configuration, final design plans, specifications and cost opinions are under development. Currently, the 10 -acre Victoria site Is projected to be capable of recharging the Arlington Basin in excess of 3,000 acre-feet per year. The facility is projected to be constructed in 2018, and recharging the Arlington Basin by December 2018. Rosedale Development (Monrovia), Monrovia Nursery, Azusa, California. Design Engineer. He was responsible for hydrology and hydraulics and preparation of H& H report. The project involved complex detention basin and water quality basin routing using the Los Angeles County design procedures and methodologies. Programs used in this project include WMS, MODRAT, and TC calculator. The project including professional engineering and surveying services for the preparation of master developer plans for Azusa Light & Amp; water infrastructure facilities; grading plans for building pads; improvement plans for streets; water, sewer, and storm drains; and tentative and final tract maps for the Rosedale project, located within the City of Azusa. This 800 -acre master -planned community proposes 1,200 dwelling units and community recreation facilities.( - Actual, 2009 - PS, - Estimate) Planning Area 2 Master Civil Engineer, Rancho Mission Viejo, LLC, Rancho Mission Viejo, California. Project Engineer. Project Engineer responsible for technical review of the Ranch Plan Planned Community Runoff Management Plan prepared by others as part of an on-call professional services for the County of Orange. He was responsible for coordination with County plan check staff to facilitate the Ranch Runoff Management Plan review and approval. The plan check included the review of approximately 150 hydrology models performed by another consulting firm. He was also responsible for applying County procedures and requirements to provide detailed comments and guide the consulting engineers in the development of their hydrology models. He was responsible for the overall reviewing, providing correction, guidance, and coordinating with Engineers and County staff to ensure quick approval of the Runoff Management Plan, He also assisted with conceptual design for portions of Rancho Mission Viejo Company's Planning Area 2 (PA2), a large-scale land planning project that is the second of five villages to be developed within the greater Rancho Mission Viejo community in the hills above the City of San Juan Capistrano, The company hopes to develop over 12,000 homes, commercial areas, and other amenities over the next 20 years in the same legacy as their other successful development in Rancho Santa Margarita and Ladera. He helped develop the infrastructure and housing design for the community in a manner that was cost-effective, efficient, and environmentally sensitive and sustainable. His tasks included transportation design, permitting, mapping, stormwater runoff and quality, and environmental urban planning.( - Actual, 2014 - PS, 2014 - Estimate) DUDEK Page 2 of 2 25E-51 Neil Harper, PE Pump Vault Design Neil Harper has more than 17 years of experience in project management, engineering, planning, design, and construction support services for a variety of municipal and public agency projects. Specific areas of practice include water, wastewater, and water reuse systems. Relevant experience includes water distribution and treatment facilities, pumping facilities, and reservoirs. EDUCATION California Polytechnic State University, San Luis Obispo BS, Bio -Resource and Agricultural Engineering, 1999 LICENSE Professional Civil Engineer, CA No. C63288 PROFESSIONAL AFFILIATIONS Successful project management is a key attribute of Mr. Orange County Water Association Harper's. He has proven to communicate regularly with the I American Society of Civil Engineers Client to develop a thorough understanding of the project and the Client's needs. Tracking project milestones and their relation to the project schedule and budget is a point of focus for Mr. Harper, allowing for on-going knowledge of the project status. Project Experience Sand Canyon Zone A Pump Station and Filtration Facility, Irvine Ranch Water District, City of Irvine, Orange County, California. Project Manager for preliminary design of the recycled water pump station expansion and replacement of pressure filtration facility. This project included a benchscale chlorine residual testing and analysis to determine the amount of sodium hypochlorite required to achieve a 5 parts per million chlorine residual. This was required because the Sand Canyon Reservoir is an open earthen reservoir with aquatic plants and animals and thus forms hydrogen sulfide. The preliminary layout of the facility was comprised of a 10-cfs vertical turbine booster pump station, pressure type rotating screen strainers, a screenings backwash lift station, a sodium hypochlorite which housed 4,000 -gallons of sodium hypochlorite, metering pumps, controls and appurtenances and a new motor control center. North Trumble Recycled Water Storage Ponds, Eastern Municipal Water District, Riverside County, California. Project engineer for design of (9) 150 -hp vertical turbine floating pump stations, (5) pressure sustaining, flow control, and flow metering inlet facilities to the (5) ponds, and (5) outlet metering stations. The project entailed multiple connections from the 24 -inch inlet piping and 16 -inch outlet piping to the 36 -inch and 48 -inch recycled water transmission mains. Extensive coordination with SCE to provide electrical service for the (9) floating pump stations was also required. Pump Stations Design for 82 -Acre Habitat Restoration, City of Rancho Santa Margarita, Orange County, California. Project Manager for design of a 15 -hp vertical turbine floating pump station and secondary 10 -hp in-line booster pump which provided recycled water for the 82 -acre restoration. Each pump station ws equipped with a hydro -pneumatic tank, variable speed controller, isolation valves, a strainer, and a flow meter. Santa Maria WWTP Percolation Ponds Expansion, City of Santa Maria, San Barbara County, California. Project enigneer for design of a 20 -MGD, secondary effluent variable speed operated, vertical turbine pump station and (2) flow diversion structures which consisted of multiple 24 -inch and 20 -inch manually operated sluice gates to route flows to the various percolation basins. Due to the low relative static lift and varying water levels DUDEK Page 25E-52 NEIL HARPER, PE—CONTINUED within the percolation basins and pumping forebay, a high spot in the pump station discharging piping was required to faciliate proper operation of the pump station under the full range of operating condictions. San Jacinto Valley Enhanced Recharge & Recovery Program, Eastern Municipal Water Department, San Jacinto, California. Lead engineer responsible for the preliminary design of a treatment facility for iron and manganese removal, blending, disinfection, and storage of extracted groundwater. The centralized treatment facility was designed to process up to 18,300-gpm from the proposed eleven groundwater extraction wells constructed across three phases. The design includes chemical oxidation of the iron and managenes for removal by media filtration. Treatment system also inlcudes the application of a blending strategy to mix high quality water (low iron and manganese concentration) with poor quality water (high iron and manganese concentrations). LLWRF Recycled Water Reservoir and Percolation Basins, Lee Lake Water District, Corona, Riverside County, California. Project Manager for design of the 2 -MG recycled water reservoir with liner and floating cover, relocated 1,600-gpm booster pump station, 10 -ft diameter clearwell, 2 percolation basins totaling 2.5 -acres in surface area. Project also includes multiple 12 -inch and 18 -Inch pipelines to fill/drain reservoir and Hill the percolation basins, and perimeter and basin maintenance access roads. Placentia and Raymond Basins Feasibility Study, Orange County Water District, Anaheim, California. Project Engineer for preliminary pump station design that included preparation of system head curves (full and empty basin condition) for each basin, pump selection, preparing construction cost estimates, sizing electric service, preparing preliminary submersible pump station configurations (including detailed sump layouts with piping/valve configurations), preparing preliminary site plans, and composing pertinent sections of the feasibility study. Upgrades to Mangular Blend -Station, City of Corona, Riverside County, California. Project Manager for design of nitrate blend station facility, which included a 2,000-gpm, 125 -hp vertical turbine pump in vault, flow metering facilities, facility piping (12 to 24 inch), nitrate blending facilities, nitrate sampling and analyzers, flow control and pressure -reducing valve vault, electrical service, motor control center, non- automatic transfer switch, PLC/SCADA system, radio telemetry, and miscellaneous site upgrades. Perimeter Booster Pump Station Upgrades, San Bernardino Municipal Water Department, City of San Bernardino, San Bernardino County, California. Project Manager for preliminary and final design of a 100 -hp vertical turbine pump, discharge piping and valving, 100 -hp solid state soft starter, 250 -kW generator set, and a 600A automatic transfer switch. The 100 -hp pump was required to pump to the interim and future hydraulic grades which differed by approximtely 25 -ft and hydraulic calculations had to be prepared to determine the impacts to the (2) existing pumps for both of the hydraulic scenarios. The project also required enlarging the pump station enclosure to accommodate the generator and consisted of additional concrete block wall, relocating a 10 -ft gate and asphalt paving. Camino Real Booster Pump Station, City of Arcadia, Los Angeles County, California. Project Engineer for design of a 4,700-gpm booster pump station comprised of a (3) 2,350-gpm 125 -hp vertical turbine pumps (2 duty and 1 standby) in a CMU block wall building. Other facilities included a MCC, overhead monorail crane, surge anticipator valve, standby generator set, SCADA/Telemetry, 600A electric service, and a flow metering vault. Site improvements consisted of approximately 500 -If of 18 and 24 -inch yard piping and site grading/paving. Site demolition included demolition of an existing well. DUDEK Page 2 of 2 25E-53 Gregory Guillen, PhD, PE Treatment Design Gregory Guillen is a chemical and environmental engineer focused on water and wasterwater treatment. Dr. Guillen's expertise covers the fundamentals of chemical and environmental engineering with an emphasis on water and wastewater treatment. Dr. Guillen has authored several peer- reviewed papers in the field of desalination and membrane filtration, holds multiple patents, and has lectured in the Department of Civil and Environmental Engineering while at UCLA. Dr. Guillen has 6 years of experience analyzing, improving, and designing water and wastewater treatment processes as well as odor control systems while with Dudek. His ability to break down very complex problems into easily understood solutions makes him an asset to any water or wastewe Project Experience EDUCATION University of California, Los Angeles MS, Civil Engineering PhD, Civil Engineering University of California, Riverside BS, Environmental Engineering LICENSE Professional Civil Engineer CA No. 83897 PROFESSIONAL AFFILIATIONS California Water Environment Association WateReuse Association ter project 4S Ranch WRF Disinfection Alternatives Technical Memorandum, Olivenhain Municipal Water District, Encinitas, California. Dr. Guillen produced a Technical Memorandum describing the existing UV disinfection system and operations and potential disinfection alternatives, including chlorination systems and upgraded UV systems. The Tech Memo described and compared capital and operational costs for each alternative. Recommendations were made to the District for disinfection system capital improvements. San Clemente Island Potable Water Delivery — Water Quality Investigation, Curtin Maritime, San Diego, California. Dr. Guillen assisted Curtin Maritime in the evaluation of water quality issues associated with the delivery of potable water to the US Naval base on San Clemente Island. Dr. Guillen inspected barge holding tanks and discussed the recurring water quality issues with Curtin and the Navy. Recommendations were given to remedy the identified biological and VOC water quality exceedances. The water quality issues have since been corrected. San Jacinto Valley Enhanced Recharge and Recovery Program, Eastern Municipal Water District, San Jacinto, California. Dr. Guillen created the preliminary design for a centralized iron, manganese, and nitrate treatment system. Several new wells were considered for returning to service, all of which exceeded drinking water quality standards for iron, manganese, and/or nitrate. Dr. Guillen designed a treatment system to bring all of these constituents to below their MCLS without the need for costly ion exchange or reverse osmosis. Woods Valley Ranch Water Reclamation Facility Phase 2, Valley Center Municipal Water District, Valley Center, California. Dr. Guillen has designed secondary, tertiary, and disinfection processes for the Woods Valley Ranch WRF Phase 2 expansion. Secondary wastewater treatment consists of an Aero -Mod extended aeration system capable of full nitrification -denitrification. Tertiary treatment consists of coagulation, flocculation, and cloth disk filters. Dr. Guillen has developed a tracer study protocol in coordination with the California Department of Public Health that will be used to recertify the existing chlorine contact basins to determine their ultimate capacities. The WRF will continue to produce Title 22 quality effluent. ..•� ..ualv.f. t �.,•_st.5. w,su Oro M:"c?cvv i.a. _.:.e4v'_xxx z- .:..ay.:.v wv: m, it �'rv...t. .. n-ov�ty y...a...:> .: .-_+v }ea a. DUDEK Page of 2 25E-54 GREGORY GUILLEN, PHD, PE —CONTINUED Process Evaluation and Data Gap Analysis at Grass Valley Wastewater Treatment Plant, Lake Arrowhead CSD, Lake Arrowhead, California. Dr. Guillen analyzed process data and treatment performance at Lake Arrowhead's Grass Valley Wastewater Treatment Plant. Treatment process deficiencies were identified and several operational and capital improvement project recommendations were made. The client now has a clear path toward achieving a more reliable treatment process. Process Evaluation, Data Gap Analysis, and Risk Analysis for Crestline Sanitation District, Crestline CSD, Crestline, California. Dr. Guillen analyzed process data and treatment performance at Crestline CSD's three wastewater treatment facilities. As a follow up to this analysis, a risk analysis was conducted to identify points of risk in the treatment process. Several operational and capital improvement plan recommendations were made. Crestline CSD has updated its Capital Improvement Plan with prioritized projects directly derived from this work. Industrial Wastewater Pretreatment System Recommendations Memorandum, BACHEM Americas, Inc., Vista, California. Dr. Guillen examined industrial wastewater quantity and quality from a peptide manufacturer in Vista, CA. The client had historically not met discharge limits set forth by Encina Wastewater Authority's Source Control Program. As a result, the client was forced to stop discharging its industrial wastewater to the local sewer and begin hauling offsite at a considerable cost. Dr. Guillen made recommendations on a wastewater pretreatment system design that would allow the client to reliably comply with EWA's wastewater quality requirements, restore wastewater discharge to the local sewer, and eliminate all hauling costs. Preliminary Engineering Report for Proposed Domestic Water Supply Project Manganese Treatment System Water Supply Wells No. 7 and 8, Photovoltaic Solar Array and Pipeline Replacement, Jacumba Community Services District, Jacumba, California. Dr. Guillen developed a preliminary design of a manganese treatment system for Jacumba Community Services District Dr. Guillen helped write the preliminary design report, which was used to secure USDA grant funding for the procurement and construction of the treatment system, PV solar array, and pipeline replacement. Ventura WRF Process Evaluation and Capital Improvement Plan, City of San Buenaventura, California. Dr. Guillen assisted in the Failure Mode and Effects Analysis (FMEA) workshops with Ventura WRF Staff. The workshops identified unit processes within the WRF, identified their modes of failure, and scored the criticality of those failures. The FMEA process in conjunction with the WRF treatment process analysis, identified constraints within the facility and helped develop the City's Capital Improvement Plan. Plant No. 1 Activated Sludge Process Facility No. 1 — Denitrification Process Study for 2615 SCE Incentive Application, Orange County Sanitation District, Fountain Valley, California. Dr. Guillen provided technical oversight of the Biowin process modeling effort of an OCSD activated sludge treatment system. Process models were created to evaluate three treatment scenarios: mixed liquor return, simultaneous nitrification -denitrification, and creation of a third anoxic zone. The model outputs were used in a lifecycle model to determine the payback period of each project Dr. Guillen contributed to the Technical Memorandum In which a capital project was recommended based on energy use and project lifecycle cost. Produced Water Treatment Feasibility Study, Central Valley, California. Dr. Guillen led the development of a conceptual treatment system for the purification of produced water to irrigation water quality standards. Appropriate unit processes were selected and sized to treat 18 mgd of oily wastewater. Dr. Guillen created a cost model considering capital, O&M, and construction costs to help the client determine the potential cost of treating such challenging water. A conceptual treatment plant site layout was produced to assist the client in finding partnering producers. Dr. Guillen provided technical assistance to the client at meetings with water purveyors and regulators in the Central Valley. DUDEK Page 2 of 2 25E-55 Collin Ramsey, LEED GA CEQA & Resource Agency Permitting Collin Ramsey is a project manager with 8 years' professional experience in environmental planning. Mr. Ramsey is responsible for preparing numerous California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents, permit packages, and proposals for a variety of projects, including development, resource management, and energy. He has extensive experience interacting with clients, agencies, and the public; supervising staff; and overseeing all aspects of project management, including financial and policy -related components. Project Experience EDUCATION California State University, Fullerton MS, Environmental Studies, Policy and Planning Emphasis, 2010 University of California, Santa Barbara BA, Film Studies, 2005 CERTIFICATIONS LEED Green Associate (GA), 2011 Mira Loma Recharge Basin EIR, Orange County Water District, City of Anaheim, California. Worked alongside the Orange County Water District (OCWD) to prepare an EIR for a new groundwater recharge basin located on Miraloma Avenue in Anaheim, between Kraemer Boulevard and Miller Street. The new basin will allow OCWD to percolate up to an additional 6,000 acre-feet of water, which is enough for nearly 50,000 people. Dedicated in October 2012, the basin took about 10 months to construct. The 13 -acre site was purchased by OCWD and transformed into a recharge facility that is approximately 10 feet deep. It is currently devoted to water from the Groundwater Replenishment System (GWRS), the world's largest advanced wastewater purification system for indirect potable reuse, located in Fountain Valley. Although only recently put into service, the basin is yielding the highest measured percolation rates among OCWD's 21 basins due to favorable geology and ultra -pure GWRS water. Beaumont Avenue Recharge Facility and Pipeline EIR, San Gorgonio Pass Water Agency, California. Prepared the EIR and associated environmental compliance documents for a groundwater recharge facility in the City of Fontana and the unincorporated community of Cherry Valley. The recharge facility consisted of both a series of five tiered basins in Beaumont that would allow the San Gorgonio Pass Water Agency to accept surplus State Water Project water during wet periods of the year and a 24 -inch pipeline that would extended approximately 1.5 mile from the facility to a State Water Project service connection in Cherry Valley. Since the water utility served as lead agency for the project and since the project traversed two jurisdictions, multi -agency coordination was required throughout the environmental compliance process to ensure project success. The project was approved by the San Gorgonio Pass Water Agency's Board of Directors in fall 2013. San Lorenzo Community Park Master Plan MND, Hayward Area Recreation and Park District, City of San Lorenzo, California. Served as project manager for the San Lorenzo Community Park Master Plan MND. The Master Plan was prepared by the Hayward Area Recreation and Park District (HARD) to enhance and expand the passive and active recreational elements within the park. In doing so, HARD intends to enhance the overall identity and character of the park by creating a central core, improve and increase pedestrian circulation, offer higher -quality gathering spaces, and better serve the community in general. The Master Plan includes a variety of new, improved, and expanded recreational components, including a neighborhood park, community green, playgrounds, synthetic and natural turf softball and soccer fields, active play area, dog park, and relocated 1.2 -acre lined pond. DUDEK Page 25E-56 COLLIN RAMSEY— CONTINUED Fairmont Terrace Community Park Master Plan MND, Hayward Area Recreation and Park District, Castro Valley, California. Working with HARD, Mr, Ramsey prepared the MND for the Fairmont Terrace Community Park Master Plan MND. According to the Master Plan, HARD intends to both revitalize and expand the existing Fairmont Terrace Park to include a variety of new and improved recreational amenities within the expanded project site. Under existing conditions, the 1.67 -acre park currently includes a full -court basketball court, picnic tables, park benches, a perimeter pathway, and green space. The project consists of the expansion of the existing 1.67 -acre park to approximately 4.95 acres, which will allow HARD to offer a broader range of both passive and active recreational amenities, improve pedestrian circulation, offer higher -quality family gathering areas, and generally transform the park into a more welcoming and pleasing setting for all age groups. San Mateo Central Park Master Plan Environmental Constraints Analysis, City of San Mateo, California. Prepared the Environmental Constraints Analysis for the San Mateo Central Park Master Plan project. The constraints study served as a preliminary planning tool for the design team, guiding them during the early stages of the park planning process and helping them to create three conceptual park layouts while reducing potential effects to environmental resources. The project would incorporate specific design objectives from a previously prepared strategic plan into the crafting of the Master Plan update, which will explore the re -use and re -configuration of existing park facilities. A number of current amenities are to remain in place, including the Japanese Garden, the rose garden, the Great Lawn, and the historic pumphouse. Sapwi Trails Community Park Master Plan MND, Conejo Recreation and Park District, City of Thousand Oaks, California. Teaming with RRM Design Group, Mr, Ramsey managed the preparation of an MND for Sapwi Trails Community Park Master Plan project, a 145 -acre community park in the middle of the City of Thousand Oaks. The project included phased development on approximately 17 acres of the larger project site, consisting of various recreational amenities and special facilities that would support a number of passive and semi -passive recreational activities such as hiking, biking, disc golf, and non - motorized model glider Flying. Upon completion, the project will be comprised of open space, Interconnecting multi -use trails, and several distinctive activity areas containing several recreational amenities, as well as ancillary facilities such as parking lots and restrooms. Stanton Central Park MND, City of Stanton, California. Prepared the MND for the Stanton Central Park project for the City of Stanton. The proposed project involves the construction of an approximately 11.5 -acre multipurpose community sports park. The proposed project would include a community and restroom/maintenance buildings, youth softball and soccer fields, tennis and basketball courts, playgrounds and splash pad areas, picnic and event spaces, a bandstand, and a loop trail. Salt Creek Parkway Trail MND and EA, County of Riverside, California. Managed the preparation of the draft MND and EA for the Salt Creek Parkway Trail project. The project involves construction and operation of approximately 15 miles of multimodal urban trail along the Salt Creek Flood Control Channel between the Cities of Hemet and Menifee. The project is a multi -agency effort, involving Riverside County Regional Park and Open Space District Riverside County Transportation Commission, and Caltrans. r... — a. .x.. ..— —.i.. , .a _'— _.. ax .. t:�.,.� o- •. va.NR ..k, a.rtY'.i...rt �. ra' r+.a.., a '. iI — 25E-57 Stuart Fraser, RLA Duck/Bird Sanctuary Habitat Design Stuart Fraser is a registered landscape architect and restoration ecologist with more than 15 years' experience working on a variety of public and private sector projects. He specializes in design and implementation for ecosystem restoration and native revegetation, including jurisdictional wetland and sensitive upland habitats, water quality improvements, long- term erosion control, as well as recreation and public access planning for park facilities and trails. EDUCATION California University Pomona MLA, Landscape Architecture, 2001 Humboldt State University BS, Wildlife Management, 1991 CERTIFICATIONS RLA, CA No. 5301, issued 2007 40 -Hour Wetland Delineation Training, Wetland Training Institute, 2017 Mr. Fraser has designed and monitored a diversity of CRAM Trained Practitioner In Riverine, restoration projects for establishment and enhancement of Vernal Pool, and Estuarine Wetlands, 2014 wetlands and upland habitats. In addition to design for USFWSApproved Monitorfor Ridgeways restoration, Mr. Fraser also has conducted recreation design Rail, 2016 planning, including evaluation of existing open space for use FAA CFR 14 Part 107 Remote Pilot and developing design guidelines for non -motorized public Certification (sUAS) 2016 access. He has served as project manager for the implementation of public and private sector projects, which require construction administration and monitoring for both permit and contract compliance. Mr. Fraser's habitat restoration expertise includes; feasibility assessment, conceptual design, design development, and construction document generation, as well as installation and post -construction term monitoring of restoration projects, and environmental compliance for construction projects. He has specialized technical skills for the application of portable GPS, unmanned aerial systems equipment and computer-aided drafting and design software in the preparation of biological inventories, site analysis mapping, the generation of conceptual design graphics, and development of irrigation and planting construction drawings. Project Experience Buck Gully Water Quality Wetlands Project, City of Newport Beach, Orange County, California. Prepared final revegetation and construction documents for a wetlands improvement project in Buck Gully located in Corona Del Mar. Work included erosion control stabilization of highly eroded creek banks, modifications to a storm drain outlet facility to daylight storm flows, improvements to creek road crossing, creation of a secondary creek flood flow water quality treatment wetland area and revegetation of all areas with native upland and wetland species. Work was undertaken by the City of Newport Beach to implement a grant received by the State Water Quality Control Board. Upper Chiquita Reservoir Emergency Storage Reservoir Project, Santa Margarita Water District, Orange County, California. Project manager responsible for environmental compliance management services, habitat restoration design, biological surveys, and overseeing the work of archaeological and paleontological monitors for the approximately 40 -acre Upper Chiquita Reservoir Project. Conducted a review of the construction package, including the project plans and specifications, to incorporate environmental permit conditions into the contract documents. Managed the development of a conceptual habitat restoration plan for the reservoir site following construction. Prepared plans and specifications for the transplantation of existing native cactus prior to construction and for the revegetation of the site .I UDEK •,,_ V 25E-58 STUART FRASER, RLA —CONTINUED following construction. Construction documents included plans and specifications for soil salvage and placement, cactus salvage and placement, seed application, and erosion control. 45 Ranch Wetland Bio -Filter and Drainage Channel Project, 4S Kelwood/Newland Communities, Rancho Bernardo, San Diego County, California. Prepared final revegetation construction documents, and conducted construction and restoration monitoring for a mitigation program to restore an inadvertently disturbedfimpacted channel within the 2,891 -acre 4S Ranch development located in the County of San Diego near Rancho Bernardo. Work included revegetation of biofiltration strips, and measures for stormwater treatment using vegetated wetlands. Oso Creek Restoration and Protection Project, City of Mission Viejo, California. Conducted design work and assisted the City of Mission Viejo in managing a grant -funded project to reduce runoff in Oso Creek, improve water quality, and increase public awareness of the adverse effects of urban runoff. Tasks included conceptual design and construction documents (grading, planting and irrigation plans, specifications, and engineer's estimate) for the bioswale at the Montanoso Recreation Center, preliminary design and construction documents (demolition and planting plans, specifications, and engineers estimate) for invasive species removal and creek restoration along Jeronimo Creek, as well as serving as the project lead for all inspection, project documentation, and reporting, as required by the project grant. Funding was provided by the American Recovery and Reinvestment Act (ARRA) under an agreement with the State Water Resources Control Board (SWRCB). Robert A. Skinner Water Treatment Plant Oxidation Retrofit Program and Washwater Reclamation Plant No. 3, Metropolitan Water District of Southern California, Riverside County, California. Conducted environmental compliance construction monitoring, habitat restoration monitoring, nesting bird surveys, and coordination with special -status species surveys. As -Needed Biological Services Contract 2000-2005, City of San Diego Metropolitan Wastewater Department, San Diego, California. Served as a biological construction monitor on numerous emergency sewer repair and maintenance projects in sensitive habitat areas located in canyons for the City of San Diego Metropolitan Wastewater Department on the As -Needed Biological Services Contract 2000-2005. Many tasks included emergency sewer repair projects where sewage was flowing into live stream conditions, which required immediate response from Dudek staff. Other tasks included monitoring emergency sewer cleaning activities where temporary equipment access was needed in sensitive habitat canyon areas. Hale Avenue Resource Recovery Facility (HARRF) Flood Control Project and Escondido Creek Enhancement, City of Escondido Engineering Department, Escondido, California. Responsible for long-term biological monitoring and report preparation for over 10 acres of wetland creation and enhancement area along Escondido Creek associated with flood control improvements to the HARRF in Escondido, California. Gavilan Hills — Smith Road Channel and Debris Basin Project, Riverside County Flood Control and Water Conservation District, Riverside County, California. Led the design and preparation of construction documents for over 9 acres of southern willow scrub, mulefat scrub, and Riversidian sage scrub as on-site mitigation for the construction of a channel and debris basin in Riverside County. Plans and specification package included demolition for existing derelict site structures, grading to create a series of wetland catchment basins, a temporary irrigation system, and a comprehensive native planting layout. Currently conducting long-term biological monitoring for the project. DUDEK Page 2 of 2 25E-59 Anita Hayworth, PhD Duck/Bird Sanctuary Habitat Design, Senior Biologist Anita Hayworth is a senior project manager and senior biologist with more than 35 years' professional experience as an ecologist specializing in environmental impact analysis, biology -related California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents, habitat and population surveys, special -status species surveys, and wildlife management studies. Dr. Hayworth is well versed in the ecology and distribution of a number of rare, threatened, or endangered species, has conducted numerous focused surveys of these species, and she understands the requirements for regulatory compliance in dealing with endangered species, including preparation of documents required for Section 7 consultation and Section 10. Dr. Hayworth's areas of expertise include general wildlife surveys; population, breeding, and foraging surveys of wildlife; small mammal studies using trap, mark, and release programs; and behavior and reproductive success studies of birds and mammals. Dr. Hayworth has also conducted intertidal surveys, general habitat surveys, and general observations about hydrology and erosion potential. She has prepared biological assessments of impacts and mitigation programs. Dr. Hayworth excels in preparation of master plans, as well as development of management plans and mitigation measures for impacts construction monitoring statistical analysis, and the development c Project Experience EDUCATION University of California, Davis PhD, Ecology, 1994 MS, Avian Sciences, 1980 University of Illinois BS, Ecology, Ethology, and Evolution, 1977 CERTIFICATIONS California Gnatcatcher, Least Bell's Vireo (Locate and Monitor Nests) Southwestern Willow Flycatcher (Locate and Monitor Nests) Fairy Shrimp (All Listed Species Occurring in California), Quino Checkerspot Butterfly, USFWS 10(a) Permit No. TE78084 Master Permits for Banding and Mist -Netting California Gnatcatchers (TE781084) San Diego County Approved Biologist Riverside County Cedified Biologist PROFESSIONAL AFFILIATIONS The Wildlife Society American Society of Zoologists Phi Beta Kappa and Phi Kappa Phi Additionally, she has experience in f sampling design. Sunset Cliffs Natural Park Master Plan, City of San Diego Park and Recreation Department, City of San Diego, California. Project manager for preparation of a biological technical report for the City of San Diego Park and Recreation Department. The project involves a master plan for the passive recreation, coastal management, and public access and use of the Sunset Cliffs Natural Park. Tasks include project management, focused surveys for the California gnatcatcher, review of vegetation mapping, survey of the intertidal resources, and assembly of existing information and impact analysis into a technical report. Carlsbad Municipal Golf Course, City of Carlsbad, California. Assisted with permitting and coordination with resource agencies. Provided interpretation of impacts and evaluated the suitability of numerous mitigation sites including Perkins, Choumas-Pappas, and others. Conducted a burrowing owl survey for the proposed site. Southern Orange County Subregion NCCP/HCP, County of Orange, California. Conducted California gnatcatcher, least Bell's vireo, and southwestern willow flycatcher surveys for various areas within the DUDEK Page f 25E-60 ANITA HAYWORTH, PHD — CONTINUED Southern Orange County Subregion NCCP/HCP effort, covering an area of 131,000 acres, encompassing five local jurisdictions and a portion of the Cleveland National Forest. City of San Diego MSCP, City of San Diego, California. Prepared the biology section for the MSCP EIR/EIS for the City of San Diego. EI Cuervo Wetland Mitigation Project (Off -Site Mitigation for Sorrento Creek Flood Control Project), City of San Diego, Transportation and Drainage Design Division, City of San Diego, California. Evaluated the potential for this site to serve as mitigation for the Sorrento Creek Flood Control Project. The mitigation area resulted in over 12 acres of coastal riparian and wetland habitat enhancement and revegetation within the west end of Los Pdr asquitos Canyon Preserve, San Diego. Also conducted surveys for endangered species including least Bell's vireo and southwestern willow Flycatcher before and after construction of the wetland enhancement and revegetation project. Hale Avenue Resource Recovery Facility (HARRF) Flood Control Project and Escondido Creek Enhancement, Engineering Department, City of Escondido, California. Served as project manager for this flood control project Prepared biological technical report including issues such as vegetation mapping, least Bell's vireo, and wetlands delineation. Coordinated with U.S, Army Corps of Engineers, Regional Water Quality Control Board, and CDFG, as well as the public, neighbors of the project, and the Escondido Creek Conservancy. Assisted with monitoring and nest surveys prior to and during project construction. The proposed project consists of raising the existing levees and widening the existing stream channel, resulting in impacts to 4.49 acres (approximately 2,500 linear feet) of wetlands. Key issues for this project included community outreach, aesthetics (Dudek prepared visual simulations of the creek), noise, and traffic. Sorrento Creek Flood Control Project, Transportation and Drainage Design Division, City of San Diego, California. Served as project manager for this flood control project which was developed to protect businesses within an area that had frequently flooded and had sustained millions of dollars of damage in the past. Prepared a biological technical report including a variety of focused surveys and vegetation map. Also coordinated with the resource agencies to obtain an emergency 404 permit and assist with the Section 7 consultation. Prepared an alternatives analysis and evaluation of mitigation locations for the project. As -Needed Biological Services, San Diego County Water Authority, San Diego County, California. Served as project manager for this 5 -year contract. Tasks required of the as -needed biologist included California gnatcatcher surveys for various pipelines within the North County area including Pipeline 4, California gnatcatcher monitoring, streambed alteration agreement amendment for a pipeline crossing, and permit application preparation for a proposed road crossing of several waters of the United States. As -Needed Biological Services Contracts, City Engineering and Capital Projects Department and Water Utilities Department, City of San Diego, California. Completed environmental impact studies for several sewer and storm drain projects under the City of San Diego as -needed contract. Responsibilities included focused surveys and habitat assessments for endangered, threatened, or sensitive animal species; focused nesting bird surveys; vegetation mapping; constraints analysis; and evaluation of potential mitigation sites. Prepared several biological letter reports and processed documentation for CEQA compliance. Personally managed approximately 4 of the BO projects. DU Page 2 of 2 25E-61 Craig Seltenrich Fisheries Estabishment & Mgt. Craig Seltenrich is a senior ecologist with more than 37 years' experience with marine and freshwater ecology, fisheries biology, amphibian ecology, benthic macroinvertebrates (BMIs) and freshwater algae, and aquatic toxicology. He manages, designs, and conducts a variety of aquatic studies and assessments in marine and estuarine environments, and in freshwater lentic and lotic habitats. Mr. Seltenrich specializes in amphibian ecology, and has designed and conducted numerous studies evaluating potential impacts on special -status amphibians and aquatic reptiles in the western Sierra Nevada Mountains, Central Valley, and coastal regions and valleys of central and Northern California. His species expertise includes Yosemite toad (Anaxyrus canorus), Sierra Nevada and foothill yellow -legged frog (Rana sierrae, R. boylir), California tiger salamander (Ambystoma cakforniense), California red -legged frog (R. draytonir), western spadefoot (Spea hammondir), and western pond turtle (Actinemys marmorato). Project Experience Aliso Creek Steelhead Rainbow Trout Surveys, ECORP, Orange County, California (2012). ECORP contracted with Dudek to conduct an assessment of a 3.6 -mile reach of Aliso Creek within the EDUCATION Humboldt State University MS, Marine Ecology,1979 BS, Natural Resource Sciences, 1977 CERTIFICATIONS CertifiJed Fisheries Scientist Certified Advanced SCUBA Diver CDFW, Scientific Collecting Permit, No. SC -004002 USFWS Federal 10(a) Survey Permit, No. TE -012973-7 • California tiger salamander . California red -legged frog PROFESSIONAL AFFILIATIONS American Fisheries Society American Institute of Fishery Research Biologists CalifomlalNevada Amphibian Populations Task Force Salmonid Restoration Federation Society for the Study of Amphibians and Reptiles approximately 387 -acre study area for the Coastal Treatment Plant Export Sludge Force Main Project located on the grounds of the Aliso and Wood Canyons Wilderness Park in Orange County, California. The surveys were conducted to (1) assess presence/absence of steelhead rainbow trout, (2) assess fish passage to identify potential barriers to upstream or downstream movement, (3) evaluate spawning habitat (substrates), and (4) collect standard water quality data. Mr. Seltenrich was the project and field manager, as well as lead author on the resulting report. Aquatic Habitat Monitoring Surveys on the San Diego River and Santa Ysabel and San Vicente Creeks, City of San Diego, California (2012). Spring and fall aquatic habitat monitoring surveys were conducted at two impacted sites on the San Diego River downstream of EI Capitan Dam and at two control sites located on Santa Ysabel and San Vicente creeks. A modified CRAM and Surface Water Ambient Monitoring Program (SWAMP) aquatic bioassessment was used at each location. Water quality, physical habitat characterization, benthic macroinvertebrate sampling, and water samples were collected at each of the sites during the spring surveys. Physical habitat monitoring was only conducted during the fall surveys. Mr. Seltenrich provided technical advice for the project and prepared the majority of the 3 -year monitoring report. Instream Flow and Sediment Studies on the Bear River and Deer Creek, Nevada Irrigation District, Placer County, California (2012). The Nevada Irrigation District is in the process of licensing 10 water right permits, and as a result, instream flow and sediment studies were required for both the Bear River and Deer Creek. Mr. Seltenrich was responsible for conducting and evaluating benthic macroinvertebrate surveys, DUDEK Pagel of 2 25E-62 CRAIG SELTENRICH — CONTINUED stream habitat typing, and fisheries surveys. These studies were intended to develop information necessary to reach consensus with the resource agencies and negotiating parties on flow conditions and/or other actions necessary to provide reasonable protection for aquatic resources and resolve a water rights protest to the satisfaction of the SWRCB. Santa Ynez River Water Rights Hearing Support, City of Santa Barbara, California (2009). Mr. Seltenrich worked with colleague Tom Keegan to prepare expert witness testimony for the hearings. He and Mr. Keegan analyzed available steelhead and flow/habitat and temperature data for the Santa Ynez River in support of SWRCB water rights mandate and hearings for the Santa Ynez River. Existing data was used to determine if flows were suitable at key locations for adult andjuvenile migration, evaluate habitat availability and quality for spawning and for larval andjuvenile rearing habitat, under various flow release schedules. Tidewater Goby and Benthic Macroinvertebrate Monitoring, Goleta Slough Marsh Restoration Project, County Santa Barbara, California (2008-2010). Mr. Seltenrich provided technical advice and assistance with the design and implementation of tidewater goby and BMI surveys for the Goleta Slough Marsh Restoration Project. Samples were collected quarterly over three years of monitoring to evaluate beneficial effects of marsh restoration on the aquatic community and specifically the federally -listed tidewater goby. Mr. Seltenrich also prepared a large portion of the report and provided senior review. Mallard Reservoir Water Quality, Sediment, and Biological Sampling and Beneficial Use Attainment Study, Contra Costa Water District, California (2007-2008). Mr. Seltenrich assisted in designing and conducting otter trawls, Tyke net surveys, a beach seine program, and benthic macroinvertebrate investigations (Eckman grab sampler) during 2004 and 2005 to assess effects of water treatment operations (under NPDES) on aquatic organisms occurring within the reservoir. Benthic macroinver ebrate samples were analyzed in accordance with the California Stream Bioassessment Procedure protocols, level II. He also prepared a large portion of the final reports for each year's survey results. The results were reviewed by the CDFW and the San Francisco RWCCB. Norris Canyon Estates San Catanio Creek Tributary Stabilization Project, Toll Brothers Inc., Contra Costa County, California (2009). Mr. Seltenrich provided technical oversight for the project and provided input regarding the evaluation of habitat characteristics and overall suitability of the site and adjacent habitats for California red -legged frog. He also assisted in the review of occurrence data and the preparation and final review of the California red -legged frog habitat assessment report. Weber Creek Reservoir Sediment Release and Creek Restoration Project, EI Dorado Irrigation District, California (2003-2005). Mr. Seltenrich provided technical advice and senior review of multi-year BMI surveys conducted in several reaches of Weber Creek below the dam and in a control reach following the California Stream Bioassessment Procedures. Monitoring was conducted to assess the recovery of the stream to pre -spill conditions. Mr. Seltenrich also assisted in reviewing the results of annual BMI sampling efforts, including community metrics analyses, and participated in the preparation and final review of both the annual reports and the final multi-year report, which evaluated the overall recovery of BMI communities within the affected reaches. 25E-63 Todd Anderson Kiosk and Educational Signage/Senior Graphics Designer Todd Anderson is a senior graphics designer with over 15 years' experience and is currently lead art director at Dudek. Mr. Anderson specializes in helping businesses and government agencies develop distinct and powerful ways to provide information to their customers and constituents, including diagrams for work -flow processes to organization charts, designing maps and icons, and conceptualizing advertising promotions that define a brand and effectively deliver its message. During this time, Mr. Anderson has had the opportunity to wear many hats, working as an art director, designer, information architect, photographer, and copywriter. His experience collaborating with clients and EDUCATION University of California, San Diego BA, Urban Planning and Design, 1993 CERTIFICATIONS University of California, San Diego, Extension Professional Certificate, Graphics and Digital Design, 2001 PROFESSIONAL AFFILIATIONS American Institute of Graphic Arts team members to develop innovative solutions to information design challenges makes Mr. Anderson uniquely qualified for managing public outreach objectives and outcomes. Project Experience South Sacramento Habitat Conservation Plan and Aquatic Resources Plan, Sacramento County, California. Provided online project portal customization and graphics support for the project. Dudek is assisting the Plan Partners (Sacramento County, City of Elk Grove, City of Galt, City of Rancho Cordova, Sacramento County Water Agency, Sacramento Regional Sanitation District, Sacramento Area Sewer District, and Capital Southeast Connector Joint Powers Authority) in finalizing the South Sacramento Habitat Conservation Plan (SSHCP) and Aquatic Resources Plan (ARP). The SSHCP provides a regional approach to balancing development with conservation and protection of habitat, open space, and agricultural lands within a 374,000 -acre study area. The SSHCP protects 30 species of plants and wildlife, including 10 that are listed as threatened or endangered under the federal Endangered Species Act, California Endangered Species Act, or both. The SSHCP also protects vernal pool, wetland, and stream habitats that are subject to Sections 401 and 404 of the federal Clean Water Act, California's Porter -Cologne Water Quality Control Act, and California Fish and Game Code, Section 1600 et seq. Under the ARP, the Plan Partners are seeking master wetlands permits, a master streambed alteration agreement, and/or waste discharge requirement. Dudek geographic information systems (GIS) staff are providing data management, geodatabase design, data creation, analysis, and on-site working sessions for this large land use plan component. Carlsbad Seawater Desalination Plant Project, City of Carlsbad, San Diego County, California, Assisted with various maps, graphics, and presentations for this project. The project required an EIR for the proposed Carlsbad Seawater Desalination Plant, which is planned for an approximately 50 -million -gallon - per -day capacity and co located with the Encina Power Station. The California Coastal Commission required extensive analysis of seawater intake effects, discharge effects (elevated salinity) potential for growth inducement, and energy consumption/greenhouse gas emissions. The project involved demolition of existing facilities at the power plant site, including fuel oil storage tanks, and appurtenant structures. Having been the first large scale seawater desalination project considered for approval by the California Coastal Commission, the project was subject to scrutiny and a rigorous analysis of potential effects. DUDEK 25E-64 Page 1 of 2 TODD ANDERSON — CONTINUED Newhall Ranch Resource Management and Development Plan, Newhall Land and Farming Inc., Los Angeles and Ventura Counties, California. Provided online project portal customization and graphics support. Dudek has worked with Newhall Land and Farming Company since 2002, conducting biological resources surveys on more than 17,000 acres and preparing a variety of inventories, impact analyses, and mitigation plans. Most recently, Dudek has prepared the Newhall Ranch Resource Management and Development Plan (RMDP) and Spineflower Conservation Plan (SCP), as well as the Biological Resources section of the Environmental Impact Statement/Environmental Impact Report (EIS/EIR), which analyzes the impacts of the RMDP and SCP with respect to numerous special -status species. The RMDP represents the culmination of many years of resources studies and evaluation for the 13,650 -acre site in northern Los Angeles County. Yokohl Ranch Development Project, Yokohl Ranch LLP, County of Tulare, California. Assisted with photography related to cultural artifacts. Yokohl Ranch LLP contracted with Dudek to provide as -needed environmental services for the 36,000 -acre Yokohl Ranch development project in Tulare County, California. Specifically, the initial work consisted of biological services associated with California condor (Gymnogyps cali/ornianus) and bald and golden eagle (Haliaeetus leucocephalus and Aquila chrysaetos) issues on Yokohl Ranch. After initial compilation and review of existing data, Dudek biologists conducted site visits to evaluate overall habitat suitability in relation to Phases 1 through 3 of the proposed project. Particular attention was given to designated critical condor habitat areas and to golden eagle nesting and foraging areas within the project site. Desert Renewable Energy Conservation Plan (DRECP), California Energy Commission, Southern California. Provided graphics support for project schedule visualization, as well as online project portal customization. The California Energy Commission and the California Natural Resources Agency (California Department of Fish and Wildlife) selected Dudek to prepare the Habitat Conservation Plan/Natural Community Conservation Plan for the DRECP. The DRECP was established by Governor Schwarzenegger's Executive Order S-14-08, which identifies targets for increasing California's renewable energy portfolio. When completed, the DRECP is expected to further these objectives and accelerate the processing of renewable projects in the California desert (Mojave and Colorado Deserts), encompassing parts of six counties. Relevant Previous Experience • Over 10 years' experience working effectively with clients and project team members during all phases of the concept, design, and production process for print, online, and environmental design projects • Art direction and design oversight including concept development, production of artwork, layout comps and colonvays, and selecting and managing production vendors • Experienced in creating PowerPoint presentations, large format signage and advertising, online media, point of purchase displays, tradeshow exhibits, and environmental graphics such as directional signage • Planned and designed information architecture and look -and -feel comps for corporate web sites, including integration of database information, creation of dynamic content, and client -side content management systems • Developed award-winning designs for corporate brand identities, collateral marketing materials, and comprehensive advertising campaigns • Skilled in advertising design, N commercial storyboard development, and copywriting for TV and radio scripts DUDEK 25E-65 Page 2 of 2 MORASS I PHAM & ASSOGIATes NS%WwOAft%.,,CONSULTING ELECTRICAL ENGINEERS 2131 Palomar Airport Road • Suite 120 • Carlsbad • CA 92011 • Fax (760) 431-7179 Tel. (760) 431-7177 Scott Nelson, P.E. Electrical Engineer Mr. Nelson is a California registered electrical engineer specialized in the design of electrical and controls systems for water and wastewater facilities such as reservoirs, pumping stations, sanitary lift stations, PRS stations, wells, and treatment plants. In the past five years he has designed many such projects for 15 southern California municipal end users. With this wealth of experience and continuous design activity, Mr. Nelson maintains proficiency in the state of the art solutions to complex designs involving generators, variable frequency drives, PLC's, and SCADA systems. Municipal experience includes: Alameda Corridor — East Construction Authority • Fullerton Rd. Grade Separation Pump Station (2015) • Durfee Av. Grade Separation Pump Station (2016) City of Anaheim • Anaheim South Reclaimed Water Pump Station (2017) City of Calexico • 211d Street Sewer Lift Station (2017) City of Carlsbad • Foxes Landing Lift Station (2016) City of Chula Vista • Heritage Road Pressure Reducing Station (2018) City of Poway • Liguoui Ranch Estates Reservoir (2018) City of Santa Ana • Walnut Pump Station (2016) City of San Diego • Catalina Stand Pipe (2014) • Mid -City Pipeline Phase 2A (2017) • La Jolla View Reservoir (2015) • Soledad Av. Pressure Reducing Station (2016) • La Jolla View Reservoir (2016) • 30d' Street and Thorn Pressure Reducing Station (2017) • Group 1020 Pressure Reducing Station (2017) • Foothill Blvd. Pressure Reducing Station (2017) 25E-66 • Otay 2nd Pipeline Phase 2 Flow Meter Manhole (2018) • Carmel Mountain Road Pressure Reducing Station (2018) • Handler Commercial Private Sewer Lift Station (2018) Eastern Municipal Water District • Fox Street 1 MG Reservoir (2017) • Post Road Pump Station (2017) Elsinore Valley Municipal Water District • Terracina Sewage Lift Station (2015) Irvine Ranch Water District • Syphon Reservoir (2012) • Orange Park Acres Well 1 (2014) • Michelson Lift Station (2014) • Zone 1 and 3 Flow Meter (2015) Los Angeles County Department of Public Works • Santa Anita Debris Dam (2016) NRG Energy • NRG VFD Upgrades (2012) Olivenhain Municipal Water District • Village Park Recycled Water Project (2015) Otay Water District • Heritage Road Pressure Reducing Station (2018) San Elijo Joint Power Authority • Recycled Water Pump Station (2018) Santa Fe Irrigation Water District • Group 2 (J-1102) PRS and Valves (2014) • Group 3 (J-1501 and J1502) PRS and Valves (2015) Temescal Valley Water District • Terramor Regional Sewer Lift Station (2016) • Terramor 1509 Zone and 1484 Zone Recycled Water Reservoirs Water Replenishment District of Southern California • Maywood Avenue Well (2017) 25E-67 800.450.1818 1 DUDEK.COM I INFO@DUDEK.COM SOUTHERN CALIFORNIA Encinitas (Main) La Quinta Pasadena Riverside San Juan Capistrano CENTRAL COAST Santa Barbara Santa Cruz NORTHERN CALIFORNIA Auburn Larkspur Oakland Sacramento HAWAII Honolulu OREGON Portland HABITAT RESTORATION SCIENCES A Dudek Subsidiary 25E-68 EXHIBIT B DUDEK 27571 CALLE ARROYO SAN JUAN CAPISTRANO. CALIFORNIA 92675 T949439.2525 F 949.450.2626 June 4, 2018 Ms. Sulci Furjanic City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Subject: Fee Proposal for Centennial Lake Renovation, RFP No. 18-037 Dear Ms. Suzl Fuganlc Enclosed Is our Fee Proposal to accompany our proposal for the above -referenced project. The fee proposal includes an hourly rate for each classification of firm personnel and a not to exceed amount for each task. We are available to discuss this proposal and any changes In scope, approach, and commensurate fee that City requires. Mr. Bob Ohlund, Vice President, has the authority to bind the firm and will serve as project manager for this project. Please feel free to calf him at 949.632.1767 or email him at bohlund@dudek.com or Jonis Smith at 949.212.0916 or jsmith@dudek.com if you have questions regarding our proposaL We look forward to discussing our proposal with you. Sincerely, Bob-Ohlund, PE Vice President Jo'I mith, PE, CFM Sen. or Project Manager VNMI)LIDEK.COM 25E-69 25E-70 DUDEK 2018 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES ProjectDirector..................................................................... Principal Enginearlll............................................................. PrincipalEngineer II .................. ,................. ........................ PrincipalEngineer I.............................................................. PramManager................................................................ SolerP%eclManager_...................................................... OOiechnidan III ......................................... llRechnlolan 11 ........................................... Vrechnician1 ............................................. ENVIRONMENTAL SERVICES COASTAL PLANNING/POLICY SERVICES Senior Protect Manager/Coastal Planner II ........................... $220.001hr Senior Project Manager/Coastal Planners............................$210.00/hr $145.00/hr Environmental Specialist/Coastal Planner VI........................$200.001hr $105,00/hr Environmental Speclelist/Coastal Planner V ......................... $180A01hr Environmental Specialist/Coastal Planner IV ........................ $170.00/hr Environmental Speclallatf0oastal Planner 111 ........................ $100.o0/hr Environmental SpaolallsUCcastal Planner II.........................$150.001hr $240.00/hr Environmental SpeclalloYCoastal Planner I..........................$140.00/hr S225.00/hr CULTURAL AND PALEONTOLOGICAL SERVICES ..... . ........................ . Historian II ................ �mclan I ................................................... $55,00n r Technician II ............................................ $711.00/hr Technician I ......... .........................._........ $55:00fir CONSTRUCTION MANAGEMENT SERVICES PdneipalfManager.............................................. Senior Construction Manager ............................ On-slte Owner's DUDEK COMPLIANCE SERVICES ComplianceDirector............................................................ $205.001hr Compliance Manager........................................................... $145.00/hr Compliance Project Coordinator .......................................... $105,00/hr Compliance Moriltor.............................................................. $95.00/hr HYOROGEOLOGICAL SERVICES S Principal............................................................................... S280.00/hr Principal HydrogeologistlEnglneer........................................ $240.00/hr Sr. Hydroge01o91at IVIEnghoer IV ....................................... S225.00/hr Sr. Hydrogeologlot IIg€nginear III ............. :....... :......... ..... .... $210.00mr Sr. Hydrogeologlift IIIEnginser II ........................................... $105.Dglhr Sr. Hydrogeologlat Millner I ............................................. $180.0011tr Hydrogeolc81st V11Englneer VI ............................................ $100.0oft Hydrogeologist WEnglneer V ............................................... $150.00Rv Hydrogeologlet NrSnginear IV ............................................. $140.00thr Hydrogeologlst III/Engineer III .............................................. $130.0oft Hydrogeologiat IVEnglneer It ................................................ $120.00/hr DISTRICT MANAGEMENT & OPERATIONS 5415.0whr DistrictGeneral Manager.....................................................1 $105.00/hr District Engineer..... ............................................................ .. E OperationsManager.........................:.................................I $05.00/hr Distect SecretaryAccolmlanl............................................. S Collections System Manager ................................................ S Grade V Operator...................:............................................9 GradeIV Operator ...: .................... ...............:............... .. ..... ... GradeIII operator...:.......:........................I............................. GradeII Operator................................................................... GradeI Operator...................... ....... ......... .............................. OperatorIn Training............................................................... Collection Maintenance Worker II ........................................... Collection Maintenance Worker l ............................................ OFFICE SERVICES Techn]callDraRing/CADD Services 3DGraphic Artist.................................................... _............ $ SeNorDesigner .......... .................................... r— ...... a.......... $ Designer................................ ....................... I...................... A591stam Designer ....... 1 ........... 1 ........................................... $ . .. GIS Programmer ................................................................3 SUPPORT SERVICES Technloel Editor ill .................. :................................. :...... :.... $145.0mr Technical Editor il................................. ................................ S120.0011fr TechnicalEditor 4:.............................................................:.. 5415.0whr Publications Spediallst Is ...................................................... $105.00/hr Publications Specialist IL........................................................'$95.0(Yhr Publications Specialist 1 ............................:............................. $05.00/hr Clerical Administration II ...:..::................................................. $90:e01hr Clerical Adminlstrallon I...........................I............................. lino /11r Fororwlo Edaldeadea —Cdun sppeerencea dounifiene, and Inte rVatades at aPml wlNaea A be b1led it 2.00 dines Towns fates. Emeryenay and Holidays - Minimum shared al two houre WII to bided w 1.76 rima me as mol rale. Natarld and 01bido StrAfta - Subcantlabiore, molal o1 special amiM sK spar7el bpfadI and bIwOnAtsy, outside data pmuasiha and confuter 811 enc, are cturdad at 1.15 bnme aw dirad ori Tani Expense - Mileage at gnrrem Ins stench, miss. Pat diem w win miri6td stay is finbnsf"1, phaspedat oat uponan Labeaaraea As s am dremwa beotlodd Chord 30domonthly aidmag dadue finan the data of and paraNe Clientra�ea b PAn. ya monthly hasachdryelequal ba1%Perris m, of YM Mgmting t4ansa bdu pad nn MI. Annual IMMM-UrimldooaedsMWW.. lose sternal ratasxlh momew 316 armunty. 25E-71 Effective JantsI 2010 25E-72 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: APPROVE AGREEMENT WITH TETRA TECH FOR LINCOLN AVENUE PEDESTRIAN PATHWAY DESIGN CONSULTING SERVICES (PROJECT NO. 17-6802) (STRATEGIC PLAN NOS. 6, 1B; 1C; 1G) CE MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Tetra Tech for a three-year term beginning September 18, 2018, and expiring on September 17, 2021, with two one-year renewal options exercisable by the City Manager and the City Attorney, to provide design consulting services for the Lincoln Avenue Pedestrian Pathway Connectivity project, in the total amount not to exceed $149,786, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION In May 2015 an application was submitted for Active Transportation Program (ATP) funds for the Lincoln Avenue Pedestrian Pathway Connectivity Project to restore the pedestrian and bicyclist access to the east side of the railroad tracks in the vicinity of Fairhaven Avenue that was lost when the at -grade crossing at Fairview was closed. The City of Santa Ana successfully received ATP state grant funds in December 2017 for the design and construction of the project. The pathway will begin at Park lane and Lincoln Avenue, continue to the north on the west side of the railroad tracks, and end at the existing east -west Santiago trail under the railroad bridge (Exhibit 1). It will provide active transportation continuity to the Santiago trail and allow access to the existing connecting trail on the east side of the railroad tracks to the south to Fairhaven Avenue. In addition to the pathway restoration, the project will also enhance the aesthetics in the area and include landscaping, fencing, and retaining walls. On May 7, 2018, a Request for Proposal (RFP) was posted on both the City's website and on the web -based eProcurement portal, PlanetBids. Subsequently, eight proposals were received and opened on May 31, 2018. All of the proposers were deemed to be well qualified by a review committee comprised of Public Works Agency staff. The table shown below lists the proposals together with their rankings: 25F-1 Award Contract to Tetra Tech for Lincoln Pedestrian Pathway Project September 18, 2018 Page 2 Rank Firm(s) Name Score 1 RRM Design Group 92 2 Tetra Tech 89.5 3 Stantec 88 4 Alta Planning and Design 79.3 5 Huitt-Zollars 72 6 Langan 67.8 7 KPFF 69.5 8 KOA 86.5 After establishing the ranking, cost negotiations began with RRM Design Group, the most qualified firm. The RRM Design Group fee as submitted exceeded the grant budget. Following negotiations, the fee remained in excess of available funding. Thus, negotiations with RRM Design Group were concluded and staff began negotiations with second -ranked consultant, Tetra -Tech. Staff and Tetra -Tech reached a negotiated agreement on the fee that is within the ATP grant project budget. Based upon the ranking, subsequent negotiations, and available project budget, staff recommends the award of contract for RFP No. 18-042 to the second-highest ranked firm, Tetra Tech, in the amount of $149,786 (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); Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard); and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds have been budgeted and are available for expenditure in the Traffic System Management Grant — Active Transportation Program Account (No. 148-17-613-66220) for a total amount not to exceed $149,786. Funds will be spent according to the estimated spending plan below. Any 25F-2 Award Contract to Tetra Tech for Lincoln Pedestrian Pathway Project September 18, 2018 Page 3 unspent, encumbered balance will be carried forward into subsequent fiscal years as needed to fulfill the agreement. Contract Period Fiscal Year Amount FY 2018/19 (September— June) $8,321 FY 2019/20 (July — June) $49,929 FY 2020/21 (July —June) $49,929 FY 2021/22 (July — September) $41,607 TOTAL: $149,786 e:[-w7 r-, Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FS/EWG/JG Exhibits: 1. Location Map 2. Consultant Agreement APPROVED AS TO FUNDS & ACCOUNTS: 4)�� Sergio Vidal Assistant Executive Director Finance and Management Services Agency 25F-3 25F-4 SPNT\PGO \� NOT` SCALE SEE LC=TM MAP EXHIBIT 1 SAGRsEK EXISTING PATHWAY SCRRA RAILROAD DETAIL A ------- PRPATHWAY SANTA ANA PROJECT :E.STM2 PWA LINCOLN AVENUE PEDESRIAN PATHWAY II..1.. .Yl K, 25F-5 PAGE 1 OF 1 25F-6 AGREEMENT TO PROVIDE DESIGN SERVICES FOR LINCOLN AVENUE PEDESTRIAN PATHWAY CONNECTIVITY PROJECT THIS AGREEMENT is made and entered into this 18th day of September, 2018 by and between Tetra -Tech, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On May 7, 2018, the City issued Request for Proposal No. 18-042, by which it sought a consultant to provide professional design services for the Lincoln Avenue Pedestrian Pathway Connectivity Project (from Park Lane to Santiago Creek). B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-042. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work that was included in RFP No. 18-042 and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COP"ENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $149,786. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonablybe expected by City. Exhibit 2 Page I of 8 25F-7 3. TERM This Agreement shall commence on the date first written above and terminate on J September 17, 2021, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to two I -year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. S. INDEPENDENT CONTRATOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 25F-8 INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general Iiability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. Page 3 of 8 25F-9 (iv) Consultant shall supply City with a fitly executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Page 4 of 8 25F-10 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To -City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) Page 5 of 8 25F-11 P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Tetra Tech 17885 Von Karman Avenue, Suite 500 Irvine, CA 92614-6213 Attn: Wayne Richardson, PE, LEED AP A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior 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 6 of 8 25F-12 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the parry waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCREMNATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement, Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Page 7 of S 25F-13 Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: J M. Funk Assistant City Attorney FOR APPROVAL Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONSULTANT Name: Wayne Richardson, PE, LEED AP Title: Project Manager Page 8 of 8 25F-14 Ary 04 ?d U C 1 9Lj.F 01t C1 .q�"`+.'9P�-«+� r..�. stilt "•`�-"�_., _ 1 y $ •i f r. � M � 1 e J' F J " i r tl i R 4 .q�"`+.'9P�-«+� r..�. stilt "•`�-"�_., _ 1 y $ •i f r. � M � 1 e J' OTETRA TECH May 31, 2018 Monica M. Suter City of Santa Ana, Public Works Agency 20 Civic Center Plaza, 3rd Floor, Ross Annex Santa Ana, CA 92702 Reference: RFP No. 18-042, Lincoln Avenue Pedestrian Pathway Connectivity Park Lane to Santiago Creek Design Services Dear Ms. Monica Suter: The City of Santa Ana would benefit from Tetra Tech's capabilities and experience In pedestrian paths and active transportation projects for southern California cities, Tetra Tech has been successfully managing similar contracts with agencies in Southern California and we have prepared a proposal that highlights our technical strengths, our experience In delivering similar projects successfully, and our long-term relationship with the City of Santa Ana. We value the relationship we have built with the City through past and on-going projects. We desire to once again provide the City the same diligent, high quality, and responsive service that you expect and deserve. Our project team Is the "right' team to provide design services for the Lincoln Avenue Pedestrian Pathway Connectivity Project for the following distinct reasons: Unmatched Knowledge of the Project: Our Team discipline leaders and Project Manager are familiar with the local community in and around Lincoln Avenue and the Santiago Park; we have visited the site, reviewed available Project documents, and we have first-hand knowledge and experience with the site opportunities and constraints. Project Manager with Extensive Experience: Our Project Manager, Wayne Richardson, PE, LEED AP has over 25 years of serving local communities on their capital Improvement projects, Including active transportation, trails, parks, and streets projects, His project management experience includes leadership of multi -discipline consultant teams, with the proven ability to execute multiple complex projects on schedule and within budget. Mr. Richardson has a strong knowledge of multi -use transportation projects which focus on enhancing mobility for pedestrians and alternative modes of transportation, environmental policy, public agency standards, and regulatory requirements. Mr. Richardson leads the industry conference on Complete Streets annually in Carson, CA. Extensive Design Experience: Members of our team bring a wide breadth of design knowledge. Within the last 10 years members of our team have been involved in the design of a dozen public agency projects involving pedestrian enhancements, trails, bikeways, or active transportation elements. Our design Team Is efficient and accurate in preparing Precise Grading and Drainage Plans for public bid. Our knowledge depth gives us the ability to identity issues early in the design phase and provide solutions or propose mitigation measures to be incorporated Into the Contract Documents to save the City time and money during construction. 17885 Von Karman Avenue, Suite 500, Irvine, CA 92614-6213 Tel 949.809.5000 Fax 949.809.5010 tetratech.com 25F-16 Monica M. Suter May 31, 2018 In-house Capabilities: We can best serve the City on this Project due to our ability to provide the key disciplines and services in-house, leading to an efficient and well -coordinated set of construction documents. We can self -perform the survey, civil, structural, landscape architecture, lighting, drainage, environmental services, and CADD with top-notch professionals that have built expertise In transportation, trails, parks, street improvement, storm water and site development projects for most of their careers. This brings consistency and the ability to execute with no learning curve. Dedication to the City: Our past 18 -year relationship with the City shows our commitment to providing the City with high quality service. Tetra Tech has designed and completed over 30 projects for the City during our long-term partnership with the City. We have consistently and repeatedly served the City and we strongly believe this is due to our professionalism, quality and responsiveness, building the trust and relationships with City staff, and our understanding of the City's design processes and requirements, That Is why we are dedicating a manager and a design staff that have a personal desire to see the project successfully completed on time and on budget. We look forward to working with you on this project and continuing to provide the City with the level of service and quality they have conte to expect from Tetra Tech. If you should have any additional questions regarding our submission please do not hesitate to contact me by telephone at 9491809-5219 or by email at wayne.richardson@tetratech.com. Sincerely, qr4-__V J*10� Wayne Richardson, PE, LEED AP Project Manager 25F-17 TETRATECH V Section Page No. Cover Letter .....................................x Contract Agreement Statement ...................... 4 Firm and Team Experience .........................4 Understanding of Need ............................ 9 Relevant Project Experience ....................... X Schedule......................................15 References .....................................X Certifications Resumes ..................................... A-1 ---- ---- ----- - - - - -1-1 - - . -- . I TETRATECH 3 25F-18 City of Santa Ana CONTRACT AGREEMENT STATEMENT Tetra Tech agrees to all provisions contained in the agreement attached in Attachment 2". FIRM & TEAM EXPERIENCE Tetra Tech brings to this project an outstanding track record of executing multi -task projects. Staff has been dedicated to this project that have relevant experience with similar projects for local cities, and were selected for their technical backgrounds, experience, and proven ability to meet the performance goals of our clients. Founded in 1966, Tetra Tech is a nationally recognized engineering and resource management firm of more than 16,000 engineers, scientists,, Leveraging our national presence, multi -disciplinary team, and client focused service, we apply lessons learned from our vast experience to each and every challenge. Clients benefit from this approach; they receive consistently high-quality service, innovative designs, and functional solutions that are responsive to their needs and often exceed their expectations. We understand that our success is measured by our ability to listen to and collaborate with our clients. A cornerstone of our success is our client -focused service, staff qualifications, firm commitment, and desire to successfully complete each assignment to the satisfaction of all clients. It is our goal to exceed our clients' expectations through hard work and attention to detail to achieve professional excellence. construction specialists, and technical support personnel in 400 offices worldwide. Tetra Tech consistently ranks among the top engineering firms annually according to the Engineering News -Record. In the 2017 April issue* " of the ENR, Tetra Tech ranked the 4th among tFie Top 500 Design Firms nationwide. r" Our goal is to provide the necessaryexpertise and resources to deliver the project on time,lvfthin budget, and in compliance with the designad- z' construction standards set by the City and.approval agencies. This project will be managed and directed from our Irvine office located only 15 minutes from the City of Santa Ana's office. Primary Office of Work and Contact Person: 17885 Von Karman Avenue, Suite 500 Irvine, CA 92614-6213 Wayne Richardson, PE, LEED AP, Project Manager Telephone: 9491809-5219 i E -Mail: Wayne.Richardson@tetratech.com 4 DESIGN SERVICES RFP NO.: 18.042 25F-19 Lincoln Avenue Pedestrian Pathway Connectivity I Park Lane to Santiago Creek V The Tetra Tech Team Tetra Tech has assembled a local project team that possesses the knowledge, experience, and enthusiasm necessary to successfully complete this project. This same team has recently completed many successful bike path and pedestrian trail projects, making them the most qualified team for the Lincoln Pedestrian Project, Our project team is devoted to completing your project within schedule and under budget, and not only meet, but exceed your expectations. Below presents an organizational chart of the project team with the following three pages summarizing the qualifications of our project manager and additional key staff. MaudcloArgente, RLA, QSD/P, ENV SP CRY PROJECT MANAGER Monica M. Suter, PE Wayne Richardson, PE LEEDAP Jeremy Hohnhaum, PE, Mike Olsen, PE Jeremy Hohnbaum, PE, STRUCTURAL LEER AP, QSD/P DRAINAGE/WATER QUALITY/LID Tyler Para, Err DESIGN ENGINEER Tetra Tech's team commits to providing organizational resources and quality solutions that meet the needs of the City and the community. Jason Fussel, PE, PLS, LEED AP, Kevin Vu, PE GEOMEMICS/ADA COMPLIANCE PROJECT ENGINEER Mazen Kassar, PE ELECTRICAL/LIGHUNG Ben Hushmand, PhD, PE HUSHMAND ASSOCIATES, INC. GEOTECHNICAL Renee Longman,AICP LEED4P BD+C 25F-20 Todd Cullison, PLs SURVEYING/MAPPING, Mauricio Argente, RLA, QSD/P, ENV SP LANDSCAPEARCHITECT URE Heath Pray LANDSCAPEARCHITECTURE TETPTATECH 5 City of Santa Ana Key Staff PROJECT MANAGER To best serve the City on this Project, we have assigned Mr. Wayne Richardson, PE, LEED AP to lead our technical team. Wayne has over 25 years of project management experience on City projects involving environmental planning, civil engineering, water resources and active transportation. His project management experience Includes leading multi-dlscipline consultant teams, with the proven ability to execute complex projects on schedule and within budget. Mr. Richardson organizes and leads the APWA conference for Complete Streets and Technology held in Southern California each year, so he is well versed with active transportation projects, bikeways and pedestrian infrastructure. As increased urban development affects our environment, He has evaluated and implemented solutions that lessen the environmental impacts of projects or creates environmental assets for the communities. Wayne will be responsible for compliance with project Intent, completeness of the final deliverables, and achieving the City's stated goals and expectations to your satisfaction. Mr. Richardson will be the focal point for communications between the City and members of the project team to make sure the project needs are clearly defined and understood. As Project Manager, he will engage and direct the members of the team and subconsultants for effective project delivery and success. One of the most important elements to project success Is communication. Mr. Richardson understands this and will keep the City abreast of the project status, not only what has been completed but what Is planned, what risks have been Identified and any potential budget or schedule variations. His communication excellence results in the City getting clear, concise and frequent communication, meaning no surprises to the City. Mc Richardson's intention is to make 6 DESIGN SERVICES RFP NO.: 16.042 the Tetra Tech Team operate transparently and smoothly, as if an extension of the City's staff. PRINCIPAL -IN -CHARGE Mr. Mauricio Argente, RLA, QSD, QSP, ENV SP also has more than 25 years of combined planning and engineering experience in both the public and private sectors. The City will gain from his experience as a city planner, a landscape architect, and project manager of teams of engineers and scientists. Mr. Argente has been with Tetra Tech for over 15 years, and possesses the unique qualifications to Integrate engineering science with equal attention to environmental and aesthetic concerns. Mr. Argente will provide strong leadership and will make available the company's resources and expertise to the Team for successful delivery on time and within budget. QA/QC Mr. Jason Fussel, PE, PLS, LEED AP, QSD/P, ENV SP has over 15 years of experience and has a broad knowledge of civil engineering stemming from his Involvement In capital improvement projects across'Southern California. He is sought after for both his value engineering and his quality control capabilities. Mr. Fussel's strengths Include precise grading and paving, stormwater end water resources, and structures. He excels In the design oversight of plans, specifications, and estimates (PS&E) for public bid. His vast experience will allow him to provide critical reviews for technical quality, cost efficiency, and constructabllity. Mr. Fussel's quality assurance and quality control will give the City confidence that the Team will deliver the 90% PS&E with minimal plan check corrections or rework, and ultimately provide quality construction bid documents to obtain accurate bids with minimal clarifications, addenda, or changes required. 25F-21 L/ncoln Avenue Pedestdan Pathway Connecddly I Padc Lane to Santiago Creek DESIGN LEAD Mr. Jeremy Hohnbaum, PE, LEED AP, QSD/QSP will be the Project Design Lead. Mr. Hohnbaum has 12 years of engineering design experience that includes street and bikeway design, structural design, soils analysis, utility design, water quality regulatory compliance, and urban infrastructure for cities in southern California. Mr. Hohnbaum has been Involved with various phases of project design Including field reconnaissance, grant application, alternatives analysis, report preparation, preliminary design, final design, design services during construction, and inspection. He has design experience with non-structural and structural Best Management Practices (BMP's) selection, design, approval, and monitoring. Jeremy is a talented and capable design engineer who brings a hands- on approach with both technical and leadership qualities to direct the technical staff, Subconsultants Hushmand Associates, � Incorporated (HAI) is a��4/ professional engineering consulting firm with more than 29 years of successful experience in offering geotechnical engineering and specialized geotechnical earthquake engineering consulting, and soil and material testing and inspection services for both private and public sectors throughout southern California and elsewhere in the country and overseas. They are headquartered In Irvine with offices In La Habra and Walnut Creek, California. HAI Is registered with the System for Award Management (SAM) and is a certified small business by the Federal Government. HAI is also a certified Small Business Enterprise (SBE) with the City of Los Angeles, Metropolitan Water District (MWD), and the State of California Department of General Services (DGS). Their services cover the entire spectrum of geotechnical engineering from conventional foundation engineering to geotechnical earthquake engineering and construction Inspection and testing. TETRATECH 7 25F-22 City of Santa Ana o Summary of Staff Qualifications & Experience Tetra Tech has selected highly qualified individuals to meet the needs of the project. Personnel available for assignment to this project are committed to fulfilling their respective assignments for the full term of the project. The table below outlines the experience and time committed of each team member. Resumes of each individual can be found in the Appendix -Resumes tab of this proposal. STAFF TABLE i Wayne Richardson, PE, LEED AP 30 ProjectManager. - MauricioArgente,RL46osD,aSP,ENV SP 27 Principal -In -Charge +Jason.FusseI,PEPLs,LFEDAPDSDIP,EWSP'- .;5 OAIOC Jeremy Hohnbaum, PE, LEER AP, oSD1oSP 11 Design Lead Mike Olsen, PE structural Kevin Vu, PE Project Engineer . Ben Hushmand, PhD, PE Geotechnical Mazen Kassar; PE Electrical:& Lighting Todd Cullison, PLs SurveyinglMapping 7 22 100 Renee Longman,Alcg LEED•AP eD.0 14 70 Environmental Planning " . Heath, Pray LandscapeArdiitepture ' 25 100 HEHHEFIFIED 11 Tyler Parra, EiT 4 100 n Design Engineer 8 DESIGN SERVICES RFP NO.: 18-042 25F-23 UNDERSTANDING OF NEED V Introduction The Lincoln Avenue Pedestrian Pathway Connectivity Project proposes to design and construct a pedestrian path approximately '% mile from Park Lane to Santiago Park. The pathway will run parallel and west of Lincoln Avenue west of the railroad tracks. The Improvements will commence at Park Lane and continue to the north, between the back of residential properties and the railroad tracks, and will end at the existing east - west Santiago trail under the Railroad Bridge, It will provide active transportation continuity to the Santiago Trail, and will allow access to the existing east side decomposed granite trail, with the ability to traverse to the south back to Fairhaven Avenue. Currently the railroad tracks and fencing creates an impasse for east -west mobility, and an unsafe situation for those that will attempt to shortcut. The Lincoln Avenue Pedestrian Pathway Connectivity Project brings to the local residents and community the opportunity to improve safety, accessibility and mobility for pedestrians and bicyclists. Ever since the rail crossing was closed between Park Lane and Fairhaven Avenue, connectivity between the communities on either side of the tracks has been impaired, and accessibility to neighborhood businesses and amenities such as the Santiago Park and Creek have been made inconvenient for the residents, especially for the west side residents. When access and mobility becomes difficult for the residents, the of automobiles is increased, causing additional traffic in the local community. With this proposed connectivity project, access to businesses on Grand will be improved, and merchants should see more foot and bike traffic, We understand that the community is closely engaged in these types of projects, as it affects the public, especially nearby residents. The project will not only beautify the current dead space between Lincoln Avenue Pedestdan Pathway Connectivity I Park Lane to Santiago Creek the adjacent residential neighborhood and railroad tracks, but promotes alternative transportation by allowing more convenient access to local amenities such as Fairhaven Elementary School, Santiago Creek Trall, as well as merchants, and restaurants along Grand Avenue. When the California Public Utilities Commission (CPUC), Metrolink, and the Southern California Regional Rail Authority (SORRA) permanently closed the At -Grade railroad crossing at Lincoln and Fairhaven Avenues (seven years ago), pedestrian and bicyclist access was also removed. The at -grade railroad crossing closure required both motorized and non -motorized users to travel an additional mile out of their way, causing a substantial impact for non -motorized users. In May 2015, an application was submitted for Active Transportation Program (ATP) funds for the Lincoln Avenue Pedestrian Pathway Connectivity project. The City of Santa Ana received ATP state grant funds for the design and construction of the pathway on the west side of the railroad tracks. The proposed pedestrian pathway and the enhancement for Fairhaven Elementary align with the Southern California Association of Government (SCAG) Regional Transportation Plan goals adopted in April 2012. The proposed improvements are concentrated within the currently closed west side area adjacent to the railroad. All Improvements are within the City's Right of Way and/or approved easement. Lincoln Avenue Pedestrian Pathway Connectivity Project meets several Important community needs. Its purpose includes higher utilization of the "dead space" between the residences and the railroad, to enhance the aesthetics in the area, to provide for active transportation and restore pedestrian and bicyclist access across the railroad tracks in the vicinity of Fairhaven Avenue. The Project purpose and need also Include the important benefits of: Mitigate an unsafe or nuisance situation Access for residents to the Park and trails Access to businesses TETRATECH 9 25F-24 City of Santa Ana Improved visibility and security Community connectivity V Approach PROJECTAPPROACH The successful delivery of this key project requires a Team that is collectively committed to achieving total client satisfaction; provides an exceptional level of experience in roadway, bike/pedestrian pathways, active transportation, utilities, landscape and traffic design; has the depth of expertise and resources to be flexible and responsive; and recognizes the importance of schedule and budget constraints, as well as the requirements for quality. We believe Tetra Tech is offering that exact Team for your consideration. Our approach includes assigning experienced and qualified staff to perform the required duties under the direction of our Senior Project Manager, Wayne Richardson, PE, LEED AR Wayne has designed and overseen the design of roadway and Infrastructure Improvements PS&E in Southern California for the last 25 years, He is supported by an experienced team of Engineers, Designers, Landscape Architects, Environmental and and Structural Engineers. Mr, Richardson will meet with the City Project Manager and the Project Design Team (PDT) to discuss all aspects of the task, goals, objectives and expectations. He will then prepare a Project Management Plan, with a Work Plan, Including a well-defined scope of work, staffing plan, schedule, and budget for the City for the City Project Manager's review and approval. The work plan will Identify stakeholders and support an approach to engage the community in the design development process. Following approval, the Tetra Tech Team will commence work by implementing our proven Work Plan, systems and procedures in accordance with the contract. Our Project Management will ensure that all subconsultant staff are performing according to the City's expectations. The City will benefit from our 10 DESIGN SERVICES RFP NO.: 19-042 Team's ability and flexibility to match your project schedule with our extensive skilled resources. We are familiar with and will adhere to the City's project delivery and design requirements, as well as the applicable Caltrans, Metrolink (SCRRA), CPUC, FTA and County of Orange standards and requirements. As we have executed this type of project many times before, we know the estimated project schedule for completion of similar active transportation projects design to bid -ready PS&E. It Is expected that the Project is Categorically Exempt from CEQA and is excluded from the NEPA requirements. The stakeholders and reviewing parties may include the City, US Army Corps of Engineers Section, California Department of Fish and Wildlife (CDFW), the Orange County Flood Control District (OCFCD), the Santa Ana Regional Water Quality Control Board, SCRRA, CPUC, Caltrans, and the local Community, To successfully deliver this Project, the City will benefit from the Tetra Tech Team's extensive experience working closely with these stakeholders. Plan checks Will also be provided by the City of Santa Ana's Design, Development, Traffic, Water, Sanitary, and Construction Engineering Divisions In addition to the Parks and Recreation Division. Reviews by the Planning and Building Agency, Orange County Fire Authority will be coordinated by the City. Tetra Tech will recommend and provide a list of all entitles that must be coordinated with for proper completion of this project. Additionally, reviews by utility companies and other entities and agencies will be coordinated by Tetra Tech, PRELIMINARY DESIGN The Approach for this Project will follow Tetra Tech well-established procedures continued for similar design projects. Our initial meetings will identify all of the City's requirements with regard to the proposed improvements to safely accommodate the pedestrian path. We will first perform a thorough review of the project documents developed to date. Our approach will combine exacting Discovery for a detailed understanding of the Project with 25F-25 Lincoln Avenue Pedestrian Pathway connectivity I Park Lane to Santiago Creek thorough research and site visits. Although we have already walked the site and reviewed all available documents related to this project, we will schedule a site walk with the City Project Manager and others to gain further insights, understand specific needs and document all visible conditions relevant to the design. Our Field Engineers excel at collecting and evaluating relevant date, and Identifying project issues, opportunities and constraints. Our Design team will then validate the pedestrian route, recognizing the unique characteristics of the various sections and Incorporating elements that will transform them to a functional and memorable pedestrian experience, Our practice of obtaining early involvement from all stakeholders and Identifying opportunities for cost savings will be of significant benefit to the City, To meet the Project needs, we will begin with validation of the City's Concept Plan In close collaboration with the City Project Manager. Our Design Team will develop Alternatives to be presented and evaluated, such as options for hardscape and landscape types and configurations, drainage and water quality design, wall and fence types, lighting configuration, permitting considerations, potential utility conflicts and any safety considerations. We will explore pervious surface alternatives for a sustainable path that will be cost-effective. An Alternatives Analysis will be performed, and a summary of the advantages and disadvantages of each, including cost implications, will be presented to the City In a format to facilitate decision making. Our Team will employ our evaluation system for determining the appropriate type of crossing treatment for paths and trails, which we have employed successfully on multiple active transportation projects. Specific project design standards will be developed in graphic and text form and included in the deliverable. Typical cross sections and details will be developed for the pathway, railroad crossing improvements, landscape and site amenities, and signage and wayfinding. Path lighting Increases visibility of pedestrians and bicyclists at night, which promotes security, Illuminates potential hazards, and helps create a vibrant and inviting amenifles. Our Electrical Engineers, Lighting Experts, and Traffic Engineers will work together and coordinate with SCE to Install new light poles, developing now pathway light spacing and fixtures to meet the Roadway Lighting Standards. In addition, to accompany the Landscape Plan, we will develop lighting concepts; including the Introduction of pedestrian scale lighting with shorter poles, directly above pedestrian walkways, illuminated bollards and accent lighting, considering glare to adjacent residents. These concepts will be presented to the City for concurrence and Incorporation into their design plans. Our Landscape Team will develop landscape concepts In order to soften the hardscape environment and provide texture and color through the Introduction of planting strips, planters, pocket gateway nodes, and vertical green screens. A preliminary plant palette will accompany the landscape concept plan and offer a menu of options of drought tolerant, vigorous, and low -maintenance shrubs, ground covers, and vines to choose from. Where appropriate, the landscape concept will include water quality features and green streets concepts. These concepts will be presented to the City for concurrence and incorporation into the design. Design recommendations for the proposed Improvements will be based on optimizing aesthetics and durability of the proposed Improvements while minimizing operation and maintenance costs. The path could capture and infiltrate all of the runoff from the proposed improvements to match or reduce runoff quantities produced from the existing conditions. This approach will alleviate the need for storm drains and minimize permitting and environmental impacts Within Santiago Creek Based on preliminary soil evaluations, Infiltration BMPs would be appropriate for this project If the geotechnical evaluation reveals low infiltration potential, storm 25F-26 TETRATECH 11 City of Santa Ana drain Improvements capable of matching existing drainage characteristics will be necessary. Discharging into Santiago Creek through a proposed storm drain will only be considered if all other drainage options are not feasible. Once the design options have been vetted by the Project Team, Tetra Tech will document all applicable regulatory requirements, stakeholder needs, project opportunities and constraints to be used as a Basis of Design. The Basis of Design will be the guide to refine the Concept Design to 30% level for review and approval. At this time we will provide a Technical Memo documenting the anticipated permits needed for the project. We will perform Value Engineering, looking at all project factors, including community impacts, pedestrian and bicycle detours, aesthetics, environmental clearances, right-of-way, permitting issues, utilities, access and clearances, value, security, safety, constructability, maintenance, durability, life cycle costs, lead times, availability and construction related issues. The Tetra Tech Team understands fundamental project issues and functions, leading to higher quality.value engineering recommendations early in the design stage that are more useful to the owner. With Tetra Tech's design leadership and engagement of the Project Team In the process, the community will benefit from a beautiful, safe, user friendly, environmentally friendly, and low maintenance connectivity enhancement .PEDESTRIAN PATH FINAL DESIGN Upon City Approval of the Concept Plan, our highly qualified Team will commence the final design to achieve 90% submittal completion level. To accomplish this, we will provide monthly progress prints and reports to keep the City Project Manager engaged and informed. In addition, we propose two (2) over -the shoulder reviews to obtain input and comments from the City. In this way, the 90% submittal will be complete to the City's satisfaction, with minimal comments expected. 12 DESIGN SERVICES RFP NO.: 18-042 To facilitate the PS&E development, our qualified Team includes Registered Engineers who are familiar with civil infrastructure and active transportation Capital Improvement Projects, Including ATP Grant Requirements, Caltrans Highway Design Manual Chapter 1000 for Bikeway Facilities, and the NACTO Design Guidelines for Bikeways. The development of PS&E for the pedestrian facility will consider the connections and access points, and these additional relevant design standards: T�J Manual on Uniform Traffic Control Devices (MUTCD), part 9 and California Supplement ra Americans with Disabilities Act T7 AASHTO Guide for the Development of Bicycle Facilities (1999) N FHWA/FRT, 'Rails -with Trails: Lessons Learned', (2004) to Non -Motorized Technical Reference Guide, Caltrans (2005) D Caltrans Standard Plans 6:1 Caltrans Standard Specifications =T Standard Special Provisions for Public Works Construction (2012 Edition) 9 City of Santa Ana Standard Plans .3 County Metrolink, Amtrak, CPUC Requirements, If applicable 0 Relevant State Local Assistance Procedure Manuals and requirements All regulatory and permit requirements as required and confirmed by the consultant The 90% submittal will include final plans, specifications, and estimates (PS&E). Prior to submittal to the City, we will perform value engineering in collaboration with the City Project Manager. We will also perform 1) a thorough Interdisciplinary Review, and 2) a Quality Control check, checking against the Basis of Design and the applicable codes and requirements. DELIVERING A DESIGN WITHIN BUDGET Perhaps most importantly, the Tetra Tech team is committed to delivering a project that not only 25F-27 meets or exceeds the expectations of the City and the community, but will accomplish this within the allocated construction budget. To meet this requirement, the Tetra Tech team will maintain a running cost estimate of the overall project, provide value engineering recommendations, and will coordinate work closely with Mr. Jason Fussel, the Tetra Tech Quality Assurance/Quality Control (QA/ QC) Manager. 100% DESIGN PS&E Upon direction from the City Project Manager, and based on the review comments on the 90% PS&E, the Community, City and other stakeholder input, we will develop the final construction plans, specifications, and estimates (PS&E). All PS&E deliverables will pass our Internal Quality Control Process, and will meet the standards and requirements of the City, SCRRA, Caltrans, and the Grant. After going through our thorough and established Quality Control process, Tetra Tech will submit 100% PS&E, along with back-up design calculations, models, and technical reports for review and approval. Each submittal will be made on time in accordance with the schedule. We will provide construction specifications for the work, and will thoroughly review the specifications against the plans to ensure their coordination. An Opinion of Costs will be provided by the professional cost estimators we maintain In-house, with a detailed breakdown of work elements, unit prices, material, equipment, and total costs, and will include references for chosen unit costs at each submittal. Our team will offer recommendations for cost savings. The drawings and calculations will be signed and sealed by the Project Manager or Engineer registered in the State of California. CONSTRUCTABILITY REVIEW Prior to the Final PS&E submittal, we will have a thorough Constructability Review performed by an Independent in-house Engineer, following our well-established Constructability Checklist of major items such as long lead Items, Buy America, and construction staging to name a few. Lincoln Avenue Padeshlan Pathway Connectivity i Park Lane to Santiago Creek Our construction plans will be reviewed to avoid ambiguity, discrepancies, gaps in scope, and smooth coordination between the plans for each discipline, specifications, and estimates. BID SUPPORT The City will gain from the Tetra Tech team's extensive experience in the preparation of quality bid documents to obtain uniform bids. We strive to reduce the need for changes and addenda, and will offer recommendations on pay items to cover all of the potential work. The City will also benefit from our support during the bid process to offer clarifications, and utilize our experience evaluating contractor bids to identify unbalanced bids or other issues. QUALITY CONTROL/QUALITY ASSURANCE At Tetra Tech, our methods and techniques for Quality Control (QC) are employed in all phases of work to ensure that the quality requirements are fulfilled for our clients. Quality Assurance (QA) Is Integral to our culture and processes, and is Ingrained in each task to be properly implemented. Our Quality Assurance has been responsible for driving down the lead time for Project Delivery, and reduces the overall cost of the project by minimizing quality checks, rework and agency delays. The Quality Check process is a formalized step in the delivery process that requires all documents and deliverables to go through an Independent review prior to release. The goal is simple: ensure that the product meets the expectations of the client and does not require the City to review the deliverables. This goal keeps rework down and achieves two primary goals: reducing cost and time. Checklists, formal commentfresponse forms, and redlined QC stamped sets are integral to the Quality Check. First, the QC Manager will conduct a formal review of the deliverable highlighting all reviewed work and redlining the set. Once the review is finished and verified that all redlines have been addressed, the Project Manager will review the set to look TETRA TECH 13 25F-28 City of Santa Ana for constructability and interdisciplinary Issues. The final phase is a peer review to produce an Independent quality check prior to submittal. This process fixes mistakes, verifies compliance with design criteria and codes, and provides feedback to the design team. Furthermore, the process Is audited to keep the managers accountable for following the quality check process RELEVANT PROJECT EXPERIENCE We believe that our best reference of our experience is our past performance on these featured projects that we have completed for the City. We are confident that these past projects will attest to our technical excellence, responsive staff and our complete understanding of projects of this nature. We are committed to providing the same quality service that we provided on our previous projects. The table below highlights key and relevant aspects of our previous projects . Active Transportation Projects (ATP)2 and 3 City of Los Angeles, Bureau of Engineering ' f •C� ' t`i `- z E•v-�^i �f'-"'%�f t' S'r'i^"F� 6. Yom, 4i4""' ice,{ Shell Beach Road Streetscape Phase IL �,,teeE ��4 v r�2 ya4,1 L 11t,�>x Project City of Pismo Beach MF. ^iaa 3 ix Jt'? w55 bfin.Fn-4.,'yld, is `� "'it sx' Ya•i SY i +.F�"'sr't�-„h :i.''•".*:4 {s'`''°�yy,' _-7- - .,t - Sixth Street Viaduct PARC Project' 1 Citycf;LosAngeles,Bureau ofEngineering ° ���� z, X£sC F �e r��' Soto Street Bridge Over Mission Road and Huntington Drive Bridge Removal Street 4 Y =ex•.gs, 5 A « A 1'YR int"5l \ i^Y R=m �",�, t,xiti� y.: W 1�-: „ € , +yitrN'yj,'�f<sT^�c1�F�"}��{"'�t S tS zf and tF�,�Z,y Improvement Project'�W, City of Los Angeles, Bureau of Engineering �` ,r w g - fr.€s; �.• �# R Taylor Yard BikewayiPedestrian Bridge. City of Los Angeles, Architectural Division Templeton to At iscadero Connector Trail' CountyofSan Luis Obispo, General Servloes Agency y , �«,��p �, _'. +,''- v ,_.: InKx" yX C s� *Denotes a project that is featured within this proposal. ......_ . _----- _---- _._......_......... -- -- _........... — 14 DESIGN SERVICES RFP NO.: 18-042 25F-29 Lincatn Avenue Pedestrian Pathway ConnectivUy j Park Lane to Santiago Creek The City of Los Angeles recently selected Tetra Tech to provide design services and design support during construction for two Active Transportation Projects, the Boyle Heights Linkage Project Description (ATP 2) and the Arts District Pedestrian/Cyclist Improvement Project (ATP 3). The ATP 2 project area is comprised mostly of industrial, commercial and manufacturing facilities, and some residential facilities, consisting mainly of a low-income public housing development. There is little pedestrian use of the streets within the ATP 2 project area because of its industrial nature and poor pedestrian facilities. ATP 2 aims to improve pedestrian safety and access to the City of Los Angeles' Sixth Street Viaduct and Sixth Street PARC Projects. In addition to serving all City residents, the project specifically aims to Improve the pedestrian circumstances for users of the Aliso Pico Recreation Center, Pecan Recreation Center, and Boyle Heights Technology Youth Center. The project will directly benefit the adjacent low-income and senior housing community near 4th Street and Clarence Street. The ATP 3 project area is characterized by a complex street system of very long blocks with few safe crossing locations, complicated intersections, and very limited bike facilities that create mobility challenges for residents, workers and visitors to the district. Many of the streets lack sidewalks, or have very narrow sidewalks, since most streets were built to handle large freight trucks making deliveries and pick-ups at area factories and warehouses where long loading docks and wide driveways take the place of sidewalks for pedestrians. The long blocks and the Inadequate amount of controlled pedestrian crossings, limit pedestrian accessibility across wide streets with fast moving vehicles and decrease the connectivity between destinations in the community. The lack of any bike facilities on project area streets makes the 25F-30 Los Angeles, Callfomia Client Name City of Los Angeles Bureau of Engineering Year Completed 2018 -Ongoing . Contact Person City of Los Angeles Bureau of Engineering 585 S. Santa Fe Avenue Los Angeles, CA 90013 Gary Lam, Project Manager T. 213-694-4329 E: gary.lam@lacity.org district unfriendly to all but the most intrepid cyclists. The ATP 3 Project will provide pedestrian and cyclist Improvements including new cycle tracks, bike lanes, bike routes, new and widened sidewalks with curb extensions, new traffic controlled intersections, a new shared street connecting to the new Sixth Street Viaduct Arts Plaza, as well as green street elements. Tetra Tech is currently preparing the Pre -Design Reports for both the ATP 2 and ATP 3 project. ` FrojeatWlghlightS:. -: -: Sidewalk ReplacementiR.epair - New ADA Complir?ht.�urbRamps Continental Crosswalks >: PedestriadLight Ing. ; ,>.'Nevi Shared Street Curti Exlensions Glass 4> Cycletraok, 3.. New.Intersection. Signals 4. New Pedestrian Push Burton Crosswalks..: u. New.Green Alley .:'. TETRATECH 15 City of Santa Ana The Tetra Tech team is currently designing a Complete Street project in Pismo Beach, that encompasses 18 blocks of Shell Beach Road, The project elements Include a new Class I Bikeway adjacent to the existing Caltrans rlght-of-way (Highway 101). The design incorporates wider sidewalks to improve the pedestrian experience and opportunities for outdoor cafes, street furniture and improved safety. The streets are redesigned by reducing the lane width to slow down vehicle traffic, adding striped crosswalks at key crossing locations for pedestrian safety, new way -finding and streetscape enhancements including: pavement enhancements at crosswalks and Intersections, full ADA compliance, street furniture and landscape improvements that will provide a softening of the views, create a shaded pedestrian and bike lane corridor while decreasing the heat island effect. Concurrently, the project Includes the addition of a new 12 -inch water line, new 12 -inch reclaimed water line, the undergrounding of power and communication lines to reduce the visual clutter and new storm drain improvements. 16 DESIGN SERVICES RFP NO.: 1"42 The project challenges mitigated by Tetra Tech include reviewing the approved concept plan and developing an opportunities and constraints map to determine how to best achieve the concept design against the field condltlons and proposed improvements. Additional challenges include providing safe connections to the existing school, providing connections to future bikeway improvements, designing around existing utility corridors (including an 18 -inch regional water line, and two 8 -Inch oil lines), coordinating Improvements with Caltrans while determining the legal boundaries, coordination the improvements with Caltrans, San Luis Obispo County, and presenting the design options to the stakeholders In the area. The neighborhood includes a mix of commercial business, restaurants, cafes, and service oriented businesses with the residential community directly adjacent, This neighborhood has a unique character that is different from other areas of the city. It was important to respect the unique character of this neighborhood while improving the streets for a safer pedestrian, 25F-31 Pismo Beach, California Client Name City of Pismo Beach Year Completed 2012 — Ongoing Contact Person City of Pismo Beach 750 Mattie Road Pismo Beach, CA 93449 Mc Eric Eldridge T. 8051773.7041 E: seldridge@plsmobeach.org biking, and vehicular experience while updating the pedestrian accessible pathways and amenities for a more cohesive design. The overall goals of updating the corridor with underground utilities and providing a safe and more enjoyable experience along Shell Beach Road is being accomplished while preserving the unique aspect of the Shell Beach Neighborhood. Project -Highlights Streetscape Enhancements ' Class 1'13*6way. Wayfinding ., Utilities. Lowimpaet Development. Caltrans Coordination . LlnwIn Avenue Pedestdan Pathway Connectm'ty i Park Lane to Santiago Cmeh The goal of this project is to provide connectivity for low-income, disadvantaged neighborhoods while also creating a link to urban areas and recreational sites. This bridge will provide additional connections for cyclists within Los Angeles. The project Is near other future active transportation projects that will provide additional connections to Sixth Street and the surrounding neighborhoods and businesses. The Sixth Street Viaduct has the potential to tie Into these future projects, allowing Tetra Tech to expedite permitting and design on any upcoming projects In which we are involved. In 2012, the City of Los Angeles Bureau of Engineering held an international design contest for the replacement of the Sixth Street Viaduct. Demolition of the existing bridge began in early 2016, and the new bridge design, known as the "Ribbon of Light," is expected to be constructed by 2020. The City of Los Angeles selected Tetra Tech, along with subconsultant Michael Maltzan Architecture, to develop a unique landscape design and Over improvements as part of the Sixth Street Viaduct Replacement project. The Tetra Tech team will provide schematic and final design, environmental documentation and permitting, public presentations, construction support services, and post - construction services for nearly 12 acres of recreational and open spaces beneath and around the new bridge. Tetra Tech saved two to four years of project time securing USACE approval of the connection tunnel by publishing an EA and not an EIS. Furthermore, the project Includes half a mile of improvements within the Los Angeles River. These improvements will include bike trails, pedestrian access, and softening of the existing concrete lined channel. These improvements were originally envisioned in the Los Angeles River Revitalization Master 25F-32 Los Angeles, Califomia Client Name City of Los Angeles Bureau of Engineering Year Completed 2016-2020 (est) Contact Person City of Los Angeles . Bureau of Engineering 585 S. Santa Fe'Avenue Los Angeles, CA 90013 Gay Lam, Project Manager T: 2131694.4329 E: gary.lam@lacity.org Plan that Tetra Tech completed. The City's goal is to make the landscape component under the new bridge a world class public space that will Include an arts plaza, several performance -stages, synthetic sports fields, river terracing, and bicycle and pedestrian pathways. Tetra Tech saved two to four years on the project by connecting to the tunnel with publication of an EA and not an EIS. A security plan was also prepared for the project at the request of the USAGE. This project provides connectivity to disadvantaged neighborhoods. PtojectHigh;lights Environmental " Permitting ... Publl6_ Engagement .. ; Seduiity.Plan per 08ACE e Bikeway Design `. . TETRATECH 17 City of Santa Ana Tetra Tech is preparing the Plans, Specifications, and Estimate (PS&E) for a new bikepath along the Los Angeles River channel from Wlnnetka Avenue to Mason Avenue. As part of the design, the existing concrete -lined channel will be modified to Incorporate undercrossings at Vanowen Avenue and Mason Avenue. The underpasses will include ramps that will pass under the bridges with sufficient overhead clearance for cyclists. Tetra Tech 18 DESIGN SERVICES RFP NO.: IM42 is preparing a 2-D hydraulic model to study the effects the new section will have on waving and ramping patterns, in accordance with the Army Corps of Engineers requirements. The project Includes preparation of bikeway plans and profiles, retaining wall design, signing and striping, lighting plans, and decorative path construction. An artistic rendering was also prepared to illustrate how the completed project will appear. 25F-33 City of Los Angeles Bridge Improvement Program Year Completed 2010-2014 City of Los Angeles Bridge Improvement Program 1149 S. Broadway Los Angeles, CA 90015 T. 213/485-4750 E: john.koo@lacity.org Project Highlights ;,.Bikeway plans and profiles.°:.. Retammg wall; design Signingand`striping Lighting plans , : ' . Decorative path construction Tetra Tech is currently working with the City of Los Angeles and the Los Angeles County Metropolitan Transit Authority (MTA) to provide Civil Engineering Services for a 420 -foot long modern style and aesthetically distinctive pedestrian/blkeway bridge crossing the Los Angeles River. The project is located on ti18 north side of interstate Highway 5 and the Los Angeles River, between Silver Lake Reservoir and Dodgers Stadium In what Will be part of a much larger neighborhood revitalization project of an MTA rail yard, Taylor Yard, as a complement to the Los Angeles River Revitalization Master Plan project. This bikeway will provide a much-needed link for connectivity to neighborhoods and adjacent parks between the east and west banks. In LlncolnAvenue Pedastdan Pathway Connectivity I Park Lane to Santiago Creek collaboration with Studio Pall Fekete Architects, Tetra Tech designed the civil improvements and bridge abutments. The pedestrian bridge will carry two lanes of pedestrian, bicycle traffic, and Includes scenic views of the Los Angeles River, such as the small islands of vegetation and local parks. The project also includes the use of solar power, from the LED bridge, pathway lighting, and signage to the irrigation systems. This feature provides further safety measures for pedestrians. We also reduced pedestrian access to the channel section by constructing the pathway outside the bank where possible. This would reduce the risk of accidents during a flood event. Tetra Tech is providing civil and design engineering and permitting/approval experts 25F-34 Los Angeles, California Client Name. City of Los Angeles Architectural Division Year Completed 2013-2018 (est) Contact Person City of Los Angeles Architectural Division 1149.S. Broadway Street, Ste, 830 Los Angeles, CA 90015 Nur Malhis, MS, PE 213/485-4737 for: Southern California Rail Authority, USACE, Los Angeles Metropolitan Transit Authority, Los Angeles River Project Office, and numerous City of Los Angeles agencies. Tetra Tech coordinated and obtained approval from USACE gaining Section 401, 404, and 408 permits. The 401 and 404 permits were for environmental aspects of the project, and the 408 permit was required for modifications to the flood control channeUstructure. Project HigFilights Permittingixiordinatch with USACE ' Sec9rityconsidera6tins/ . implementations' Connectivity to.adjacent. neighiiorhoods and parks'::' . Hydraulios.4no hydrology': TETRA TECH 19 City of Santa Ma Tetra Tech is currently providing engineering services to prepare plans, specifications, and cost estimates (PS&E) for the Templeton to Atescadero Connector Trall. The project Is a multi -use path, roughly one mile in length, connecting northern Atascadero to southern Templeton between the Salinas River to the east and Highway 101 to the west. The Union Pacific Railroad (UPRR) track bisects the site. The Improvements Include a Class I pathway with a clear span bridge over Paso Robles Creek and a railroad track under crossing. The project scope Includes completing and managing the Caltrans Local Assistance and Environmental Department requirements and reports necessary for Implementing a Federal Highway Administration 20 DESIGN SERVICES RFP NO.: 18-042 and State Highway Administration grant funded project. Tetra Tech Is providing pathway design and approach engineering, quantity calculations, environmental studies and surveys for NEPA/ CEQA, preparation of permit applications, right-of-way engineering and acquisition, utility coordination, UPRR coordination, hydraulic analysis, geotechnical engineering, topographic surveying, cost estimating, bid and construction assistance, and preparation of a complete plans, specifications, and cost estimates (PS&E) package. The ultimate goal of the pathway network is to provide connectivity between Templeton and Atascadero, facilitating safe and attractive transportation between these two towns and encouraging alternative transportation modes. 25F-35 Templeton, California Client Name County of San Luis Obispo General Services Agency Year Completed September 2014.Ongoing Contact Person County of San Luis Obispo General Services Agency 1087 Santa Rosa Street San Luis Obispo, CA 93408 Elizabeth Kavanaugh T. 805(181.4089 E: ekavanaugh@co.slo.ca.us Project Highlights .: Plans, Specillcatlon% and Estimate . CEQA(NEPAProcesses Right -of -Way Acq uisition:..: i�.:Grant Administration. Topographic Survey .; HydrologyMydraulicAnalysis Permitting Assistance UPPR Coordination.. Undercrpong..at UPRR Tracks Pedesriari fridge +- REFERENCES ENGINEERING Willi CITY OF LOS ANGELES Gary Lam, Project Manager 213/694-4329 gary.lam@lacity.org City of Los Angeles Bureau of Engineering 585 S. Santa Fe Avenue Los Angeles, CA 90013 Lincoln Avenue Pedestdan Pathway Connectivity I Park Lane to Santiago Creek Mr. John Koo 213/485-4750 john.koo@lacity.org City of Los Angeles Bridge Improvement Program 1149 S. Broadway Los Angeles, CA 90015 Relevant Projects Completed: Relevant Projects Completed: n Active Transportation Projects (ATP) 2and 3 C1 Sixth Street Viaduct PARC Project N Los Angeles River Greenway -West Valley Elizabeth Kavanaugh 805/781-4089 ekavanaugh@co.sio.ca.us County of San Luis Obispo General Services Agency 1087 Santa Rosa Street San Luis Obispo, CA 93408 Relevant Projects Completed: I Templeton to Atascadero Connector Trail SCOPE OF SERVICES AND SCHEDULE (REVISED 8/15118 BACKGROUND The City of Santa (the City) submitted an application for the Active Transportation Program (ATP) funds for the Lincoln Avenue Pedestrian Pathway Connectivity project on May 2015, They received ATP state grant funds for the design and construction of a pathway on the west side of the railroad tracks. The proposed pathway will run parallel and west of Lincoln Avenue west of the railroad tracks. The qualified Tetra Tech Team will provide the services as listed in the RFP 018.042 and as further described below to the City's satisfaction, engaging the community in the process and employing best Industry practices and best management practices. In general, Tetra Tech will prepare construction plans & specifications (construction contract documents) and engineer's cost estimates for the Lincoln Avenue Pedestrian Pathway between Park Lane and Santiago Creek as well as a connection under the railroad bridge to the existing decomposed granite trail just north of Fairhaven Avenue (approximately 900 feet). V Project Management and Conceptual Design PROJECT MANAGEMENT AND COORDINATION Tetra Tech will be fully responsible for the overall management and coordination for the project, 25F-36 TETRATECH 21 City of Santa Ana Including organizing and coordinating the project kick-off and on-going team meetings, as well as serve as the liaison with affected agencies, and utility purveyors; preparation of progress reports and schedule updates, securing permits for all field studies and any other required permits from other agencies; and, oversight so that state -level ATP Grant funding requirements are regularly met and providing Information for status reports. Our team will be completely engaged with the City throughout the duration of the Project. Project progress meetings and reporting requirements will generally consist of. ::I Meetings - Progress Review Meetings will be held at intervals deemed appropriate by the City (5 anticipated throughout the project and participation in a 5th meeting for the preconstruction meeting). At or before each of these meetings, Tetra Tech will furnish two (2) copies of all completed or partially completed, plans, specifications and estimates which have been developed or altered since the last Progress Review Meeting, "i Progress Reporting - Progress Reports will be regularly submitted to the City and with all Invoices. Invoices will Include the State's project number and City's Activity Code(s) with a summary of work billed for in the current Invoice, a summary of all work billed previously and as compared to the remaining project budget. Project Schedule - Tetra Tech will prepare the project schedule in Microsoft Project format utilizing the Caltrans Work Breakdown Structure (WBS). The project schedule will be updated and distributed at the meetings where the critical path items are identified. The project schedule will show key tasks and subtasks, RECORDS & UTILITY RESEARCH Tetra Tech will conduct on-site investigations to evaluate existing field conditions and research all right of way and utility Information pertinent to the project including utility plans, as -built plans and record drawings, and right-of-way data for preparation of improvement plans affecting the project area. Tetra Tech will identify all existing and proposed facilities within the projects limits 22 DESIGN SERVICES RFP NO.: 18-042 and potential conflicts and coordinate proposed improvements with the Project Team. If utility conflicts are identified, Tetra Tech may recommend potholing of utilities as an optional scope item. Utility conflict plans and notices will be prepared and sent to utility purveyors to coordinate and resolve potential conflicts. At a minimum the utility companies that will be coordinated with are Southern California Edison, Southern California Gas Company, AT&T, Cable Television Companies, other Telecommunications entities, the County of Orange and other key entitles. This also includes coordinating with SCRRA, CPUC, Metrolink, CDFW, US Army Corps of Engineers, Santa Ana Regional Water Quality Board. Upon completion of this task, Tetra Tech will have prepared an existing utility and right-of-way base map for use in the Final Design. SURVEY As part of the Conceptual Design phase of the Project, Tetra Tech will perform the required topographic and property line surveys. The project area includes work in both the City of Santa Ana Right of Way of Lincoln Avenue and Park Lane as well as the Metrolink Railroad Right of Way. Additionally, a number of private properties bound the project area to the west. Tetra tech will begin the survey process by coordinating the access needed to these different properties. Of particular difficulty in coordination can be the right of entry Into the Metrolink Railroad Right of Way. Tetra Tech field crews have significant experience working In active rail situations. Tetra Tech will coordinate the necessary training and right of entry permits to perform the property and topographic surveys. It is assumed that any flagging or radio coordination will be provided by the City or by Metrolink. The topographic survey will locate horizontally and vertically the various features in the area of work sufficient to prepare a design level base drawing for the project. The survey will include hardscape features, drainage features, railroad tracks and facilities, surface evidence of utilities, trees with trunk diameter and dripline, fences, walls, light and 25F-37 Uncoln Avenue Pedestrian Pathway Connectivity I Perk Lane to Santlago Creek utility poles, and other features needed for site design. The survey will include, at a minimum data at 20 foot cross sections along the corridor of the project and at begin, end and any other significant grade features. Tetra Tech understands that work around active railroad can be extremely dangerous. To mitigate this situation, Tetra Tech proposes to use our scanning total station to capture data over the rail track area. Our scanning total station is able to collect point cloud data, to a design level accuracy, while remaining well off the track area. Point cloud data would be "ground truthed" with a limited number of traditional topographic survey shots on rail facilities, drastically reducing the time that our field crews are In danger of the active railway, and minimizing any disruption to rail operations. Survey control will be tied horizontally to the North American Datum of 1983 (NAD83) through GPS post processing constrained to the California Spatial References Center, Epoch 2017 Control. Vertical control will be tied to the North American Vertical Datum of 1988 (NAVD88) by occupation of the nearest City of Santa Ana or NGS benchmark controlled by that datum. If the benchmark used is not within site distance of the project a local survey benchmark will be established for use during construction. The Property Line surveys will be performed to establish the locations of the private properties, the City of Santa Ana Right of Way and the Metorlink Railroad Right of Way In the vicinity of the project. Sufficient boundary monumentatlon will be recovered to orient a survey boundary, compiled from record documents for the project. Additional easements or agreements provided to Tetra Tech by the City of Santa Ana that exist foe the railroad will also be plotted, A full boundary establishment survey is not believed to be necessary and is not Included at this time. A Survey base file drawing Including property lines, survey control and topographic data will be prepared. Electronic files will be generated in Microstation V81 format using US Customary Units. All survey work will be performed under the guidance and responsible charge of a Land Surveyor licensed in the State of California. ENVIRONMENTAL CLEARANCE DOCUMENTS & REPORTS Tetra Tech will develop a revised project description based on the current project and will review the CEQA CE that was previously flied for adequacy. The results will be documented In a letter report. Tetra Tech understands this pathway was referred to In the prior environmental document which resulted in the closure of pedestrian and bicycle access at the prior At -grade Railroad Crossing at Fairhaven Avenue. Although it was not listed as a specific mitigation required of the closure, It was understood In prior project's environmental document that a future pathway would be required to restore access for pedestrians and bicyclists as a result of the full at -grade crossing closure, Prior outreach was conducted with the community about the need for this pathway approximately six years ago. Given this history, Tetra Tech will provide practical recommendations for any remaining environmental documentation (CEQA) steps that should be conducted. If needed, Tetra Tech will identify additional environmental analysis and/ or environmental -related grant -funded paperwork required for this ATP project. GEOTECHNICAL Our team will review and summarize available information regarding local conditions for the site surrounding areas Including geologic maps and other published reports that may aid in identifying geologic risks, To characterize surface and subsurface conditions in order to provide design requirements for structural improvements, we will drill three (3) hollow stem auger borings to depths between 10 and 18 feet and two (2) hand auger borings to depths of 2 feet. Boring locations will be and notify you and Underground Service Alert (USA) prior to beginning fieldwork so that public or private underground utilities can be identified. Percolation tests will be done In four locations, two at the 2 foot depths and two at 10 foot depths to 25F-38 TETRATECH 23 City of Santa Ana accurately characterize subsurface permeability. These tests will be done in accordance with the Orange County Technical Guidance Document (TGD). The laboratory testing program for soil may Include, but not be limited to, the following: In-place dry density (ASTM D2937); ai In-place moisture content (ASTM D2216); t-3 Particle -Size Distribution (Gradation) (ASTM D6913); m Atterberg Limits (ASTM D4318); Expansion index (ASTM D4829); Direct Shear (ASTM D308D); Unconfined Compression (ASTM D2166); r R -value (CTM 301); and Corrosion potential (including pH, minimum resistivity, soluble sulfates and soluble chlorides tests, in accordance with Cal DOT Standard Test Nos. 643,417 and 422). We will review the field and laboratory data, and perform engineering analysis for pavement design. We will prepare a report that includes the results of our Investigation, and our conclusions and geotechnical recommendations for pedestrian and landscape improvements. Our report will Include a site plan, boring logs, and laboratory test data, in addition to the following information: Site Conditions: We will review surface, subsurface, and groundwater conditions, and the engineering properties of the soils encountered during the site Investigation, and obtained from the existing data review and our field Investigation and laboratory tests. Geological hazards, maps, seismicity requirements, foundation and wall design, earthwork handling criteria, temporary excavation and shoring guidelines, pavement and ELECTRICAL AND LIGHTING DESIGN During the Conceptual Design phase our experienced electrical design team will consider two options for the project. The first option will bring 24 DESIGN SERVICES RFP NO.: 18.042 power from a nearby Southern California Edison (SCE) power source while the second will use light poles with built in solar panels and batteries. Each option is discussed In further detail below. Capital costs, operation and maintenance costs, as well as operation and maintenance requirements will be developed for each option and presented to the City Option 1: This option will bring permanent power from SCE to power the pathway LED light poles. We will coordinate the electrical service with an SCE planner and submit all the necessary forms and drawings to obtain power from SCE. Power from SCE will Include setting the meter pedestal per SCE design adjacent to the pathway. We will then run underground conduits and wires as needed to power the light poles, irrigation system controls, and the pedestrian traffic signals across the railroad tracks. Because the new light poles will be LEDs, energy consumption will be lower when compared with older types of light poles. Light poles will have individual photocells so each pole will turn on independently to increase reliability. The electrical design will include performing photometric calculations and to ensure proper selection of light poles. Option 2: In this option we will look into using solar power (PV) light poles equipped with battery packs. The pole will consist of an LED light fixture, pole mounted PV panel and a battery pack panel also installed on the pole. This option will not. require power from SCE and the light poles will be running strictly on solar panels. The solar panel will charge the batteries during the day while the lights are off. The light will come on at dark and use energy stored in the batteries to power the lights. This option doesn't require underground conduits, trenching or coordination with SCE. However, this option requires more maintenance because the batteries have limited life and PV panels may require periodic cleaning. We will also Include photometric calculations to ensure adequate lighting. 25F-39 Lincoln Avenue Pedestrian Pathway Connec"I I Park Lane to Santiago Creek CONCEPTUAL PLAN Once we have conducted our initial field site visits, finished the records & utility research, completed geotechnioal evaluations, clarified environmental requirements, received direction on pathway surface treatments as well as wall and fence configurations, and selected the proposed Best Management Practices (BMPs), completion of the Concept Design Plans will occur. The selection of BMPs will be subject to site specific conditions and Tetra Tech will ensure compliance with all regulations and permitting requirements. The Concept Design Submittal Package will include up to five (5) sheets Including; two (2) plan sheets depicting the layout of the proposed path, one (1) sheet for typical sections, and two (2) sheets for details. Tetra Tech understands that work on the 90% and 100% Final Design submittals will not begin until there is approval of the updated Concept Pian (similar to a 30% PS&E level plan). V Final Design - PS&E In order to meet the City's expectations Tetra Tech will develop and deliver detailed Plans, Specifications and Estimates (PS&E) within two submittals. The first one being a 90% PS&E submittal package and the 2nd 100% PS&E being the final submittal package developed at a high level of accuracy ready for project advertisement. Both submittal packages will Include a complete set of plans, specifications, and cost estimate inclusive of the proposed improvements from each discipline covered in this section. PATHWAY SURFACE CIVIL Tetra Tech will prepare the necessary project pathway surface and other civil and drainage design PS&Es work Including sidewalk and curb ramp work as required for any sidewalk, pathway and/ or pavement work based on the chosen surface treatments and any other updates to the original Concept Plan previously developed by the City, Work will be in compliance with ADA and meet the intent of any Bikeway Masterplan documents. The plans will include a demolition plan as well as plan view layouts and profile sheets inclusive of Improvements consistent with the findings from the geotechnical evaluation. Typical Sections will be developed for each of the varying path segments as well as details for each of the proposed improvements. DRAINAGE DESIGN Tetra Tech will prepare the necessary project civil and drainage design PS&Es work including storm drain, Swale, BMP, and any other LID proposed Improvements required to properly convey and treat runoff from the project while meeting all regulatory requirements. Work will be in compliance with City, County Hydrology and VVQMP standards. and- SARWQGB requirements- The plans will include findings from the geotechnical evaluation of the native soil permeability. Pian sheets, details, and typical sections will be prepared as part of the submittal package. If permeability Is found to be low and storm drain Improvements Into Santiago Creek are required, an additional plan and profile sheet along with specific details for connection into the Creek will be included. WALL DESIGN (OPTIONAL TASK) Tetra Tech will prepare the PS&E package necessary to construct the masonry privacy wall and retaining wall, along with the proposed fence adjacent to the existing railroad. The submittal package will Include wall plan and profiles, structural wall sections and details, and signed and stamped structural calculations by an licensed Civil or Structural Engineer in the State of California. The wall will be designed per the current California Building Code (CBC) requirements utilizing the recommendations from the geotechnical evaluation for the proposed retaining wall and fence footings. PATHWAY LIGHTING AND ELECTRICAL DESIGN The lighting and electrical design plans will be based on the City's selection of either Option 1 or 2 in the Conceptual Design phase, Tetra Tech will prepare the necessary pathway lighting and electrical design PS&Es. Tetra Tech will also TETRA TECH 25 25F-40 City of Santa Ana consider if solar powered lighting options may be advisable and recommend an option for the City's consideration for this lighting alternative. As required, coordination with SCE will also be provided by Tetra Tech. LANDSCAPING AND IRRIGATION DESIGN Tetra Tech will prepare the landscaping and irrigation design PS&Es prioritized with drought tolerant and native species of planting options. Plant, tree, and wall vine selection will be based with a sense of plant durability and aesthetic appropriateness for the project pathway and to withstand regular use in the area from the public. TRAFFIC SIGN, STRIPING & DETOUR DESIGN Tetra Tech will prepare PS&E's to Incorporate the traffic signage, striping and pedestrian/bicycle detour signage as appropriate for this active transportation pathway use. This work will be in compliance with the CA MUTCD and ensure safety and appropriate durability of signs and markings with the expectation of regular use by the public. PERMITS 1. The recommended design to retain runoff on-site discussed in the Approach Section will alleviate the need for an extensive permitting and potential environmental Impacts. If the recommended design approach is granted approval from the City, Tetra Tech will coordinate with Region 8 of the Regional Water Quality Control Board (RWQCB), US Army Corps of Engineers, the Orange County Flood Control District (OCFCD), and the California Department of Fish and Wildlife (CDFW) to ensure that all agencies don't require any specific permits. Optional: If the project requires a storm drain improvement to extend into Santiago Creek, Tetra Tech will coordinate and apply for all applicable permits including US Army Corps of Engineers Section 404 and 408 (if applicable) Clean Water Act (CWA) permit application, California Department of Fish and Wildlife (CDFW) 1602 application (If 26 DESIGN SERVICES RFP NO.: 18-042 applicable), NPDES M84 permit, OCFCD Discharge Permit (If applicable), and Regional Water Quality Control Board Region 8 CWA Section 401 Water Quality Standards Certification. Regardless of the drainage approach, Permit compliance will Include Encroachment Permits with Metrolink (SCRRA), CPUC, and the County. Right -of -Entry permits may also likely be required and Tetra Tech will advise if any other permits are necessary, R QUALITY MANA (REMOVED FROM If the Wiected design triggers the nee ora WOMP, etra Tech will coordinate w the City for the Low I act Development (LID requirements on the project a d to prepare a pro t specific Water Quality Manag ant Plan (W MP) Inclusive of percolation and itration It results. Although a previously propose path ay concept exists, our team will provide rec endations for appropriate pathway surface tree nts, BMP types, and drainage Improvem is a in accordance with the City of Santa An standard Santa Ana Regional Water Quality ntrol Board der No. R-8-2009- 0030 and Or ge County WO requirements. At a minim , three alternative su ace treatments will be a lusted and proposed to th City. The propo I will Include their pros/cons, d ability, infiltr tion capability, walkability, ride-abi (fo Icyclists), ADA compliance, maintena qe r ouirements, and cost differentials. STRUCTURAL CALCULATIONS Structural calculations and diagrams for all structural related components will be provided for during the final design. Structural and wail calculations will be checked/confirmed, signed, and stamped by our lead structural Engineer who is a Registered Civil Engineer duly licensed by the State of California and not involved with the original design. The Independent checker will reanalyze the structure and complete the following: Review relevant background, wall calculations and supporting information; 25F-41 Unco/n Avenue Pedestrian Pathway Connectivity i Park Lane to Sandago Creek Review plans for completeness and consistency with the design; Resolve design issues; Recommend wall surface treatments/aesthetics options; .i Check the corrected plans for conformance with prior comments; .1 Review the PROJECT special provisions to ensure all items of work are adequately addressed, and .1 Prepare Quantity calculations: SPECIFICATIONS Tetra Tech will prepare complete contract specifications based on City of Santa Ana Special Provision, and the Standard Specifications for Public Works Construction (Green book 2012). Structural construction documents will follow the latest Caltrans Standard Specifications (Currently 2015). A list of contract pay items with the descriptions, and estimated quantities will be Included in the front of the special provisions in the bid schedule and a definition of bid items defining each pay hem In this schedule will be provided. The Special provisions will be prepared in Microsoft Word and the City will provide the boilerplate special provisions to the Consultant. Tetra Tech will Identify any recommended changes to these special provisions that may be relevant to the success of this project. It is expected that within the Boilerplate specifications, a Definition of Bid Items In addition to the Bid Proposal Schedule will be provided, COST ESTIMATE Tetra Tech will prepare a quantity calculations and cost estimates for all Items that are applicable to this project. Quantifies for all contract pay items will be substantiated by calculations and provided in a be neat and orderly fashion showing all sketches, diagrams, and dimensions necessary to allow them to be used by field Inspectors during construction. All quantity calculations will be checked during our QA/QC process prior to each of the 90% and 100% PS&E submittals. REQUIRED SAFETYTRA/NINGS & PPE Tetra Tech will Identify and obtain all the trainings for any staff encroaching into the work area as required and obtain necessary Personal Protection Equipment (PPE) for affected personnel. Arrangement for PPE and any other required training events will be in conjunction with the City's availability so that the Design Team and City staff can jointly participate, at no cost to the City, to ensure that their PPE approvals are brought up-to- date. Tetra Tech will also arrange any other safety trainings as required related to the Intended project scope and requirements. CONSTRUCTION DOCUMENT SUBMITTAL FORMAT Tetra Tech will provide the 90% PS&E documents for review and approval of the level that includes required Independent design checks. The design plans will include the. =' Four sets (4) full size (24"46") signed and sealed prints of checked design DRAWING LIST SHEET DRAWING TITLE NOS, T-2 Sheet Index, Legend, Abbreviations TETRATECH 27 25F-42 T3 ;NoUce to Coritractorand :. j t.:. ,.. ;=Grading Notes 4-8 Demo Plans C-1 to C-3 71 _.. 47 —e-& C-4 Street Cross Sections :StreetPlanandProfile TETRATECH 27 25F-42 City of Santa Ana Civil Details 14-15 C42 to C-13 &62516 25.2y , Signing and .Wpmg Plans r 1618.....G14 TS -28 Traffic Signal Notes 29.TrafficSi an 30 TS -30 #fl Signal Details 31 SL 31 Street Lightlri Legend `and One;Lihe, 3219 614E-1 Street Light ng Plan 3320, . :8L 3 E 2 ; Street ughfirig 1)etalls 34-3621 L-3+} L-1 Landscape Planting and Construction Plan 33922. .4412 IrrigationPlzn: 39-42 23 L-3 Landscape and Lighting Details Electronic copies of Special Provisions (SSPs) (in MS Word showing tracked changes) with electronic submittals: as SSPs, with 90% level quantities and estimates, pay Item list, design calculations, and draft Reports v' Electronic copies of cost estimate and check quantity calculations Electronic copies of design calculations ra Electronic copies of design check calculations Electronic copies of WOMP and Soils Report to a 90% level Tetra Tech will provide the Final PS&E documents for review and approval of the City in both hardcopy and electronic copy per the RFP requirements and they will be ready to advertise the project for construction. 28 DESIGN SERVICES RFP NO.: 18-042 V Bid & Construction Support Tetra Tech will be available to respond to any questions or items requiring Interpretation In the drawings or specifications are discovered during the bidding period. Our design team will respond to any RFIs (Requests for Information) throughout the Construction and advertisement phases of the project within three working days. Any RFIs will first be analyzed by Tetra Tech and a recommendation will then be provided to the City, and/or through an amendment or change order. Tetra Tech will also be available to review any proposed addenda. Bid and Construction Support Services will also include: F Attending the pre -construction meeting with the successful construction contractor upon notification by the City, Review of submittals and shop plan drawings required to support the construction contract Tetra Tech will complete shop drawings reviews within two (2) weeks of receipt, Contract Change Order reviews will be completed within two (2) working days of receipt. €i Tetra Tech will be available as requested by the City to resolve:discrepancies In the contract documents and understands we have no authority to issue instruction on behalf of the City, or to deputize another to do so. ,: Tetra Tech will prepare and deliver to the City the final as -built plans incorporating field marked prints supplied by the City. All changes to the plans will be incorporated electronically with all necessary revision notations and submitted to the City. An electronic file will be submitted to the City In Microstation V81 CADD and pdf formats for the final as-butit plans via CD, email or through an FTP site as required by the City, V Assumptions and Exclusions - Base map will show record boundary and a full boundary establishment survey will not be performed. i Topographic Survey will be performed by aerial or scan without encroaching Into the rail road ROW. 25F-43 Lincoln Avenue Pedestrian Pathway ConnecbVlty I Perk Lane to Santlago Cmek All Improvements are within the City's Right of Way and/or approved easement. It is expected that the Project is Categorically Exempt from CEQA (since the City has already filed a categorical exemption) and is excluded from NEPA requirements. Tetra Tech will determine if any additional Environmental Documentation is required, and will provide additional scope and fee. t= Offsite Improvements design or engineering is not anticipated or included. We assumed design of approximately 1200 LF of new retaining/screen walls. :. Permits from ACOS, CADFW, and RWQCB, and WQMP are listed as optional items. Efforts will be made during preliminary design to avoid the necessity for permits from these agencies. 4- paveme ` et- be-mqulred: FAccording to the State of California Geological Survey (CGS) Official Earthquake Zones of Required Zone map shown above, the project site is located in Liquefaction Zone. Liquefaction evaluation is not part of this proposal. Q Positive Identification in the field of utilities (e.g., potholing is not included). We are not responsible for utilities not properly marked at the ground surface. If requested, we can subcontract with a private utility locator at an additional cost for completing a geophysical survey of the site so that public or private underground utilities at the proposed boring locations can be identified prior to beginning fieldwork. In cooperation with the Client will obtain the required permits to perform the proposed field investigation activities. It is assumed that our subconsultant (HAI) will obtain "no - fee" permits from the City and all work will be done in the City Right of Way. We also assume that Orange County Well permit is not required for this project. U We assume that borings are not located within Southern California Regional Rail Authority (SCRRA) Right of Way and SCRRA permit is not required for this project. We have also assumed that there are not physical constraints for performing the field Investigation and thus, the field investigation can be performed using conventional drilling equipment. We have assumed that full access will be granted by the City and that professional traffic control Is not needed during field operations. Limited access drilling equipment, If needed, can he provided at an additional fee. r= This proposal specifically excludes the assessment of environmental characteristics, particularly those involving hazardous substances at the site. In the event that obviously suspicious subsurface materials are encountered visually or by odor In the geotechnical test borings, such borings will be Immediately terminated until we receive direction from the Client. We will notify the Client as soon as possible of such an occurrence, and we will both mutually decide whether to continue, modify, or cease the remainder of the drilling program and whether an environmental assessment should be conducted. All added costs incurred because of suspected hazardous substances (e.g. testing and disposal of drilled cuttings) will be charged on a time -and -expense basis over and above the established fees for the site Investigation. s; This proposal assumes that pavement design will avoid a WQMP permit. Thus, no work to prepare a WQMP application is inculded in this scope. V Schedule Tetra Tech will meet the schedule requirements of the ATP Grant. Based on the anticipated Project Design Award Date of July 17th 2018, we can commit to the following schedule for completion of design: PROJECT PHASE D. DURATION 111111111116114 KIM-ZY :.; Phase 1(Investigatlon) 2 months Nov emq!-17; 2p18 Phase 2 (Design): 4 months 204anuaiy March 14, 19 25F-44 TETRA TECH 28 Appendix ._..—------' ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS _ J NOhl-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 rix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Oranee o mty Subscribed and sworn to (or affirmed) before me on this 3_ day of May 2018• by Wayne Richardson _, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. MUEfA, MS I Notary Pubic-00,orala erangeCounty S it Commission Y1169S73 My Gomm. ExP1m Mr 30,1021 otary Public Si ure Notary Public Seal City of Santa Ana RFP Page A3-1 25F-45 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, giant, 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 flails to file the required cer iflcation 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 ter subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Proiect Manager Date 5/31/2018 City of Santa Ana RFP Page A3-2 25F-46 Appendix ATTACHMENT 3-3: NON-DISCREVUNATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders, 6, In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rales, 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. 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 City of Santa Ana RFP Page AM 25F-47 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 sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: T"" Title: Protect Manager Firm: Tetra Tech Date: 5131/2018 City of Santa Ana RFP Page A3-4 25F-48 25F-49 I 'FROMMMMMGWM (VARTINGHUt fTOSJ ENR ArMHOONTOPOFWALL, L4L 1i r ��j L 25F-50 j I Ir 'FROMMMMMGWM (VARTINGHUt fTOSJ ENR ArMHOONTOPOFWALL, L4L 1i r ��j L 25F-50 Senior Staff Page No. MauricioArgente.................................. A-2 Wayne Richardson.................................A-4 Jason Fussel..................................... A-6 JeremyHohnbaum................................ A-8 Support Staff Page No. MikeOlsen......................................A-10 TylerParra.......................................A-12 Kevin Vu .......... ...........................A-14 Ben Hush mand...................................A-16 Mazen Kassar....................................A-18 Todd Cullison..................................... A-20 Heath Pray.......................................A-22 ReneeLongman...................................A-24 25F-51 PRINCIPAL-IN-CHARGEILANDSCAPE ARCHITECT - SAN LUIS OBISPO, CA Mr. Argenta has more than 27 years of combined planning and engineering experience In both the public and private sectors. Education Mr. Argente's main strength Is leading complex multi -disciplinary ; Niasiei•;Arctiltecture Studies,:; projects given his previous experience as a city planner, a :Cat Poly San:Luis.Obispo,; landscape architect, and project manager of teams of engineers and scientists, Mr. Argente possesses unique qualifications to BS,; Landscape Architecture; integrate engineering science with equal attention to environmental : - .. Foly,San Luis Obispo; %-_ and aesthetic concerns. In essence, Mr. Argente Is a landscape 1991:' architect that has a solid understanding of hydrology, hydraulics, earthworks, Infrastructure, and construction, As Increased urban Registrations ` development affects our environment, Mr. Argente has evaluated ::Professional Landscape.; and Implemented solutions that lessen the environmental Impacts of .:Arcfiiteci; CalifofiiaiN& 4129':, projects or turn them Into environmental assets for the communities. .... .. :`.QualiFetl;S.WI?P.P developed•:.;;; j Relevant Experience P(crtascptittiaonner-(QS Pfi)e; dC8eVrt1ifi1PcPateJ': Sixth Street Park, Arts, River and Connectivity (PARC) No -_21105 Project, City of Los Angeles Bureau of Engineering, Los EnvisionTm Sustafnability Angeles, CA. Principal -In -Charge responsible for overseeing the Accredited Professional schematic and final design, environmental documentation and USGBC LEED Certification permitting, public presentations, construction support services, N/orksFiops:; and post -construction services for nearly 12 acres of recreational and open spaces beneath and around the new bridge. The APrgect Management project includes approximately % mile of Improvements within the PSMJ. PM:Workshop :•: Los Angeles River. These Improvements will include bike trails,:. Tetra Tecli,P.rojecr pedestrian access, and softening of the existing concrete lined Management series channel. These. improvements were originally envisioned in the Los Angeles River Revitalization Master Plan that Tetra Tech Profes§Iona) Affiliations::>:<.:' completed. The City's goal Is to make the landscape component ASLA American Society of under the new bridge a world class public space that will Include Landscape Architects: an Arts Plaza, several performance stages, synthetic sports • CELSOC Consulting fields, river terracing, and bicycle and pedestrian pathways. Engmeers.ani Albion Riverside Park Project, City of Los Angeles Bureau of Surveyors of Califotpia Engineering, Los Angeles, CA. Project Manager. Project Manager ears of Experience responsible for overseeing the pre -design services, Including the Envision certification process, forthe Albion Riverside Park project. 27 Tetra Tech Is providing design and construction support services. The project, located adjacent to the Los Angeles River, Involves transforming a six -acre site, previously used for dairy warehousing and distribution, into a riverfront park and recreational facility that will benefit nearby disadvantaged low income neighborhoods. In addition, the City Is using the redeveloped property to Increase the current capacity for managing storm water runoff. This Important water quality project is part of the City's overall efforts through the Proposition 0 Bond Program to Improve water quality and reduce pollutant loads that are currently being conveyed to the rivers, lakes, and oceans within the greater Los Angeles area. 25F-52 Active Transportation Project (ATP) 2 and 3, City of Los Angeles, Bureau of Engineering, Los Angeles, CA. Principal -in -Charge responsible for overseeing design services and support during construction for two active transportation projects: the Boyle Heights Linkage Project Description (ATP 2) and the Arts District Pedestrian/ Cyclist Improvement Project (ATP 3). The goal of ATP 2 is to Improve pedestrian safety and access to the City of Los Angeles' Sixth Street Viaduct and Sixth Street PARC Projects, specifically aiming to Improve the pedestrian circumstances for users of the Aliso Pico Recreation Center, Pecan Recreation Center, and Boyle Heights Technology Youth Center. The project will directly benefit the adjacent tow -income and senior housing community near 4th Street and Clarence Street. The ATP 3 Project will provide pedestrian and cyclist Improvements Including new cycle tracks, bike lanes, bike routes, new and widened sidewalks with curb extensions, new traffic controlled intersections, a new shared street connecting to the new Sixth Street Viaduct Arts Plaza, as well as green street elements. The goal of these two Caltrans Local Assistance Program funded projects Is to Increase the mobility and safety for non -motorized users to achieve the regional agency's greenhouse gas reduction goals, and aid in the enhancement of the public's health. Tetra Tech is currently preparing the Pre -Design Reports for both the ATP 2 and ATP 3 project. Soto Street Bridge over Mission Road and Huntington Drive Bridge Removal and Street Improvement Project, City of Los Angeles Bureau of Engineering, Los Angeles, CA. Project Manager, Mr. Argente was responsible for overseeing engineering design support services during construction including RFls, review of shop drawings, geotechnical engineering support, respondingto requested design changes, and preparing as-bullts for the Soto Street Bridge over Mission Road and Huntington Drive Bridge Removal and Street Improvement Project. Templeton to Atascadero Connector, County of San Luis Obispo, Templeton, CA. Project Manager. Project Manager responsible for overseeing design services for a multi -use pathway Including completing the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) processes, right-of-way acquisition, permits, construction documents and grant administration. The ultimate goal of the pathway network is to provide connectivity between Templeton and Atescadero, facilitating safe and attractive transportation between these two towns and encouraging alternative transportation modes. Bike/Pedestrian Path for Los Angeles River Greenway, City of Los Angeles, Los Angeles, CA. Project Director. Project Director responsible for overseeingthe preparation of PS&E for a new bikepath along the Los Angeles River channel from Winnetka Avenue to Mason Avenue. The proposed bikepath was located inside the channel, requiring modifications to the 25F-53 channel cross section and retaining wall design. Tetra Tech prepared a 2-D hydraulic model to study the effects the new section would have an waving and ramping patterns, in accordance with the Army Corps of Engineers requirements. The project also Included bikeway plans and profiles, signing and striping, lighting plans, and decorative path construction. Tetra Tech also provided construction support services. Shell Beach Road Streetscape Phase I Project, City of Pismo Beach, Pismo Beach, CA,Project Manager, Project Manager for the design of a "total street" reconstruction of 1S blocks of Shell Beach Road In the City of Pismo Beach. The project entails incorporating a new Class 1 Bikeway along an existing Caltrans right-of-way (Highway 101). In addition, the project alms to replace aging utilities, Including: a new 12" water line, new 12" reclaimed water line, undergrounding power and comm. lines, and new storm drain Improvements. The project will incorporate new way -finding and streetscape enhancements Including: pavement enhancements at crosswalks and Intersections, full ADA compliance, street furniture and landscape improvements (Incorporating Low Impact Development techniques). PROJECT MANAGER • IRVINE, CA Mr. Richardson has more then 30 years of comprehensive planning, civil engineering and project management experience ...'Education' on transportation, streets, Infrastructure and municipal capital BS, Civil Engineering;'' < .:.:::: Improvement projects. His direct experience includes the preparation'Unive�sity,of:Tens; Austinr TX;::; and review of public bid documents, and his project management c::1986`` '• . -:, ; ._: experience Includes leading multidisciplinary consultant teams 6S :Urban Riannin ;Univers g and contractors, scheduling, permit processing, and performing - of.. Virginia;_V...19,83. constructability reviews, with the proven ability to execute multiple complex projects on budget and on schedule. He is well versed RegisVatwns .i In transportation -related, public agency, and regulatory agency :Registered Frofess';ona.( .i;";: '-: specifications and requirements.Engineer, California No_ 46808,1991 ' .' Relevant Experience Exposition Line Bikeway, Cheviot Hills, City of Los Angeles Professional BOE, Los Angeles, CA. Mr. Richardson was Project Manager :Professional Af Iliations .' "...- for the Plans Specifications and Estimates for this 3/4 mile bikeway . Arriencan Public Works connection. Wayne lead s multi discipline team of experts through "design _ Ms-oclatton Chair, Streeis & i the excellence" program at the City In the development of a TecHnology, Committee :, Class 1 and Class 2 bikepath, Wayne's value engineering resulted In a'American Planning reduced retaining structures, and Innovative drainage solutions for :Association,; Transpgi cost saving s. ' :'C nfinn -A rlvicnni ("ni irieil :.••.::',':=,1 Active Transportation Project (ATP) 2 and 3, City of Los Years :oT: txpenence Angeles, Bureau of Engineering, Los Angeles, CA. Project 30 Engineer. Responsible for quantity take -off and cost estimate for the Boyle Heights Linkage Project active transportation projects (ATP 2). The goal of ATP 2 is to Improve pedestrian safety and access to the City of Los Angeles' Sixth Street Viaduct and Sixth Street PARC Projects, specifically aiming to Improve the pedestrian circumstances for users of the Aliso Pico Recreation Center, Pecan Recreation y Center, and Boyle Heights Technology Youth Center. A second ATP project, ATP 3, benefits the Downtown Los Angeles Arts District. i The ATP 3 Project will provide pedestrian and cyclist Improvements ' including new cycle tracks, bike lanes, bike routes, new and widened sidewalks with curb extensions, new traffic controlled intersections, a new shared street connecting to the new Sixth Street Viaduct Arts Plaza, as well as green street elements. The goal of these two Caltrans Local Assistance Program funded projects is to increase the mobility and safety for non -motorized users to achieve the regional agency's greenhouse gas reduction goals, and aid In the enhancement of the public's health. Tetra Tech is currently preparing the Pre -Design Reports for both the ATP 2 and ATP 3 project. City of Costa Mesa, Victoria Street Rehabilitation, Costa Mesa, CA. Principal for the rehabilitation of approximately 2.5 miles of arterial roadway, the primary east -west connector from the Santa Ana River to Harbor Boulevard. Project oversight included mill and overlay, utility relocations, traffic signal modifications, restriping, and final PS&E. Performed rigorous cost -benefit analysis for conventional and alternative pavement sections and construction methods. 25F-54 streetscape Improvements and traffic modifications. Reviewed and modified public bid specifications for cost and schedule savings, Incorporating pavement and materials recycling and waste reduction. Templeton to Atascadero Connector Trail, County of San Luis Obispo, Templeton, CA. Quality Control Manager. Responsible for overseeing design services for a multi -use bike and pedestrian pathway. Value engineering was Instrumental in the project success. The ultimate goal of the pathway network is to provide connectivity between Templeton and Atascadero, facilitating safe and attractive transportation between these two towns and encouraging alternative transportation modes. Additionally, responsible for California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) approval, right- of-wayacqulsition, permits, construction documents and grant administration. Shell Beach Road Streetscape Phase I Project, City of Pismo Beach, Pismo Beach, CA. Quality Control Manager. Responsible for the design of a "total street" reconstruction of 18 blocks of Shell Beach Road In the City of Pismo Beach. The project entails Incorporating a new Class 1 Bikeway along an existing Caltrans right-of-way (Highway 101). In addition, the project alms to replace aging utilities, including: a new 12 -Inch water line, new 12 -inch reclaimed water line, undergrounding power and comm. lines, and new storm drain Improvements. The project will Incorporate new way -finding and streetscape enhancements Including: pavement enhancements at crosswalks and intersections, full ADA compliance, street furniture and landscape improvements (Incorporating Low Impact Development techniques), Preliminary and Final Design for Potrero Canyon Park Improvements, City of Los Angeles BOE, Los Angeles, CA. Civil Engineering Advisor and Project Manager to lead a multi -discipline team of experts in the canyon slope stabilization, park improvements, trails and pedestrian facilities for the high profile Pacific Palisades Community adjacent to Pacific Coast Highway. Responsibilities Include leading several City Department and Public Community outreach and consensus building workshops. Mr. Richardson authored the Basis of Design Report and has managed the cost estimates and schedule. His oversight Included the preliminary and final design, Including stream reconstruction, access roadway, trails, modifications and encroachments into Pacific Coast Highway, parking Improvements, and pedestrlan bridge feasibility. Responslbililies included permit processing through the US Army Corp of Engineers, Coastal Commission, CA Dept of Fish and Wildlife, and the Regional Water Quality Control Board. Orangethorpe Avenue Street Widening, Phase 7 and Phase 2, City of Buena Park, CA. Senior Project Manager. Providing PS&E at the 75%, 95% and 1005 stages of the project. Tasks Include providing the City of Buena Park topographic survey, demolition plans, street Improvement plans and profiles, traffic control plans, signage and striping, landscape and irrigation, and cross-sections for street widening alongthe south side of Orangethorpe Avenue to Kass Drive. The project Includes streetscape enhancements with landscaped and hardscaped center Island medians and a city entryway monument. Scope also includes drainage calculations and BMP's In order to meet the requirements of the Santa Ana Regional Quality Control Board. 25F-55 Tetra Tech added value through redesign to reduce impervious coverage, thus eliminating WQMP requirements. Intersection Congestion Management, City of Cerritos, CA. Principal and Senior Project Manager. Prepared PS&E for two arterial intersection improvements and signal modifications, and managed the geotechnical, survey, landscape and right-of-way subconsultants. The Intersections at Carmenita Road and South Street and Bloomfield Avenue and Artesia Boulevard are considered hot spots for congestion and the final design raised the level of service by widening and adding left turn lanes. Sunset Boulevard -Coronado Terrace to Waterloo, Los Angeles, CA. Project Manager. Responsible for preparing the PS&E and management of the multi -discipline team of structural engineers, wall specialists, geotechnical engineers, and landscape architects for the safety Improvements along the right- of-way between Coronado and Waterloo. Founders Park Stormwater Capture Plan, City of Anaheim, Anaheim, CA. Task Manager. Oversaw the conceptual design and the grading, drainage, Infiltration and water quality for this historical park. Environmental challenges included historic preservation, protection of a large old flgtree, water conservation, and onsite drainage and infiltration. Through value engineering, was responsible for obtaining approvals, designing permeable pavement, and the reusing of an existing structure basement as an Infiltration basin. 25F-56 Jason Fussel, . AP,QSD/. QA/QC • SAN LUIS OBISPO, CA Mr. Jason Fussel has over 15 years of experience and has a broad ..._ ` .. .. knowledge of civil engineering stemming from his involvement Educa#'ion In capital Improvement projects across Southern California. HeB;S Civil Engineering;:::`. Is sought after for both his value engineering and his quality Gahfornia Polytechnic State control capabilities. Mr. Fussel's strengths include precise grading lJniversity,, Sari Luis Obispo,.:: , .. and paving, stormwater and water resources, and structures. He excels in the design oversight of plans, specifications, and estimates (PS&E) for public bid. His vast experience will allow him to for technical Registered Professional provide critical reviews quality, cost efficiency, and constructability. Engineer, Ca.0 rnia:No; 70879,`la.nuary'20.07:';'% Relevant Experience :: Registered Professional:Land '.::..; Taylor Yard Bikeway and Pedestrian Bridge, Studio Pall 8uryeyor, California No ,9006 May 2013 ? I Fekete Architects for the City of Los Angeles, Los Angeles, i:. ualifed SWPPP Develo'p'er. CA, Project Engineer and Engineer of Record. Mr, Fussel is responsible for providing civil engineering services for a 420 -feet long ':(QSD): and .Qualifiad"SWPPP; . modern style and aesthetically distinctive pedestrian/bikeway bridge - Practitioner: QS,P. No: 20231;: $eptember2012 crossingthe Los Angeles River. The pedestrian bridge will carrytwo lanes of pedestrian, bicycle traffic, two DWP recycled water lines and EnvisionTM Sustaipabilk ,.' include scenic views of the Los Angeles River. The project will be solar Professional :March 2014,: powered, from the LED bridge and pathway lighting and signage to LEED®Accredited - the Irrigation systems. Professional,.-February'2009 Sixth Street Park, Arts, River and Connectivity (PARC) Professional Aff llatlohs :.; Project, City of Los Angeles Bureau of Engineering, Los Angeles, CA. Technical Advisor. Mr. Fussel is serving as o American :$ociety' of technical advisor for the schematic and final design, environmental Engineers a Califomra Land Surveyors Calif6 iA.L-:.i.n documentation and permitting, public presentations, construction ,. support services, and post -construction services for nearly 12 acres of recreational and open spaces beneath and around the new bridge."`' The includes Vi `Years .ot:Experience.(:::i:; project approximately mile of improvements within the Los Angeles River. These improvements will Include bike trails, 15 pedestrian access, and softening of the existing concrete lined channel. These Improvements were originally envisioned in the Los Angeles River Revitalization Master Plan that Tetra Tech completed. The City's goal Is to make the landscape component under the new bridge a world class public space that will include an Arts Plaza, - several performance stages, synthetic sports fields, riverterracing,------------ or and bicycle and pedestrian pathways. Shell Beach Road Streetscape Project, City of Pismo Beach, Pismo Beach, CA. Project Engineer. Mr. Fussel is serving as Project Engineer for the design of a "total street" reconstruction of 18 blocks of Shell Beach Road in the City of Pismo Beach, The project entails Incorporating a new Class 1 bikeway along an existing Caltrans right-of-way (Highway 101). In addition, the project alms to replace aging utilities, including: a new 12" water line, new 12" reclaimed water line, undergrounding power and communication lines, and new storm drain Improvements. The project will incorporate new 25F-56 enhancements at crosswalks and intersections, full ADA compliance, street furniture and landscape improvements (incorporating Low Impact Development techniques). Mr. Fussel was responsible for designing the layout for the bike path, curb bulbouts, potable and reclaimed water line, National Environmental Policy Act (NEPA) coordination between the City and Caltrans, in addition to a hydrology analysis. Templeton to Atascadefo Connector, County of San Luis Obispo, Templeton, CA. Project Engineer and Assistant Project Manager, Mr. Fussel is responsible for overseeing design services for a mufti -use pathway Including completing the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) processes, right-of-way acquisition, permits, Construction documents and grant administration, The ultimate goal of the pathway network is to provide connectivity between Templeton and Atascadero, facilitating safe and attractive transportation between these two towns and encouraging alternative transportation modes. Riverside Dr, Near Zoo Dr. Bridge Over Los Angeles River, Bridge No. 530- 1298, City of Los Angeles, Los Angeles, CA. Qualified Stormwater Developer (QSD). Mr. Fussel was responsible for providing the Stormwater Pollution Prevention Plan (SWPPP) for the project improvements of this historic bridge. Tetra Tech was contracted to provide environmental documentation and permitting, geotechnical and hydraulic analyses, bridge widening and retrofit, traffic and lighting upgrades, and 100% plans, specifications, and estimates (PS&E) in an effort to fix geometric deficiencies, barrier rail vulnerabilities, structural weaknesses, and Los Angeles River Bicycle Lane Impedance issues. This Is a federally funded project and plan reviews and approvals by Caltrans District 7 and the Federal Highway Administration (FHWA) were required. Vista Canyon Regional Transit Center, City of Santa Clara, CA. Mr. Fussel Is responsible for managing the engineering and design of the project which consisted of civil, structural, mechanical and electrical engineering, as well as architectural design. The project requires close collaboration with the new Vista Canyon development project and the a new Metrolink station. Tetra Tech was contracted to provide design services for a new seven -bay bus transfer station as part of the Vista Canyon Regional Transit Center (VCRTC) within the proposed Vista Canyon Community Development. The VCRTC will add value to the community by providing a safe and efficient transit center, encouraging alternative transportation modes, landscaping vacant property, and improving stormwater quality. Tetra Tech's design services include pedestrian and vehicular circulation, bus canopies, restroom facilities, site fighting, bike lockers, handicapped access ramps, sidewalks, curbs and gutters, benches, real time bus arrival monitors and 25F-57 landscape areas. Camp Roberts Perimeter Road, California Army National Guard, San Miguel, CA. QA/QC Manager. Mr. Fussel was responsible for coordinating geotechnical investigations and the site survey, which Included setting control around the 17 mile perimeter loop, as well as the mobile mapping of the roadway. Additionally, through the design process, Mr. Fussel provided quality assurance and quality control reviews throughout to ensure that the project team met the goals and needs of the California Army National Guard. Significant portions of the perimeter range roads are In a state of disrepair and are well beyond their service life. The existing pavement has numerous potholes, cracks and surface deterioration that have developed over the years due to extreme weather conditions and the need to operate heavy military vehicles. The goal of the project is to bring the roadways up to modern asphalt standards, provide a safe, reliable and usable environment for soldier training and Improve operability and maintainability of roadways. Tetra Tech will be responsible for conducting a pavement condition assessment, topographic survey services (traditional ground and mobile LIDAR), and preparing conceptual and detailed design plans, specifications, and calculations to allow the Government to assemble a bid package for repair of the perimeter range roads. DESIGN LEAD/ CIVIL DESIGN • SAN LUIS OBISPO, CA Mr. Jeremy Hohnbaum has 12 years of engineering design experience that Includes street and bikeway design, structural design, soils Education " :::•'.., . t:: analysis, utility design, water quality regulatory compliance, and BS ,Civil Engineering .' urban infrastructure for cities in southern California. Mr. Hohnbaum Ca*1ifomiaState University at.:... has been Involved with various phases of project design Including Fpilerton; 2006:, field reconnaissance, grant application, alternatives analysis, report s. - preparation, preliminary design, final design, design services during construction, and inspection. RegiSte�sd Profess(onal :.:' Engineer ' i Relevant Experience calitoRiia No.7571b, z010: Vista Canyon Regional Transit Center, City of Santa Clara, Qualified SVVPPP Developer Santa Clara, CA, Project Manager. Mr. Hohnbaum is supervising (Q$D) and -Qualified SWPPP .:. Praptitioger (Q$P)".California preparation of final PS&E's for the 100% design of the project, No :21212:2011 Tetra Tech was contracted to provide design services for a new seven -bay bus transfer station as part of the Vista Canyon Regional LEED AccreditedProfessional,:':. Transit Center (VCRTC) within the proposed Vista Canyon Community 2012: I Development. The VCRTC will add value to the community by Professional Affiliations . providing a safe and efficient transit center, encouraging alternative transportation modes, landscaping vacant property, and improving =Ami ncan Society of Civil stormwater quality. Tetra Tech's design services include pedestrian Engmeera:(ASGE) Orange and vehicular circulation, bus canopies, restroom facilities, site „county.. ... Years of Ezper'ierice.; lighting, blke lockers, handicapped access ramps, sidewalks, curbs and gutters, benches, real time bus arrival monitors and landscape areas, In addition, the Tetra Tech team will provide bid support i services to the City and construction management services. The ' project is subject to contaminated water due to the frequency J and types of modes of traffic used within the transit center and Increased storm water volume due to the bus canopies. Water quality Improvements will be achieved through the implementation of Low Impact Development (LID) design techniques, a critical part of the design. Elements such as bloswale/bioretentlon areas, grass areas, and planters are Integrated Into the design of the transit center. These LID elements will be constructed to prevent an Increase In storm water volume as well as storm water infiltration and to filter storm water runoff. The LID elements will be sized to meet the requirements set by the City's Standard Urban Storm Water Mitigation Plan (SUSMP). Oso Creek Multi -Use Trail, City of Laguna Niguel, Laguna Niguel, CA. Project Engineer. Mr. Hohnbaum was responsible for the preparation of drainage and water quality portions of the final plans, specifications, and estimates for a multi -use trail along the western edge of Forbes Road, between Its terminus at the Three Flags Commercial Center to the north and the Metrolink Commuter Rail Transit Station to the south. This multi -use trail Included a 12 -foot wide pervious asphalt section adjacent to a 10 -foot wide decomposed -granite section. The AC trail serves as the Orange County Flood Control District's maintenance road for the Oso Creek Channel. The project funding source required that the project implement 25F-58 water quality features within the project limits. As such, the project Included a blo-retention parkway approximately 650 -feet long by 15 -feet wide. Additional Improvements included hardscape enhancements, such as boulders and cobble stone, decorative crosswalk designs, street furniture and related bike and equestrian amenities, decorative fencing, and street/trail way -finding and Interpretive signage. Carriage Crest Park, City of Carson, Carson, CA, Project Engineer, Mr. Hohnbaum Is providing design services to prepare final plans, specifications and estimates (PS&E's) for the 100% design of the project. Tetra Tech was contracted to provide a Project Engineering Study Report (PESR) that represents 10% design completion level and describes the evaluation of the site including all site investigation, hydrology and hydraulic., and water quality data and analyses to provide a recommendation for BMP selection. Subsequent to the PESR, Tetra Tech is contracted to provide design services for the plans, specifications, and cost estimates (PS&E's) for the 100% design, The design for Carriage Crest Park was prepared in accordance with the City of Carson's contributions to the Dominguez Channel Watershed Management Area Group Enhanced Watershed Management Program. In order to meet the goals of the PESR, the project implemented an underground diversion structure which diverts runoff through a pretreatment device prior to discharging to an underground reservoir. A pump station then discharges the captured runoff into a sewer line during off peak hours to be treated and potentially used as reclaimed water. Caruthers Park Project, City of Bellflower, Bellflower, CA. Project Engineer. Mr. Hohnbaum Is currently providing design services to prepare final PS&E's for the 100% design of the project. Tetra Tech was contracted to provide pre - design, design, and construction support services for this Caltrans funded stormwater capture project. Tetra Tech is providing a Project Engineering Study Report that Includes all necessary analyses to provide a recommendation for regional stormwater capture treatment and Implementation. The analysis identifies the existing site hydrology, water quality, and hydraulics to determine an optimal combination of the Inflow rate, storage volume, and outflow. The Caruthers Park Project consists of a gravity diversion from two separate Los Angeles County Flood Control District storm drain lines; a 72" RCP line that drains 261 acres of the Los Cerritos Channel, and a 38' wide rectangular concrete channel that drains 2,995 acres of the Lower San Gabriel River. The diverted flows pass through a pretreatment system to remove trash, debris, and sediment. The runoff is then passed into a large burled mufti - chambered storage/inflhration facilitythat will be treated and used to Irrigate the park. Flows in excess of the required irrigation demands will pass into the Infiltration gallery to be exflltrated through the soil to eventually combine with the ground water. It is anticipated that the system will use active controls to monitor the weather conditions and empty the facility through a secured cloud -based system. 25F-59 Bolivar Park Project, City of Lakewood, Lakewood, CA. Project Engineer. Mr. Hohnbaum Is responsible for the design services to prepare final plans, specifications and estimates as well as the construction services which Included technical support and guidance while reviewing, approving, and respondingto construction submittals and RR's. Tetra Tech was contracted to evaluate the potential site location and develop this stormwater runoff and capture project. The project consists of an air -inflated rubber dam diversion system to re -direct all urban runoff and stormwater runoff from the Del Amo channel through a pre-treatment system to remove trash, debris, and sediment, A pump station and drainage pipeline will convey the water Into a large, burled mufti - chambered storage/infiltration facility. The stormwater collected In the underground reservoir will be treated and used to Irrigate the park's landscaped areas, The system will monitor the weather conditions and the facility through a securedbloud-based system. The underground storage system Is 2.8 million gallons (8.7 ac -ft). 25F-60 STRUCTURAL- IRVINE, CA, Mr, Olsen has been a part of the Tetra Tech team for seven years and contributes his extensive structural engineering knowledge from `Education his Involvement In municipal, Industrial and federal projects. He has -'M Sid I, il`Engineering'• completed a variety of projects varying In size and funding for both (Structural Emphasis); public and private entities. ;;California S[atiii? .ech°nic Mr, Olsen's experience Includes design, analysis, detailing and University; Pomoria,:2016:.' :. construction In structural engineering. He is knowledgeable In BS C.ivd Enginng reinforced concrete, pre-and posttensloned concrete, reinforced Cfda State PoI ethnic alirrnYt masonry, steel and timber construction for a variety of building ~Universi U . , 0moga, 2009, ,..: `•; MagnwCum. Laude-- and infrastructure projects including reservoirs, water/wastewater treatment facilities, pump stations, bridge, buried concrete vaults, " Registrations pipeline structures, bridges, as well as seismic retrofit of existing Professional Engineer structures. Mr. Olsen has extensive working knowledge of the ; dalifomia; No, 6194420131". California Building Code (CBC), International Building Code (IBC) and _ Cal OEs. Safety Assessment their application to civil and structural engineering projects. Program-Evaluator: Mr. Olsen Is experienced with a variety of design software programs f. professional Affiliations'-. including RISA-31), RISA Foundation, RISA Floor, ENERCALC SEL, <>.Ghi. Epsilon= Civil, Engineering:..;, L-PILE, RetalnPro and Hilt! PROMS Anchor. Honor Society _ ,Cal Poly , Relevant Experience Pomona Tau beta Pi Engineenng Honor Sixth Street Park, Arts, River and Connectivity (PARC):Society =,Gal. Poly Project, City of Los Angeles Bureau of Engineering, Los Structural Erigiitute. peering Inst:: StrUcand Angeles, CA. Structural Design Lead. Responsible for the 1Jlemtier:pf.QSGE.; schematic and final design, environmental and construction support ; :..+.:.:.. services, and post-construction services for nearly 12 acres of Years of Exodirle ce..•.. , recreational and open spaces beneath and around the new bridge. 7 The project includes approximately 1/2mile of improvements withinZi the Los Angeles River. These Improvements will Include bike trails, pedestrian access, and softening of the existing concrete lined channel. These Improvements were originally envisioned in the Los Angeles River Revitalization Master Plan that Tetra Tech completed, The City's goal Is to make the landscape component under the new bridge a world class public space that will Include an Arts Plaza, several performance stages, synthetic sports fields, river terracing, and bicycle and pedestrian pathways. Riverside Regional Water Quality Control Plant Levee Rehabilitation, City of Riverside Department of Public Works, Riverside, CA. Structural Design Engineer. Preliminary and final design services for levee and floodwall Improvements to provide 100-year flood protection for the wastewater treatment plant. The existing 3,900 foot long levee will be raised by as much as 10-feet using a combination of levee raise and floodwalls over a 2,100-foot long portion of Its length, to provide 100-year flood protection from the Santa Ana River, which runs directly adjacent to the plant along its north side. The design features a bike path on top of the levee, as well as a security fence for the treatment plant, Integrated Into the floodwall design. Structural analysis and design of the floodwalls 25F-60 were In accordance with FEMA and USACE requirements, using the USAGE computer program "CTWALL", to analyze the different wall sections for stability in accordance with USACE EM 1110- 2-2502, Engineering and Design - Retaining and Flood Walls. Templeton to Atascadero Connector, County of San Luis Obispo, Templeton, CA, Structural Design Engineer. Responsible for the preliminary design concept for the pedestrian bridge support system and approach slabs, as well as selecting the bridge superstructure type. Tetra Tech was contracted to provide design services for a mufti -use pathway including completing the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) processes, right-of-way acquisition, permits, construction documents and grant administration. The ultimate goal of the pathway network is to provide connectivity between Templeton and Atascadero, facilitating safe and attractive transportation between these two towns and encouraging alternative transportation modes. Sand Canyon Trail Phase IV, Alta Planning + Design for the City of Santa Clarita, Santa Clarlta, CA. Lead Structural Design Engineer. Responsible for providing bridge design services Including crossing plans, foundation recommendations, cost estimates, and bridge type selection reports. The Sand Canyon Trail Corridor provides access for cyclists, hikers, and equestrians and connects the Santa Clarita Valley to the northeast San Fernando Valley. In order to preserve the natural environment, the 0.8 mile extension of the multi -use trail will require three bridges. Arroyo Park Pedestrian Bridge Replacement, City of Santa Clarita, Santa Clarita, CA. Engineer of Record and Project Manager for the plans, specification and estimate. The City of Santa Clarita (City), In conjunction with the Landscape Maintenance District (LMD), maintains 25 pedestrian bridges and 5 under crossings that fink the paseo system In the Valencia North and South neighborhoods in the City of Santa Clarita. The City proposes to replace the last timber bridge located on Arroyo Park Drive, 0.6 miles west of McBean Parkway, with a pre -fabricated steel truss structure. Tetra Tech was hired to finalize the design and complete detailed construction Pians, Specifications, and Estimate (PS&E) of the proposed bridge replacement and additional support services as needed by the City. The biggest challenge that faces the Arroyo Park Pedestrian Bridge Replacement project is Arroyo Park Drive itself. Arroyo Park Drive is a residential roadway and has traffic throughout the day. Coordination during the demolition of the existing bridge and during final assembly and erection of the new pre -fabricated bridge will be key to the project success. These major construction activities will most likely require full closure of Arroyo Park Drive, Tetra Tech is experienced in the preparation of traffic control plans within the City and will work once again to minimize the Impact to the public. Vista Canyon Bridge over the Santa Clara River, Design for Vista Canyon Ranch LLC, Santa Clarita, CA. Lead Structural Design Engineer. Responsible for the design and construction of a new bridge over the Santa Clara River for access from the Highway 14 to the new 25F-61 Vista Canyon Ranch development. The Vista Canyon Road Bridge will span approximately 7801- 0" feet with an overall width of approximately 64-5". The proposed bridge consists of two 14'-0" lanes and a 12'-0" median/emergency lane on the west side, and a 5'-0" raised planter. The structure will consist of a 9 -span, precast, prestressed concrete ]-girder supported on reinforced concrete walls, seat - type abutments and foundations are anticipated to consist of driven steel piles. Haena State Park Bridge Design, Hanakapi'ai Beach Bridge improvement Project, State of Hawaii Department of Lands and Natural Resources, Kapaa, Kauai, HI. Structural Project Engineer. Responsible for preparation of Concept Design and Bridge Type Selection Report to determine the most suitable bridge type and bridge location for the Kalalau Trail crossing of the Hanakapi'ai Stream at Hanakapi'al Beach, Hawaii. Hanakapl'ai Beach Is a well visited stop along the Kalalau Trail, located two miles from Ha`ena State Park. Mr. Olsen was responsible for overseeing the structural engineering design, coordination of geotechnical studies and overall bridge design. Plans, Specifications and Estimates are currently being completed with DLNR. Hanakapl'ai Beach is remote and difficult to reach, and can only be accessed from the foot trail, by boat, or by helicopter. The goal of the project is to provide a safe crossing over the stream during the periodic flood events that frequently occur and to reduce the need for State resources, which includes airlifting visitors across the stream via helicopter. CIVIL DESIGN- IRVINE, CA, Mr. Parra has experience In the design of residential, commercial, '.. and municipal development projects. He is proflolent In the design Education and preparation of construction documents for design of roads, C'Lvil Engineering,'._ highways, bike paths, and parkingereas, Including signing and C.411 .rnia.PolyteciinicState " . . striping plans. UniJersi(y; San'Lu'is'Otiispo;. .: Mr. Parra has comprehensive knowledge of AutoCAD Civil 3D, Regiis... it ns ': AutoCAD 2014, GIS, as well as various hydraulic/hydrologic analysis Engine.er-in Training(El T�,`-. ; software programs to solve complex engineering Issues and to California; N'.1 2718 .. analyze the interaction of utilities, grading, and drainage during years of.'Experience the design process. He is experienced In WaterCAD, StormCAD, - FlowMaster, HEC -RAS, HEC HMS, EPA SWMM, HCS 2010 and MATLAS programming. Mr. Parra has experience implementing the State Water Board requirements for preventing and mitigating stormwater pollutants and assisting In preparing Stormwater Pollution Prevention Plans (SWPPP). He is also experienced In preparing WQMP's and SUSMP's for development and redevelopment projects. Relevant Experience Pacoima Wash Mountain Bikeway, Mia Lehrer and Associates for Mountains Recreation & Conservation Authority (MRCA), Los Angeles, CA. Design Engineer responsible for preparing hydrology and hydraulic calculations for mod'rfications and additions to the storm drain system for the proposed pedestrian bridge over Pacoima Wash. Tetra Tech was contracted by landscape architects Mia Lehrer + Associates (MLA) to prepare the plans, specs, and estimates for the design and construction of a 3,25 -mile Class I Bikeway, including multi -phase planning, design coordination, administrative approval process and preparation of engineering and :: ; • "f`:- . :-`. construction plans. The new bikeway connects densely -populated areas of the San Fernando Valley to each other, to existing future parks and amenities, and to the Angeles National Forest. The design of the Class I bike path consists of protective fencing along the wash, signage and striping of existing service roads, approximately 1.5 miles paved areas, striping of street crossings, protected crossing of a rail bridge, Inclusion of additional bridge crossings over Pacoima Wash, and native landscape planting and irrigation. The bikeway will be planned as multi -use (bicycle, pedestrian and equestrian) and where space allows, a separate and protected path for pedestrians will be Incorporated into the design for maximum safety of users. Upper San Gabriel EWMP Stormwater Capture Projects, City of Industry, Various Locations, CA. Design Engineer. Development of the site Improvements, diversion structure, pretreatment, underground storage reservoirs, and piping systems. Tetra Tech was contracted by the City of Industry to evaluate seven potential site locations for the development of the Upper 25F-62 San Gabriel EWMP Stormwater Capture Project: Allen J. Martin Park, Barnes Park, Cortez Park, Flnkbiner Park, La Puente Park, San Angelo Park, and Wingate Park site. The project components will Include a diversion structure to divert water from one of the major flood control channels, a pretreatment structure to remove debris from the runoff, and an underground structure to infiltrate or capture the water that will be treated for landscape Irrigation use. Caruthers Park Stormwater and Urban Runoff Capture Project, Bellflower, CA. Design Engineer. Development of the site Improvements, diversion structure, pretreatment, underground storage reservoirs, and piping systems. Tetra Tech was contracted by the City of Bellflower to prepare Improvement plans for the existing Caruthers Park adjacent to the San Gabriel River located In the City of Bellflower. The project components include a diversion structure to divert water from one of the major flood control channels, a pretreatment structure to remove debris from the runoff, and an underground structure to Infiltrate or capture the water that will be treated for landscape Irrigation use. GRIP Advanced Water Treatment Facility, WRD, Pico Rivera, CA. Design Engineer. Development of site plans, parking stall, curb and gutter configurations, drainage, grading, and retaining walls. Tetra Tech was contracted by the Water Replenishment District of Southern California to design an Advanced Water Treatment Facility (AWTF) Including precise grading, preparation of hydrology and hydraulic calculations for the site drainage, curb, gutter, and sidewalk designs. California State University Long Beach, Lot 7 Parking Area Renovation, Long Beach, CA. Design Engineer. Development of site plans, parking stall, curb and gutter configurations, drainage, grading, and retaining walls. The University developed a conceptual plan showing the reconfiguration and renovation of Parking Lot 7 to increase the total number of spots, Improve circulation, end create an enhanced entrance to the southeast portion of the campus. Tetra Tech was contracted to prepare final construction plans including precise grading, storm drain Improvement plans, preparation of hydrology and hydraulic calculations for the site drainage, curb, gutter, and sidewalk designs. Orangethorpe Avenue Widening, Phase 11, Indiana Avenue to Kass Drive, City of Buena Park, Buena Park, CA. Design Engineer. Responsible for the development of plan and profile, geometric design, conceptual striping plans, drainage, utilities research and relocation. Tetra Tech Is providing topographic surveys, plans and profile design sheets, traffic control sheets, striping sheets and cross- sections for street widening along the south side of Orangethorpe Avenue. Patton Basin Drainage Outlet, City of San Bernardino, Public Works Department, San Bernardino, CA. Design Engineer. Responsible for hydrology and hydraulic calculations, site plans, development of 48 -inch drainage pipe and outlet plan and profile. Tetra Tech is providing preliminary engineering design Including site investigation, data collection, hydrology and hydraulic 25F-63 analysis to repair the badly damaged drainage system caused by years of excessive discharges In combination with surface runoff which led to the undermining of 48 -Inch RCP and collapse of the outlet system and concrete chute off of Victoria Boulevard. Newhall Ranch Land Development, Mission Village, The Newhall Land and Farming Company, Valencia, CA. Design Engineer. Development of street plans, profile sheet sets, slgning and striping in compliance with county codes and regulations. Performed engineering analysis to ensure functionality in the roadway and intersection designs with the safety of road users in mind. The Mission Village project consisted of the development of residences Including townhomes, condominiums, apartments and single-family homes to create a new "downtown" urban living environment. La Palma and State Collar Boulevard Intersection, City of Anaheim, Anaheim, CA. Design Engineer. Responsible for the development of plan and profile, geometric design, and conceptual striping plans. Tetra Tech Is providing topographic surveys, plans and profile design sheets, traffic control sheets, and striping sheets for street widening at the Intersection of East La Palma Avenue and North State College Boulevard. GEOMETRiCS/ADA COMPLIANCE ! PROJECT ENGINEER ^ IRVINE, CA, Mr. Vu has more than 22 years of civil engineering and design experience. His background includes extensive road, utility, water, sewer and storm drain design for public agencies. His experience �BS, Civil Fngirieering, includes coordination with stakeholders Including state and local ":Univetsity.of California, Irvine,;.:; agencies, utility companies, as well as private businesses to 1995 successfully deliver complex projects. Mr. Vu has a solid working Registrations knowledge of AutoCAD, Land Desktop Development, Civil 31), MlcroStatlon V81, Civil Design, AES, WSPG, FlowMaster, and MORALiceriseil:Professorial ':. ;::;.;•: software. I ri,Calif6rnia;; 61015;2000::'::,,: Relevant Experience Years' of. Experience- `.'.;:•: Active Transportation Project (ATP) 2 and 3, City of Los Angeles, Bureau of Engineering, Los Angeles, CA. Project Engineer. Responsible for quantity takeoff and cost estimate for the :.:::.. . Boyle Heights Linkage Project active transportation projects (ATP 2). The goal of ATP 2 is to improve pedestrian safety and access to the City of Los Angeles' Sixth Street Viaduct and Sixth Street PARC Projects, specifically aiming to improve the pedestrian circumstances for users of the Aliso Pico Recreation Center, Pecan Recreation Center, and Boyle Heights Technology Youth Center. A second ATP project, ATP 3 , benefits the Downtown Los Angeles Arts District. The ATP 3 Project will provide pedestrian and cyclist Improvements including new cycle tracks, bike lanes, bike routes, new and widened sidewalks with curb extensions, new traffic controlled intersections, a new shared street connecting to the now Sixth Street Viaduct Arts Plaza, as well as green street elements. The goal of these two Caltrans Local Assistance Program funded projects is to Increase the mobility and safety for non -motorized users to achieve the regional agency's greenhouse gas reduction goals, and aid In the enhancement of the pubAc's health. Tetra Tech is currently preparing the Pre -Design Reports for both the ATP 2 and ATP 3 project. Realignment of Culver Boulevard, City of Culver City, Culver City, CA. Project Engineer. Responsible for pavement design, utility relocation, roadway plans and profiles, and ADA ramps. Tetra Tech is contracted by the City of Culver City to prepare final construction plans and specifications for the widening of Culver Boulevard between Sepulveda Boulevard and Hands Street. The project consists of roadway reconfiguration, Including new raised median on Culver Boulevard separating east and west bound traffic lanes and left turn pockets, reconfiguration of the existing raised landscaped bicycle and pedestrian median on the north side of Culver Boulevard, new traffic signals, sidewalk replacement, street lighting replacement, bus pads, drought -resistant landscaping for the medians, and a bloswale in the north median to capture water run-off. Potrero Canyon Park Development Project, City of Los Angeles, Bureau of Engineering, Los Angeles, CA. Design Engineer, Responsible for preparing the final Plans, Specification, 25F-64 of Potrero Canyon, requiring stabilizing the canyon walls, creating a natural riparian park with native vegetation, Including an Intermittent natural water way that will be fed by cleansed stormwater. Metro — Cerritos Hotspots, Los Angeles Metro, Los Angeles, CA. Lead Design Engineer. Performed intersection Improvements to reduce congestion for two arterial roadways. Responsibilities Included roadway plan and profile, striping plan, typical pavement sections and cost estimates. The project added one additional left -turn lane north and south bound at Bloomfield Avenue and Artesia Boulevard, and one additional south bound left -turn lane at Carmenita Road and South Street. Owens Lake Dust Control Mitigation Project, Phase T5.1 and 7a, City of Los Angeles, Department of Water and Power, Los Angeles, CA. Project Engineer. Responsible for multiple design, multi -agency coordination, as -built drawing searches, and submittal package preparation. Performed engineering calculations for pipeline control data and for the previous Phase T5-1 of the project. This dust control mitigation project prevented the dust from becoming airborne around the Owens Lake area, which has dried because of the City of Los Angeles' diversion of water from the Owens River for water supply. Phase 7a Included a 6 -mile area and involved the Great Basin Unified Air Pollution Control District requiring the City to provide mitigation of air quality while protecting water rights. Mr. Vu's work involved the preliminary design and development of a Design -Build RFP for the construction of a flood Irrigation system for T5-1, Including the design of a water pump, irrigation layout, and filtration system modification. 1.405 Improvements Project, Orange County Transit Authority (OCTA), Orange County, CA. Utility Engineer, Developed the utility relocations for 54 utility owners Impacted by the 1-405 Improvements Project, The project Includes 150 utility conflicts for a total utilities scope of work worth over $400M. Tasks included identifying and recommending relocations, cost estimating, and plans of action regarding impacted utilities. Additional duties included the Investigation of real estate prior rights, ownership, property acquisition and feasibility studies regarding relocation of large sewers, water mains, and other utilities. Rosedale Highway Widening Project, City of Bakersfield, Bakersfield, CA. Senior Project Engineer, Responsible for roadway plan and profile, striping plan, pavement delineation, drainage design, drainage plans and profiles, hydrology and hydraulic calculations, and final PS&E. The project Included adding two additional lanes for each way, removing and replacing all existing storm drain facilities that were affected by the widening, and verify and confirm the adequate capacity of offsite detention basins. 25F-65 Raymond Avenue Railroad Grade Separation Design Review, Orange County Transit Authority (OCTA), Fullerton, CA. Project Engineer. Responsible for the roadway design, constructabllity and bid document reviews, The project scope included lowering Raymond Avenue below the BNSF tracks and Valencia Drive, a local road located adjacent to the tracks, to alleviate existing and potential Impacts to motorists and the environment. The BNSF corridor runs east/west through the City of Fullerton. Raymond Avenue is one of three remaining at -grade crossings on arterial streets within the city. The project was one of seven grade separation projects designed along the BNSF Orangethorps Railroad Corridor under the program management of OCTA. Tasks Included coordinating between disciplines to receive a final PS&E from design engineers and distribute to reviewers. Also, responsible for review of the roadway PS&E documents. The Crenshaw/LAX Transit drrridor Project, Los Angeles Metro, Los Angeles, CA. Project Engineer. Responsible for the discovery research to Identify utility groups and obtain records and documents relative to as-builts and substructures, and conducting field surveys to verify all existing underground and overhead facilities and proposed relocations. The projects 8.5 -mile line will connect the Metro Green Line and the Expo Line currently under construction at Crenshaw and Exposition Boulevards. This role required extensive Interaction with utility companies and local agencies, including, but not limited to: LAWA, City of Inglewood DPW, LADWR LABOE, and LACFCD. Dr. Hushmand has more than 30 years of experience In geotechnical and environmental design, research, testing, and applications, specializing in soil dynamics and analysis and design of soll-structure systems. He has managed and acted as lead engineer in some of the most challenging national and private projects of the last two decades involving seismic hazard evaluations and geotechnical Investigations for large public works, Including transportation, port and marine, water resources, Industrial, and commercial projects; design and seismic evaluation of critical facilities such as schools and hospitals, police stations, 911 centers, and traffic management centers; dynamic load response evaluation of bridges, dams, and underground structures; development of large databases for load carrying capacity of highway bridges and culverts; Ilquefactlon potential evaluations for dams and marine structures; soil -structure Interaction problems of foundations and retaining structures; site- specific seismicity evaluations; physical modeling similitude studies of engineering and geologic systems at normal and elevated gravity; and large scale subsurface exploration and geotechnical design of buried structures, Dr. Hushmand has worked on many projects studying the dynamic behavior of shallow foundations, piles, gravity base offshore platforms, dams, bridges, retaining walls, and liquefiable soils. He has specialized expertise related to experimental and computer modeling studies of the dynamic response of ports, bridges, landfills, earth structures and shallow and deep foundations. His broad and extensive background in dynamic testing has been recognized Internationally, and he Is one of a select cadre of renowned experts in this field. Relevant Experience Sixth Street Viaduct Replacement & Park Projects, Los Angeles, CA. Project Manager responsible for performing Environmental Phase II and Phase 111 Site Assessment studies on the site subsurface soil conditions at Sixth Street Viaduct for environmental evaluation, and characterizing subsurface soil conditions. HAI is currently providing environmental and geotechnical site Investigations for the viaduct replacement project and for a park and recreational facility along the bridge alignment by LA River. The services Include performing field Investigation consisting of soil vapor and soil sampling, laboratory testing of the obtained soil vapor and soli samples, and providing recommendations for handling observed contamination at the project sites. Client City of Los Angeles, TY Lin International, Tetra Tech First Street Viaduct Seismic Retrofit over Glendale Boulevard, Los Angeles, CA. Project Manager and Principal Engineer responsible for the environmental assessment and geotechnical and seismic engineering design of Seismic Retrofit and 25F-66 GEOTECHNICAL- IRVINE, CA, Los Angeles. HAI scope of services consisted of: 1) Review existing geotechnical and environmental data, 2) Drill and sample within the top 80 feet of subsurface materials at two locations, 3) Screen collected soil samples for volatile organic compounds (VOC)s, 4) Perform geotechnical, environmental, and analytical laboratory testing, 5) Provide seismic and foundation design parameters, and 6) Prepare a written report presenting our findings, conclusions and recommendations pertaining to the geotechnical and environmental conditions of the site subsurface soils. Provided seismic and foundation design recommendations for the proposed seismic retrofit of the bridge. Our recommendations were based on previous work performed by CH2M and supplemental geotechnical exploration performed by HAI In 2012. Our scope of work Included evaluation of lateral and axial capacities and recommendations for excavation and construction of CIDH plies as well as design and construction recommendations for pile caps, abutments walls, dewatering and environmental monitoring, roadway Improvements, new cantilever retaining walls for abutment approaches, and trenching and temporary shoring. HAI is currently providing geotechnical and environmental engineering support services during construction activities. Client: City of Los Angeles, MGE Engineering, MGE Engineering, David Evans Associates/Kleinfelder/ Simon Wong Riverside Drive near Zoo Drive over Los Angeles River, Glendale, CA. Principal Engineer/ Project Peer Reviewer responsible for project quality assurance. HAI, as the project geotechnical engineer of record, is currently providing design change and construction quality assurance services during construction of the bridge widening. HAI is providing design review services for the foundation system; field observation services during Installation of shoring and pile driving activities; field observation and testing of site soils during grading activities; and field measurements of vibration and noise during construction activities. Client: Tetra Tech / City of Los Angeles, 2016-2017, State Street Bridge Widening, Los Angeles, CA. Project Manager responsible for performing Phase II Environmental Site Assessment study on the subsurface soil conditions at State Street Bridge over SCRRA and Busway for environmental evaluation, and characterizing subsurface soil conditions. HAI is currently providing environmental site Investigation, and laboratory testing services for the project. The services Include performing field investigation consisting of soil and groundwater sampling, laboratory testing of the obtained soil and groundwater samples, and providing recommendations for handling observed contamination at the project site. Client: HNTB / City of Los Angeles Soto Street Bridge Removal over Mission Road and Huntington Drive, Los Angeles, CA. Project Manager responsible for providing geotechnical and environmental engineering support and recommendations for excavations and for mitigation of the existing bridge foundations Impact on road pavements. HAI prepared a comprehensive work plan for additional Phase II environmental investigation at the existing bridge abutments to complement environmental data collected by the contractor and perform detailed value engineering to minimize cost of contaminated soil disposal. HAI is also performing noise and vibration monitoring to minimize the Impact of the construction on the nearby residents and commercial facilities, particularly the potential damage and claims related to demolition activities. Client: City of Los Angeles, Tetra Tech North Spring Viaduct Seismic Retrofit and Widening over Los Angeles River, Los Angeles, CA. Project Manager responsible for providing additional data on the site subsurface soil conditions at North Spring Viaduct for constructability and environmental evaluation, and characterizing subsurface soil conditions. HAI is currently providing geotechnical engineering testing, analysis and vibration monitoring services during construction of the seismic retrofit and widening of North Spring Viaduct. The services Include performing engineering evaluations and analyses for as - needed design changes and for facilitating construction process; observing and documenting shoring and tieback installation, pile driving and CIDH construction for bridge foundations; performing pile drivabllity analysis and Pile Dynamic Analysis (PDA) tests; and providing vibration monitoring, documentation, and mitigation recommendations. Client: City of Los Angeles, Klmley-Horn 25F-67 ELECTRICAULIGHTING• IRVINE, CA, Mr. Mazen Kassar has more than 25 years of experience in electrical > ' " engineering and industry standard that include electrical engineering >''Education:: staff management, project management, construction management BS Electrical,: Engineerfng; and supervision, water and wastewater treatment, petro -chemical Califomia.State .University ,. design, and environmental soil and groundwater treatment. His ":-Long`Breach; 1990':.'. background Includes designing medium and low voltage power ;Registrations' distribution, designing instrumentation, control systems and SCADA systems for a wide -variety of projects, and the Installation '"Professional Electrical of electrical systems for remediation projects, Including soil vapor 'E ngineeF�CaliforniarNo.= , extraction systems and groundwater pump -and -treat systems. Other 1580.9, 1998 experience Includes, working with utility companies to provide new Genefal Construe#Ion Class B electrical service to new projects, working with local Building and No.7I7845;:Ca1ifomia;:2008 Safety Departments to obtain Pian Check and construction permits, tor.-.'. C,,.10: Electncal,., Paid trouble shooting of electrical and mechanical systems, system California Class G- Specialty; commissioning and startup, problem solving, and managing an No.77,7845,2000 "•.. ; < i.::; i operation and maintenance department. He has strong knowledge In . MS Office and AutoCAD. ETAP'ElecVicef Power.::'.'r` =i Modeling,. 2010':- Relevant Experience Project Management I & 11 ' SJVWB-ERRP Phase 1 Well Equipping and Treatment 2012;: Facilities Preliminary Design, Eastern Municpal Water District, San Jacinto, CA. Supervising the electrical design GE aridAllena3radley,ALC',; for a project that Includes preparation of a Preliminary Design pfogrammmg; 2004" Report with an evaluation of the pipeline corridors from four wells GEflnte)lution and'` to a central treatment plant, review of treatment technology for Wonderware SCADA iron and manganese removal,. disinfection using chloramines, ro ram booster pump station and reservoir and well equipping evaluation. Vapor.elextraction' Preliminary design drawings will be prepared to a 30% design level that addresses the civil site, mechanical, process, electrical and Grouridwater.•Treatmen[;::1931,''i Instrumentation components of the treatment and blending facility, OSHA 8 -hour Hazardous site work and pipeline plan and profile sheets. Project field work will r""Waste Operations;A'rinual: consist of a geotechnical investigation of the well sites, treatment Refresher Training, plant and pipeline corridors, aerial and ground survey, potholing and O$HA'B-lioiir.Haiardous..'"'::: ccrro slop analysis. Waste: , Operations Site : Well 21&22 Desalter Plant, Irvine Ranch Water District, SuperiiisgrTranng;1992 ` , . Irvine, CA. Wells 21 and 22 Reverse Osmosis (RO) Treatment OSHA hour H.azardous Plant is designed to remove solids from well water and provide ..40 Waste'Ope...... s Training, . potable water source. The design consisted of providing all design- build services to construct a fully operational reverse osmosis water treatment plant including, but not limited to: Pretreatment .ro .essional;AffIll. Ions chemical systems, high pressure feed pumps, reverse osmosis Instttute of ElecSrical and treatment trains, membrane clean -In-place system, decarbonators, Electionics:Eng posttreatment chemical systems, supervisory control and data years.of Experience acquisition, product water pump station, treatment plant building and electrical and instruments -tion system, The RO Plant was sized to produce 6.27 mgd of water. Water will be treated to remove salts (TDS) and nitrates. Managed the electrical design of the electrical _... power and control system, preparing technical specifications, 25F-68 system studies that Included load flow, short circuit and are flash calculations, and Integratlon with the city's SCADA system. Elizabeth Reservoir, Booster Pump Station and Well No. 29, City of South Gate, South Gate, CA. Engineering design services for a water storage tank and booster pump station and a water well with disinfection equipment. Electrical engineering services included three new 125 horsepower booster pumps and adding and installing new conduits and wires to the new pumps. Responsible for preparing plans, specifications, and load calculation to modify the facility's extensive distribution system. Site Investigations were conducted to verify ratings, settings, and locations of equipment. Working with utility company to provide new service to the project. Pyrite Canyon Treatment Facility, State of California, Department of Toxic Substances Control, Glen Avon, CA. Performed design of electrical power and distribution system for a new treatment facility. The design included sizing solar system to feed the new plant, sizing power equipment like Inverters, step up and step down transformers, overhead and underground distribution, switchboard, MCC and cable trays, performing load flow and short circuit studies using ETAP power modeling software. Maxine Lift Station Bypass Connection Project, City of Santa Ana, Santa Ana, CA. The purpose of the Maxine Lift Station Bypass Connection Project was to install a connection on the existing force main that would allow the City to bypass sewer flows around the existing lift station utilizing a portable pump from the existing wet well to the force main. Managed the electrical power system studies which included load flow, short circuit, and are flash calculations. Burris Pump Station, Orange County Water District, Fountain Valley, CA. Electrical Engineer for the de -sign of the new Burris Pump Station which consists of four 1,750 horsepower vertical turbine pumps delivering a maximum flow rate of 200 cfs to the Santiago Basins from Burris Basin. Work consists of reviewing the Burris Pump Station construction phase shop drawings, performing design revision, and providing answers to RFIs. Donald C. Tillman Water Reclamation Plant Electrical Modifications, City of Los Angeles, Bureau of Engineering, Van Nuys, CA. Project Manager responsible for preparing electrical engineering design that include plans, specifications, and cost estimate to modify the facility's medium voltage power distribution system, The pro-ject consists of upgrading old medium Voltage switchgears with two new 4160V, 3000A ones and converting loop system to dual radial system and providing power redundancy for the whole plant. The project also included site Investigations to verify ratings, settings, and locations of equipment and performing electrical power system studies that Include load flow, short circuit and arc flash calculation using ETAP software. Project is currently In construe -tion phase. Carlsbad Seawater Desalter Conveyance Pipeline, Poseidon Resources Corporation, Carlsbad, CA. Man -aged electrical design for 52,000 linear feet of pipeline that serves the product water from the planned 50 mgd de-salination plant In the City of Carlsbad. 25F-69 Pipeline diameter is 54 -inch welded steel pipeline operating at a maximum pressure of 500 psi. The pipeline is routed through the cities of Carlsbad, San Marcos, and Vista. The electrical de -sign Included designing power for cathodic protection system at multiple locations Santa Ana River Interceptor Relocation Project, Orange County Flood Control District, Santa Ana, CA. Provided preliminary and final electrical design services for relocation of 19,500 linear feet segment of 54 -inch trunk interceptor, 6,000 linear feet of 15- and 18 -inch sewer mains, flow metering station and the decommissioning of the existing trunk Interceptor segment. The project included the installation of two separate siphons below the Santa Ana River using microtunneling construction Method while complying with multiple environmental and per- mitting constraints. San Lorenzo Sewage Lift Station, City of Santa Ana, Santa Ana, CA: San Lorenzo Sewage Lift Station Im- provements Include a wet well, dry well, three variable frequency drive pumps, aboveground CMU block control room, emergency generator, hardscape and landscape Improvements, and approximately 1,500 linear feet of new sewer main. As the Electrical Engineer Mr. Kassar preformed electrical power system studies that included load flow, short circuit, and are flash calculations. SURVEYING/MAPPING- IRVINE, CA, Mr. Cullison has fifteen years of experience in land surveying for municipal, federal and private sector projects Including control Education network surveys, boundary and topographic surveys, subdivision bis:, Geography; Texas: State mapping, as -built surveys, and construction staking for a wide Llmversity,:$an. arcbs, TX; : variety of projects. Additionally, he has considerable experience 2601::. researching boundary and chain of title information and preparing Registrations - legal descriptions, Lot Line Adjustments, Voluntary Mergers, and Corner Records. Mr. Cullison has comprehensive knowledge in Professional,Land;SurveYor;. the use of Robotic Total Stations, GPS Surveying equipment, Data .> California, No 88 I. Year -2060; Collectors, AutoCAD Civil 3D software, ArcGIS software, and Trimble Professional Affiliations; Business Center. Amerfcah 5ociety;of'*CivII ; :. 6 Relevant Experience Engineers (ASCE) California Land.SLi' 6rs Camp Pendleton -Mary Fay Elementary School Boundary Lease, Naval Facilities Engineering Command (NAVFAC) Association (CLSA) Years of Experience SW, San Diego, CA. Project Surveyor. Mr. Cullison Is responsible for overseeing the field and office survey work needed to rewrite 5 ' the lease document legal descriptions for the Mary Fay Elementary School Boundaryand the De Luz Housing complex PPV boundary adjacent to the school site. Tetra Tech was hired to perform topographic and boundary surveys of the current lease areas and Infrastructure and to write new legal descriptions and exhibits that would not only correct overlaps in the existing documents but would respect and facilitate the future expansion plans at the Mary Fay Elementary School site. Records research and Mapping Services for Defense Fuel Supply Point, San Pedro to Pier 12, Naval Facilities Engineering Command (NAVFAC) SW, Long Beach, CA. Project Surveyor. Mr. Cullison is responsible for overseeing this complex project to understand the current state of ownership, as well as how that ownership was original acquired for approximately 9 miles of government owned underground fuel lines. Research was performed in records with NAVFAC, DLA, GSA, BRAC, Port of - Los Angeles, Port of Long Beach, the City of Long Beach, the City of Los Angeles, and the County of Lost Angeles to acquire the various deeds, leases, licenses, and court actions that created the permissions, both fee and less than fee, that allow those gas lines to be placed in their current locations. Tetra Tech originally reviewed 10's of thousands of pages of documents, maps and other records to determine applicability to the current pipeline alignment. Deliverables for this project included updated and organized Muniment Files and a Pipeline Mapping Exhibit (PME). Airfield Pavement Topographic Surveys, Naval Facilities Engineering Command (NAVFAC) SW, Various Locations, Project Surveyor. Mr. Cullison is responsible for overseeingthe coordination of the field and office survey work for this fast paced, data intensive product. NAVFAC Public Works Is tasked with managing the condition assessment of airfield pavement for all of 25F-70 the Navy's airfields. In an effort to move away from a paper based pavement analysis, the Navy has upgraded to using a GIS based tool that utilized GPS and a tablet in the field to organize and store pavement distress data geospatiatly. With this upgrade the Navy realized that their current CAD models of the airfields lacked the accuracy to fully take advantage of this technology. Tetra Tech was hired to survey and create highly accurate CAD models of three airfields. Tetra Tech would then export those models Into GIS and create a database that could be imported Into the Navy's pavement management software. Additionally, Tetra Tech has been tasked with importing historic distress data Into these newly created models to create a GIS Interface that will produce graphics and reports that NAVFAC can use as part of their broader pavement management program. Mr., Cullison, along with other Tetra Tech experts, worked to devise a complete workflow from the field survey process through the CAD Import and Iinework generation Into the GIS database creation that utilized the extents of the available automated functions of the Trimble survey equipment, AutoCAD Civil 3d and Earl ArcGIS. Boundary Surveys for MRCS Easements, (FY16) Natural Resources Conservation Services, CA. Survey Technician. Mr. Willson was responsible for providing field surveying services for the Natural Resources Conservation Services (NRCS) Wetland Restoration and Protection (WRP) Easement Program. Tetra Tech was contracted four years in a row by the NRCS to provide boundary surveys, legal descriptions and exhibits, and GIS data for 53 separate sites In 23 California counties. Project sites range in size from 11 to 4,800 acres and are mostly located in agricultural crop or grazing land. The survey work consists of performing field boundary surveys to define the parent parcel, and topographic surveys to define the WRP easement boundary. Once the boundaries are defined, legal descriptions and plats are produced to accompany warranty deeds, thus creating the easements. The final stage of the project Includes monumenting the angle points of the easement. Tetra Tech will Install easement witness posts at 600 -foot Intervals along the boundary of the easement Once these tasks are completed, Tetra Tech will file Records of Survey for the boundaries in the county In which the WRP easement is located. Critical to this project Is adherence to an aggressive schedule of 90 days for completion of each site's surveytasks. Map Checking Services, City of Pismo Beach, Pismo Beach, CA. Survey Technician. Under the direction of the Contract City Surveyor, Mr. Cullison was responsible for providing map checking and certification services to the City of Pismo Beach. Responsibilities include plan checking Parcel Maps, Tract Maps, Certificates of Compliance, Lot Line Adjustments, Voluntary Mergers and easement submittals for the City, and redlining submitted check prints in order to address necessary changes and/or omissions based upon the requirements of The Subdivision Map Act and local City Ordinances, 25F-71 Cadastral Modernization Program (CMP), NAVFAC Northwest, Phase III, Various States. Survey Technician. Mr. Cullison was responsible for surveying and mapping efforts In support of the Navy's Cadastral Modernization Program. Tetra Tech's duties include the creation of a database management system that allows concurrent management of over 4,000 cadastral related discrepancies. A standard operating procedure guide is being developed to provide a repeatable, comprehensive real estate records management and mapping process from the finalization of a real estate action to the creation and delivery of a final Real Estate Summary Map (RESM). This will provide a tool to support sound management practices and Informed decision making. Through the CMP Program, Tetra Tech has helped the Navy further develop their RESM rules, updated hundreds of GIS parcel information to update the. Navy's GeoReadlness Explorer (GRX), an Internet -based decision support application that Is a key piece of the Navy's GeoReadlness Program, and edited numerous INFADS property record cards. Pacific Gas and Electric (PG&E) Interconnect Land Net, Pacific Gas and Electric (PG&E), Paso Robles, CA. Survey Technician. Mr. Cullison Is responsible for surveying and mapping services to prepare base topographic mapping for approximately 40 miles of possible future PG&E electric transmission line alignment to connect to a proposed PG&E Substation. Tetra Tech is performing the research and field work necessary to create the Land Net base of property and franchise lines along the proposed routes. LANDSCAPE ARCHITECTURE- SAN LUIS OBISPO, CA, Mr. Pray Is a new member of the Tetra Tech team and brings more than 20 years of planning and design experience In residential golf course development and sustainable landscape design. Mr. Pray has comprehensive knowledge of Autodesk Civil 3-D software and experienced In conceptual design, master plan development to plan set production. In addition, Mr. Pray has a solid understanding of site planning including grading, drainage and the Incorporation of environmentally sound design solutions. Relevant Experience Simon Ranch Reservoir Replacement, Tustin, CA. Assisted in the development of the landscape design for the reservoir site. Native and drought tolerant landscape material was selected to complement the existing plantings that were preserved and to enhance the new slopes. Los Angeles Avenue (SR -118), City of Moorpark, Moorpark, CA. Assisted in the plan production for 1.2 miles of road widening, new medians, enhanced paving, and right -of --way enhancement. Native and drought tolerant landscape material was selected to complement the existing plantings, reduce water -use, utilize solar powered irrigation controllers to reduce maintenance and increase worker safety. Liberty Utilities Compton East Reservoir and Booster Pump Station, Compton, CA. Developed the landscape design and irrigation for the reservoir site. Large boulder accents and a cobble stone dry creek feature was incorporated with native and drought tolerant landscape material. Cadastral Modernization Program Navy Region Northwest (Phase 110. Support member of the CMP Phase III Mod to resolve the cadastral discrepancies found during Phase it of the program regarding the following Installations within NAVFAC NW area of responsibilit)r Naval Base Kitsap, NAVSTA Everett, NAS Whidbey Island and CNI NAVMAG Indian Island. Resolution to the discrepancies include: existing RESMs, iNFADS property record cards and Geodatabases forthe Northwest Region. EI Tamarindo Golf Club, Manzanillo, Mexico. Assisted In the plan production for an 18 hole golf club. The project included the development 50 golf ranch lots and 50 coastal view lots. Responsible for the preparation of all golf course construction documents including: grading, drainage, staking, grassing, landscape, lake systems and specification details to implement design concepts. San Carlos Golf Club, San Carlos, Mexico. Assisted In the plan production for an 18 hole golf club renovation. The project included the renovation of tees, greens, fairways and sand bunkers. Responsible for the preparation of all golf construction documents. 25F-72 Club Campestre Montebello, Mexico. Planned and prepared conceptual layouts of all golf course elements for an 18 hole residential golf course. The project Included the development of a 10,000 s.f. clubhouse, spa, tennis courts and swimming pool. Responsible for the preparation of all golf course construction documents Including: master plans, grading, drainage, staking, grassing, landscape, lake systems/waterfalls and specification details to Implement design concepts. Club Campestre San Francisco, Chihuahua, Mexico. Planned and prepared conceptual layouts of all golf course elements for a 9 hole residential golf course. Responsible for the preparation of all golf course construction documents Including: master plans, grading, drainage, staking, grassing, landscape, lake systems/waterfalls and specification details to implement design concepts. Real Del Desierto, Monterrey, Mexico, Planned and prepared conceptual layouts of all golf course elements for an 18 hole residential golf course. Responsible for the preparation of all golf course construction documents including: master plans, grading, drainage, staking, grassing, landscape, lake systems and specification details to Implement design concepts, San Luis Obispo Golf and Country Club, San Luis Obispo, CA. Planned and prepared conceptual layouts of all golf course elements for an 18 hole residential golf course renovation. Project Included new cart path construction and Irrigation lake and fairway drainage. Responsible for the preparation of all golf course construction documents including: master plans, grading, drainage, staking, grassing, landscape, lake systems and specification details to implement design concepts. Pala Mesa Resort, Fallbrook, CA. Planned and prepared conceptual layouts of all golf course elements for an 18 hole residential golf course renovation. Project elements Included tees, greens, fairways sand bunkers and cart paths. Rancho Santa Fe Golf Club, Rancho Santa Fe, CA. Planned and prepared conceptual layouts of all golf course elements for an 18 hole golf course renovation. Responsible for the preparation of all golf course construction documents Including: master plans, grading, drainage, staking, grassing, landscape, lake systems/waterfalls and specification details to implement design concepts, 25F-73 Country Club of Asheville, Asheville NC. Assisted in the design and development of the 18 hole renovation of the golf course. Interfaced with design team members, including building contractors, consultants, vendors, architects and regulatory agencies. Responsible for the preparation of all golf course construction documents including: master plans, grading, drainage, staking, grassing, landscape and specification details to implement design concepts. Braemar Golf Course, Edina, MN. Assisted In the re -design and development of a 27 hole golf course into an 18 hole golf course. Project Included the development of additional wetland buffer, native planting areas as well as multi -seasonal recreational use areas, interfaced with design team members, including building contractors, consultants, vendors, architects and regulatory agencies. Responsible for the preparation of all golf course construction documents including: master plans, grading, drainage, staking, grassing, landscape, lake systems and specification details to implement design concepts. ENVIRONMENTAL PLANNING • SANTA BARBARA, CA, Ms. Longman is an urban and environmental planner with extensive experience In the preparation and management of CEQA/NEPA technical documents, permitting, and coordination with government M:S;;1Jroan:and Regional., and regulatory agencies, She has worked on a variety of projects Rlanriirg;;Cal'ifornia state:: Including transportation, energy (Solar, Wind, Power Plants, and 011 & Polytechnic;Unive[sity;. ` :: ; Gas), mixed-use, educational (K-12 and higher education), industrial, Pomona, 2005:: , and public works. As a planner, she works with public agencies In the g A , GeograpFiy, San Identification of existing land use conditions, analyzing a proposed Francisco: state. Univets..... project for compatibility with existing land uses, and assessing the 2001 consistency of a proposed project with relevant planning policies A A Geography, Santa and regulations. Ms, Longman also has experience In preparing Barba�a;City'Cgllege aesthetics studies for environmental documents, zoning compliance, design review, and public outreach efforts including public J2egistrat�ons workshops and community meetings. Ce._rtied__Planner; Americari.," Instifuta of Certified Planners Relevant Experience �A1cP) Replacement of the Pedestrian Bridge Spanning Santiago::`.LEE b accredited professional ' Creek Located Acgacent to the Arden[Modjeska House and for new bullding`and . Garden MND, Orange County, CA, Primary author of an Initial constroctiont(LEEDAP:BD#.C)' Study/Mitigated Negative Declaration (IS/MND) for the demolition Years;of Experience of the existing pedestrian bridge spanning Santiago Creek and the 74 Installation of a pre -constructed replacement bridge, The existing . pedestrian bridge spanning Santiago Creek was older and did not provide ADA (handicapped) accessibility. The new bridge provides improved access for the public to the historic ModJeska House and Gardens. California High -Speed Rail Project EIR/EIS, Los Angeles and Orange Counties, CA. Task manager for the preparation of technical reports and analysis of environmental impacts in the areas of land use and aesthetics for baseline conditions for the 13 jurisdictions located along the alignment. Helped author the interagency coordination plan for the Anaheim to Los Angeles Union Station portion of the proposed California High -Speed Raft Project. University Business Park Specific Plan EIR, San Marcos, CA. : Primary author for the University Business Park SpeeHic Plan EIR, which encompassed an 86 -acre site. The specific plan proposed to develop a high-technology business park (light industrial, research and development, manufacturing, and office uses), multi -family residential units, park, open -space preservation, and infrastructure improvements (including roadways) within the City of San Marcos. Led the project team in Identifying and developing a comprehensive plan to analyze the compatibility of the proposed development with the existing land uses. She analyzed the potential impacts of the proposed project for land use, aesthetics, hazards and hazardous materials, population and housing, public services, recreation, traffic, and utilities. Was Involved in many public outreach efforts including public workshops for the proposed project. 25F-74 CECIA Initial Study/Mitigated Negative Declaration and NEPA Categorical Exclusion for Victor Valley Transit Authority Transit Administration, Operations, and Maintenance Facility, Hesperia, CA. Project manager and author of an IS/MND and CE for the construction and operation of a WTA Transit Administration, Operations, and Maintenance Facility In Hesperia, CA. The new facility would provide administration, operations, compressed natural gas (CNG) and unleaded gasoline fueling, and bus maintenance In one location to meet the projected growth in demand for bus services. Telegraph Road Corridor Revitalization Project Program EIR, Commerce, CA. Primary author of a Program EIR for the revitalization and redevelopment of a 4 -mile area along the Telegraph Road Corridor (adjacent to the I-5 freeway) with a variety of uses Including commercial, retail, entertainment, mixed-use, and car dealerships, Arlington Heights Sports Park (formerly Riverside Youth Sports Complex), Riverside, CA. Primary author of an MND for the construction and operation of a public park that will provide a variety of uses including lighted play fields, playgrounds, a multi- purpose recreational trail, central plaza, restrooms, concession facility, picnic area, and parking, Reviewed technical studies and associated analysis to determine how construction, operations, and the overall park development would affect the environment. Hazel Street Improvement Project Categorical Exemption, La Habra, CA, Helped author a Categorical Exemption for the Hazel Street Improvement project. The proposed project consisted of the alteration of Hazel Street from La Habra Boulevard to First Avenue for southbound one-way operation, and included landscaping, landscaped concrete Islands, irrigation, intersection treatment, angled parking, signing, striping, and other work as necessary. Peer Review, Draft Environmental Impact Statement, Honolulu High - Capacity Transit Project, Honolulu, HI. The proposed project was a 20 -mile elevated light-rail line that will connect West Oahu with downtown Honolulu and Ala Moana Center. On behalf of the client, a significant land owner in Hawall, a technical team conducted a peer review of the Draft Environmental Impact Statement which had already been prepared for the proposed Honolulu High -Capacity Transit Corridor rail project. Their review was in response to client concerns over the potential loss of properties which could be taken for the project and the potential Impacts on more than 100 properties owned by the client, as well as tenants, and businesses occupying those properties along the proposed train route. Conducted the peer review of the aesthetics section for the Honolulu High -Capacity Transit Project. Venoco Platform Holly Power Cable Replacement Project IS/MND, State Lands Commission, Goleta, CA. Lead author of an IS/MND for a power cable replacement project that would be located underground and underwater. The proposed project would replace the existing 46 year old sub -sea power cable between the existing Ellwood Onshore Facility and Platform Holly. Onshore and through the beach and surf zone, the cable would be laid utilizing horizontal directional drilling. Potential impacts were assessed and mitigated when warranted. The project was located in Goleta, CA and the Pacific Ocean and had an expedited schedule. Target Retail Store EIR, San Clemente, CA - Conducted an aesthetics study and alternatives analysis for the Target Retail Store EIR. The proposed project would develop a 14.79 acre vacant parcel into a 142,000 -square - foot Target retail store with 513 on-site parking spaces. Aesthetics was of particular concern to City residents in the vicinity of the project site. Proposed Expansion of Thurgood Marshall Elementary School MND, Oxnard, CA. Primary author of an MND for a new 12 -classroom building on the existing Marshall Elementary School Site. As part of the project, the existing school would be reconfigured to Include grades 6th through 8th thereby accommodating students in grades K-8 at the Marshall School campus. The proposed 12 -classroom permanent structure would Increase student capacity at the Marshall School to 900 students at State loading standards, satisfying the District's educational specification for a K-8 25F-75 LINCOLN AVENUE Pedestrian Pathway Connectivity PARK LANE TO SANTIAGO CREEK O TETRA TECH 25F-76 EXHIBIT B OTETRA TECH May 31, 2018 Monica M. Suter City of Santa Ana, Public Works Agency 20 Civic Center Plaza, 3rd Floor, Ross Annex Santa Ana, CA 92702 Reference: RFP No. 18-042, Lincoln Avenue Pedestrian Pathway Connectivity Park Lane to Santiago Creek Design Services Dear Ms. Monica Suter: Tetra Tech is pleased to submit this fee proposal for the above-mentioned project. Our not -to -exceed fee includes all of the services outlined in the scope of work section of our proposal. Our fee proposal includes the following: € Not -to -exceed fee based upon estimated hours, hourly rates, and other associated costs L7-.1 Schedule of Hourly Rates We appreciate the opportunity to submit this proposal and look forward to working with the District. Sincerely, V..1'����� ' _ Wayne Richardson, PE, LEED AP Project Manager 17885 Von Karman Avenue, Suite 500, Irvine, CA 92614=6213 Tel 949.609.5000 Fax 949.809.5010 tetratech.com 25F-77 zar-its NINE mill mini 111111111 1 111111iDIMMIMMIM01=101 INNER! Hill 11im Ell Im ligglilumilluillill 'MINIMUM 11 No I I lmi NUNN, 11111 NINE v �� 1161 Room d lllimlimmimimim mimil I MIN I zar-its aTETRATECH EXHIBIT A - SW 2018 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Project Management Construction Project Manager 1 $210.00 Construction Project Rep 1 $78.00 Project Manager 2 $230.00 Construction project Rep 2 $85.00 Sr Project Manager $250.00 Sr Constr Project Rep 1 $100.00 Program Manager $280.00 Sr Constr Project Rep 2 $115.00 Principal in Charge $310.00 Construction Manager I $165.00 Construction Manager $1$5.00 Engineers Construction Director $233.00 Engineering Technician $37.00 Engineer t $96.00 General & Administrative Engineer $115.00 Project Assistant 567.00 Engineer -3 $130.00 Project Assistant $75.00 Project Engineer 1 $145.00 Projeet Administrator $115.00 Project Engineer $165.00 Sr Project Administrator $120.00 SrEngineer 1 $170.00 Graphic Artist $130.00 Sr Engineer $175.00 Technical Writer) $97.00 Sr Engineer 3 $210.00 Technical Writer 2 $124.00 Principal Engineer $300.00 Sr Technical Writer $155.00 Planners Information Technology Planner 1 $104.00 Systems Analyst / Programmer 1 $77-00 Plannef 2 $115.00 Systems Analyst / Programmer 2 $115.00 Sr Planner l $125.00 Sr Sys Analyst / Programmer 1 $130.00 Sr Planner 2 $151,00 Sr Systems Analyst / Programmer 2 5196.00 Sr Planner 3 $175.00 Project Accounting Designers & Technicians Project Analyst 1 $90,00 CAD Technician 1 $65.00 Project Analyst 2 $114.00 CAD Technician 2 $75.00 Sr Project Analyst $155.00 CAD Technician 3 $90,00 CAD Designer $100.00 Reimbursable to -House Costs: Sr CAD Designer l $120.00 Photo Copies (B&W 8.5"xl I") $ 0.15/Each Sr CAD Designer 2 $148.00 PhotoCopies(B&W I1"x17") $ 0.40/Each CAD Director $150.00 Color Copies (up to 8.5"xI I ") $ 2.00; Each Survey Tech 1 $50,00 Color Copies (to I I N 17") $ 3.00/Each Compact Discs $ I oleach Health & Safety Large format copies $0.40 S.F. I-I&S Administrator $95.00 Computer Usage: not to exceed $3.55/hour Sr H&S Administrator $115.00 Mileage -Company Vehicle $0.80;mile H&S Manager $1,15.00 Mileage-POV $0.55/mile° "cement GSA POV milcage rate subject to change All other direct costs, such as production, special photography: postage. delivery services, overnight mail. printing and any other services perfoimed by subcontractor will be billed at cost plus 10%. NOTE: Rates subject to change annually. 25F-79 Exhibit A • SW 2017•CD.sis 25F-80 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: APPROVE AN AGREEMENT WITH WESTBOUND COMMUNICATIONS, INC. FOR "READY OC" EMERGENCY PREPAREDNESS AND "IF YOU SEE SOMETHING, SAY SOMETHINGTM11 PUBLIC AWARENESS CAMPAIGNS (STRATEGIC PLAN NO.1&6) C MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 20d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Westbound Communications, Inc. for the period of September 18, 2018 through June 30, 2019, with two one-year options for renewal, to continue the Ready OC Emergency Preparedness Campaign and the "If You See Something, Say Something TM" Public Awareness Campaign, for a total three- year amount not to exceed $1,335,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Homeland Security has developed the Urban Areas Security Initiative (UASI) funding program. UASI is designed to address the unique planning, equipment, training, and exercise needs of high -threat, high-density urban areas and provides funds to local emergency first responders that assist in building an enhanced and sustainable capacity to prevent, protect, respond to, mitigate and recover from acts of terrorism. The grant specifically provides funding for anti -terrorism equipment, planning, training, exercises and technical assistance. In FY 2006, the United States Department of Homeland Security combined the Anaheim UASI and the Santa Ana UASI into a single Urban Area. The City of Santa Ana now shares grant administrative responsibilities with the City of Anaheim, annually alternating the function of lead administrative agency. Anaheim manages the grant during the even years (i.e., 2010, 2012, 2014 etc.), while Santa Ana manages the grant during the odd years (i.e., 2009, 2011, 2013, etc.). On July 5, 2018, the Police Department issued a request for proposals (RFP #18-058) for Emergency Preparedness & Public Awareness Campaigns. On August 7, 2018, the City received proposals from two firms, Perceive Communications and Westbound Communications, Inc. An evaluation committee consisting of representatives the Anaheim/Santa Ana Urban Area (ASAUA) reviewed and rated the two proposals based on established evaluation criteria outlined within the RFP and subsequent Addendum. 25G-1 Westbound Communications Consultant Agreement September 18, 2018 Page 2 The results of the RFP evaluation are as follows: Vendor Score Westbound Communications, Inc. 76 Perceive Communications 62 100 point max Westbound Communications, Inc. was the most responsive and capable respondent. Westbound Communications brings valuable expertise and institutional knowledge to both campaigns as the initial creators, and primary creative directors since the inception of ReadyOC and "if You See Something, Say Something TM". This includes all branding, strategies, micro -campaigns, and established media relationships with organizations such as the Los Angeles Angels of Anaheim, i - Heart Media, the Anaheim Ducks National Hockey team, Amatrak, Registar of Voters, and John Wayne Airport. It is anticipated that the current scope of services developed by the consultant will differ or expand as promotional opportunities arise. It is not uncommon for new marketing opportunities to be made available within the region after the commencement of the agreement. The final determination of services provided by Westbound may be adjusted in writing, and executed by the City Manager and Chief of Police, and by Westbound Communications, Inc. The agreement term will run from September 18, 2018 to June 30, 2019, and provide for two one-year options for renewal. The total agreement amount of $1,335,000 includes $445,000 for the initial term, and $445,000 for each one- year renewal option. Execution of years two and three of this agreement are contingent upon a UASI Grant award to the Anaheim/Santa Ana Urban Area for FY2018 & FY2019 respectively, and that the award is sufficient in size to sustain both campaigns. Future UASI Grant funds must be recognized and appropriated by the City Council prior to any expenditure on these programs under this agreement. 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). 25G-2 Westbound Communications Consultant Agreement September 18, 2018 Page 2 FISCAL IMPACT Funds are available for the first term of this agreement in the FY17 UASI Grant Program fund accounts (no. 12514407-62300-18423001186-3492 and 12514407-62300-18423101186-3498). APPROVED AS TO FUNDS AND ACCOUNTS: LDentin Sergi Vidal Chief of Police Assistant Director Santa Ana Police Department Finance and Management Services Agency Exhibit. 1. Agreement with Westbound Communications, Inc. 25G-3 25G-4 CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 18a' day of September 2018, by and ue-loris.abetweenNWestbound,CohCalifornia Corporation ("Consultant") and the City of Santa Ana, a charter city and municipal`coipbration organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On July 5, 2018, the City issued Request for Proposal No. 18-058, by which it sought a Consultant having special skill and knowledge in the field of community outreach and promotional services related to the ReadyOC (ROC) Emergency Preparedness Campaign and the "If You See Something, Say SomethingTm" (S4) Public Awareness Campaign. B. The City, acting through the Santa Ana Police Department in its capacity as a Core City for the Anaheim/Santa Ana Urban Area under the FY17 Urban Areas Security Initiative, has applied for, received and accepted a grant from the U.S. Department of Homeland Security, Federal Emergency Management Agency, through the State of California, Office of Emergency Services, to enhance security and overall preparedness to prevent, protect, mitigate, respond to, and recover from acts of terrorism, hereinafter referred to as "the Grant." C. Consultant submitted a responsive proposal on August 6, 2018, and represents that it has the necessary skills and experience to expand and enhance the current Ready OC and "If You See Something, Say Somethinem" Campaigns and existing websites utilizing successful marketing strategies and outlets such as multi -media events, social media venues, Public Service Announcement videos, radio station advertisements, and business partnership groups. 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 perform those services as set forth in Exhibit A for the Ready OC Campaign and Consultant shall perform those services as set forth in Exhibit B for the "If You See Something, Say Somethingrm" Campaign. Consultant's proposal is incorporated by reference as though fully set forth herein. 25G-5 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services during the term of the Agreement (2018-2019), the rates and charges identified in Exhibit A and B. The total sum to be expended under this Agreement shall not exceed one million three hundred and thirty-five thousand dollars ($1,335,000.00) during the three-year term of this Agreement. Funding for fiscal years 2019-2020 and 2020-2021 are contingent upon grant funding being secured by the City, and if such funding is not secured, the Agreement will terminate when the current term's funding is exhausted. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed and deliverables completed, subject to City accounting procedures. Payment need not be made for work, which fails to meet the standards of performance set for in the Recitals, which may reasonably be expected by City. 3. TERM This Agreement shall commence on September 18, 2018 and continue until June 30, 2019; unless terminated earlier in accordance with Section 13, below. The term of this Agreement may J be extended for up to two (2) one (1) year options to renew at the City's sole discretion upon a writing executed by the City Manager and the City Attorney. Pursuant to Section 2.a., any extension is contingent upon funding being secured by the City. 4. OWNERSHIP OF MATERIALS, SUPPLIES, DRAWINGS, SPECIFICATIONS, PROGRAMS AND SYSTEMS Any and all records, papers, plans, drawings, specifications, programs, systems and other materials prepared by Consultant pursuant to this Agreement shall be the property of the City. Consultant agrees to provide the City with any such materials whenever requested to do so. 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. 25G-6 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, agents, volunteers, and employees 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 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. 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 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. 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 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 (30) days prior written notice to the City. (iv) Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts 25G-7 provided by the certificates of insurance shall be incorporated by reference into the Agreement. (v) Consultant shall supply City with a fully executed additional insured endorsement. e. 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. 7. INDEMNIFICATION Consultant agrees to and shall defend, 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 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. 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 25G-8 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 telefacsimile 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 Copy to: Chief of Police City of Santa Ana 60 Civic Center Plaza (M-97) P.O. Box 1981 To Consultant: Santa Ana, CA 92702 Fax: (714) 245-8007 Westbound Communications, Inc. Scott Smith 625 The City Drive, Suite 480 Orange, CA 92868 Telephone: (714) 663-8188 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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, any notice, tender, demand, delivery, or other communication shall 25G-9 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, that 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. TERNIINATION 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 temrination, subject to the following conditions: a. Asa condition of such payment, the City of Santa Ana 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 25G-10 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 and all questions relating to its validity, interpretation, performance, and enforcement shall be government 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, 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. 17. SEVERABILITY In the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 18. CERTIFICATIONS a. Debarment and Suspension — Contractor will comply, and all its contractors will comply, with applicable federal suspension and debarment regulations including, but not limited to, Executive Orders 12549 and 12689, and 2 Code of Federal Regulations (CFR) §200.212 and codified in 2 CFR Part 200. b. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Contractor agrees it will ensure 25G-11 that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. C. Americans with Disabilities Act of 1990 - (ADA) Contractor must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. d. Lobbying and Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". e. Contractor will comply with all applicable lobbying prohibitions and laws, including those found in United States Code Title 31, § 1352, et seq., and agrees that none of the funds provided under this award may be expended by the Contractor to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. f. Contractor will comply, and all its contractors will comply, with all requirements of the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352), as applicable. g. Non -Discrimination and Equal Opportunity - Contractor will comply, and all its contractors will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Contractor makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Contractor will forward a copy of the findings to CITY which will, in tum, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. h. Contractor will comply, and all its contractors will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. i. Contractor will comply, and all its contractors will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. 8 25G-12 j. Contractor will comply, and all its contractors will comply, with all requirements of the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. k. Contractor will comply, and all its contractors will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. 1. Contractor will comply, and all its contractors will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. In. Contractor will comply, and all its contractors will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. n. Contractor will comply, and all its contractors will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. o. Contractor will comply, and all its contractors will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. p. Contractor will comply with the Federal Water Pollution Control Act (33 U.S.C. 1251-1387) as applicable. q. Contractor agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401, as applicable. r. Pursuant to 2 CFR section 200.315, Contractor may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under a Federal award. The Federal awarding agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. The Federal government has the right to: (1) Obtain, reproduce, publish or otherwise use the data produced under a Federal award; and (2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. S. Contractor will provide information pursuant to 2 CFR section 200.315(e) for response to a Freedom of Information Request when applicable. 25G-13 t. Contractor will comply with the provisions oft C.F.R. section 200.315 regarding the use of intangible property. U. Contractor will comply with all applicable local, state and federal statutes, codes and regulations regarding the use of state or federal grant funds and property acquired with those grant funds. V. If the product is defective, does not function as represented or advertised, City is entitled to either a full refund of the purchase price or replacement of the product for a new product at the City's election. 19. EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. 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. CARVAIAHO Assistant City Attorney RECOMMENDED FOR APPROVAL DAVID VALENTIN Chief of Police CITY OF SANTA ANA RAUL GODINEZ II City Manager WESTBOUND COMMUNICATIONS, INC. SCOTT SMITH President & CEO 10 25G-14 EXHIBIT A FY17 READYOC STATEMENT OF WORK General Information: The following Statement of Work (SOW) defines the principle activities and responsibilities of all parties for public outreach services to support the ReadyOC (ROC) Emergency Preparedness Campaign. This scope of work shall stand as an agreement between the City of Santa Ana (herein after Santa Ana) and Westbound Communications (herein after WBC) for the contracted period. WBC will supply the following services: o ROC Website Management o Site content updating o Social media content updating o Site optimization o Site maintenance ROC Advertising and Promotional Communications o Paid advertising o Social media outreach o Broadcast news promotions o Media/corporate promotions o Publicity services o Public Information Outreach Support for ROC Program o Multimedia production and outreach o Citizen and faith -based outreach o Project Administration Services No deviation of this SOW will be allowed without written consent from the Santa Ana Project Manager. Nevertheless, Santa Ana recognizes that projects of this magnitude will likely encounter various unforeseeable events that may cause tasks to overlap or change, and such change will be permissible with the written approval of the Santa Ana Project Manager. This SOW is contingent upon both WBC and Santa Ana fulfilling their respective responsibilities as defined in the Agreement and within this document. Contents The following are included with this SOW: • Task Descriptions • Project Change Order • Project Schedule • Milestone Payment Schedule 25G-15 General Project Management Responsibilities Project management occurs throughout the project and is involved in every task. The overall project management activities are listed here for reference. Westbound Responsibilities: a. Maintain project communications with Santa Ana's Project Manager. b. Manage the efforts of the WBC staff and coordinate WBC activities with the Santa Ana Project Manager. c. Conduct on-site status meetings with Santa Ana's Project Manager on a monthly basis or when reasonably required at the discretion of Santa Ana to discuss project status. d. Provide timely responses, within ten (10) business days, to issues raised by Santa Ana's Project Manager. e. Prepare and submit, no later than the fifth business day of each month, a status activity report that includes: the accomplishments of the previous month, activities planned for the current month and any update to the project schedule. f. Prepare and submit project Change Proposals to Santa Ana's Project Manager as necessary. g. Prepare and submit Task Completion Letter(s) with appropriate invoices to Santa Ana's Project Manager. Santa Ana Responsibilities: a. Maintain project communications with the WBC Project Manager. b. Manage the efforts of ROC involved staff and coordinate ROC activities with the WBC Project Manager. c. The Project Manager must ensure that personnel have ample time, resources, and expertise to carry out their respective tasks and responsibilities. d. The Project Manager or his designee will participate in status meetings with the WBC Project Manager on a monthly basis or as may otherwise be reasonably required to discuss project status. e. Provide timely responses, within ten (10) business days, to issues raised by the WBC Project Manager. f. Liaison with all Santa Ana -provided third -party vendors and associated systems. g. Ensure acceptable Change Orders are approved by authorized signature(s). h. Ensure acceptable Task Completion Letter(s) are approved by the Project Manager or his designee. i. Ensure timely payment of invoices. j. Ensure WBC access to server and network equipment and work areas on a 24x7 basis, with pre -authorization for off -hours. k. Provide workspace for WBC personnel as reasonably requested. 25G-16 SOW Format: Each task includes the following: Title, Objective, Task Description, Responsibilities and Completion Criteria. The tasks are depicted on the project schedule. All parties recognize that the SOW is not formatted chronologically with contractual obligations defaulting to the Project Schedule unless otherwise noted. TASK 1: 2018-19 READYOC MARKETING ROAD MAP Objective: Create, establish and implement a formal marketing plan and road map to best promote and provide outreach for ROC during the campaign period. The road map will include project schedules, management procedures and proposed activities. Task Description: Develop, refine, review and approve plan for all campaign initiatives, including the marketing plan and project schedule. Activities include: a. Launch Meetings — conduct a minimum of two meetings with the Santa Ana Project Manager and one meeting ROC Steering Committee to present strategies and recommendations and to get approval to proceed with the Road Map. b. 2018-19 Marketing Road Map — develop and submit a comprehensive marketing communications and promotions plan detailing strategies, objectives, tasks, schedules and metrics for all ROC and Promise to Prepare (P2P) activities during the contracted period. This includes delivery of a 50-60 slide PowerPoint deck plan that details all strategic goals and programming for review by the ROC Steering Committee and for final approval by the Santa Ana Project Manager. c. Project Schedule — develop and complete a comprehensive project schedule that details timing for all activities. d. Project Management & Control Procedures — review and update, as needed, all currently approved control and administrative procedures (change orders, approval processes, etc.) and documents currently on file with the Santa Ana Project Manager. Responsibilities: WBC shall: a. Develop the initiative and seek plan approval from the ROC Steering Committee b. Execute the promotion in accordance with the approved plan Santa Ana shall: a. Approve plan and promotion elements Completion Criteria: This task is considered complete upon the completion of the deliverables detailed in the task description above and when the Santa Ana Project Manager signs the task completion letter. Planned completion and invoicing will be the end of October 2018. 25G-17 TASK 2: READYOC STAKEHOLDER MEETING & PROMOTIONS Objective: Manage campaign updates, administration and promotions to the Steering Committee and Santa Ana Project Manager through activities including, but not limited to, meetings, monthly activity reporting, programming documentation, regular communications and presentations to Steering Committee and corresponding agency partners (ex: OCEMO, OCIAC, UAWG, COAD, OCCPSA, etc.). Task Description: Provide campaign and promotion updates to the Santa Ana Project Manager through daily and weekly phone calls, emails and meetings (as needed or requested). Manage the ongoing reporting and measurement of campaign data including event impressions, media coverage, social media impressions and website traffic, among others. Maintain weekly and monthly communication with the Steering Committee, including at least one in-person meeting a quarter. Conduct up to eight presentations or meetings with agency and campaign partners. Responsibilities: WBC shall: a. Coordinate, manage and participate in at least one Steering Committee meeting per quarter b. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana Project Manager c. Manage the weekly and monthly reporting of campaign measurement d. Manage ongoing expense tracker, budget and campaign schedule e. Submit task completion letters with task invoices to the Santa Ana Project Manager Santa Ana shall: a. Approve campaign progress, updates and promotions b. Support and facilitate partnering and sponsorship efforts with Steering Committee Completion Criteria: This task is considered complete upon completion of administrative deliverables and when the Santa Ana Project Manager signs the completion letter for each subtask noted below. To assure cost and quality controls while accommodating the monthly nature of required work, the task completion is divided into quarterly periods, with each period being considered completed as described in the following subtasks. TASK 2-A: READYOC STAKEHOLDER MEETING & PROMOTIONS (SEP -OCT 2018) Objective: Manage campaign updates, administration and promotions to the Steering Committee and Santa Ana Project Manager through activities including, but not limited to, meetings, monthly activity reporting, programming documentation, regular communications and presentations to Steering Committee and corresponding agency partners during this quarterly period. Task Description: 25G-18 Provide campaign and promotion updates to the Santa Ana Project Manager through daily and weekly phone calls, emails and meetings (as needed or requested). Manage the ongoing reporting and measurement of campaign data including event impressions, media coverage, social media impressions and website traffic, among others. Maintain weekly and monthly communication with the Steering Committee, including at least one formal meeting/conference call during the quarter, unless otherwise directed and approved by the Santa Ana Project Manager. Responsibilities: WBC shall: a. Coordinate, manage and participate in at least one Steering Committee meeting b. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana Project Manager c. Manage the weekly and monthly reporting of campaign measurement d. Manage ongoing expense tracker, budget and campaign schedule e. Submit task completion letters with task invoices to the Santa Ana Project Manager Santa Ana shall: a. Approve campaign progress, updates and promotions b. Support and facilitate partnering and sponsorship efforts with Steering Committee Completion Criteria: This task is considered complete upon completion of administrative deliverables and when the Santa Ana Project Manager signs the completion letter for the task. Planned completion and implementation is by the end of October 2018. TASK 2-B: READYOC STAKEHOLDER MEETING & PROMOTIONS (NOV 2018 -FEB 2019 Objective: Manage campaign updates, administration and promotions to the Steering Committee and Santa Ana Project Manager through activities including, but not limited to, meetings, monthly activity reporting, programming documentation, regular communications and presentations to Steering Committee and corresponding agency partners during this quarterly period. Task Description: Provide campaign and promotion updates to the Santa Ana Project Manager through daily and weekly phone calls, emails and meetings (as needed or requested). Manage the ongoing reporting and measurement of campaign data including event impressions, media coverage, social media impressions and website traffic, among others. Maintain weekly and monthly communication with the Steering Committee, including at least one formal meeting/conference call during the quarter, unless otherwise directed and approved by the Santa Ana Project Manager. Responsibilities: WBC shall: a. Coordinate, manage and participate in at least one Steering Committee meeting b. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana Project Manager c. Manage the weekly and monthly reporting of campaign measurement 25G-19 d. Manage ongoing expense tracker, budget and campaign schedule e. Submit task completion letters with task invoices to the Santa Ana Project Manager Santa Ana shall: a. Approve campaign progress, updates and promotions b. Support and facilitate partnering and sponsorship efforts with Steering Committee Completion Criteria: This task is considered complete upon completion of administrative deliverables and when the Santa Ana Project Manager signs the completion letter for the task. Planned completion and implementation is by the end of February 2019. TASK 2-C: READYOC STAKEHOLDER MEETING & PROMOTIONS (MAR -APR 20191 Objective: Manage campaign updates, administration and promotions to the Steering Committee and Santa Ana Project Manager through activities including, but not limited to, meetings, monthly activity reporting, programming documentation, regular communications and presentations to Steering Committee and corresponding agency partners during this quarterly period. Task Description: Provide campaign and promotion updates to the Santa Ana Project Manager through daily and weekly phone calls, emails and meetings (as needed or requested). Manage the ongoing reporting and measurement of campaign data including event impressions, media coverage, social media impressions and website traffic, among others. Maintain weekly and monthly communication with the Steering Committee, including at least one formal meeting/conference call during the quarter, unless otherwise directed and approved by the Santa Ana Project Manager. Responsibilities: WBC shall: a. Coordinate, manage and participate in at least one Steering Committee meeting b. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana Project Manager c. Manage the weekly and monthly reporting of campaign measurement d. Manage ongoing expense tracker, budget and campaign schedule e. Submit task completion letters with task invoices to the Santa Ana Project Manager Santa Ana shall: a. Approve campaign progress, updates and promotions b. Support and facilitate partnering and sponsorship efforts with Steering Committee Completion Criteria: This task is considered complete upon completion of administrative deliverables and when the Santa Ana Project Manager signs the completion letter for the task. Planned completion and implementation is by the end of April 2019. 25G-20 TASK 2-D: READYOC STAKEHOLDER MEETING & PROMOTIONS (MAY -JUNE 2019 Objective: Manage campaign updates, administration and promotions to the Steering Committee and Santa Ana Project Manager through activities including, but not limited to, meetings, monthly activity reporting, programming documentation, regular communications and presentations to Steering Committee and corresponding agency partners during this quarterly period. Task Description: Provide campaign and promotion updates to the Santa Ana Project Manager through daily and weekly phone calls, emails and meetings (as needed or requested). Manage the ongoing reporting and measurement of campaign data including event impressions, media coverage, social media impressions and website traffic, among others. Maintain weekly and monthly communication with the Steering Committee, including at least one formal meeting/conference call during the quarter, unless otherwise directed and approved by the Santa Ana Project Manager. Responsibilities: WBC shall: a. Coordinate, manage and participate in at least one Steering Committee meeting b. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana Project Manager c. Manage the weekly and monthly reporting of campaign measurement d. Manage ongoing expense tracker, budget and campaign schedule e. Submit task completion letters with task invoices to the Santa Ana Project Manager Santa Ana shall: a. Approve campaign progress, updates and promotions b. Support and facilitate partnering and sponsorship efforts with Steering Committee Completion Criteria: This task is considered complete upon completion of administrative deliverables and when the Santa Ana Project Manager signs the completion letter for the task. Planned completion and implementation is by the end of June 2019. TASK 3: READY FOX PROGRAM Objective: Continue to expand the Ready Fox character as a brand mascot to help expand exposure opportunities for education programming, as well as explore the character's role and community member acceptance in the larger campaign. Activities will include further character integration into school and after-school assemblies along with the expansion of Ready Fox content to promote the ROC mobile app, social media channels, community events, website and more. Task Description: See sub -tasks for descriptions. Responsibilities: 25G-21 See sub -tasks for specifics. Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety and when the Santa Ana Project Manager signs the task completion letter. TASK 3-A: READY FOX CONTENT & COLLATERAL Objective: Develop and distribute a set of Ready Fox branded content and collateral materials. Task Description: Craft and disseminate Ready Fox materials that create visibility for the mascot and that support campaign efforts to generate preparedness action among OC families. Activities will include: a. Ready Fox Illustrations — develop additional set of 5-6 character illustrations (color line drawings) and poses for use in all materials and for posting/download from the website b. Ready Fox Hard Copy Content — create a minimum of 5 new collateral pieces such as coloring sheets, posters, flyers and other hard copy materials for use across the campaign. c. Ready Fox Digital/Video Content— create a minimum of 5 pieces of digital and/or video content using Ready Fox to promote preparedness messages and app downloads/website visits. Responsibilities: WBC shall: a. Create the content and seek plan and program approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee b. Produce and distribute materials at events, via social media and website and other campaign channels. c. Produce and distribute materials via appropriate online, digital and mobile platforms Santa Ana shall: a. Approve collateral materials content and edits/refinements. Completion Criteria: This task is considered complete when each listed assignment is completed and when the Santa Ana Project Manager signs the task completion letter. Planned completion and implementation is by the end of October 2018. TASK 3-13: READY FOX INTEGRATED MOBILE APP & WEBSITE MICRO CAMPAIGN #1 Objective: Build and implement a "micro campaign" (a highly targeted promotion that is in -market for a specifically defined time period) focused on leveraging the Ready Fox character to actively promote and drive downloads/traffic to the ROC mobile app and ReadyOC.org site. 25G-22 Task Description: Create, distribute, manage and measure a digital, mobile and/or traditional media (i.e. bus advertising, bus shelter or other) integrated campaign that seeks to drive trackable mobile app downloads and/or website visits. The program will be for a minimum run of three months and will feature the Ready Fox character in static, illustrated and/or animated creative, touting the app/website. Mediums to be used may include mobile (i.e. CBS Mobile, Pandora, etc.), digital (via Outfront Media, CBS Local and others) and/or traditional non -digital media channels. Specific metrics will be developed and approved by the Project Manager prior to the micro campaign's launch. Responsibilities: WBC shall: a. Create the micro campaign and seek plan and program approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee b. Implement and managed the approved campaign c. Provide campaign assessment and results Santa Ana shall: a. Approve the campaign and review progress/metrics reports Completion Criteria: This task is considered complete when the campaign is implemented and when the Santa Ana Project Manager signs the task completion letter. Planned completion and implementation is by the end of November 2018. TASK 3-B: READY FOX INTEGRATED MOBILE APP & WEBSITE MICRO CAMPAIGN #2 Objective: Build and implement a second round "micro campaign" that again leverages the Ready Fox character to actively promote and drive downloads/traffic to the ROC mobile app and ReadyOC.org site. Task Description: Create, distribute, manage and measure a digital, mobile and/or traditional media (i.e. bus advertising, bus shelter or other) integrated campaign that seeks to drive trackable mobile app downloads and/or website visits. The program will be for a minimum run of three months and will feature the Ready Fox character in static, illustrated and/or animated creative touting the app/website. Mediums to be used may include mobile (i.e. CBS Mobile, Pandora, etc.), digital (via Outfront Media, CBS Local and others) and/or traditional non -digital media channels. Specific metrics will be developed and approved by the Project Manager prior to the micro campaign's launch. Responsibilities: WBC shall: a. Create the micro campaign and seek plan and program approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee b. Implement and managed the approved campaign c. Provide campaign assessment and results 25G-23 Santa Ana shall: a. Approve the campaign and review progress/metrics reports Completion Criteria: This task is considered complete when the campaign is implemented and when the Santa Ana Project Manager signs the task completion letter. Planned completion and implementation is by the end of March 2019. TASK 4: PROMISE TO PREPARE (P2P) PROMOTION Objective: Extend and maintain the momentum of the P2P program. The emphasis will be on strong public outreach presence, programming, media and marketplace exposure through the end of the contract period. Task Description: The promotion includes the ongoing public pronouncement that ROC will achieve tangible steps towards preparedness, or documented "Promises to Prepare," from Orange County residents, businesses and community members. This will be achieved through public outreach and media promotions including, but not limited to, the ROC Preparedness Bucket List program, Ready Together promotion, video public service announcements (PSAs), smartphone app management and enhancements, and paid and/or earned media outreach. Responsibilities: See sub -tasks for specifics. Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety and when the Santa Ana Project Manager signs the task completion letter. TASK 4-A: ROC EMERGENCY PREPAREDNESS BUCKET LIST Objective: Plan, develop and implement concept, distributing a minimum of 1,000 branded five -gallon ROC emergency preparedness buckets to Orange County community members. (Note: WBC in collaboration with the Santa Ana Project Manager will seek to expand the number of distributed buckets through partnering/sponsorship efforts with the Corporate Advisory Council and other community stakeholder groups such as Lowe's.) Task Description: Expand and enhance the existing Preparedness Bucket List program momentum that encourages Orange County residents to add preparedness to their "bucket list" — i.e. making sure residents receive a bucket and begin gathering emergency kit items. The ROC -branded buckets will be selectively promoted and distributed to OC community members as a demonstration of a simple preparedness step with suggestions included of what key emergency kit items to place within it. Along with serving as a tangible action step toward preparedness, the bucket concept offers numerous promotional opportunities via publicity, the website, social media and other ROC communication channels. An initial quantity of 1,000 10 25G-24 branded buckets will be produced. WBC and the ROC team will also seek to expand the program and amount of buckets to be distributed via corporate and business partnerships and sponsorships. Responsibilities: WBC shall: a. Plan and develop the program with approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee b. Execute the program in accordance with approved plans Santa Ana shall: a. Approve initiative concepts and materials b. Support and facilitate partnering and sponsorship efforts Completion Criteria: This task is considered complete upon the production of a minimum of 1,000 buckets and when the Santa Ana Project Manager signs the task completion letter (distribution occurs throughout the contract period). Planned completion of the bucket purchase will be by October 2018. TASK 4-13: MEDIA PROMOTIONS (FALL 2018) Objective: Develop and implement media promotions and concentrated publicity outreach to local print, online, broadcast and/or theater/cinema outlets to promote ROC programming elements, the Promise to Prepare initiatives and the calendar of activities. Task Description: Develop and implement media promotions including, but not limited to, management and enhancement of the ROC smartphone app, advertising and/or online promotions, video PSA creation and media outreach to local outlets to direct OC residents to commit to preparedness steps. Task includes ongoing measurement and tracking of promotional elements. Activities will include: a. Publicity/Media Outreach — conduct outreach to targeted local media to achieve a minimum of two earned or sponsored placements during the contract period. b. Video PSA— create at least one updated and engaging :30 -second video PSA via Animoto or similar application to increase exposure of ROC in OC community via the ROC website, YouTube channel, city websites and potentially local public access stations, selected regional theatre venues, etc. Responsibilities: WBC shall: a. Develop the initiative and seek plan and program approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee b. Execute the promotions in accordance with the approved plan Santa Ana shall: a. Approve plan and promotion elements 25G-25 ii Completion Criteria: This task is considered complete upon the completion or booking and scheduling of the deliverables, given media requirements in some instances for upfront payment and when the Santa Ana Project Manager signs the task completion letter. Planned completion and implementation will be by end of November 2018. TASK 4-C: MEDIA PROMOTIONS (SPRING 2019 Objective: Develop and implement media promotions and concentrated publicity outreach to local print, online, broadcast and/or theater/cinema outlets to promote ROC programming elements, the Promise to Prepare initiatives and the calendar of activities. Task Description: Develop and implement media promotions including, but not limited to, management and enhancement of the ROC smartphone app, advertising and/or online promotions, video PSA creation and media outreach to local outlets to direct OC residents to commit to preparedness steps. Task includes ongoing measurement and tracking of promotional elements. Activities will include: a. Publicity/Media Outreach — conduct outreach to targeted local media to achieve a minimum of two earned or sponsored placements during the contract period. b. Video PSA — leverage existing :30 -second video PSA via Animoto or similar application from Task 4-13 and focus on efforts to expand exposure of ROC via additional placements within the OC community via the ROC website, YouTube channel, city websites, local public access stations, selected regional theatre venues, etc. Responsibilities: WBC shall: a. Develop the initiative and seek plan and program approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee b. Execute the promotions in accordance with the approved plan Santa Ana shall: a. Approve plan and promotion elements Completion Criteria: This task is considered complete upon the completion or booking and scheduling of the deliverables, given media requirements in some instances for upfront payment and when the Santa Ana Project Manager signs the task completion letter. Planned completion and implementation will be by the end of April 2019. TASK 4-D: SOCIAL MEDIA & BROADCAST VIDEO PROMOTION (FALL 2018) Objective: 25G-26 12 Create and distribute a series of unique videos using white board, two-dimensional or other "illustrative" techniques. Task Description: Research, identify, plan and produce one creative: 30 video concept using "illustrative" techniques for distribution via social media, website and/or broadcast platforms (local cable TV, theatres, etc.). Responsibilities: WBC shall: a. Plan, develop and produce the video with approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee b. Execute distribution in accordance with approved plans Santa Ana shall: a. Approve initiative concepts, production and distribution plan Completion Criteria: This task is considered complete upon completion of all tasks and when the Santa Ana Project Manager signs the task completion letter. Planned completion and implementation will be by December 2018. TASK 4-E: SOCIAL MEDIA & BROADCAST VIDEO PROMOTION (SPRING 2019 Objective: Create and distribute a series of unique videos using white board, two-dimensional or other "illustrative" techniques. Task Description: Research, identify, plan and produce one creative, :30 video concept using "illustrative" techniques for distribution via social media, website and/or broadcast platforms (local cable TV, theatres, etc.). Responsibilities: WBC shall: c. Plan, develop and produce the video with approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee d. Execute distribution in accordance with approved plans Santa Ana shall: b. Approve initiative concepts, production and distribution plan Completion Criteria: This task is considered complete upon completion of all tasks and when the Santa Ana Project Manager signs the task completion letter. Planned completion and implementation will be by May 2019. 13 25G-27 TASK 5: EDUCATION -BASED OUTREACH Objective: Continue to execute activities with OC education organizations, schools and after-school programs to support ROC emergency preparedness efforts and the Promise to Prepare initiative. This includes leveraging, as needed, the previously created Ready Fox character - based programming/assembly. Task Description: See sub -tasks for specifics. Responsibilities: See sub -tasks for specifics. Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety. TASK 5-A: READY FOX ASSEMBLIES PROGRAM (FALL 20181 Objective: Continue implementation of the successful Ready Fox/Promise to Prepare school assemblies educational programming. This will be accomplished through a multitude of activities, including expanded assemblies, presentations to community and stakeholder groups, bus advertising and more. Task Description: Handle all aspects of programming, materials development and distribution, school assemblies and other activities/events. Activities and assignments include: a. Elementary School Assembly Program - extend and implement elementary school assembly program and promotion throughout Orange County, seeking to conduct approximately 8 total assemblies during the contracted period. i. This encompasses scheduling, supporting and promoting assemblies leveraging Officer John Reed or another professional speaker with elementary schools throughout Orange County. ii. Officer John Reed/professional speaker is responsible for conducting assemblies on his own, with the exception of 1-2 assemblies which will be additionally staffed for formal research and feedback as well as for quality control. iii. Tasks include booking assemblies, managing the annual calendar, promoting events through OCDE, school districts and individual school sites, capturing, posting and distributing video, photos and other content, creating and distributing information kits, post -event school follow-up and more. b. OCDE & School Districts Communication Program - develop and disseminate regular quarterly communications that promote ROC and P2P emergency preparedness initiatives to and through the county (OCDE) and school districts. Responsibilities: WBC shall: 25G-28 14 a. Develop the initiative and seek plan approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee Santa Ana shall: a. Approve plan and activities Completion Criteria: This task is considered complete upon delivery of presentations to the required schools and when the Santa Ana Project Manager signs the task completion letter. Completion is planned to occur by November 2018. TASK 5-13: READY FOX ASSEMBLIES PROGRAM (WINTER/SPRING 2019) Objective: Continue implementation of the successful Ready Fox/Promise to Prepare school assemblies educational programming. This will be accomplished through a multitude of activities, including expanded assemblies, presentations to community and stakeholder groups, bus advertising and more. Task Description: Handle all aspects of programming, materials development and distribution, school assemblies and other activities/events. Activities and assignments include: a. Elementary School Assembly Program - extend and implement elementary school assembly program and promotion throughout Orange County, seeking to conduct approximately 8 total assemblies during the contracted period. L This encompasses scheduling, supporting and promoting assemblies leveraging Officer John Reed or another professional speaker with elementary schools throughout Orange County. ii. Officer John Reed/professional speaker is responsible for conducting assemblies on his own, with the exception of 1-2 assemblies which will be additionally staffed for formal research and feedback as well as for quality control. iii. Tasks include booking assemblies, managing the annual calendar, promoting events through OCDE, school districts and individual school sites, capturing, posting and distributing video, photos and other content, creating and distributing information kits, post -event school follow-up and more. b. OCDE & School Districts Communication Program - develop and disseminate regular quarterly communications that promote ROC and P213 emergency preparedness initiatives to and through the county (OCDE) and school districts. Responsibilities: WBC shall: a. Develop the initiative and seek plan approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee Santa Ana shall: a. Approve plan and activities Completion Criteria: 25G-29 is This task is considered complete upon delivery of presentations to the required schools and when the Santa Ana Project Manager signs the task completion letter. Completion is planned to occur by April 2019. TASK 5-C: MEDIA OUTREACH FEATURING READY FOX (FALL 2018) Objective: Implement a combined bus -mobile promotion featuring Ready Fox and Officer Friendly, or create illustrated version featuring only Ready Fox, in support of educational programming, family preparedness planning and the overall Promise to Prepare initiative. Task Description: Implement a bus -mobile advertising promotion throughout Orange County using previously created visuals of John Reed and Ready Fox (or new illustrated artwork featuring Ready Fox) to share the message of preparedness among the community. This includes a minimum buy of 20 OCTA bus ads and a minimum mobile/digital run of 4 -weeks. Responsibilities: WBC shall: a. Develop the initiative and seek plan (and creative, if needed) approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee Santa Ana shall: a. Approve plan and activities Completion Criteria: This task is considered complete upon purchase and implementation of the bus advertising and when the Santa Ana Project Manager signs the task completion letter. Completion is planned to occur by October 2018. TASK 5-D: MEDIA OUTREACH FEATURING READY FOX (WINTER/SPRING 2018) Objective: Implement a combined bus -mobile promotion featuring Ready Fox and Officer Friendly, or create illustrated version featuring only Ready Fox, in support of educational programming, family preparedness planning and the overall Promise to Prepare initiative. Task Description: Implement a bus -mobile advertising promotion throughout Orange County using previously created visuals of John Reed and Ready Fox (or new illustrated artwork featuring Ready Fox) to share the message of preparedness among the community. This includes a minimum buy of 20 OCTA bus ads and a minimum mobile/digital run of 4 -weeks. Responsibilities: WBC shall: b. Develop the initiative and seek plan (and creative, if needed) approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee Santa Ana shall: 16 25G-30 b. Approve plan and activities Completion Criteria: This task is considered complete upon purchase and implementation of the bus advertising and when the Santa Ana Project Manager signs the task completion letter. Completion is planned to occur by April 2019. TASK 5-E: PROFESSIONAL SERVICES STAFFING Objective: Provide professional staffing through Officer John Reed for education -based outreach such as school assemblies, after-school programs and other similar activities supporting the ROC campaign. Task Description: Officer Reed leads all staffing for school assemblies and other education -based programming. This includes staffing a minimum of two dozen elementary school assembly programs based on an annual events calendar coordinated, booked and administered by the Westbound team. This task covers both professional services fees and out of pocket costs for expenses such as mileage and materials. Responsibilities: WBC shall: a. Develop the initiative and seek plan approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee Santa Ana shall: a. Approve plan and activities Completion Criteria: Services and costs under this task, since they are professional services, are invoiced monthly as accrued by Officer Reed. Detailed time sheets and expense reports will be submitted with all invoices. Completion of all assignments under this contract will occur by May 2019. TASK 6: COMMUNITY & CITIZENS OUTREACH Objective: Develop and implement ongoing community and citizens' outreach at targeted community, emergency preparedness, faith -based and other designated events and/or presentation venues, seeking to reach and engage with hundreds of thousands of citizens and community members. Task Description: See sub -tasks for specifics. Responsibilities: See sub -tasks for specifics. 25G-31 17 Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety. TASK 6-A: COMMUNITY & CITIZENS OUTREACH (FALL 20181 Objective: Develop and implement ongoing community and citizens' outreach at targeted community, emergency preparedness, faith -based and other designated events and/or presentation venues, seeking to reach and engage with hundreds of thousands of citizens and community members. Task Description: Calendar, staff and manage up to 8 community (ex. Irvine Global Village Festival) and emergency preparedness (ex. Dana Point Preparedness Expo) events as well as presentations and faith -based Ready Sunday events to targeted community organ izations/groups. Activities include: a. Master Community & Citizen Events Calendar - create and manage a master annual calendar for all milestone events that ROC will participate in and/or staff in support of emergency preparedness outreach efforts and the P2P initiative. b. Event Promotion & Staffing - promote and staff (as appropriate) up to 8 community events throughout Orange County that are aligned with the Master Community & Citizen Events Calendar. Event activities may include table displays, team presentations, ROC/102P materials and giveaway distribution and more. Responsibilities: WBC shall: a. Develop the outreach and seek plan approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee b. Execute the outreach in accordance with the approved plan Santa Ana shall: a. Approve plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the calendared event outreach and when the Santa Ana Project Manager signs the task completion letter. Completion is planned December 2018. TASK 6-13: COMMUNITY & CITIZENS OUTREACH (WINTER/SPRING 2019) Objective: Develop and implement ongoing community and citizens' outreach at targeted community, emergency preparedness, faith -based and other designated events and/or presentation venues, seeking to reach and engage with hundreds of thousands of citizens and community members. is 25G-32 Task Description: Calendar, staff and manage up to 8 community (ex. Rossmoor Community Festival) and emergency preparedness (ex. OCWD Children's Water Festival) events as well as presentations and faith -based Ready Sunday events to targeted community organ izations/groups. Activities include: a. Master Community & Citizen Events Calendar - create and manage a master annual calendar for all milestone events that ROC will participate in and/or staff in support of emergency preparedness outreach efforts and the P213 initiative. b. Event Promotion & Staffing - promote and staff (as appropriate) up to 8 community events throughout Orange County that are aligned with the Master Community & Citizen Events Calendar. Event activities may include table displays, team presentations, ROC/P213 materials and giveaway distribution and more. Responsibilities: WBC shall: a. Develop the outreach and seek plan approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee b. Execute the outreach in accordance with the approved plan Santa Ana shall: a. Approve plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the calendared event outreach and when the Santa Ana Project Manager signs the task completion letter. Completion is planned by April 2019. TASK 7: 2018/2019 CORPORATE ADVISORY COUNCIL (CAC) & PARTNERING Objective: Continue managing current CAC group with emphasis on enhancing participation benefits, retaining current active members, and expanding successes in leveraging CAC resources, connections and contributions to the overall ROC initiative during the contract period. Task Description: See sub -tasks for specifics. Responsibilities: See sub -tasks for specifics. Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety. TASK 7-A: CAC & PARTNERING (FALL 2018) 19 25G-33 Objective: Continue managing current CAC group with emphasis on enhancing participation benefits, retaining current active members, and expanding successes in leveraging CAC resources, connections and contributions to the overall ROC initiative during the year. Task Description: Continue momentum to expand the success of the council to help provide opportunities, extensions, and ongoing support for ROC. Activities include: a. CAC Designated Ambassador — continue to leverage and refine the designated CAC ambassadors to facilitate and deepen relationship efforts. b. One -on -One Outreach Tour— continue successful strategy to outreach to CAC members in a high -touch, one-to-one manner to generate customized opportunities for promotional investment and support of the ROC campaign. Responsibilities: WBC shall: a. Develop and implement the program with approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee Santa Ana shall: a. Approve the program and promotional efforts Completion Criteria: This task will be implemented throughout the performance period and when the Santa Ana Project Manager signs the task completion letter. Completion is planned to occur by December 2018. TASK 7-13: CAC & PARTNERING (WINTER/SPRING 20191 Objective: Continue managing current CAC group with emphasis on enhancing participation benefits, retaining current active members, and expanding successes in leveraging CAC resources, connections and contributions to the overall ROC initiative during the year. Task Description: Continue momentum to expand the success of the council to help provide opportunities, extensions, and ongoing support for ROC. Activities include: a. CAC Designated Ambassador — continue to leverage and refine the designated CAC ambassadors to facilitate and deepen relationship efforts. b. One -on -One Outreach Tour— continue successful new strategy to outreach to CAC members in a high -touch, one-to-one manner to generate customized opportunities for promotional investment and support of the ROC campaign. Responsibilities: WBC shall: a. Develop and implement the program with approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee 20 25G-34 Santa Ana shall: a. Approve the program and promotional efforts Completion Criteria: This task will be implemented throughout the performance period and when the Santa Ana Project Manager signs the task completion letter. Completion is planned by April 2019. TASK 8• WEBSITE, SOCIAL MEDIA & MOBILE OUTREACH AND MAINTENANCE Objective: Update, manage, host and maintain the ReadyOC.org website and provide recommendations for updates to improve the user experience and functionality. Also update, manage and maintain campaign social media channels 24/7 during the contract term. Website and social media will be leveraged to continue to support the campaign's public awareness and engagement activities. Task Description: See sub -tasks for specifics. Responsibilities: See sub -tasks for specifics. Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety. TASK 8-A: WEBSITE, SOCIAL MEDIA. ONLINE & MOBILE APP OUTREACH AND MAINTENANCE (FALL 2018) Objective: Update, manage, host and maintain the ReadyOC.org website and provide recommendations for updates to improve the user experience and functionality. Also update, manage and maintain campaign social media channels, Twitter, Facebook, Instagram and YouTube, 24/7 through the fall 2018. Task Description: Handle all aspects of website and social media updates, optimization, hosting, maintenance, management and metrics/reporting needs in accordance with ROC approved processes and protocols. a. Web Hosting Service — coordinate and maintain third party hosting service for website on annual basis with service provider b. Interactive Web Elements - create and implement three Animoto presentations (online video/photo presentations) and three to four new focus area updates for the website homepage per month c. Quality Check — implement a quality check of all links, content and verbiage of the ReadyOC.org website to ensure content is up-to-date for visitors 21 25G-35 d. Social Media Content - create and share engaging photo, video and relevant preparedness content via social media channels daily, tracking the impressions weekly e. Manage and Enhance ROC Smartphone App — track downloads weekly, send monthly push notifications, update technical features and enhance smartphone app for Apple and Android mobile and tablet products with a new feature such improvement navigation and database functionality. f. App Promotion Plan & Program — develop and implement plan to promote and drive app downloads. This will include a mix of publicity, advertising, video, website, social media and other offline and online marketing elements. Responsibilities: WBC shall: a. Develop the initiative, elements and seek plan approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee Santa Ana shall: a. Approve web elements, collateral materials and social media plan Completion Criteria: This task is considered complete upon the completion of the support period and when the Santa Ana Project Manager signs the task completion letter. Completion is planned by December 2018. Objective: Update, manage, host and maintain the ReadyOC.org website and provide recommendations for updates to improve the user experience and functionality. Also update, manage and maintain campaign social media channels, Twitter, Facebook, Instagram and YouTube, 24/7 during this period. Task Description: Handle all aspects of website and social media updates, optimization, hosting, maintenance, management and metrics/reporting needs in accordance with ROC approved processes and protocols. a. Web Hosting Service — coordinate and maintain third party hosting service for website on annual basis with service provider b. Interactive Web Elements - create and implement two Animoto presentations (online video/photo presentations) and three to four new focus area updates for the website homepage per month c. Quality Check — implement a quality check of all links, content and verbiage of the ReadyOC.org website to ensure content is up-to-date for visitors d. Social Media Content - create and share engaging photo, video and relevant preparedness content via social media channels daily, tracking the impressions weekly e. Manage and Enhance ROC Smartphone App — track downloads weekly, send monthly push notifications, update technical features and enhance smartphone app for Apple 22 25G-36 and Android mobile and tablet products with a new feature such improvement navigation and database functionality. f. App Promotion Plan & Program — develop and implement plan to promote and drive app downloads. This will include a mix of publicity, advertising, video, website, social media and other offline and online marketing elements. Responsibilities: WBC shall: a. Develop the initiative, elements and seek plan approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee Santa Ana shall: a. Approve web elements, collateral materials and social media plan Completion Criteria: This task is considered complete upon the completion of the support period and when the Santa Ana Project Manager signs the task completion letter. Completion is planned by the end of March 2019. TASK 9: COLLATERAL MATERIALS Objective: Develop, produce and update ROC and P2P collateral materials for use in all programming as appropriate. Task Description: Handle design, writing, production and distribution of all materials supporting ROC and P2P initiatives. a. ROC Preparedness Bucket List Flyers, 2,000 total quantity b. ROC Family Emergency Plans, 15,000 total quantity c. P2P Fact Sheets, 15,000 total quantity Responsibilities: WBC shall: a. Develop all materials and seek approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee b. Produce materials in accordance with Steering Committee approvals Santa Ana shall: a. Approve materials Completion Criteria: This task is considered complete upon the order or delivery of the promotional materials, given requirements in some instances for upfront payment, and when the Santa Ana Project Manager signs the task completion letter. Completion is planned to occur by December 2018. TASK 10: PROMOTIONAL MATERIALS 23 25G-37 Objective: Develop, produce and update ROC and P2P promotional materials for use in all programming as appropriate. Task Description: Handle design, writing, production and distribution of all materials supporting ROC and P2P initiatives. a. ROC/P2P Wristbands, 10,000 total quantity b. ROC/P2P Emergency Document Bags, 15,000 total quantity c. ROC/P2P Hand -Crank Flashlights, 1,000 total quantity Responsibilities: WBC shall: a. Develop all materials and seek approval from the Santa Ana Project Manager in alignment with the ROC Steering Committee b. Produce materials in accordance with Steering Committee approvals Santa Ana shall: a. Approve materials Completion Criteria: This task is considered complete upon the order or delivery of the promotional materials, given requirements in some instances for upfront payment, and when the Santa Ana Project Manager signs the task completion letter. Completion is planned to occur by February 2019. 24 25G-38 G1 Z IV V/ W_ a m c 0 N d n r LL 25G-39 m m m rn Q' m m rn m m rn m rn m rn m rn rn m rn m rn m rn m rn rn O O O N O N O N O N O N O N O N O N O N O N O N O N O N O N N N N N N N N N N N _ N N n N N > > U T > T U U U U d T O O li Q' O Z O Z Q O m Z Q O Q a O Q O Q n O O O O O O O O O O O O O O O O O O O O O O O O O O O OO O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O c:5 O O O O 0 O OO 0 O O O O O O O O O O O O O O O O O O O O O O C 0 C 0 0 C 0 0 N O_ C) O) U N N uJ Ili h m O_ O_ m m O_ Hi E9 to M Vf !9 M to V3 fA Vi Vi Vi (9 to N M RA M M f9 NM M M Vf M fA O N n a rn ## U N d C ILN N Ol Ol Q� Z N m N 6 Q O .V'.. U NO O A O O O rn rn O 6 C C O O O O E E Q 0 E 0 0 E E a x a s LL =a LL a1 O_ oe as °a o c O a o s m o 0 m IL `m 5 OaMtNoN 5 O@ M N N 6 Q d Q m 0 0 LL O N m Zo mmaf w00 0 2 mmUm O -5 O O N O K mO O 0m mnNOi = o o im O O =OD O fJawQJaZn w LLU T cc ywYvwoM�!o lm Z0O O O O O O LL O LL r OE O J O Sn <OO N T b b m O m O m E E Ea E @ U O ZmvO mNmN U U O m O_ L) 0 O Y O Y Y a d QQ O I N 00 I I J O I� U U U w Q [l1 U O Q [D U Q m U O W Q m T N N N N CS CS th V V V<< Q Q] U O W Q m Q m C y N N N Y Y Y Y Y Y Y Y th m 1h N w IO (b r^ Y N. m m m M m m m y m m N N N 1A N N N N r N r t0 Y m Y m 1� y N m N m W y N r N r m y y rn fA to m m m r r r m r r y F- H m m H c a s a a a a a a a a o r r r r r r r r r r U 25G-39 Exhibit B If You See Something, Say Something (S4) — OC Initiative FYI S4 STATEMENT OF WORK General Information: The following Statement of Work (SOW) defines the principle activities and responsibilities of all parties for public outreach services to support the "If You See Something, Say Something" (S4) initiative for Orange County. This scope of work shall stand as an agreement between the City of Santa Ana (hereinafter Santa Ana) and Westbound Communications (hereinafter WBC). WBC will supply the following services during a 10 -month term: o S4 Media Promotions o Paid and sponsored advertising o Public Service Announcements (PSAs) o Earned media (editorial publicity) o Marketing Support for S4 Program 0 2018 marketing road map o Citizen and community outreach o Promotional partnering o Event marketing o Project Administration Services o S4 Microsite and Social Media Platform Management o Site maintenance management o Social media content development and outreach o Social media maintenance management No deviation of this SOW will be allowed without written consent from the Santa Ana Project Manager. Nevertheless, Santa Ana recognizes that projects of this magnitude will likely encounter various unforeseeable events that may cause tasks to overlap or change, and such change will be permissible with the approval of Santa Ana Project Manager. This SOW is contingent upon both WBC and Santa Ana fulfilling their respective responsibilities as defined in the Agreement and within this document. Contents The following are included with this SOW: • Task Descriptions • Project Change Order • Project Schedule • Milestone Payment Schedule 25G-40 General Project Management Responsibilities Project management occurs throughout the project and is involved in every task. The overall project management activities are listed here for reference. Westbound Responsibilities: a. Maintain project communications with Santa Ana's Project Manager. b. Manage the efforts of the WBC staff and coordinate WBC activities with the Santa Ana Project Manager. c. Conduct on-site status meetings with Santa Ana's Project Manager on a monthly basis or when reasonably required at the discretion of Santa Ana to discuss project status. d. Provide timely responses, within ten (10) business days, to issues raised by Santa Ana's Project Manager. e. Prepare and submit, no later than the fifth business day of each month, a status report that includes: the accomplishments of the previous month, activities planned for the current month and any update to the project schedule. f. Prepare and submit project Change Proposals to Santa Ana's Project Manager as necessary. g. Prepare and submit Task Completion Letter(s) to Santa Ana's Project Manager as necessary. Santa Ana Responsibilities: a. Maintain project communications with the WBC Project Manager. b. Manage the efforts of S4 involved staff and coordinate S4 activities with the WBC Project Manager. c. The Project Manager must ensure that their personnel have ample time, resources, and expertise to carry out their respective tasks and responsibilities. d. The Project Manager or his designee will participate in the status meeting with the WBC Project Manager on a monthly basis or as may otherwise be reasonably required to discuss project status. e. Provide timely responses, within ten (10) business days, to issues raised by the WBC Project Manager. f. Liaison with all Santa Ana -provided third -parry vendors and associated systems. g. Ensure acceptable Change Orders are approved by authorized signature(s). h. Ensure acceptable Task Completion Letter(s) are approved by the Project Manager or his designee. i. Ensure timely payment of invoices. j. Ensure WBC access to server and network equipment and work areas on a 24x7 basis, with pre -authorization for off -hours. k. Provide workspace for WBC personnel as reasonably requested. 25G-41 SOW Format: Each task includes the following: Title, Objective, Task Description, Responsibilities and Completion Criteria. The tasks are depicted on the project schedule. All parties recognize that the SOW is not formatted chronologically with contractual obligations defaulting to Project Schedule unless otherwise noted. TASK 1: 2018-19 S4 MARKETING ROAD MAP Objective: Create, establish and implement a formal marketing plan and road map to best promote and provide outreach for S4 during the campaign period. The road map will include project schedules, management procedures and proposed activities. Task Description: Develop, refine, review and approve plan for all campaign initiatives, including the marketing plan and project schedule. Activities include: a. Launch Meetings — conduct a minimum of two meetings with the Santa Ana Project Manager and one meeting with the S4 Steering Committee to present strategies and recommendations to get approval to proceed with the Road Map. b. 2018-19 Marketing Road Map — develop and submit a comprehensive marketing communications and promotions plan detailing strategies, objectives, tasks, schedules and metrics for all S4 activities during the contracted period. This includes delivery of a 30-40 slide PowerPoint deck plan that details all strategic goals and recommended programming for review by the S4 Steering Committee and for final approval by the Santa Ana Project Manager. c. Project Schedule — develop and complete a comprehensive project schedule that details timing for all activities. d. Project Management & Control Procedures — review and update, as needed, all currently approved control and administrative procedures (change orders, approval processes, etc.) and documents currently on file with the Santa Ana Project Manager. Responsibilities: WBC shall: a. Develop the initiative and seek plan approval from the S4 Steering Committee b. Execute the road map in accordance with approved plans Santa Ana shall: a. Approve the plan and promotion elements Completion Criteria: This task is considered complete upon the completion of the above deliverables and when the Santa Ana Project Manager signs the task completion letter. Planned completion and invoicing will be in October 2018. 25G-42 TASK 2: S4 STAKEHOLDER MEETINGS & PROMOTIONS Objective: Manage campaign updates, administration and promotions to the Steering Committee and Santa Ana Project Manager through activities including, but not limited to, meetings, monthly activity reporting, programming documentation, regular communications and presentations to Steering Committee and corresponding agency partners (ex: OCEMO, OCIAC, UAWG, COAD, OCCPSA, etc.). Task Description: Provide campaign and promotion updates to the Santa Ana Project Manager through daily and weekly phone calls, emails and meetings (as needed or requested). Manage the ongoing reporting and measurement of campaign data including event impressions, media coverage, social media impressions and website traffic, among others. Maintain weekly and monthly communication with the S4 Steering Committee, including at least one in-person meeting a quarter. Conduct up to eight presentations or meetings with agency and campaign partners. Responsibilities: WBC shall: a. Coordinate, manage and participate in at least one Steering Committee meeting per quarter b. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana Project Manager c. Manage the weekly and monthly reporting of campaign measurement d. Manage ongoing expense tracker, budget and campaign schedule e. Submit task completion letters with task invoices to the Santa Ana Project Manager Santa Ana shall: a. Approve campaign progress, updates and promotions b. Support and facilitate partnering and sponsorship efforts with Steering Committee Completion Criteria: This task is considered complete upon completion of administrative deliverables and when the Santa Ana Project Manager signs the completion letter for each subtask noted below. To assure cost and quality controls while accommodating the monthly nature of required work, the task completion is divided into quarterly periods, with each period being considered completed as described in the following subtasks. TASK 2-A: S4 STAKEHOLDER MEETING & PROMOTIONS (SEP -OCT 2018) Objective: Manage campaign updates, administration and promotions to the Steering Committee and Santa Ana Project Manager through activities including, but not limited to, meetings, monthly activity reporting, programming documentation, regular communications and presentations to Steering Committee and corresponding agency partners during this quarterly period. Task Description: Provide campaign and promotion updates to the Santa Ana Project Manager through daily and weekly phone calls, emails and meetings (as needed or requested). Manage the ongoing 4 25G-43 reporting and measurement of campaign data including event impressions, media coverage, social media impressions and website traffic, among others. Maintain weekly and monthly communication with the Steering Committee, including at least one formal meeting/conference call during the quarter, unless otherwise directed and approved by the Santa Ana Project Manager. Responsibilities: WBC shall: a. Coordinate, manage and participate in at least one Steering Committee meeting b. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana Project Manager c. Manage the weekly and monthly reporting of campaign measurement d. Manage ongoing expense tracker, budget and campaign schedule e. Submit task completion letters with task invoices to the Santa Ana Project Manager Santa Ana shall: a. Approve campaign progress, updates and promotions b. Support and facilitate partnering and sponsorship efforts with Steering Committee Santa Ana shall: a. Approve campaign progress, updates and promotions Completion Criteria: This task is considered complete upon completion of administrative deliverables and when the Santa Ana Project Manager signs the completion letter for the task. Planned completion and implementation is by the end of October 2018. TASK 2-B: S4 STAKEHOLDER MEETINGS & PROMOTIONS (NOV 2018 -FEB 2019 Objective: Manage campaign updates, administration and promotions to the Steering Committee'and Santa Ana Project Manager through activities including, but not limited to, meetings, monthly activity reporting, programming documentation, regular communications and presentations to Steering Committee and corresponding agency partners during this quarterly period. Task Description: Provide campaign and promotion updates to the Santa Ana Project Manager through daily and weekly phone calls, emails and meetings (as needed or requested). Manage the ongoing reporting and measurement of campaign data including event impressions, media coverage, social media impressions and website traffic, among others. Maintain weekly and monthly communication with the Steering Committee, including at least one formal meeting/conference call during the quarter, unless otherwise directed and approved by the Santa Ana Project Manager. Responsibilities: WBC shall: a. Coordinate, manage and participate in at least one Steering Committee meeting b. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana Project Manager 25G-44 c. Manage the weekly and monthly reporting of campaign measurement d. Manage ongoing expense tracker, budget and campaign schedule e. Submit task completion letters with task invoices to the Santa Ana Project Manager Santa Ana shall: a. Approve campaign progress, updates and promotions b. Support and facilitate partnering and sponsorship efforts with Steering Committee Santa Ana shall: a. Approve campaign progress, updates and promotions Completion Criteria: This task is considered complete upon completion of administrative deliverables and when the Santa Ana Project Manager signs the completion letter for the task. Planned completion and implementation is by the end of February 2019. TASK 2-C: S4 STAKEHOLDER MEETINGS & PROMOTIONS (MAR -APR 2019) Objective: Manage campaign updates, administration and promotions to the Steering Committee and Santa Ana Project Manager through activities including, but not limited to, meetings, monthly activity reporting, programming documentation, regular communications and presentations to Steering Committee and corresponding agency partners during this quarterly period. Task Description: Provide campaign and promotion updates to the Santa Ana Project Manager through daily and weekly phone calls, emails and meetings (as needed or requested). Manage the ongoing reporting and measurement of campaign data including event impressions, media coverage, social media impressions and website traffic, among others. Maintain weekly and monthly communication with the Steering Committee, including at least one formal meeting/conference call during the quarter, unless otherwise directed and approved by the Santa Ana Project Manager. Responsibilities: WBC shall: a. Coordinate, manage and participate in at least one Steering Committee meeting a. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana Project Manager b. Manage the weekly and monthly reporting of campaign measurement c. Manage ongoing expense tracker, budget and campaign schedule d. Submit task completion letters with task invoices to the Santa Ana Project Manager Santa Ana shall: a. Approve campaign progress, updates and promotions b. Support and facilitate partnering and sponsorship efforts with Steering Committee Santa Ana shall: a. Approve campaign progress, updates and promotions 25G-45 Completion Criteria: This task is considered complete upon completion of administrative deliverables and when the Santa Ana Project Manager signs the completion letter for the task. Planned completion and implementation is by the end of April 2019. TASK 2-D: S4 STAKEHOLDER MEETINGS & PROMOTIONS (MAY -JUN 2019 Objective: Manage campaign updates, administration and promotions to the Steering Committee and Santa Ana Project Manager through activities including, but not limited to, meetings, monthly activity reporting, programming documentation, regular communications and presentations to Steering Committee and corresponding agency partners during this quarterly'period. Task Description: Provide campaign and promotion updates to the Santa Ana Project Manager through daily and weekly phone calls, emails and meetings (as needed or requested). Manage the ongoing reporting and measurement of campaign data including event impressions, media coverage, social media impressions and website traffic, among others. Maintain weekly and monthly communication with the Steering Committee, including at least one formal meeting/conference call during the quarter, unless otherwise directed and approved by the Santa Ana Project Manager. Responsibilities: WBC shall: a. Coordinate, manage and participate in at least one Steering Committee meeting b. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana Project Manager c. Manage the weekly and monthly reporting of campaign measurement d. Manage ongoing expense tracker, budget and campaign schedule e. Submit task completion letters with task invoices to the Santa Ana Project Manager Santa Ana shall: a. Approve campaign progress, updates and promotions b. Support and facilitate partnering and sponsorship efforts with Steering Committee Santa Ana shall: a. Approve campaign progress, updates and promotions Completion Criteria: This task is considered complete upon completion of administrative deliverables and when the Santa Ana Project Manager signs the completion letter for the task. Planned completion and implementation is by the end of June 2019. TASK 3: S4 MEDIA PROMOTIONS Objective: Develop and implement a comprehensive media promotion program to maximize campaign visibility through paid, sponsored and earned coverage through a combination of outdoor (bus 25G-46 shelters, buses, kiosks, billboards, etc.), print, online, digital and broadcast media Task Description: See sub -tasks for specifics. Responsibilities: See sub -tasks for specifics. Completion Criteria: This task is considered complete when budgeted sub -tasks have been completed in their respective entirety. TASK 3-A: OUTDOOR PROGRAM (FALL 2018 Objective: Develop and implement an awareness program using bus ads, bus shelters, venue kiosks, facility displays, window clings and other outdoor mediums as appropriate. Task Description: Design and produce a minimum of three graphic designs (updated and/or customized "animal' graphics, mobile app promo or other) approved by the Project Manager with support from the S4 Steering Committee and then secure minimum of 50 placements (ex. on bus sides, bus interiors, in bus shelters, etc.) generating a minimum of three million measured impressions. Responsibilities: WBC shall: a. Create and produce three graphic designs and secure a minimum of 50 media placements as described above Santa Ana shall: a. Review and approve the three graphics and the secured media opportunities Completion Criteria: This task is considered complete upon the completion of the deliverables, the pre -purchase of negotiated advertising and/or sponsored space and when the Santa Ana Project Manager signs the task completion letter. Planned completion is November 2018. TASK 3-13: DIGITAL/MOBILE MEDIA PROGRAM (FALL 20181 Objective: Update and expand a mobile/digital awareness program and app download support initiative using geo-targeted digital and/or online media leveraging the animal, mobile app promo and/or other approved graphics. Task Description: Design and produce a minimum of three graphic designs (animal graphics or other) approved by the Project Manager and then research and secure geo-targeted digital/online advertising (delivering a minimum of two million impressions) to drive awareness and promote S4 mobile s 25G-47 app downloads. Responsibilities: WBC shall: a. Create and produce three graphic designs and secure a minimum of media placements as described above Santa Ana shall: a. Review and approve the three graphics and the secured media opportunities Completion Criteria: This task is considered complete upon the completion of the deliverables, the pre -purchase of negotiated advertising and/or sponsored space and when the Santa Ana Project Manager signs the task completion letter. Planned completion is December 2018. TASK 3-C: S4 OUTDOOR OR CINEMA MEDIA PROGRAM (SPRING 2019 Objective: Leverage the fall 2018 program OR explore and implement a selective theater -based PSA program (using still or :30 video PSAs) that promotes the campaign message and emphasizes/encourages active mobile app downloads. Task Description: Leverage existing graphics from fall 2018 OR develop new creative for theater use approved by the Project Manager with support from the S4 Steering Committee. Then either secure a minimum of 50 placements (ex. on bus sides, bus interiors, in bus shelters, etc.) generating a minimum of three million measured impressions OR secure selected placements within OC - based theaters to generate a minimum of one million highly targeted impressions. Responsibilities: WBC shall: a. Create and produce three graphic designs and secure a minimum of 50 media placements OR produce a slide/:30 PSA as described above Santa Ana shall: a. Review and approve the three graphics and the secured media opportunities Completion Criteria: This task is considered complete upon the completion of the deliverables, the pre -purchase of negotiated advertising and/or sponsored space and when the Santa Ana Project Manager signs the task completion letter. Planned completion is April 2019. TASK 3-D: DIGITAL/ONLINE MEDIA PROGRAM (SPRING 2019) Objective: Update and expand a mobile/digital awareness program and app download support initiative using geo-targeted digital and/or online media leveraging the animal, mobile app promo and/or other approved graphics. 9 25G-48 Task Description: Design and produce a minimum of three graphic designs (animal graphics or other) approved by the Project Manager and then research and secure geo-targeted digital/online advertising (delivering a minimum of two million impressions) to drive awareness and promote S4 mobile app downloads. Responsibilities: WBC shall: a. Create and produce three graphic designs and secure a minimum of media placements as described above Santa Ana shall: a. Review and approve the three graphics and the secured media opportunities Completion Criteria: This task is considered complete upon the completion of the deliverables, the pre -purchase of negotiated advertising and/or sponsored space and when the Santa Ana Project Manager signs the task completion letter. Planned completion is May 2019. TASK 4: S4 MOBILE APP MANAGEMENT & GENERAL PROMOTIOM Objective: Continue to develop, update, expand and promote the campaign's S4 mobile app to enhance content, functionality and accessibility, as well as to support downloads. Task Description: See sub -tasks for specifics. Responsibilities: See sub -tasks for specifics. Completion Criteria: This task is considered complete when budgeted sub -tasks have been completed in their respective entirety. TASK 4-A: S4 MOBILE APP DEVELOPMENT & PROMOTION (FALL 2018) Objective: Update, manage, maintain and track the campaign's mobile app content, platform and performance 24/7 in accordance with approved processes and protocols. In addition, support promotional efforts that encourage and drive downloads. This includes developing and/or updating one promotional flyer (8.5" x 11 ") and one promotional "business card" as handouts/giveaways that guide community members/users to the app and highlight app capabilities. Task Description: 25G-49 10 Maintain the campaign's mobile app through daily and weekly management, maintenance and measurement. Responsibilities: WBC shall: a. Update content as appropriate b. Manage the hosting of the mobile app platform c. Develop and/or update and produce one promotional flyer and one "business card" for community distribution in hard copy and digitally Santa Ana shall: a. Approve app updates, management activities, and promotional support materials Completion Criteria: The task is considered complete upon the completion of deliverables and when the Santa Ana Project Manager signs the task completion letter in October 2018. TASK 4-13: S4 MOBILE APP DEVELOPMENT & PROMOTION (SPRING 2019) Objective: Update, manage, maintain and track the campaign's mobile app content, platform and performance 24/7 in accordance with approved processes and protocols. In addition, support promotional efforts that encourage and drive downloads. Task Description: Maintain the campaign's mobile app through daily and weekly management, maintenance and measurement. Responsibilities: WBC shall: a. Update content as appropriate b. Manage the hosting of the mobile app platform Santa Ana shall: a. Approve app updates, management activities, and promotional support materials Completion Criteria: The task is considered complete upon the completion of deliverables and when the Santa Ana Project Manager signs the task completion letter in April 2019. TASK 5: S4 SOCIAL MEDIA AND MICROSITE MANAGEMENT & MAINTENANCE Objective: Update, manage and maintain the campaign social media channels and the KeepOCSafe.org microsite technical and content platforms 24/7 during the contract term. Both platforms will continue to support the campaign's public awareness and engagement activities. Task Description: 25G-50 ii See sub -tasks for specifics. Responsibilities: See sub -tasks for specifics. Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety. TASK 5-A: S4 SOCIAL MEDIA & MICROSITE MANAGEMENT (SEP -OCT 2018 Objective: Update, manage and maintain the campaign's social media channels technical and content platforms 24/7, all in accordance with the approved processes and protocols for each medium. In addition, update, manage and maintain the KeepOCSafe.org microsite technical and content platforms. The microsite will continue to support the campaign's public awareness and engagement activities. Task Description: Maintain the campaign's Twitter, Instagram and YouTube social media platforms through daily and weekly content updates, management, maintenance and measurement. This includes, but is not limited to, content research and updates, social media plan, protocol and tracking. Create and implement at least one Animoto or other video/photo presentation. Host, maintain and refresh the KeepOCSafe.org microsite through weekly and monthly technical and content platform updates. These include, and are not limited to, event and backpack display schedules, photos, media coverage, link updates and more. Responsibilities: WBC shall: a. Share content including, but not limited to, videos, graphics, links and photos, via the campaign's Twitter, Instagram and YouTube platforms a minimum of 10 times a week b. Develop and produce one Animoto with approval from the Steering Committee. c. Host the KeepOCSafe.org microsite. d. Manage one technical and content microsite platform update a month. Santa Ana shall: a. Approve microsite updates and management activities, along with social media platform elements. Completion Criteria: The task is considered complete upon the completion of deliverables and when the Santa Ana Project Manager signs the task completion letter in October 2018. TASK 5-B: S4 SOCIAL MEDIA & MICROSITE MANAGEMENT (NOV-DEC 2018) 12 25G-51 Objective: Update, manage and maintain the campaign's social media channels technical and content platforms 24/7, all in accordance with the approved processes and protocols for each medium. In addition, update, manage and maintain the KeepOCSafe.org microsite technical and content platforms. The microsite will continue to support the campaign's public awareness and engagement activities. Task Description: Maintain the campaign's Twitter, Instagram and YouTube social media platforms through daily and weekly content updates, management, maintenance and measurement. This includes, but is not limited to, content research and updates, social media plan, protocol and tracking. Create and implement at least one Animoto or other video/photo presentation. Host and maintain the KeepOCSafe.org microsite through weekly and monthly technical and content platform updates. These include, and are not limited to, event and backpack display schedules, photos, media coverage, link updates and more. Responsibilities: WBC shall: a. Share content including, but not limited to, videos, graphics, links and photos, via the campaign's Twitter, Instagram and YouTube platforms a minimum of 10 times per week. b. Develop and produce one Animoto with approval from the Steering Committee. c. Host the KeepOCSafe.org microsite. d. Manage one technical and content microsite platform update a month. Santa Ana shall: a. Approve microsite updates and management activities, along with social media platform elements. Completion Criteria: The task is considered complete upon the completion of deliverables and when the Santa Ana Project Manager signs the task completion letter in December 2018. TASK 5-C: S4 SOCIAL MEDIA & MICROSITE MANAGEMENT (JAN -MAR 2019 Objective: Update, manage and maintain the campaign's social media channels technical and content platforms 24/7, all in accordance with the approved processes and protocols for each medium. In addition, update, manage and maintain the KeepOCSafe.org microsite technical and content platforms. The microsite will continue to support the campaign's public awareness and engagement activities. Task Description: Maintain the campaign's Twitter, Instagram and YouTube social media platforms through daily and weekly content updates, management, maintenance and measurement. This includes, but is not limited to, content research and updates, social media plan, protocol and tracking. Create and implement at least one Animoto or other video/photo presentation. 13 25G-52 Host and maintain the KeepOCSafe.org microsite through weekly and monthly technical and content platform updates. These include, and are not limited to, event and backpack display schedules, photos, media coverage, link updates and more. Responsibilities: WBC shall: e. Share content including, but not limited to, videos, graphics, links and photos, via the campaign's Twitter, Instagram and YouTube platforms a minimum of 10 times per week. f. Develop and produce one Animoto with approval from the Steering Committee. g. Host the KeepOCSafe.org microsite. h. Manage one technical and content microsite platform update a month. Santa Ana shall: b. Approve microsite updates and management activities, along with social media platform elements. Completion Criteria: The task is considered complete upon the completion of deliverables and when the Santa Ana Project Manager signs the task completion letter in March 2019. TASK 5-D: S4 SOCIAL MEDIA & MICROSITE MANAGEMENT (APR -JUN 2019 Objective: Update, manage and maintain the campaign's social media channels technical and content platforms 24/7, all in accordance with the approved processes and protocols for each medium. In addition, update, manage and maintain the KeepOCSafe.org microsite technical and content platforms. The microsite will continue to support the campaign's public awareness and engagement activities. Task Description: Maintain the campaign's Twitter, Instagram and YouTube social media platforms through daily and weekly content updates, management, maintenance and measurement. This includes, but is not limited to, content research and updates, social media plan, protocol and tracking. Create and implement at least one Animoto or other video/photo presentation. Host and maintain the KeepOCSafe.org microsite through weekly and monthly technical and content platform updates. These include, and are not limited to, event and backpack display schedules, photos, media coverage, link updates and more. Responsibilities: WBC shall: i. Share content including, but not limited to, videos, graphics, links and photos, via the campaign's Twitter, Instagram and YouTube platforms a minimum of 10 times per week. j. Develop and produce one Animoto with approval from the Steering Committee. k. Host the KeepOCSafe.org microsite. I. Manage one technical and content microsite platform update a month. 14 25G-53 Santa Ana shall: c. Approve microsite updates and management activities, along with social media platform elements. Completion Criteria: The task is considered complete upon the completion of deliverables and when the Santa Ana Project Manager signs the task completion letter in June 2019. TASK 6: S4 MATERIALS & RESOURCES Objective: Develop, produce and update campaign collateral and resource materials for use in all programming as appropriate. Task Description: See sub -tasks for specifics. Responsibilities: See sub -tasks for specifics. Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety. TASK 6-A: S4 COLLATERAL MATERIALS Objective: Develop, produce and update campaign collateral materials for use in all programming as appropriate. Task Description: Manage the design, drafting, production and distribution of collateral materials in support of the S4 campaign initiatives. The materials that will be produced are: a. Updated S4 Consumer Handout: 2,000 total quantity b. S4 Color Sheets: 2,000 total quantity Responsibilities: WBC shall: a. Develop all materials and seek approvals from the Steering Committee b. Produce materials in accordance with Steering Committee approvals Santa Ana shall: a. Approve the collateral material elements. Completion Criteria: This task is considered complete upon delivery of the collateral materials and when the Santa Ana Project Manager signs the task completion letter. Completion is planned to occur by October 2018. 15 25G-54 TASK 6-13: S4 RESOURCE MATERIALS Objective: Develop, produce and update campaign resource materials for use in all programming as appropriate. Task Description: Manage the design, drafting, production and distribution of resource materials in support of the S4 campaign initiatives. The resource materials that will be produced are: a. S4 Ribbon Magnets: 1,000 total quantity. b. S4 Additional Promotional Item (e.g. branded wristbands, campaign stickers): 1,000 total quantity. Responsibilities: WBC shall: a. Develop all materials and seek approvals from the Steering Committee. b. Produce materials in accordance with Steering Committee approvals. Santa Ana shall: a. Approve the resource material elements. Completion Criteria: This task is considered complete upon delivery of the collateral materials and when the Santa Ana Project Manager signs the task completion letter. Completion is planned to occur by February 2019. TASK 7: S4 CITIZENS & COMMUNITY OUTREACH Objective: Continue to conduct community and citizens' outreach to secure the campaign's presence at events, via the giant red backpack display and/or through any additional Project Manager - approved promotional element at venues to build on the existing awareness of the campaign. Task Description: See sub -tasks for specifics. Responsibilities: See sub -tasks for specifics. Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety. TASK 7-A: S4 CITIZENS & COMMUNITY OUTREACH (SEP -OCT 2018) Objective: 25G-55 16 Continue to conduct community and citizens' outreach to secure the campaign's presence at events via installation of the giant red backpack or comparable approved promotional display and through program -branded materials/signage (ex. T -stands, flyers, posters, signs, window clings, etc.) that are customized and hand -delivered to select countywide venues, community events or facilities. The aim for all outreach is to build on existing awareness campaign awareness. Task Description: Secure a minimum of 5 total venues/events for displays, with a minimum of two displaying the red backpack display. Activities include: a. Master Community & Citizen Events Calendar — create and manage a master annual calendar for all display installation and materials distribution. This includes research and venue/event solicitation for the campaign. b. Display Installation and Management — handle all display logistics for at least two backpack installations. c. Materials Distribution & Management — handle all materials distribution and management for a minimum of 3 total sites/facilities. Responsibilities: WBC shall: a. Develop the outreach and seek plan approval from the ROC Steering Committee. b. Execute the outreach in accordance with the approved plan. Santa Ana shall: a. Approve plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the calendared event outreach and when the Santa Ana Project Manager signs the task completion letter. Formal calendaring of upcoming events will incur upfront logistics and event fees. Completion is planned for October 2018. TASK 7-13: S4 CITIZENS & COMMUNITY OUTREACH (NOV 2018 -JAN 2019 Objective: Continue to conduct community and citizens' outreach to secure the campaign's presence at events and or display of the giant red backpack or another promotional element at venues through the development and extension of promotional partners to build on the existing awareness of the campaign. Task Description: Secure a minimum of 5 total venues/events for displays, with a minimum of two displaying the red backpack display. Activities include: 25G-56 17 a. Master Community & Citizen Events Calendar — create and manage a master annual calendar for all display installation and materials distribution. This includes research and venue/event solicitation for the campaign. b. Display Installation and Management — handle all display logistics for at least two backpack installations. , c. Materials Distribution & Management — handle all materials distribution and management for a minimum of three total sites/facilities. Responsibilities: WBC shall: a. Develop the outreach and seek plan approval from the ROC Steering Committee. b. Execute the outreach in accordance with the approved plan. Santa Ana shall: a. Approve plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the calendared event outreach and when the Santa Ana Project Manager signs the task completion letter. Formal calendaring of upcoming events will incur upfront logistics and event fees. Completion is planned for January 2019. TASK 7-C: S4 CITIZENS & COMMUNITY OUTREACH (FEB -MAR 2019 Objective: Continue to conduct community and citizens' outreach to secure the campaign's presence at events and or display of the giant red backpack or another promotional element at venues through the development and extension of promotional partners to build on the existing awareness of the campaign. Task Description: Secure a minimum of 5 total venues/events for displays, with a minimum of two displaying the red backpack display. Activities include: a. Master Community & Citizen Events Calendar — create and manage a master annual calendar for all display installation and materials distribution. This includes research and venue/event solicitation for the campaign. b. Display Installation and Management — handle all display logistics for at least two backpack installations. c. Materials Distribution & Management — handle all materials distribution and management for a minimum of three total sites/facilities. Responsibilities: WBC shall: a. Develop the outreach and seek plan approval from the ROC Steering Committee. b. Execute the outreach in accordance with the approved plan. Santa Ana shall: 25G-57 is a. Approve plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the calendared event outreach and when the Santa Ana Project Manager signs the task completion letter. Formal calendaring of upcoming events will incur upfront logistics and event fees. Completion is planned for March 2018. TASK 7-D: S4 CITIZENS & COMMUNITY OUTREACH (APR -JUN 2019) Objective: Continue to conduct community and citizens' outreach to secure the campaign's presence at events and or display of the giant red backpack or another promotional element at venues through the development and extension of promotional partners to build on the existing awareness of the campaign. Task Description: Secure a minimum of 5 total venues/events for displays, with a minimum of two displaying the red backpack display. Activities include: a. Master Community & Citizen Events Calendar— create and manage a master annual calendar for all display installation and materials distribution. This includes research and venue/event solicitation for the campaign. b. Display Installation and Management — handle all display logistics for at least two backpack installations. c. Materials Distribution & Management — handle all materials distribution and management for a minimum of 3 total sites/facilities. Responsibilities: WBC shall: a. Develop the outreach and seek plan approval from the ROC Steering Committee. b. Execute the outreach in accordance with the approved plan. Santa Ana shall: a. Approve plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the calendared event outreach and when the Santa Ana Project Manager signs the task completion letter. Formal calendaring of upcoming events will incur upfront logistics and event fees. Completion is planned for June 2019. 19 25G-58 m 25G-59 0 N m m m m� m m m rn m rn m m rn m w m rn m m • O O O O N O O O O O O O O O O m O O O O O N N N N C N O N N N 6 N o N N ` N N N N N C N� N N N N N 0[0 CL O O LL' Z O¢ 0 O d Q O O O t0 LL O 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 S 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D o d o 0 0 0 0 0 0 0 0 0 0 0 0 o e 0 0 0 0 0 0 0 0 0 0 C 0 C 0 C 0 0 0 o 0 S o 0 0 C 0 0 0 o 0 u� 0 m 0 o 0 0 0 0 0 0 0 0 0 0 R9 fA !9 t9 (A f9 fA f9 fA 4f (9 fA M RA f9 E9 EA fA M M fA fA � N m m W W Of N N O p O U N N O O O� m g N Qi O O O C Q1 m N c E E E EE E m Ol P N m N N m C C C C N CC m O O O O 6?O > _NE E E E E O0 . ¢ O) f7 O LL O O S O a` a` a` a` E a E •a al ai •e '� `� m ai a a o. a w ami ami a1Oi ami m s A m m m m E F 9- v a Q a 5 c c E m a E m a •7 d d¢ 0 0 n n w v 0 p a Z o o Q y O a a n>> F J Z5 6 E> E> EQ m OadM> E U U> O > m •a m m r lO (O !O !0 O O W N N(Oj fp N N !q Y W (n In (n (n O a �° O 'y a Z O 0 O M N N N N C O sY V V sT K m a O Q U V 0 Q iv y??? m O m N Q 0 0 0 0 Q gO _ U U N J O U N w U U U U �-' W W m 0 G N Y• � d w ¢ m o o ¢ m o o ¢ m ¢ m(J o ¢ m ¢ m o o NC -4 N N f�J an t� NJ V < ui ui cp cb 1� ri r r Y YN Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y r r r r r r r r r r r r r r r r r r r r a V C Y Y Y N F F 0 25G-59 0 N 25G-60 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: APPROVE AGREEMENT AMENDMENT WITH OCEAN BLUE ENVIRONMENTAL SERVICES, INC. FOR SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING (STRATEGIC PLAN NO. 6, 1C) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an amendment to Agreement (A-2017-156) with Ocean Blue Environmental Services, Inc., to increase the annual expenditure amount from $250,000 per year to $280,000 per year, subject to nonsubstantive changes approved by the City Manager and City Attorney, increasing the two-year agreement amount from $500,000 to $560,000, for the period of June 20, 2017, through June 19, 2019, and the total agreement amount, including two one-year extensions exercisable by the City Manager and City Attorney, to $1,120,000. DISCUSSION Authorized by the Federal Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) permit program was established in 1972 to mitigate pollutant discharges to waters of the United States and to maintain water quality standards. In California, this program is regulated by the State Water Resources Control Board through its nine Regional Water Quality Control Boards. Compliance with the NPDES permit includes the cleaning of all City -owned storm drain facilities and the removal of hazardous materials and pollutant spills that could potentially discharge into the storm drain system. The City of Santa Ana entered into an agreement with Ocean Blue Environmental Services, Inc., on June 20, 2017 (Agreement). The primary function of this Agreement is for City -owned storm drain facility cleaning and hazardous materials spill response. However, additional services are also provided under this Agreement for crime scene cleanup and jail cell decontamination services. Due to increased usage by the Police Department for these services, there is a need to increase the annual expenditure amount of this Agreement by $30,000. The Public Works Agency's allocation will remain at $225,000 annually for spill response and storm -drain facility cleaning. The Police Department's allocation will increase from $25,000 to $55,000 annually for crime scene cleanup and jail cell decontamination services. 25H-1 Agreement Ocean Blue Environmental Services, Inc. September 18, 2018 Page 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 C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $280,000 are budgeted and available for expenditure in FY 2018-19 in the accounts listed below in the revised estimated spending plan. Funds will be budgeted in successive years, as depicted, if optional extensions are exercised. Account FY 2017-18 FY 2018-19 *FY 2019-20 *FY 2020-21 TOTALS 05717640 62300 $225,000 $225,000 $225,000 $225,000 $900,000 01114420 62300 $40,000 $40,000 $40,000 $40,000 $160,000 01114475 62300 $15,000 $15,000 $15,000 $15,000 $60,000 TOTALS $280,000 $280,000 $280,000 $280,000 $1,120,000 wd Valentin Chief of Police Santa Ana Polic artment Fuad Sweiss, PE, PL Executive Director Public Works Agency -Upuonai Extensions APPROVED AS TO FUNDS AND ACCOUNTS: 4—� Sergio Vidal 'a 10, 51 Assistant Director Finance and Management Services Agency Exhibit: 1. Agreement Amendment with Ocean Blue Environmental Services, Inc. 25H-2 Exhibit 1 FIRST AMENDMENT TO AGREEMENT TO PROVIDE SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September 18, 2018, by and between Ocean Blue Environmental Services, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2017-156, dated June 20, 2017, by which Consultant agreed to provide spill response and storm drain cleaning services. The term of the Agreement is for two years (with two additional one-year options exercisable by the City), and the Agreement remains in effect. B. The primary purpose of the Agreement is for spill response and storm drain services, though related services are also provided under the Agreement for crime scene clean-up and jail cell decontamination at the direction of the Santa Ana Police Department, C. The parties now wish to amend the scope of services and to adjust the amount to be expended under the Agreement. The Parties therefore agree: Section 1, Scope of Services, is amended to include crime scene clean-up and jail cell decontamination services for the Santa Ana Police Department. 2. Section 2, Compensation, is amended to increase the annual not -to -exceed expenditure under ✓`` the Agreement from $250,000`tbJ280;000_for the remaining time period on the Agreement, including any extension periods. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council RAUL GODINEZ II City Manager - signatures continue on nextpage - Page 1 of 2 25H-3 APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO City Attorney By: W. .� . JO&YN M. FUNK Assistant City Attorney Name: Title: RECOMMENDED FOR APPROVAL RECOMMENDED FOR APPROVAL FUAD S. SWEISS, PE, PLS Executive Director Public Works Agency DAVID VALENTIN Chief of Police Santa Ana Police Department Page 2 of 2 25H-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: AWARD OF LEGAL SERVICES AGREEMENT WITH BEST, BEST & KRIEGER, LLP, RELATED TO LEGAL ANALYSIS OF PAYROLL PRACTICES, CALPERS REPORTING, AND FAIR LABOR STANDARDS ACT COMPLIANCE (STRATEGIC PLAN NO. 1,3,4) cljr�Y 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 a legal services agreement with Best, Best & Krieger, LLP, ("Firm') in an amount not to exceed $200,000 related to legal analysis of Payroll Practices including employee compensation, CalPERS Reporting, and Fair Labor Standards Act compliance starting September 18, 2018 and ending on December 31, 2019 subject to non -substantive changes approved by the City Manager and the City Attorney's Office. Agreement may be extended for up to one (1) year exercisable by the City Manager and Senior Assistant or Assistant City Attorney. DISCUSSION The City Attorney's office handles and manages a variety of transactional and litigation matters. From time -to -time, the City Attorney's Office will refer administrative and litigation matters to outside law firms with specialized expertise to handle. The City Attorney's Office, City Manager's Office, and Human Resources Department determined that an outside Firm should be engaged to conduct a legal analysis and audit of the City's Payroll Practices, CalPERS Reporting, and Fair Labor Standards Act compliance for the past three (3) fiscal years. On May 25, 2018, the City Attorney's Office sent out a request for proposal to six firms specializing in compensation, payroll and/or CalPERS matters and received three written proposals. Interviews were conducted with the three firms' by a panel consisting of representatives from the City Attorney's Office, Human Resources, the Police Department and the Finance Department. Best, Best & Krieger, LLP received the highest rating and was selected by the panel for award of the Agreement. Best, Best & Krieger, LLP, has decades of experience with federal and state employment tax laws, the Public Employees' Retirement Law (PERL) which governs the California ' The three firms were Liebert, Cassidy & Whitmore; Burke, Williams & Sorenson; and Best Best & Krieger. 251-1 Legal Services Agreement — Best, Best & Krieger, LLP. September 18, 2018 Page 2 Public Employees Retirement System (CaIPERS) and the Fair Labor Standards Act (FLSA). In addition, the Firm specializes in representing public agency clients with their clients including nearly 300 California cities, special districts, educational systems, and other public agencies. Ms. Isabel Safie, a partner in the Firm's Employee Benefits practice group will be the lead attorney for this assignment. Senior Assistant City Attorney Laura Rossini will oversee the agreement working in conjunction with the Executive Director of Human Resources and the Finance Department. This agreement is in addition to the general retainer. The proposed agreement will authorize the City Attorney's Office to engage Firm for legal services as necessary to conduct a legal analysis and audit of Payroll Practices, CalPERS Reporting, and Fair Labor Standards Act compliance for the past three (3) fiscal years STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 1 Community Safety, Goal No. 3 Economic Development, and Goal No. 4. Government Financial Stability. FISCAL IMPACT Funding for the proposed contractual legal services and the costs for the ongoing Fiscal Years are projected as follows for a total amount of $200,000: Account FY 18-19 FY 19-20 Total 01110115-62300 Contract Services $100,000 $0 $100,000 01109050-62300 Contract Services $ 25,000 $25,000 $ 50,000 08109053-62300 Contract Services $ 25,000 $25,000 $ 50,000 $150,000 $50,000 $200,000 APPROVED AS TO FUNDS AND ACCOUNTS: Laura A. Rossini Sergio Vrdal P -\f\ fnb I Senior Assistant City Attorney Assistant Director Finance and Management Services Agency Steven Pham �j Executive Director Human Resources Department Exhibit: 1. Legal Services Agreement for Best, Best & Krieger, LLP. 251-2 LEGAL SERVICES AGREEMENT WITH BEST, BEST & KRIEGER, LLP This AGREEMENT, made and entered into this 18th day of September, 2018, by and between Best, Best & Krieger LLP ("Attorneys'), 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"). RECPI'ALS A. The City of Santa Ana and the City Attorney's Office desires to employ Attorneys to assist the in-house attorneys for the City in the provision of legal services to the City, for legal analysis, audit and legal advice related to payroll practices, public employment taxation matters, and employee benefit matters by a firm with specialized expertise. B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge related to payroll practices, public employment taxation issues, and employee benefit matters and desire to undertake said services. 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. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney's Office with analysis, an audit, and legal advice regarding payroll practices, public employment taxation matters, and employee benefit matters, specifically but not limited to FLSA classification and compliance; Ca1PERS reporting; employee:benefits, payroll taxes, and payroll practices ("the Assignment'. Attorneys accept said retention and agree to perform, in a timely and efficient manner, the Assignment as requested by the City Attorney's Office. 2. COMPENSATION FOR SERVICES RENDERED a. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the Assignment, Partners will be billed at the rate of $350-$425 an hour, $290 for all Associates, and $180 an hour for paralegals and law clerks. Time will be billed in 1/10th of an hour increments. b. The total sum to be expended under this Agreement, shall not exceed two hundred V/Y thousand dollars ($200,000), including;an •extehsron,penods C. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not limited to, mileage, copying costs, service of process, and mail services authorized by the City Attorney's Office in connection with the performance of duties under this Agreement. In-house printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents per page. Automobile travel will be reimbursed at the standard mileage rate in effect at the time of billing by the Internal Revenue Service. Any costs in excess of $5,000 requires the approval of a Senior 251-3 Assistant or Assistant City Attomeypriorto incurring the expense. All expenses must have supporting documentation submitted with the invoice. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). City acknowledges that the fees incurred for work performed by Attorneys on its behalf are due and owing within 30 days of the work being performed. At Attorneys' discretion, they may choose to defer payment. Notwithstanding this, City agrees that it shall tender payment within 30 days of written demand by Attorneys for payment. Unless expressly stated thereon, monthly statements generated by Attorneys shall not constitute written demand, but shall simply be a written reflection of work performed and fees incurred. 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney's Office, as aforesaid, shall be and remain under, and subject to the control and direction of the assigned Senior Assistant City Attorney or Assistant City Attorney at all stages, and that they shall at all times keep the City Attorney's Office informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to the Assignmentundertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney's Office any and all files then in their possession concerning the Assignment. 5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney's Office, and any other person(s) designated by the City Attorney's Office, informed of significant findings and at a minimum provide an update on the status of the Assignment every thirty (3 0) days. Attorneys also agree to provide the City Attorney's Office an audit report(s) upon completion of the Assignment. 6. TERM The term of this Agreement shall commence on the date fust written above and terminate on December 31, 2019 unless terminated earlier pursuant to Section 15 below. The term of this Agreement may be extended for up to one (1) year upon a writing executed by both parties, including the City Manager and a Senior Assistant or Assistant City Attorney. 7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 251-4 8. INSURANCE Attorneys shall provide to the City Attorney's Office proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Attorneys' right to be paid for its time and materials expended prior to notification of termination. 9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or conduct related to this Agreement. 10. CONFIDENTIALITY All information and documents shared with Attorneys as well as all work performed by Attorneys in connection with this Agreement should be treated as strictly confidential. Moreover, all communications between Attorneys and City shall be treated as protected by the attorney-client privilege and the attorney work product doctrine. Accordingly, information received by Attorneys from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City's prior written approval. Attorneys shall provide materials directly to the Senior Assistant City Attorney, Laura Rossini, or selected members of the City Attorney's Office, as directed by Ms, Rossini. All such information and any written product in connection with Attorneys` retention under this Agreement, shall be marked as"PRIVILEGED AND CONFIDENTIAL / ATTORNEY -WORK PRODUCT" and shall be the property of the City Attorney's Office, and shall be retumed/provided to the Office of the City Attorney with all copies upon the request of the City Attorney's Office. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 251-5 To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6956 Courtesy Copy: Laura Rossini, Senior Assistant City Attorney City of Santa Ana Office of the City Attorney 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647-6515 To Attorneys: Attention —Ms. Isabel Safie, Partner Best, Best & Krieger, LLP Post Office Box 1028 Riverside, California 92502 Facsimile: 951-686-3083 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Attorneys. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Attorneys 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 parties, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in 251-6 this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City. 15. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such noticeoftermination. Asa condition ofsuchpayment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (3 0) days to arrange alternative representation if applicable. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel. 16. DISCRIMINATION Attorneys shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, 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. 19. COUNTERPARTS: SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. City further acknowledges that it has read and received a copy the full text Section 6148 of the California Business and Professions Code prior to signing this Agreement. 20. NO GUARANTEES City understands and acknowledges that there are certain risks and uncertainties in the pursuit of any matter for which Attorneys have been retained, that law is not an exact science, that Attorneys have made no representations or guarantees of success regarding the conclusion of any particular matter, and that all expressions relative thereto are matters of Attorneys' opinion only. In other words, Attorneys make no representations or guarantees of success regarding any matter. 5 251-7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Maria D. Huizar Clerk of the Council RECOMMENDED FOR APPROVAL: Laura A. Rossini Senior Assistant City Attorney APPROVED AS TO FORM: By:O<t�0` �. Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA Raul Godinez II City Manager BEST, BEST & KRIEGER, LLP By: Isabel Safe Partner 251-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: APPROVE PURCHASE AGREEMENTS FOR REAL PROPERTY ACQUISITIONS FOR WARNER AVENUE IMPROVEMENTS PHASE 1 (PROJECT NO. 14-6802) (NON -GENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) Clg 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 Purchase Agreements for the real property full and partial acquisitions, and goodwill (if any), with the property owners listed below, subject to nonsubstantive changes approved by the City Manager and City Attorney: No. Property Owner Property commonly Acquisition Amount known as / location Type 1. Francisco Quiroz 124 E. Warner Ave. Full $395,000 (APN 016-031-37) 2' Francisco Gutierrez 128 E. Warner Ave. Full $455,000 Quiroz (APN 016-031-32) 3 Oscar Alonzo, Norma 230 E. Warner Ave. Partial $12,050 Cortez Mendoza (APN 016-031-40) Warner Avenue is classified as an East-West Major Arterial in the City's General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways. Improving the 1 -mile segment of Warner Avenue from Main Street to Wright Street has been a long-term priority project that is being constructed in several phases. Improvements include widening from a four - lane roadway to a six -lane arterial to address safety issues and provide adequate vehicular capacity; and installing parkway, raised median landscape, storm drain, protected bike lanes, sound walls, street lights, and traffic signals. The City is acquiring properties for the development of Phase 1, bounded by Main Street and Oak Street. Construction is anticipated to begin in spring 2019. With the proposed widening along Warner Avenue, the corner at Orange Avenue is required to 25J-1 Purchase Agreement for Real Property Acquisition Warner Avenue Improvements Phase 1 September 18, 2018 Page 2 accommodate standard curb ramp and sidewalk to meet American Disabilities Act (ADA) provisions. Therefore, the partial acquisition of the front side of the property at 230 E. Warner Avenue is necessary to accommodate the proposed street improvements (Exhibit 1). The full take property acquisitions at 124 and 128 E. Warner Avenue are necessary to accommodate the street improvements for Phase 1. The purchase offers were determined based on the appraised values prepared by a California State licensed appraiser and were accepted by the property owners. The compensation amounts listed above are incorporated in the attached agreements (Exhibits 2, 3, and 4). 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). Approval of this item also 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 (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT On September 1, 2015, City Council approved the Warner Avenue Final Environmental Impact Statement (SCH No. 2012101004). FISCAL IMPACT Funds in the amount of $862,050 are available in the Warner Avenue Improvements Project (No. 14-6802) for expenditure in FY 2018-19: $646,537.50 in the Measure M2 Competitive Street Fund (Account No. 03217663-66100) and $215,512.50 in the Transportation System Improvement Area B Fund (Account No. 99217950-66100), subject to nonsubstantive changes. APPRO dED AS TO FUNDS AND ACCOUNTS: cf; :r6 tZ �.5" �� Fuad S. Sweiss, PE, PtS Sergio Vidal Executive Director Assistant Director qq V Public Works Agency Finance and Management Services Agency FSS/EWG/JG/KN Exhibits: 1. Location Map 2. Purchase Agreement —APN 016-031-37 3. Purchase Agreement —APN 016-031-32 4. Purchase Agreement — APN 016-031-40 25J-2 4 (NTS) mu_.. _.t ORANGE AV ': - I ®1 LD CYPRESS AV .33 .50 •51 ♦ 12[ [ [YOQ AV 777 • 016.031.37 •�,J+ ' M ®I6 ®31.51— a: I • 103.141.081 Z 1 016.031.38 1 ARCO 1 CC a . WELLS F GO I MAIN ST • 1016.103.23' KILSON DR pN P b 016.090.22 DELHI PARC 016.090.21 ROUSSE! LE ST • -SUNICT PRMBn -ACOUIREO PROPERTIES EXHMl ALL SANTA ANA ANA 'jffLE. ■PWA 0 PLNK> AM A( M FOR WARNER WFOYBA NM (PROJECT NO -0 NONG�AL FUND) _.- 25J-3 25J-4 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on 1 2018, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and, -Francisco Quiroz, a single man (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 124 East Warner Avenue, Santa Ana, CA) (APN 016-031-37) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of Commonwealth Title Company at 4100 Newport Place Drive, Suite 120, Newport Beach, California within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named ,as the insured, in the amount of Three Hundred Ninety -Five Thousand and no/100 Dollars .($395,000.00) -:insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. EXHIBIT 2 25J-5 4. Escrow. City agrees to open an escrow at the office of Commonwealth Title Company, 4100 Newport Place Drive, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Three Hundred Ninety -Five Thousand and no/100 Dollars ($395,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: a. Conveyance of said real property by Seller to City as hereinabove provided; b. Acceptance by City of a Grant Deed conveying said real property to City; 25J-6 c. Delivery to City of the policy of title insurance as hereinabove provided; d. Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. a. No later than fourteen days (14) days after close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and/or removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at the Property as of three days after close of escrow shall be deemed abandoned by Seller on that date. b. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the Court immediately issue a Writ of Possession and/or Assistance, directing the Marshall or Sheriff of Orange County to take physical possession of the Property in favor of the City. Seller waives the right to have the City file an unlawful detainer action, as well as waive the right to any hearing or any requirements for an application by City to obtain the Writ of Possession and/or Assistance and waives any and all rights to object to the issuance of said Writ if Seller does not vacate the Property by fourteen (14) days after close of escrow. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month/360-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. 25J-7 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); precondemnation damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as .a result of Buyer's efforts to construct improvements on the Property. This acknowledgment and release shall survive the Close of Escrow 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 21856 Calabaza, Mission Viejo, CA 92691. 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) 25J-8 defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sec. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. 89601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25J-9 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as. to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, 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. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25J-10 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: Francisco Quiroz, a single man Date: /00 2018 Francisco Quir City/Buyer City of Santa Ana Date: 2018 Raul Godinez II City Manager Attest: Date: 2018 Maria D. Huizar City Clerk Approved as to Form: kjffA1 ✓ Date: -5-30 2018 Jqff M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Edwin "William" Galvez, P.E. Acting Executive Director Public Works Agency Date: 25J-11 2018 EXHIBIT "A" LEGAL DESRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH LINE OF DELHI ROAD AT A POINT 365 FEET WEST OF THE NORTHEAST CORNER OF CORNER OF BLOCK "A" OF SOUTH SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 5, PAGE 43 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; RUNNING THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID BLOCK "A", 205 FEET; THENCE WEST 45 FEET; THENCE NORTH 205 FEET IN THE SOUTH LINE OF DELHI ROAD; THENCE EAST 45 FEET TO THE POINT OF BEGINNING. Assessor's Parcel Number: 016-031-37 25J-12 EXHIBIT "B" (Commonwealth Land Title Company) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25J-13 25J-14 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on 1 2018, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or `Buyer"), and; Francisco Gutierrez Quiroz, a single man (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 128 East Warner Avenue, Santa Ana, CA) (APN 016-031-32) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of Commonwealth Title Company at 4100 Newport Place Drive, Suite 120, Newport Beach, California within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named, -as -the insured, in the amount of Four Hundred Fifty -Five Thousand and no/100 Dollars ($455,000:00); insuring the title of the City to said real property is free and clear of any and all conditions, 'restrictions,`reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. EXHIBIT 3 25J-15 4. Escrow. City agrees to open an escrow at the office of Commonwealth Title Company, 4100 Newport Place Drive, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Four Hundred Fifty -Five Thousand and no/100 Dollars_ ($455,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: a. Conveyance of said real property by Seller to City as hereinabove provided; b. Acceptance by City of a Grant Deed conveying said real property to City; 25J-16 c. Delivery to City of the policy of title insurance as hereinabove provided; d. Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. a. No later than fourteen days (14) days after close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and/or removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at the Property as of three days after close of escrow shall be deemed abandoned by Seller on that date. b. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the Court immediately issue a Writ of Possession and/or Assistance, directing the Marshall or Sheriff of Orange County to take physical possession of the Property in favor of the City. Seller waives the right to have the City file an unlawful detainer action, as well as waive the right to any hearing or any requirements for an application by City to obtain the Writ of Possession and/or Assistance and waives any and all rights to object to the issuance of said Writ if Seller does not vacate the Property by fourteen (14) days after close of escrow. B. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month/360-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assians, Successors -in -Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. 25J-17 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); precondemnation damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. This acknowledgment and release shall survive the Close of Escrow 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 21856 Calabaza, Mission Viejo, CA 92691. 15, Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) 25J-18 defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sec. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25J-19 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, 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. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25J-20 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: Francisco Gutierrez Quiroz, a single man Francisco Gutierrez uiroz City/Buyer City of Santa Ana Raul Godinez II City Manager Attest: Maria D. Huizar City Clerk Approved as to Form: Qii Jo M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Date: A , 2018 Date: Date: Date: 3-30 2018 2018 2018 Date: .2018 Edwin "William" Galvez, P.E. Acting Executive Director Public Works Agency 25J-21 EXHIBIT "A" LEGAL DESRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING ON THE SOUTH LINE OF DELHI ROAD AT A POINT 315 FEET WEST OF THE NORTHEAST CORNER OF BLOCK A OF SOUTH SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK5, PAGE 43 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, RUNNING THENCE SOUTH 205 FEET PARALLEL WITH THE EAST LINE OF SAID BLOCK A; THENCE WEST 50 FEET; THENCE NORTH 205 FEET; THENCE EAST 50 FEET TO THE POINT OF BEGINNING. Assessor's Parcel Number: 016-031-32 25J-22 EXHIBIT "B" (Commonwealth Land Title Company) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25J-23 25J-24 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on 1 2018, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and, -Oscar Alonzo, a single man and Norma "Cortez Mendoza, a married woman as her sole and separate property (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described as follows: SEE EXHIBIT "A" and "A-1" — Legal Description and EXHIBIT "B" and "B-1" — Plat Map ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 230 East Warner Avenue, Santa Ana CA) (APN 016-031-40) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: Conveyance by Seller. A. Seller agrees to convey said real property to City, by Grant Deed, at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, within sixty (60) days from and after the date on which the City has approved this Agreement. B. Seller agrees to convey to City a Temporary Construction Easement in, on, over and above the portion of the subject property described on the attached Exhibit "A-1" and depicted on the attached Exhibit "B-1" and incorporated herein by this reference. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real ,r property, a policy of title insurance to be issued by the above mentioned title company; with_the City therein named as the insured, in the amount of Twelve Thousand Fifty and no/100 Dollars($12;050 0d) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions;;reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - EXHIBIT 4 25J-25 monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement This Agreement constitutes the joint escrow 'instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds itr has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow.shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "C" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said 'real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "C" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, temporary construction easement, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Twelve Thousand Fifty and no/100 Dollars ($12,050.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within SIXTY (60) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: 25J-26 (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said portion of real property to City; (c) Acceptance by City of a Temporary Construction Easement to City; (d) Delivery to City of the policy of title insurance as hereinabove provided; (e) Recordation of the Deed conveying said portion of real property to City 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. & Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15), days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month/360-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred.by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement hereincontained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. 13. Acknowledgment of Full Benefits and Release A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); precondemnation damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any 25J-27 right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. This acknowledgment and release shall survive the Close of Escrow. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 230 East Warner Avenue, Santa Ana, CA 92707. 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not 25J-28 limited to, any material or substance which is (1) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section. 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seg. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sec. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 25J-29 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be. considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, 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. 30. Construction Contract and Curative Work (a) It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 6 hereinabove, the City, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project: L NONE All work performed under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be completed in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by the City, shall be left in as good condition as found. (b) It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct and/or refurbish the following improvements located on the Property: NONE 31. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25J-30 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: Oscar Alonzo, a single man and Norma Cortez Mendoza, a married woman as her sole and separate property as joint tenants Date: e2 I q , 2018 Oscar Date: S �7 —, 2018 Cortez Mendoza City/Buyer City of Santa Ana Date: 12018 Raul Godinez II City Manager Attest: Date: 12018 Maria D. Huizar City Clerk Approved as to Form: 5-30 Date: 12018 JohKA. Funk Asslitant City Attorney FOR APPROVAL: Edwin "William" Galvez, P.E. Acting Executive Director Public Works Agency Date: 25J-31 EXHIBIT "A" (PART TAKE FEE) LEGAL DESRIPTION PSmIT' `A' LEGAL DESCRIPTION FOR RIGHT OF wAxPURPOSES ►{TTHLN ASSESSOR'S PARCEL No. 016-03140 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNM BEING APARCEL OF LAND, SITUATE WHIM LOT 11 OF TRACT No.1575, AS SHOWlk ON THE MAP FILED INBOOK 56, PAGES 36 & 37, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, SAID PARCEL LYING NORTHERLY OF THE FOLLOWING DESCRIBED LEVE, SAID LINE TO BE BASED OFF OF THE FOLLOWING DESCRIBED CONSTRUCTION CENTERLINE OF WARNERAVENUE, (FORMERLYDEI ROAD): CO-MIENCING AT THE INMLSECIION OF THE CENTERLINE OF I MIN STREET WITH ALINE THAT IS PARALLEL r EL VlT1H AND 3.00 FEET SOUTHERLY FROM THE CENTERLINE OF WARNERAVENUE, (FORMERLY DELHI ROADI SAID PARALLEL LINE BEING SAID CONSTRUCTION CENTERLINE FOR SAID WARNER AVENUE THENCE. EASTERLY ALONG SAID CONSTRUCTION CENTERLINE INE THE FOLLOWING FIVE (5) COURSES: 1. ALONG SAID PARAI-LEL LINE, SOUTH 88°30' 10" EAST,175.00 FEET TO THE BEGINNING OFA TANGENT CURVE, CONCAVE NORTHERLY, SAID CURVE HAVING A RADIUS OF 5000.00 FEET; 2 THENCE, NORTHEASTERLY ALONG SAID CURVE 20152 FEET THROUGH A CENTRAL ANGLE OF 2°18'33"; 3- THENCE, TANGENT TO SAID CURVE, NORTH 89'11'16" EAST, 245.17' TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, SAID CURVE HAVING A RADIUS OF 5000.00 FEET, THE EASTERLY TERABNUS OF SAID CURVE BEING APOINT OF TANGENCY WITH ALINE, SAID LINE BEING PARALLEL W171H AND 15.00 FEET NORTHERLY FROM SAID CENTERLINE OF WARNERAMME; 4. THENCE, NORTHEASTERLY ALONG SAID CURVE 20152 FEET THROUGH A CENTRAL ANGLE OF 2°18'33" TO LAST SAID PAR a LE LINE; 5- TBENCE,ALONG LAST SAID PARALLEL LINE, SOUTH SS°30'10"EAST, 973.48 FEET. THE SOUTHERLY LINE OF THE PARCEL BEING DESCRIBED HEREIN SHALL BE A CURVE, CONCAVE SOUTHERLY AND HAVINGA RADIUS OF 4945.00 FEET, SAID 25J-32 THENCE EASTERLY ALONG SAM CONCENTRIC CURVE 741 FEET THROUGH A CENTRAL ANGLE OF 5'09'; THENCE, ALONG ALINE THAT IS PERPENDICU1..ARTO MEN ABOVE DESCRIBED COURSENo.'5', SOUTHI°29'5VWEST,5.00FEETTOAPORNTONANONTANGENT CURVE, CONCAVE SOUTHERLYAND HAVRNGA RADIUS OF 4937.00 FEET, SAID NON - TANGENT CURVEBEING CONCENTRIC V.TTH AND 63.09FEET SOUIHERLYFROM HEREIN ABOVE DESCRIBED COURSENo. '4', ARADIALLIATETHROITGH SAID POINTBEARS ATORTH . W20 -EAST; THENCE, EASTERLY ALONG SAID NON -TANGENT CURVE 1599 FEET THROUGH CENTRALANGLEOF 11'08'; THELNCE, ALONG LINE THAT IS FERPhNDICULARTO HE ABOVE DESCRIBED COURSE No. W. NORTH I°29'50'EAST, 5.00FEET TOAPOI\iTTONANON-TANGENT CURVE, CONCAVE SOUTHERLY AM HAVRNGARADRJS OF 4942.00 FEET, SAIDNON- TANGENTCURVE BEING CONCENTRIC RTTH AND 58.0OFEET SOUTHERLY FROM HEREIN ABOVEDESCRIBEDCOURSE Noq%AP.ADIALL[NETHROUGHSAE) POINT BEARS NORTH 29'28' EAST; THENCE, EASTERLY ALONG SAIDNON-TANGENT CURVE 51.05 FEET THROUGHA CENTRALANGLE OF 35'31"TO THE SOLMIERLYIDIE OF THAT DOCUhgNT RECORDED INBK.4428, PG. 210, OFDEEDS, RECORDS OF SAID COUNTY; ESCEYMG THEREFROM EVEP 17M�GLYINGNORTHERLYOFA CURVE, CONCAVE SOUTHERLY AND HAVING ARADIUS OF 4945.00 FEET, SAID CURVE BEING CONCENTRIC WTIH AND 55.00 FEETSOUTHERLY OF THAT CURVE DESCRIBED AS COURSE No. '4', ABOVE; CONTADWGANAREA OF APPROXAIATELY288 SQUAREFEET, MORE ORLESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASE!vJENTS OF RECORD, IF ANY, ALL AS SHOWN ON EXMIT 'B', S1KETCHTO ACCOMPANY LEGAL DESCRIPTION, ATTACH E D IWRETO AND BY TIM REFERENCE t1ADEA PART HEREOF; ANTHONY C. CUOMO PLS.6942 DATED 2017-12-20 25J-33 EXHIBIT "B" (PART TAKE FEE) PLAT MAP p$m aloa�� ♦:j?114 iA�a �u�+ W��O �m Q a 1 H� "y'I`��' V �m Q�tiilooa��F'soron I 4] w�!4M- m t.^oo_mm to Fl y mnlpgm r jJ Gni ? yon a N v W a `"L.4 o _ 0 ro + 7.60 ' 14.0_0 ' 4lw,.22 33$z'' 12 ++ 71.61' -N0133'01-E 3x&.60" m f+jl NOT:iO3a E _ I 1� b6 PD C) !y18" +Yro /yVmamY ONrnq V m mryZ�7 rn p Za %Pa .yam TS - I x, g w G I 4= w4 � O o P y w Viop 58.00' p$m aloa�� ♦:j?114 iA�a �u�+ W��O �m Q a 1 H� "y'I`��' V �m Q�tiilooa��F'soron I 4] w�!4M- m t.^oo_mm to Fl y mnlpgm r jJ Gni ? yon a N v W a `"L.4 o _ 0 ro 25J-34 12 OROGEST. m NOT:iO3a E _ I 1� 25J-34 EXHIBIT "A-1" (TEMPORARY CONSTRUCTION EASEMENT) LEGAL DESCRIPTION L£G9LDESCRIMON FOR RIGHT OF WAY PURPOSES RITHI:\ ASSESSOR'S PARCELNo. 016A31-40 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PARCEL OF LAND, SITUATE WTTHINLOT 11 OF TRACTNo.1575, AS SHOWN ON THE NIAP FILED INBOOK 56, PAGES 36 & 37, OF r1ISCEr i ANFOUS 14fAPS, RECORDS OF SAID COUNTY, SAID PARCEL LYING NORTHERLY OF THE FOLLOWING DESCRIBED LBS, SAID LINE TO BE BASED OFF OF THE FOLLOWING DESCRIBED CONSTRUCTION CENTERLINE OF WARNER AVENUE, (FOR JERLYDEIIIIROAD): COMUENCLNG AT THE INTERSECTION OF THE CENTERLINE ISE OF 11AIN STREET WITH A124ETHAT ISFAR rAiEriITTHAND3.00FEETSOUTHERrYFRO\f THE CEKIMr1NEOFI°8-ARHE.RAVENUI,(FOR11ERLYDELHIROAD) , SAM PAR LIE LINE BEING SAID CONSTRUCTION CENTERLE E FOR SAID WARNER AVENUE; THENCE, ]EASTERLY Y ALONG SAID CONSTRUCTION CENTERLINE THE FOLLOU ING FIVE (5) COURSES: L ALONG SAID PARALLEL LINE, SOUTH 88'30'10-- EAST, 175.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, SAID CURVE RAVING ARADIUS OF 5000.00 FEET; 2. THENCE, NORTHEASTERLY ALONG SAID CURVE 201.52 FEET THROUGH CENTRALANQE OF2°18'33 ; 3. THENCE, TANGENT TO SAID CURVE, NORTH 39°11' 16" EAST, 245.17' TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, Y, SAID CURVE HAVING ARADIUS OF 5000.00 FEET, THE EASTERLY TER,\1INUS OF SAID CURVE BEING A POINT OF TANGENCY WITH A LINE, SAID LINE BEING PAR TA i E WITH AM 15.00 FEET NORTHERLY FROM SAID CENTERLINE OF R'ARNERAVFNUE, 4_ THENCE, ]NORTHEASTERLY ALONG SAID CURVE 201.52 FEET THROUGH A CENYRALANGLE OF 2`IS'33" TO LAST SAID PAR TA i E LINE; 5. THENCE, ALONG LAST SAID PARALLEL ME, SOUTH 88°30'10" E -AST, 973.48 FEET; THE SOUTHERLY I OF TBE PARCEL BEING DESCRIBED HEREIN SHALL BE A CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 4945.00 FEET, SAID 25J-35 CURVE BEING CONCENTRIC WITH AND 55.00 FEET SOUTHERLY OF THAT CURVE DESCRIBED AS COURSE No. '4', ABOVE; CONTAINING AN AREA OF APPROMMATELY41 SQUARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY; ALL AS SHOWN ON EXHIBIT `B', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; ANTHONY C. CUO11O P -LS. 6042 DATED: 2017-12-20 25J-36 tx7 o rn A � d Ma n EXHIBIT "B-1" (TEMPORARY CONSTRUCTION EASEMENT) 711,78' 7P.61' �---� -NOP 33'Oi f 396.60' to PLAT MAP y w 55.05' f ORANGEST. 25J-37 mlggA NIW r Clp M Ln I ,y IA NSI m PLAT MAP y w 55.05' f ORANGEST. 25J-37 EXHIBIT "C" (Commonwealth Land Title Company) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25J-38 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: DONATION AGREEMENTS WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS (STRATEGIC PLAN NO. 5,4) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: I'_1»0919:18. ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute agreements with various organizations in support of their community events and programs, subject to nonsubstantive changes approved by the City Manager and the City Attorney, as follows: a. Heritage Museum of Orange County in support of the Sugar Skull Workshop in celebration of Dia de los Muertos and Ghosts of OC Trick or Treat, a free event open to the community, on October 26, 2018, in a one-time donation amount of $500 (Councilmember Solorio); b. Heritage Museum of Orange County in support of the Sugar Skull Workshop in celebration of Dia de los Muertos and Ghosts of OC Trick or Treat, a free event open to the community, on October 26, 2018, in a one-time donation amount of $500 (Councilmember Benavides); c. Heritage Museum of Orange County in support of the Sugar Skull Workshop in celebration of Dia de los Muertos and Ghosts of OC Trick or Treat, a free event open to the community, on October 26, 2018, in a one-time donation amount of $500 (CouncilmemberTinajero); d. Charitable Ventures of Orange County in support of Willard Neighborhood's Task Force's project to install street topper signage to promote the "Love Where You Live" campaign, event scheduled to launch September 13, 2018, in a one-time donation amount of $1,500 (Councilmember Villegas). On August 4, 2015, City Council adopted Resolution 2015-042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and 29A-1 Donation Agreements with Organizations to Support Community Events and Programs September 18, 2018 Page 2 policy outlines the eligibility criteria for neighborhood associations and eligible non-profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non-profit organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in-kind funding for City Services. The donation agreements listed above are in response to the Donation Requests (Exhibits 1-4) submitted by various community organizations or neighborhood associations to the specific Councilmembers, seeking sponsorship for community events and/or programs. The Councilmembers, respectively, reviewed and agreed to sponsoring the programs or events through the Special Event Sponsorship funds. Upon approval by City Council, the respective donation agreements will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2018-19 General Non -Departmental account (01105015-62300) as appropriate from each of the following Councilmember s appropriated amounts for Fiscal Year 2018-19: Councilmember Solorio $ 500.00 Councilmember Benavides $ 500.00 Councilmember Villegas $ 1,500.00 Councilmember Tinajero $ 500.00 Total $ 3,000.00 APPROV AS TO FUNDS AND ACCOUNTS: Sergio Vi I Assistant Director Finance and Management Services Agency Exhibits: 1-4. Donation Agreements 29A-2 CITY OF SANTA ANA DONATION AGREEMENT WITH HERITAGE MUSEUM OF ORANGE COUNTY 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on SEPTEMBER 18, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and HERITAGE MUSEUM OF ORANGE COUNTY a California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding for THE DIA DE LOS MUERTOS AND GHOSTS OF OC TRICK OR TREAT EVENT ON OCTOBER 26, 2018, A FREE EVENT FOR THE COMMUNITY, THAT WILL INCLUDE A SUGAR SKULL MAKING WORKSHOP FOR YOUTH & FAMILIES ("Community Benefit'). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Puroose. The City, by recommendation of COUNCILMEMBER SOLORIO, believes there is a public purpose in supporting the Community Benefit because it assists WITH PROMOTING FAMILY FRIENDLY ACTIVITIES, CULTURAL AWARENESS, AND PROVIDES A POSITIVE COMMUNITY ENGAGEMENT OPPORTUNITY. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of FIVE HUNDRED DOLLARS -($500), because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. MI 11x1 29A-3 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on-going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants EXHIBIT 1 29A-4 that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. CITY OF SANTA ANA 0 Attest: LE Raul Godinez II City Manager Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: !m M. Funk Assistant City Attorney HERITAGE MUSEUM OF ORANGE COUNTY, a 501(c)(3) NON-PROFIT ORGANIZATION am Kevin Cabrera Executive Director EXHIBIT 1 29A-5 29A-6 rte"° City Manager's Office - M-31 • City of Santa Ana 20 Civic Center Plaza Donation Request P.O. Box 1988 Santa Ana, CA 92702 - (714) 647-5200 Contact Information wame: Kevin Cabrera rue: Exec. Director adreae: 3101 W Harvard St Iclty, s� Santa Ana, Ca. 92704 Phone: 714-733-0709 EI kcabrera@heritagemuseumoc.org FFx. Organization Information Name: lHeritage Museum of Orange County Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as defined under Section 501(c)(3) of the Internal Revenue Code? elect One: Yos ❑ No If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees, stafftime,rental rates for facilities ovequipment, Costs for City services vary and it Y �axelg5-3665050 stofre)quest approved, credit may or may not cover full cost of requested City services. #: ,City Servi° �— Dorsi Needed: October 1 �Mayorlcou� nonmember: S-01 --- - ount Requested: i d Payment LJOO FventDa stet October 26 me: 3 pm - 9 pm Requesterect iEventTi� Event Location: Heritage Museum of OC Address, City, State, Zip 3101 W Harvard St, Santa Ana, CA. 92704 ugar skull class showing youth how to make and decorate sugar skulls as part Description of [of Event/ Purpose: Dia de Los Muertos, and Ghosts of OC Trick or Treat on the museum property. These event will be free to the community and we will be inviting SAUSD schools Community Benefit: to participate. Applicant Signature: Date: completed Mail: City Manager's Office- M-31Emall: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request #: DR - Council Meeting Date: Rererence_ on all rolated OPVs Eligibility Met: YES I NO Approved Amount: 1 City Manager Signature: _ _ I I Date: J L Revised 01105/2017 AI7 29A-8 CITY OF SANTA ANA DONATION AGREEMENT WITH HERITAGE MUSEUM OF ORANGE COUNTY 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on SEPTEMBER 18, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and HERITAGE MUSEUM OF ORANGE COUNTY a California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding for THE DIA DE LOS MUERTOS AND GHOSTS OF OC TRICK OR TREAT EVENT ON OCTOBER 26, 2018, A FREE EVENT FOR THE COMMUNITY, THAT WILL INCLUDE A SUGAR SKULL MAKING WORKSHOP FOR YOUTH & FAMILIES ("Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER _BENAVIDES, believes there is a public purpose in supporting the Community Benefit because it assists WITH PROMOTING FAMILY FRIENDLY ACTIVITIES, CULTURAL AWARENESS, AND PROVIDES A POSITIVE COMMUNITY ENGAGEMENT OPPORTUNITY. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of FIVE HUNDRED DOLLARS ($500j, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terns and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term: Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. EXHIBIT 2 29A-9 3.3 Waivers. Insurance or Other Obligation . For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on-going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that maybe rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants EXHIBIT 2 29A-10 that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. CITY OF SANTA ANA By: Raul Godinez II City Manager Attest: LE Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: hn M. Funk Assistant City Attorney HERITAGE MUSEUM OF ORANGE COUNTY, a 501(c)(3) NON-PROFIT ORGANIZATION Kevin Cabrera Executive Director EXHIBIT 2 29A-11 29A-12 City Manager's Office– M-31 City of Santa Ana 20 Civic Center Plaza _j�- i- { Donation Request P.O. Box 1988 Santa Ana, CA 92702 ,'.-5 �" (714) 647-5200 'Contact Information IName— Kevin Cabrera ale: Exec. Director ddress: 3101 W Harvard St Fitystate, zip: I Santa Ana, Ca. 92704 Phone: 714-733-0709 Emall: kcabrera@hedtagemuseumoc.org Fa x: • .- Name: Heritage Museum of Orange County Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as Select One: _efined.under.Section 501(c)(3) of the.IntemalRevenue.Code7_---- - —zYes E] No— —_ 1f No, you wig only quality for a credit for City -related costs foryour request (i.e. permit fees,Ifax If Yes ,tafftime, rental rates for facilities or equipment,etc.).Costs for City services vary and if I F95-3665050 credit may ormay not cover full cost of requested City services. (rID #: approved, ) o (CityCl y Services Date Needed: October 1 Mayor/Coul ncllmemher. Benevides Amount Requested: I����� Direct Payment Amount -i 50� Eventl Date: October 26 Event Time: e: 3 r1nj – 9 nnl iRequested: i r' r Event Location: eritage Museum of OC F3101 Address, Ory, State, Zip W Harvard St, Santa Ana, CA. 92704 skull class showing youth how to make and decorate sugar skulls as part Description of FOfDia Event Purpose: de Los Muertos, and Ghosts of OC Trick or Treat on the museum property. Community Benefit: These event will be free to the community and we will be inviting SAUSD schools to participate. Applicant Signature: —\ \I ---Dat 13 Z� r — I I UJ VVVIII/// .. co'MiDleted fbim Via: Mail: City Manager's Office–M-31rF mail: cionattonrequest&anta-ana.org 20 Civic Center Plaza ax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request #: DR - Council Meering Date: Rarcranco r. on n!1 rcfated OPVs Eligibility Met: YES! NO Approved Amount: City Manager Signature: I Date: Revised 0110512017 2aXWBT 9AI.13 29A-14 DONATION AGREEMENT WITH HERITAGE MUSEUM OF ORANGE COUNTY 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on SEPTEMBER 18, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and HERITAGE MUSEUM OF ORANGE COUNTY a California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding for THE DIA DE LOS MUERTOS AND GHOSTS OF OC TRICK OR TREAT EVENT ON OCTOBER 26, 2018, A FREE EVENT FOR THE COMMUNITY, THAT WILL INCLUDE A SUGAR SKULL MAKING WORKSHOP FOR YOUTH & FAMILIES ("Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 . Public Purpose. The City, by recommendation of COUNCILMEMBER TINAJERO,-believes there is a public purpose in supporting the Community Benefit because it assists WITH PROMOTING FAMILY FRIENDLY ACTIVITIES, CULTURAL AWARENESS, AND PROVIDES A POSITIVE COMMUNITY ENGAGEMENT OPPORTUNITY. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERDIS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of FIVE HUNDRED DOLLARS ($500), because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term: Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. EXHIBIT 3 29A-15 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on-going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants EXHIBIT 3 29A-16 that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. CITY OF SANTA ANA LE Attest: 0 Raul Godinez II City Manager Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: &1L i/ J M. Funk Assistant City Attorney HERITAGE MUSEUM OF ORANGE COUNTY, a 501(c)(3) NON-PROFIT ORGANIZATION M Kevin Cabrera Executive Director EXHIBIT 3 29A-17 29A-18 '� City Manager's Office— M31 r :•. City of Santa Ana 20 Civic Center Plaza Donation Request P.Box 1988 Santa Ane CA 92702 (714) 647-5200 • • e � amN Kevin Cabrera me: Exec. Director ddress: 3101 W Harvard St city, State, zip: Santa Ana, Ca. 92704 �Phonr e 714-733-0709 iEmai� — kcabrera@heritagemuseumoc.org Fax: • .. -nization Information Name: IHeritage Museum of Orange County Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as Select One: defined under Section 501(c)(3) of the Internal Revenue Code? Z ❑ 1-1Yes No If No, you will only qualify for a credit for City -related costs for yourrequest (i.e. permit fees, r — staff time, rental rates forfacillfies orequipment, etc.).Costs for City services vary and if If Yes, g5-3665050 approved, credit may ormay not cover full cost of requested City services. ax lD#: ■• Ity Servic Date Neeaea: October 1 MayorlCoul ncilmember... Amount Requested: i Tinajzro Amountl giroc steed --. equEvent r�—F—i 5OO IEventont Date: October 26 Event Time: 3 PM — 9 PM Location: eritage Museum of OC [3101 Address, city, state, Zip W Harvard St, Santa Ana, CA. 92704 Description of Event/ Purpose: kull class showing youth how to make and decorate sugar skulls as part FDiae Los Muertos, and Ghosts of OC Trick or Treat on the museum property. These event will be free to the community and we will be inviting SAUSD schools Community Benefit: to participate. Applicant Signature: I' e; a I Zy I tQ1. ,I ID -ate: -form Mr-Jeted via., Mail: city Manager's Office—M-31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request #: DR - Council Meeting Date: Referance # on all ralawd0PVs _ Eligibility Met: YES I NO I Approved Amount:_— City Manager Signature: Date: Revised 01105/2017 EXHIBIT 3 29A-19 29A-20 CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR WILLARD NEIGHBORHOOD ASSOCIATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on SEPTEMBER 18, 2018, by and between the City_ of Santa Ana, a municipal corporation ("City") and CHARITABLE- VENTURES OF :ORANGE COUNTY FISCAL SPONSOR FOR THE WILLARD NEIGHBORHOOD ASSOCIATION a California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding for the WILLARD NEIGHBORHOOD ASSOCIATION TO PROMOTE THE "LOVE WHERE YOU LIVE" CAMPAIGN HELD ON SEPTEMBER 13, 2018, TO ENGAGE THE COMMUNITY IN A POSITIVE ACTIVITY THAT DEVELOPS COMMUNITY PRIDE ("Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER VILLEGAS believes there is a public purpose in supporting the Community Benefit because it assists the WILLARD NEIGHBORHOOD ASSOCIATION IN PROMOTING THE "LOVE WHERE YOU LIVE" CAMPAIGN TO INSTALL STREET TOPPER SIGNS THAT WILL BRING A SENSE OF OWNERSHIP AND PRIDE TO THE NEIGHBORHOOD RESIDENTS. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500), because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term, Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds EXHIB[T 4 29A-21 provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on-going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its 29A-22 business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. ISTOW410-SMI a V41 "4&41 By: Raul Godinez II City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: hn M. Funk Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR WILLARD NEIGHBORHOOD ASSOCIATION, a 501(c)(3) NON-PROFIT ORGANIZATION 0 Ted Kim Chief Operating Officer 29A-23 29A-24 City of Santa Ana f Donation Request 4h City Manager's Office - M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647.5200 Name: IWIlard Nieghborhood Task Force - account with Charitable Ventures of OC (501c(3) - CVOC 7anization a non-proet or of the Intemal Revenue i as ISelect One: I R1 Yes ❑ No will only qualify/ora credit for City -related costs for yourrequest (i.e. permit fees, If Yes, rentalretes forfacAiOes orequipment,eic.).Cesis for City services vary andif CVOC-20-8756660 credit may or may not cover full cost of requested City services. ax ID#: Name: Imarta Rodriguez Itle: Office Administrator ddresa: 1510 N. Parton Street city, state, zip: Santa Ana, CA 92706 hone: 714-542-6781 Email: marta@saintpeterlutheran.net Fax: City Manager Signature: Name: IWIlard Nieghborhood Task Force - account with Charitable Ventures of OC (501c(3) - CVOC 7anization a non-proet or of the Intemal Revenue i as ISelect One: I R1 Yes ❑ No will only qualify/ora credit for City -related costs for yourrequest (i.e. permit fees, If Yes, rentalretes forfacAiOes orequipment,eic.).Cesis for City services vary andif CVOC-20-8756660 credit may or may not cover full cost of requested City services. ax ID#: IMM -1 Mail: City Managers Office -M-31 Email: donationrequest@santaana.org 20 Civic Center Plaza Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 City Services Credit F Date Needed: H/30/201 H Mayor/Councilmember. Yliegas Dunt Requested: Direct Payment Amount S � 500 Event Date: 9/13/ZO1 H Event Time: 1:00 pR1 (Requested: Event Location; St. Peter Evangelical Lutheran Church Addmss,crly State, ble 1510 N. Parton St. Santa Ana, CA 92706 City Manager Signature: announcement / ribbon cutting / celebration to kick off project for street topper Description of signage for the Willard community. Event l Purpose: The Willard neighborhood is located next toy Floral Park Washington Square both which have n street topper signage. With Willards proximity to downtown, having their own street topper signage would to downtown, g Community Benefit: bring a sense of ownership and pride to the Willard residents. It would also help advance the city's efforts In the "Love Where You Live" campaign and bring uniformity of style to this Santa Ananeighborhood. Applicant Signature: IMM -1 Mail: City Managers Office -M-31 Email: donationrequest@santaana.org 20 Civic Center Plaza Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 Revised 01/05/2017 kt Donation Request #: Reference Aon all related DPVs DR - Council Meeting Date: September 18, 2018 Eligibility Met: YES / NO YES Approved Amount: $1,500 City Manager Signature: Date: Revised 01/05/2017 kt 29A-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: RECEIVE AND FILE STAFF REPORT APPROVING TENTATIVE TRACT MAP NO. 2018-03 TO SUBDIVIDE AN EXISTING PROPERTY INTO FIVE PARCELS TO ALLOW THE CONSTRUCTION OF FIVE SINGLE-FAMILY RESIDENCES LOCATED AT 1102 NORTH KING STREET —AN HA, APPLICANT {STRATEGIC PLAN NO. 3,2) CI'N MANAGER RECOMMENDED ACTION 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 Receive and file the staff report approving Tentative Tract Map No. 2018-03 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on August 13, 2018, the Planning Commission by a vote of 7:0, adopted a resolution approving Tentative Tract Map No. 2018-03 as conditioned and Variance No. 2018-08 as conditioned to allow the subdivision of an existing property into five parcels and a private street, and construction of five single-family residences located at 1102 North King Street. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A). DISCUSSION An Ha, representing Heritage Home Management, LLC., is requesting approval of a tentative tract map to permit the subdivision of an existing lot into five fee -simple parcels in order to construct five single-family residences. The proposed two-story homes and will have four or five bedrooms, with the smallest of the homes at 2,510 square feet and the largest providing 3,196 square feet of livable area. Each parcel will provide four vehicle parking spaces with two in a garage and two in the driveway. The private street will provide access to each property and will be maintained by the homeowner association under the CC&Rs (Covenants, Conditions & Restrictions) for the property. The applicant will use different floor plans and color schemes throughout. The use of different materials and colors will help create a variation between the residences guaranteeing that each parcel has a unique architectural style that compliments the homes in the neighborhood. Based on the development of the five new single-family residences, the City is expected to generate 32A-1 TTM No. 2018-03 — Subdivide Parcels at 1102 North King Street September 18, 2018 Page 2 approximately $90,000 in permit fees. The full assessed value of the property is approximately $725,000, up from $348,000 in 2015. The estimated assessed value for the individual property within the proposed subdivision will range from the mid -$200,000 to the high $900,000 for the total estimated value of $4 million. Full-sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Objective #2 (create new opportunities for business/job growth development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Minh Thai Executive Director Planning and Building Agency IO:rb S:RFCA1201 M09-18-181PBA TTM 2018-03 1102 N King St Exhibit: A. Planning Commission Staff Report 32A-2 Economic Development, and encourage private REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 13, 2018 TITLE: PUBLIC HEARING — TENTATIVE TRACT MAP NO. 2018-03 AND VARIANCE NO. 2018-08 TO SUBDIVIDE AN EXISTING PROPERTY INTO FIVE PARCELS TO ALLOW THE CONSTRUCTION OF FIVE SINGLE-FAMILY RESIDENCES LOCATED AT 1102 NORTH KING STREET —AN HA, APPLICANT {STRATEGIC PLAN NO. 3, 2} Prepared by Ivan Orozco Executive Director PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO 4 , 7_0JW_. Planning Manager RECOMMENDED ACTION 1. Recommend that the City Council adopt a resolution approving Tentative Tract Map No. 2018-03 as conditioned and 2. Adopt a resolution approving Variance No. 2018-08 (a) as conditioned to allow a reduction in front yard setback; and 3. Adopt a resolution approving Variance No. 2017-08 (b) as conditioned to allow a reduction in rear yard setback. Executive Summary An Ha, representing Heritage Home Management, LLC., is requesting approval of a tentative tract map and two variances to permit the subdivision of an existing lot into five parcels in order to construct five single-family residences at 1102 North King Street. Specifically, the applicant is requesting variances from the minimum front yard setback and the rear yard setback. Staff is recommending approval of the applicant's request due to the property's geometric design, size, and unavoidable physical constraints for designing a functional site plan. The proposed project has been designed to incorporate significant design features, articulating elevations, as well as limiting the size of the structures in order to minimize any visual impacts on surrounding land uses. EXHIBIT A 32A-3 TTM No. 2018-03, VAR No. 2018-08 August 13, 2018 Page 2 Table 1: Project and Location Information Item Information Project Address 1102 North King Street Nearest Intersection King Street and 11 `h Street General Plan Designation Low -Residential (LR -7) Zoning Designation Single -Family Residence (R1) Surrounding Land Uses North Single -Family Residences East Single -Family Residences South Single -Family Residences West Single -Family Residences Property Size 1.03 Acres (44,819 square feet) Existing Site Development The site is currently developed vacant. Use Permissions Uses SAMC Sec. 41-232 Development Standards SAMC Sec. 41-233 — Sec. 41-240 Zoning Code Sections Affected Front Yard Setback SAMC Sec. 41-234 Rear Yard Setback SAMC Sec. 41-236 Project Background In 2001, a development project submittal was made to the City to develop a new 4,200 -square foot church facility on the site, with the existing residential structure refurbished for a daycare facility. The project was approved by the Development Review Committee but was denied by the Planning Commission. In 2015, the City received a proposal to develop the site with five residential units. This proposal was designed to meet the minimum development standards for single-family residences as stated in the (R1) Zoning District, however, due to the shape of two of the parcels after the street design was incorporated, a variance for the setback requirements would be required on two of the residences. The initial submittal was similar to the current proposal, with one exception, the lots would be sold as condominium units instead of the fee simple lots. The street design was modified several times to meet the requirements of the Orange County Fire Authority minimum dimensions for fire truck service and for the Public Works Agency requirements for trash collection. The proposed project will improve a vacant lot with five residences, all of which will be two-story in design with attached two -car garages. Permit history indicates that a residential structure built in 1954 was recently demolished in anticipation of the new development. As the current design proposal has met all the necessary requirements for each of the DRC Agencies, Development Project Review was approved and the applicant was able to submit applications for discretionary approval of the tentative tract map and the two variances from the (R1) development standards. 32A-4 TTM No. 2018-03, VAR No. 2018-08 August 13, 2018 Page 3 Proiect Description The Villas de Rosa Subdivision project consists of the construction of five single-family residences and a private street. The proposal also includes a tentative tract map to create five individual fee -simple parcels. As each parcel is different in size and shape, the applicant has proposed to use different floor plans to work with the overall site design, but has also proposed to use different color schemes throughout. The use of different materials and colors will help create a variation between the residences; guaranteeing that each parcel has a unique architectural style complementary to the variety of homes in the neighborhood. In addition to aesthetic consideration and site design, the applicant has designed the two units adjacent to King Street to face the new private street and provide street presence on King Street. In order to minimize the feel of a private community. Table 2: Lot and Residence Information Villa Ue,,Ros'a:Sutidivision. " Lot House Garage Lot Number Laundry Number Lot Size Square Square Coverage of Bedrooms Bathrooms Room footage Footage Stories 1 6,670 SF 2,510 SF 427 SF 24% 2 4 4 Yes 2 6,177 SF 2,832 SF 427 SF 28% 2 5 4 Yes 3 6,016 SF 2,369 SF 512 SF 26% 2 4 4 Yes 4 6,055 SF 2,961 SF 443 SF 31% 1 2 4 1 3 Yes 5 6,066 SF 3,196 SF 440 SF 31% 1 2 5 1 4 Yes Design features and project amenities have been taken into consideration; such as providing an outdoor rear patio integrated into the architecture and backyard square footage larger than those seen in similar developments. The requested variance for rear yard setback relief to Lots 1 and 3 are not meant for the entire rear yard, but only a corner of the residential structures that encroach into the minimum 20 -foot requirement. To justify the relief requested from the variances, the applicant has incorporated several design measures into all five homes to provide a larger home without having to expand the building footprint. For example, each unit provides a 9 -foot ceiling height, which creates the appearance of a larger space. Another design feature that opens up the floor plan is having an open ground floor that allows the living room, dining room, and kitchen to flow seamlessly without any partitions. A full landscape design approach was also provided and will incorporate a tiered system of landscaping materials; trees, shrubs, and vines will be used throughout. A similar landscape design will be incorporated on the west side of the property where a five-foot dedication is provided for the future expansion of Fairview Street. 32A-5 TTM No. 2018-03, VAR No. 2018-08 August 13, 2018 Page 4 Table 3: Development Standards R-1, Single -Family Residence (Sec. 4.1;-233 of the SAMC Standard Required by SAMC Provided Street Frontage Fifty (50) Feet Fifty (50) Feet Building Height Twenty -Seven (27) Feet Twenty -Seven (27) Feet R-1, Single -Family Residence Sec. 41-233 of the SAMC Lot Size 6,000 Square Feet Minimum 6,016 Square Feet Lot Coverage Thirty -Five (35) Percent Twenty -Four (24) to Thirty -One (31) Percent Front Yard Twenty (20) Feet Lot 1: Sixteen Feet — Three Inches (16'-3") Lots 2-5: Twenty Re uires Variance (20) Feet Side Yard (Interior) Five (5) Feet Five (5) Feet Side Yard (Street Side) Ten (10) Feet Ten (10) Feet Lot 1: Eighteen Feet Lot 3: Nineteen Rear Yard Twenty (20) Feet —Nine Inches Feet — Eight Inches (19'-8") Lots 2/4/5: Twenty (20) Requi3.res Requires Requires Feet Variance Variance Single -Family Residential Four (4) Spaces (2 Driveway + 2 Gara Four (4) Spaces (2 Driveway + 2 Garage) e Proiect Analysis Tract Mao Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act, applications for tentative tract maps are approved when it can be shown that findings can be made in support of the request. Specifically, findings related to the proposal need to be made that find the project is consistent with the General Plan, the site is physically suitable for the type and density of the proposed project, the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat, the proposed project will not cause serious public health problems, or the proposed project will not conflict with easements necessary for public access through or use of the property must be made. Using this information staff has prepared the following analysis, which, in tum forms the basis for the recommendation contained in this report. In analyzing the applicant's request, staff believes that the following analysis warrants approval of the tentative tract map. The applicant is seeking approval of a tentative tract map to subdivide an existing parcel of land into five fee -simple lots. Upon completion of the subdivision, the lots will continue to be utilized for residential use in the form of detached single-family structures. In reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the City's 32A-6 TTM No. 2018-03, VAR No. 2018-08 August 13, 2018 Page 5 Zoning Code and General Plan, including lot size, lot coverage, and parking. Further conditions of approval have been included to bring the site's landscaping, architectural design, and Covenant Conditions and Restrictions to be in compliance with all applicable standards of the SAMC. Further, no adverse environmental impacts to fish or wildlife populations were identified as the project site is located in a built -out, urbanized area. Finally, the tentative tract map was found to be consistent with the California Subdivision Map Act and Chapter 34 of the Municipal Code. Variances Pursuant to SAMC Section 41-632 (a) (2), an application can be filed for a variance from the development standards of the zoning district. Variance request are governed by Section 41-638 (2) of the SAMC. Variances may be granted when it can be shown that there exists a special circumstance related to the property that is necessary for the preservation and enjoyment of substantial property rights. It must also be demonstrated that the approval of the variance will not be detrimental to the public or surrounding property, and will not adversely affect the General Plan. In analyzing the two variance requests, staff believes that the following analysis warrants staffs recommendation of approval for the two variances. The applicant's request for variances from the development standards of the SAMC requires staff to identify findings for granting the variance. Of those findings, the site has special circumstances that would otherwise be limiting the full use of the property if the requirements of the code are applied. The request to allow the subdivision of one parcel into five parcels and a street in order to construct five single-family residential structures is warranted by the fact that each propertys unique shape constrains the development of a uniform housing type construction. The two lots on which the variances for setbacks are being requested are Lot 1, which is requesting for both front and rear setbacks, and Lot 3 which would require a variance from the rear yard setback only. Lot 1 is located at the north east of the site and Lot 3 is located at the end of the cul-de-sac. The irregular shape of these two lots make it difficult to develop without the use of a variance from the development standards. Granting the variances allows the property owner the ability to provide additional housing opportunities in the City of Santa Ana. The variances being requested would allow the construction of a total of five single-family residential structures, which in tum will not be detrimental to the public welfare or injurious to the surrounding properties since the single-family residences will be complimentary to the surrounding residential uses in the area. Additionally, the granting of the variances is consistent with the General Plan vision of the City by promoting continued economic investment to private development. The applicant has requested a variance from two code requirements. Section 41-234 of the Santa Ana Municipal Code requires that a front yard setback no less than twenty (20) feet be provided for any residential structure. Lot 1 has a portion of the required two -car garage that encroaches into the front yard by approximately four (4) feet. 32A-7 TTM No. 2018-03, VAR No. 2018-08 August 13, 2018 Page 6 • Section 41-236 of the SAMC, which requires that a rear yard setback no less than twenty (20) feet be provided for any residential structure. Lot 1 has a portion of the garage that encroaches into the rear yard by approximately two feet. Lot 3 has a portion of the residential structure that encroaches into the rear yard by approximately four inches. Although the existing parcel is considered to be substantially larger in size than the adjacent R1 parcels, the subdivision of the property into five separate parcels and a street have created irregular shaped lots for the project. The variances which the applicant is requesting will provide a maximum use of the property and the proposed site plans will meet the remaining development standards of the SAMC and the Citywide Design Guidelines pertinent to single family structures. The overall project site provides an opportunity for additional housing and development that would otherwise continue to remain as a vacant, under-utilized parcel. These improvements will help to enhance the quality of life in the surrounding community. Furthermore, the project has been designed to be architecturally integrated with other single-family residences in the area and is consistent with Policies 2.10 and 3.5 of the Land Use Element that supports new development which is compatible in scale and character with existing development in the area. The development of this vacant lot also supports Policy 1.3 of the Housing Element that promotes a complementary mix of land uses that improves the character and stability of neighborhoods. Table 4: CEQA. Strateaic Plan Alignment, and Public Notification & Community Outreach CEQ& Strateg c Plan Alignment,; and Public Notification 8& Community Qutreach ;. CEQA CEQA Type Categorical Exemption [Section 15332] Document Type In -Fill Development Projects Class 32 exemptions apply to in -fill development projects. The proposed five -unit development project is located on a primarily vacant parcel. The project is consistent with the applicable general plan designation and all general plan Reason(s) policies, as well as with applicable zoning designation. The proposed Exempt or Analysis development occurs within city limits on a project site of no more than five acres and has no value as a habitat for endangered, rare or threatened species. Finally, the site can be adequately served by all required utilities and approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Strategic'Plan Alignment':: , Goal(s), Policy or Approval of this item supports the City's efforts to meet Goal #3 — Economic Policies Development, Objective #2 (create new opportunities for businessrJob growth and encourage private development through new General Plan and Zoning policies) P. ublic, Notificatibn & Community Outreach., Required Measures A public notice was posted on the project site on August 3, 2018. 32A-8 TTM No. 2018-03, VAR No. 2018-08 August 13, 2018 Page 7 CEQA, Strategic Plan Alignment, and Public Notification & Commurii ty. Outreach Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on August 3, 2018. Newspaper posting was published in the Orange County Reporter on August 3, 2018. The Artesia -Pilar Association representative was contacted to identify any areas of concern due to the proposed project. At the time this report was printed, no issues of concern were raised regarding the proposed development. Economic Development Benefits Based on the development of the .five new single-family residences, the City is expected, to generate approximately $90,000 in permit fees. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Tentative Tract Map No. 2018-03 and Variance No. 2018-08 as conditioned. Ivan Orozco Assistant Planner II 10: sb S:\Planning Commission12018t1102 N King Street TM 18-03 VAR 18-08. pc Exhibits: 1 — Resolution 2 — Vicinity Zoning and Aerial View 3 — Site Photo 4 — Site Plan 5 — Elevations 6 — Tentative Tract Map 32A-9 LS 08.13.18 RESOLUTION NO. 2017-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2018-03 AND VARIANCE NO. 2018-08 AS CONDITIONED TO ALLOW SUBDIVISION FOR FEE- SIMPLE LOTS AND CONSTRUCTION OF FIVE SINGLE FAMILY STRUCTURES WITH DEVIATIONS FROM FRONT AND REAR YARD SETBACK STANDARDS FOR THE PROPERTY LOCATED AT 1102 NORTH KING 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. An Ha, representing Heritage Home Management, LLC., hereinafter referred as "Applicant," is requesting approval of Tentative Tract Map No. 2018-03 and Variance No. 2018-08 to allow a subdivision for single-family structures with deviations from the front and rear yard setback standards for the property located at 1102 North King Street. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 34-127, the Planning Commission is authorized to review and approve tentative tract maps. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve variances for this project to: a) reduce the minimum front yard setback and b) reduce the rear yard setback as set forth by the SAMC. D. Tentative Tract Map No. 2018-03 and Variance No. 2018-08 came before the Planning Commission of the City of Santa Ana on August 13, 2018, for a duly noticed public hearing. E. To reduce the Lot 1 front yard setback to 16', the Lot 1 rear yard setback to 18', and the Lot 3 rear yard setback to 19', The Planning Commission of the City of Santa Ana determines that following findings, which must be established in order to grant Variance No. 2018-08, have been established as required by SAMC Section 41-638: That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at EXHIBIT 1 32A-10 variance with the intent and purpose of the provisions of this Chapter. The project site has a special circumstance related to its size and shape that warrants variances. The proposed project will be comprised of five separate lots that meet the majority of the development standards pursuant to Section 41-233 of the SAMC with the exception of Lot 1 and Lot 3 having a portion of the structures encroaching into the required front and rear yard setbacks. For Lot 1, the portion of the structure that impedes into the setback is part of the garage. Through the design review phase, it was identified that the location of the garage would better serve the lot towards the west of Lot 1, which would allow for the driveway apron and garage to be located on the newly developed street instead of a higher transited King Street. With this in mind, all the garages and driveways will be accessed from the new street including the garage for Lot 5 which also fronts on King Street. Lot 3 has a portion of the home encroaching into the rear yard by approximately four inches. Staff recognizes that a five-foot dedication has been requested to facilitate the future expansion of Fairview Street at the rear yard of Lot 3. This in turn creates an additional item of concern along with the unique shape of the lot that would deprive the property owner certain privileges do develop the lot. Additionally, a condition has been added to guarantee that the five-foot area of dedication be landscaped and maintained until the expansion occurs, therefore mitigating any trash dumping or collection of debris. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of these variances is necessary for the preservation and enjoyment of substantial property rights. The granting of the variances will preserve the property owner's ability to develop a vacant lot with a use that is allowed in the Single -Family Residence (R-1) zoning district and will provide new housing opportunities to people wishing to move into the City. The lot size would allow for up to seven units; however, the applicant reduced the total number of units to five as a street design was incorporated, which allows for an improved street circulation and access to the parcels. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. 32A-11 The granting of the variances will not be detrimental to the public or surrounding properties. As demonstrated in the site plan for the project, the site will have sufficient parking, open space, landscaping, and use of alternative materials to assure that the development of the site will provide an enhanced living condition to its residents. Therefore, the reduction in front and rear yard setbacks will not be detrimental to the surrounding community as it will not result in impacts affecting adjacent residential properties to the north, south, and east of the site. Further, the granting of the variance will allow the development of a vacant site and allow full use of the property. Finally, conditions have been placed to ensure that the site is in compliance with all other development standards and maintenance standards applicable to the property. 4. That the granting of a variance will not adversely affect the General Plan of the city. The project will not adversely affect the General Plan, but rather supports its goals. Goal 1 and 2 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs and enhance the City's economic and fiscal viability. The project complies with the majority of the (R-1) Single -Family Residence zoning district and addresses basic community needs such as additional housing opportunities which enhance the City's economic and fiscal viability. Goal 3 of the Land Use Element is to preserve and improve the character and integrity of the neighborhoods. By subdividing the one -acre parcel into five single-family residential lots and developing single-family structure, the new development is preserving and improving the character of the neighborhood. In addition, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The project will be located on a site surrounded by residential uses and will be compatible with the surrounding single family structures. Furthermore, Goal 6 strives for reducing residential overcrowding in order to promote public health and safety. By constructing five new single family homes, the project site is providing additional housing to the community that would not be available if the site remained vacant. Lastly, conditions of approval will also ensure that the project remains compatible with surrounding land uses and guarantees that on-site maintenance of the property will continue to occur. 32A-12 F. The Planning Commission of the City of Santa Ana determines that following findings, which must be established in order to approve Tentative Tract Map No. 2018-03, have been established as required by SAMC Section 34-127 and the California Subdivision Map Act: 1. The proposed project and its design and improvements are consistent with the Low Density -Residential (LR) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. The proposed project and its design and improvements will be consistent with the Low Density -Residential (LR) land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision of land will create five (5) individual fee -simple parcels and will be consistent with the various provisions of the General Plan. 2. The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project will conform to all of the requirements of the zoning ordinance except for those items that require a variance (front and rear setbacks). All subdivision codes will be met as well as other applicable City ordinances. The proposed project conforms to the Single -Family Residential (R1) provisions of the zoning code that pertain to lot size, parking, and landscaping; by doing so, the parcel and the construction within the parcel guarantee conformance to all R1 standards of the SAMC. 3. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. The current general plan land use density would allow for seven (7) density units per acre, with the proposed project only developing five (5) units. The proposed site consists of approximately 1.03 acres of land and is physically suitable for the proposed development, where access to the site will be from King Street and the newly developed street. 32A-13 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Since the project is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious health problems, with the proposed subdivision not having any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required under Development Project Review No. 2015-65. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The design or improvements of the proposed project will not conflict with easements necessary for public access or use of the property within the proposed project since there are no existing and recorded easements for the property. The conceptual design of all construction for the property will not affect the proposed expansion of Fairview Street as consideration has been taken and the applicant has provided the five-foot dedication on the west of the parcel. The Applicant will be recording an easement necessary to ensure reciprocal rights between properties, including but not limited to access, egress, common areas, and drainage. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Section 15332 (Class 32 "In -Fill Development Projects"). Class 32 exemption applies to projects characterized as infill development meeting the following conditions: 1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulation; 2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; 3. The project site has no value as habitat for 32A-14 endangered, rare or threatened species; 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5. The site can be adequately served by all required utilities and public services. The project is consistent with the City's General Plan and the R-1 development standards. The project meets several General Plan goals and policies, including Land Use Element's Goal 1 (to promote a balance of land uses to address basic community needs), Goal 2 (to promote land uses which enhance the City's economic and fiscal viability), and Goal 3 (to preserve and improve the character and integrity of neighborhoods). Further, the proposed project will take place within city limits and is on a project site that is less than five acres in size and is surrounded by urban areas. The project site has no value as habitat for endangered, rare, or threatened species and is not identified in the General Plan as having such value. Approval of the project will not result in any significant effects relating to traffic, noise, air quality, or water quality. The City's Planning Division and Public Works Agency have reviewed the proposed project and have determined that the amount of traffic, noise, air quality impacts, and water quality impacts are below thresholds that would warrant further analyses. Finally, the site will be served by all required utilities and public services as it is located within a heavily -urbanized area near the intersection of King and 11th Streets. Based on this analysis, a Notice of Exemption for Environmental Review No. 2015-123 will be filled for this project. Section 3. 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 sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Tentative Tract Map No. 2018-03 and Variance No. 2018- 08 as conditioned in "Exhibit A", attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 13, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 13th day of August 2018 by the following vote: AYES: Commissioners: NOES: Commissioners: 32A-15 ABSENT: Commissioners: ABSTENTIONS: Commissioners: Mark McLoughlin Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 13, 2018. Date: Recording Secretary City of Santa Ana 32A-16 EXHIBIT A Conditions for Anaroval for Tentative Tract Mau No. 2018-03 Tentative Tract Map No. 2018-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed belownu for to exercising the rights conferred by this tentative tract map. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Planninq Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2015-65. 2. Any amendment to this Tentative Tract Map, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages, must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 3. Applicant must submit Covenants, Conditions and Restrictions (CC&R's) for the project to the case planner for review and approval prior to the final map being recorded. 4. The final map must be approved and recorded prior to issuance of building permits. 5. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Authority, Building Division, and Public Works Agency within 10 days of recordation. 32A-17 7. Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the applicant) shall execute a maintenance agreement or incorporate the form of this condition within the Projects CC&R's with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Developer and the owner of the property are different (e.g., if the applicant is a tenant or licensee of the property or any portion thereof), both the applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. 32A-18 f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 32A-19 Conditions for Approval for Variance No. 2018-08 Variance No. 2018-08 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2015-65. 2. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design. At a minimum, the project shall incorporate the amount and size of landscaping as shown on the preliminary landscape plans. The landscape plan shall also include all proposed walls, specifically the material proposed for the wall, which shall be block CMU. The exact specifications for these items are subject to the review and approval of the Planning Division. 3. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 4. The westerly five feet of the property, adjacent to Fairview Street must be included in the landscape plan and be maintained for the length of time until the property is dedicated to the City. 32A-20 7/25/2018 Villas De Rosa Subdivision, TM 2018-03 VAR 2018-08 1'r4 Mtnmin �I Ri11x�L: F� 4t,'. 1R i � i`3Gf s + Nr� 1'tiJ T ajL - R2 Tva.hmlly i:xiaanca SYEumm:Cartment 0 Mono. hmia/ Peabence ■ RCsi#nuai Eaave ■ C:mmeNel0.asiGantial ■ SPatlh.[ %an ■'.ped( Berekpmen ■ ihrmed SE:p.+n3 C-1., SOYL M1N SVaat CCTme[OaI OR+tt Cvmmunit/ Cemmeenalmmeum DISniR Cammurvryfvmmercial r ■MemlCammertial F.—) Gc<N Cmmvtlal ti3tt lnNmnl ■ Meauy'Mu[[nal >cOlef Pcml - Vicinity Zoning a ew rl 701a ninmal Man Prndurtc. All dohN rp",Pd. http://apps.spatialstream.com/production/dashboardl8/9/0/CurrentBui3llyl/—021tml 1/1 }} i Santa Ana Boundary% fr Zoning Zone De criptlpn � f Ii - I j Tva.hmlly i:xiaanca SYEumm:Cartment 0 Mono. hmia/ Peabence ■ RCsi#nuai Eaave ■ C:mmeNel0.asiGantial ■ SPatlh.[ %an ■'.ped( Berekpmen ■ ihrmed SE:p.+n3 C-1., SOYL M1N SVaat CCTme[OaI OR+tt Cvmmunit/ Cemmeenalmmeum DISniR Cammurvryfvmmercial r ■MemlCammertial F.—) Gc<N Cmmvtlal ti3tt lnNmnl ■ Meauy'Mu[[nal >cOlef Pcml - Vicinity Zoning a ew rl 701a ninmal Man Prndurtc. All dohN rp",Pd. http://apps.spatialstream.com/production/dashboardl8/9/0/CurrentBui3llyl/—021tml 1/1 32A-22 LOTI °"' e'er' .e... W4 11 `"'h:: r t•..n � > tura r fhL�!j `SS14.i-.ER"C^iC"' 'Y:s etiw,tamm 32A-23 rT r- I d 1• �� �{ i� �r ---ah Lot 1 Front Elevation Lot 3 Front Elevation 32A-24 "w' Etice . Y V. w. • i T 4 . 11. .� ] XY+ Yip MMMIle Lot 3 Front Elevation 32A-24 32A-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ADOPT REIMBURSEMENT AND PLEDGED ❑ As Recommended REVENUE AND FUNDS RESOLUTIONS E]Amended E]OOrrdinance on 1 Reading FOR CLEAN WATER AND SAFE DRINKING ❑ Ordinance on 2ntl Reading WATER STATE REVOLVING FUND ❑ Implementing Resolution CAPITAL IMPROVEMENT PROJECTS - [I Set Public Hearing For [NONGENERAL FUND] (STRATEGIC PLAN NO. 6, 1G) CIV MAN GER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Adopt Reimbursement and Pledged Revenue and Funds Resolutions required for participation in the California State Water Resources Control Board, Clean Water State Revolving Fund and Safe Drinking Water State Revolving Fund programs, pledging funds from any financing received through these programs for the four capital improvement projects below and authorizing the reimbursement of expenditures for these projects made prior to the receipt of such financing: 1. Segerstrom (San Lorenzo) Sewer Lift Station 2. Sewer Collection System Improvements 3. Automated Metering Infrastructure 4. Water Distribution System Improvements DISCUSSION The California State Water Resources Control Board (SWRCB) oversees two capital improvement financing programs, known as the Safe Drinking Water State Revolving Fund (SDWSRF) and Clean Water State Revolving Fund (CWSRF), which provide grants and low-cost flexible financing for capital improvements to water and wastewater utilities. On August 2, 2016, Council adopted resolutions and authorized staff to submit various applications for grants and/or low interest loans to the SWRCB for both water and sewer infrastructure projects. With the assistance of a contract consultant, staff has submitted applications for the subject capital projects that are good candidates for SWRCB approval. These projects would benefit from a near-term infusion of cash to shorten their respective project delivery schedules, and accelerate realization of service -level and financial benefits to the City and its enterprise ratepayers. 55A-1 Adopt Reimbursement and Pledged Revenue and Funds Resolutions for State Revolving Fund Capital Improvement Projects September 18, 2018 Page 2 The following projects were selected by staff in accordance with the water and sewer infrastructure master plans: Application Project Name Proiect # and Description 1. San Lorenzo Sewer Lift Station 06-3510; Replace Segerstrom sewer lift station 2. Sewer Collection System Improvements Replace existing mains and associated assets 3. Automated Meter Infrastructure 16-6460; Replace 48,000 meters with smart meters and associated assets 4. Water Distribution System Improvements Replace end -of -useful -life cast iron water mains Stage of Delivery Estimated Cost Finalizing Plans & $4.0 Million Specifications Various, ongoing $9.5 Million Feasibility Study $13.7 Million Complete Various, ongoing $14.6 Million Staff utilized the services of the City's Municipal Consultant, Urban Futures, to evaluate the water and sewer enterprise's ability to accommodate new debt. It was concluded that both enterprises have the financial capacity of incurring the type of financing award offered through the SDWSRF and CWSRF. If the SWRCB elects to award the City low interest loans, staff will return to Council at a future date with a detailed analysis and recommendation on whether to accept or decline any award. The project applications have advanced to the fourth and final step in the SWRCB review process, which is the submission of a financial application and accompanying Reimbursement and Pledged Revenues resolutions. These resolutions are required to meet the State's requirements, regardless of whether or not the City receives this funding as a grant or a low- interest loan. 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. 55A-2 Adopt Reimbursement and Pledged Revenue and Funds Resolutions for State Revolving Fund Capital Improvement Projects September 18, 2018 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action at this time. Upon notification of financing award, staff will return to Council for approval of further actions and will indicate the fiscal impact of any such awards and associated expenditures at that time. Z,4��►'� �• s . Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FS/NS/RR Exhibit: 1. Pledge Revenues and Funds Resolution: Segerstrom (San Lorenzo) Sewer Lift Station 2. Reimbursement Resolution: Segerstrom (San Lorenzo) Sewer Lift Station 3. Pledge Revenues and Funds Resolution: Sewer Collection System Improvements 4. Reimbursement Resolution: Sewer Collection System Improvements 5. Pledge Revenues and Funds Resolution: Automated Metering Infrastructure 6. Reimbursement Resolution: Automated Metering Infrastructure 7. Pledge Revenues and Funds Resolution: Water Distribution System Improvements 8. Reimbursement Resolution: Water Distribution System Improvements 55A-3 55A-4 Jmf 8/14/18 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUES AND FUNDS FOR THE REPAYMENT OF FINANCING FROM THE STATE WATER RESOURCES CONTROL BOARD FOR THE SEGERSTROM (SAN LORENZO) SEWER LIFT STATION PROJECT WHEREAS, the City of Santa Ana ("Agency') desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water and wastewater system, including specifically the Segerstrom (San Lorenzo) Sewer Lift Station Project ("Project"); and WHEREAS, the City Council of the City of Santa Ana has previously authorized City staff to apply for financing of the construction and/or reconstruction of the Project or portions of the Project with low interest moneys from the State Revolving Fund, provided by the State of California, acting by and through the State Water Resources Control Board ("State Water Board"); and WHEREAS, the State Water Board requires, as a condition of approval of any financing agreement, the establishment of pledged sources of revenue to repay this financing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City of Santa Ana hereby dedicates and pledges the net revenues of the sewer enterprise fund and the sewer enterprise fund to payment of any and all Clean Water State Revolving Fund and/or Water Recycling Funding Program financing for the Segerstrom (San Lorenzo) Sewer Lift Station Project. Section 2. The City commits to collecting such revenues and maintaining such fund(s) throughout the term of such financing and until the City has satisfied its repayment obligation thereunder unless modification or change is approved in writing by the State Water Board. Section 3. So long as the financing agreement(s) are outstanding, the City's pledge hereunder shall constitute a lien in favor of the State Water Board on the foregoing fund(s) and revenue(s) without any further action necessary. Section 4. So long as the financing agreement(s) are outstanding, the City commits to maintaining the fund(s) and revenue(s) at levels sufficient to meet its obligations under the financing agreement(s). EXHIBIT 1--' Resolution No. 20184M Page 1 of 2 55A-5 jmf 8/14/18 Section 5. 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, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �.Lv* jL ohn M. Funk Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: y Clerk of the Council City of Santa Ana Resolution No. 2018-)00( Page 2 of 2 Jmf 8/14/18 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE REIMBURSEMENT OF FUNDING FOR THE SEGERSTROM (SAN LORENZO) SEWER LIFT STATION PROJECT FROM THE STATE WATER RESOURCES CONTROL BOARD WHEREAS, the City of Santa Ana ("Agency") desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water and wastewater system, including specifically the Segerstrom (San Lorenzo) Sewer Lift Station Project ('Project"); and WHEREAS, the Agency intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys ('Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board ("State Water Board"); and WHEREAS, the State.Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes ("Obligations"); and WHEREAS, prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds, the Agency desires to incur certain - capital expenditures ("Expenditures") with respect to the Project from available moneys of the Agency; and WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period, and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid pnorto the issuance of the Obligations orthe approval by the State Water Board of the Project Funds. Section 2. The reasonably expected maximum principal amount of the Project Funds is $4,000,000. Section 3. This Resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds. Resolutlon No. 2018 -XXX EXHIBIT 2 Pagel of 55A-7 jmf 8/14/18 Section 4. Each Agency expenditure will be of a type properly chargeable to a capital account under general federal income tax principles. Section 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued. Section 6. This Resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation Section 1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. Section 7. All the recitals in this Resolution are true and correct, and this Agency so finds, determines, and represents. Section 8. 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, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Yl/, f/1-yA ohn M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor '• • ResoluUon No. 2018 -XXX Page 2 of 3 jmf 8114118 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana 55A-9 Resolutbn No. 2018-)00( Page 3 of 3 55A-10 Jmf 8/14/18 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUES AND FUNDS FOR THE REPAYMENT OF FINANCING FROM THE STATE WATER RESOURCES CONTROL BOARD FOR THE SEWER COLLECTION SYSTEM IMPROVEMENTS PROJECT WHEREAS, the City of Santa Ana ("Agency") desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water and wastewater system, including specifically the Sewer Collection System Improvements Project ("Project"); and WHEREAS, the City Council of the City of Santa Ana has previously authorized City staff to apply for financing of the construction and/or reconstruction of the Project or portions of the Project with low interest moneys from the State Revolving Fund, provided by the State of California, acting by and through the State Water Resources Control Board ("State Water Board"); and WHEREAS, the State Water Board requires, as a condition of approval of any financing agreement, the establishment of pledged sources of revenue to repay this financing. NOW;.THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City of Santa Ana hereby dedicates and pledges the net revenues of the sewer enterprise fund and the sewer enterprise fund to payment of any and all Clean Water State Revolving Fund and/or Water Recycling Funding Program financing for the Sewer Collection System Improvements Project. Section 2. The City commits to collecting such revenues and maintaining such fund(s) throughout the term of such financing and until the City has satisfied its repayment obligation thereunder unless modification or change is approved in writing by the State Water Board. Section 3. So long as the financing agreement(s) are outstanding, the City's pledge hereunder shall constitute a lien in favor of the State Water Board on the foregoing fund(s) and revenue(s) without any further action necessary. Section 4. So long as the financing agreement(s) are outstanding, the City commits to maintaining the fund(s) and revenue(s) at levels sufficient to meet its obligations under the financing agreement(s). Resolution No. 2018-M Page 1 of 2 55A-11 jmf 8/14/18 Section 5. 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, 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �ir ohn M. Funk .Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana 55A-12 Resoldon No. 2010 -XXX Page 2 of 2 jmf 8/14/18 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE REIMBURSEMENT OF FUNDING FOR THE SEWER COLLECTION SYSTEM IMPROVEMENTS PROJECT FROM THE STATE WATER RESOURCES CONTROL BOARD WHEREAS, the City of Santa Ana ("Agency") desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water and wastewater system, including specifically the Sewer Collection System Improvements Project ("Project"); and WHEREAS, the Agency Intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys ("Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board ("State Water Board"); and WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes ("Obligations"); and WHEREAS, prior to the issuance of the Obligations orthe approval by the State Water Board of the Project Funds, the Agency desires to incur certain capital expenditures ("Expenditures") with respect to the Project from available moneys of the Agency; and WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period, and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid priorto the issuance of the Obligations orthe approval by the State Water Board of the Project Funds. Section 2. The reasonably expected maximum principal amount of the Project Funds is $9,500,000. Section 3. This Resolution Is being adopted no later than 60 days after the date on which the Agency will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds. EXHIBIT4 ResduUon �Page 1 o 3 55A-13 jmf 8/14/18 Section 4. Each Agency expenditure will be of a type properly chargeable to a capital account under general federal income tax principles. Section 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued. Section 6. This Resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation Section 1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. Section 7. All the recitals in this Resolution are true and correct, and this Agency so finds, determines, and represents. Section 8. 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, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: UV ohn M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councjimembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 55A-14 ResoluUon No. 2018 -XXX Page 2 of 3 jmf 8/14/18 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana 55A-15 Resolutlon No. 2018 -XXX Page 3 of 3 55A-16 jmf 8/14/18 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUES AND FUNDS FOR THE REPAYMENT OF FINANCING FROM THE STATE WATER RESOURCES CONTROL BOARD FOR THE AUTOMATED METER INFRASTRUCTURE PROJECT WHEREAS, the City of Santa Ana ("Agency") desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water and wastewater system, including specifically the Automated Meter Infrastructure Project ("Project"); and WHEREAS, the City Council of the City of Santa Ana has previously authorized City staff to apply for financing of the construction and/or reconstruction of the Project or portions of the Project with low interest moneys from the State Revolving Fund, provided by the State of California, acting by and through the State Water Resources Control Board ("State Water Board"); and WHEREAS, the State Water Board requires, as a condition of approval of any financing agreement, the establishment of pledged sources of revenue to repay this financing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City of Santa Ana hereby dedicates and pledges the net revenues of the water enterprise fund and the water enterprise fund to payment of any and all Clean Water State Revolving Fund and/or Water Recycling Funding Program financing for the Automated Meter Infrastructure Project. Section 2. The City commits to collecting such revenues and maintaining such fund(s) throughout the term of such financing and until the City has satisfied its repayment obligation thereunder unless modification or change is approved in writing by the State Water Board. Section 3. So long as the financing agreement(s) are outstanding, the City's pledge hereunder shall constitute a lien in favor of the State Water Board on the foregoing fund(s) and revenue(s) without any further action necessary. Section 4. So long as the financing agreement(s) are outstanding, the City commits to maintaining the fund(s) and revenue(s) at levels sufficient to meet its obligations under the financing agreement(s). EXHIBIT 5 ResoMon No. 201&X)0( Page 1 of 2 55A-17 jmf 8/14/18 Section 5. 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, 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ohn M. Funk Assistant City Attorney AYES: Councilmembers NOES Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana 55A-18 Resolution No. 2018-)= Page 2 of 2 Jmf 8/14/18 RESOLUTION NO. 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE REIMBURSEMENT OF FUNDING FOR THE AUTOMATED METER INFRASTRUCTURE PROJECT FROM THE STATE WATER RESOURCES CONTROL BOARD WHEREAS, the City of Santa Ana ("Agency") desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water and wastewater system, including specifically the Automated Meter Infrastructure Project ("Project"); and WHEREAS, the Agency intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys ("Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board ("State Water Board"); and WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes ("Obligations"); and WHEREAS, prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds, the Agency desires to incur certain capital expenditures ("Expenditures") with respect to the Project from available moneys of the Agency; and WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period, and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds. Section 2. The reasonably expected maximum principal amount of the Project Funds is $13,700,000. Section 3. This Resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds. EXHIBIT 6 Resolution No. 2018-X)0( Page 1 of 3 55A-19 jmf 8/14/18 Section 4. Each Agency expenditure will be of a type properly chargeable to a capital account under general federal income tax principles. Section 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued. Section 6. This Resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation Section 1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. Section 7. All the recitals in this Resolution are true and correct, and this Agency so finds, determines, and represents. Section 8. 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, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: . :F'�G hn M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 55A-20 Resolution No. 2018 -XXX Page 2 of 3 jmf 8/14/18 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana 55A-21 Resolution No. 2018-M Page 3 of 3 55A-22 jmf 8/14/18 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PLEDGING REVENUES AND FUNDS FOR THE REPAYMENT OF FINANCING FROM THE STATE WATER RESOURCES CONTROL BOARD FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS PROJECT WHEREAS, the City of Santa Ana ("Agency") desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water and wastewater system, including specifically the Water Distribution System Improvements Project ("Project"); and WHEREAS, the City Council of the City of Santa Ana has previously authorized City staff to apply for financing of the construction and/or reconstruction of the Project or portions of the Project with low interest moneys from the State Revolving Fund, provided by the State of California, acting by and through the State Water Resources Control Board ("State Water Board"); and WHEREAS, the State Water Board requires, as a condition of approval of any financing agreement, the establishment of pledged sources of revenue to repay this financing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City of Santa Ana hereby dedicates and pledges the net revenues of the water enterprise fund and the water enterprise fund to payment of any and all Clean Water State Revolving Fund and/or Water Recycling Funding Program financing for the Water Distribution System Improvements Project. Section 2. The City commits to collecting such revenues and maintaining such fund(s) throughout the term of such financing and until the City has satisfied its repayment obligation thereunder unless modification or change is approved in writing by the State Water Board. Section 3. So long as the financing agreement(s) are outstanding, the City's pledge hereunder shall constitute a lien in favor of the State Water Board on the foregoing fund(s) and revenue(s) without any further action necessary. Section 4. So long as the financing agreement(s) are outstanding, the City commits to maintaining the fund(s) and revenue(s) at levels sufficient to meet its obligations under the financing agreement(s). Resolution No. 2018-X)0( Pagel of 2 55A-23 jmf 8/14/18 Section 5. 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, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: % f' hn M. Funk Assistant City Attorney AYES: Councilmembers NOES ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana 55A-24 Resolution No. 2018-700( Page 2 of 2 Jmf 8/14/18 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE REIMBURSEMENT OF FUNDING FOR THE WATER DISTRIBUTION SYSTEM IMPROVEMENTS PROJECT FROM THE STATE WATER RESOURCES CONTROL BOARD . WHEREAS, the City of Santa Ana ("Agency") desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water and wastewater system, including specifically the Water Distribution System Improvements Project ('Project"); and WHEREAS, the Agency intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys ("Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board ("State Water Board"); and WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross Income for federalincome tax purposes ("Obligations"); and WHEREAS, prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds, the Agency desires to incur certain capital expenditures ("Expenditures") With respect to the Project from available moneys of the Agency; and WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period, and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the Issuance of the Obligations or the approval by the State Water Board of the Project Funds. Section 2. The reasonably expected maximum principal amount of the Project Funds is $14,600,000. Section 3. This Resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds. Resdutlon No. 2018 -XXX EXHIBIT 8 Pagel of 55A-25 jmf 8/14/18 Section 4. Each Agency expenditure will be of a type properly chargeable to a capital account under general federal income tax principles. Section 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued. Section 6. This Resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation Section 1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. Section 7. All the recitals in this Resolution are true and correct, and this Agency so finds, determines, and represents. Section 8. 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, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:. hn M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 55A-26 Resoldon No. 2018 -XXX Page 2 of 3 jmf 8/14/18 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana 55A-27 Resolution No. 2018 -XXX Page 3 of 3 55A-28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: ADOPT RESOLUTION AMENDING THE LIST OF DESIGNATED CLASSIFICATIONS REQUIRED TO FILE ANNUAL STATEMENT OF ECONOMIC INTERESTS DISCLOSURE FORM AND REQUIRED BIENNIAL REVIEW OF CONFLICT OF INTEREST CODE POLICY {STRATEGIC PLAN NO. 5, 1} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution amending the City of Santa Ana's Conflict of Interest Code Policy. DISCUSSION The California State Government Code specifies that local agencies must review their Conflict of Interest Codes each even -numbered year. Changes to the codes must be adopted by the City Council as the code reviewing body for City agencies and departments. Pursuant to State requirements, each agency/department in the City of Santa Ana has reviewed the classifications and proposed the changes as reflected in the attached resolution. The recommendations include the addition of new classifications added to the City's budget and deletion of positions removed from the budget or whose duties have changed and no longer include making or participating in governmental decisions. Changes to the Conflict of Interest Code list of designated filers are reflected in the resolution (see Exhibit 1). 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). 5513-1 Resolution adopting the Conflict of Interest Code Policy September 18, 2018 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar Clerk of the Council Exhibit: 1. Resolution 55B-2 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS Section 1. The City Council of the City of Santa Ana hereby finds determines and declares as follows: A The various offices, agencies, and departments of the City of Santa Ana have maintained Conflict of Interest Codes pursuant to the Political Reform Act of 1974 (California Government Code sections 81000 at seq.) since the enactment of that law. B The last comprehensive revision of the Conflict of Interest Code of the various offices, agencies, and departments of the City is set forth in City Council Resolution No. 2016-074 adopted September 20, 2016. C Certain agencies and departments of the City now desire to amend the list of designated employees in the Conflict of Interest Code set forth in Resolution No. 2016-074. Section 2. The persons holding designated positions defined in Exhibit A attached to and made part of this resolution shall file statements of economic interest pursuant to the requirements of the City's Conflict of Interest Code. Section 3. The disclosure categories as defined in Exhibit B are attached to and made a part of this resolution. Section 4. This resolution shall supersede and replace Resolution No. 2016- 074. Section 5. 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. 55B-3 ADOPTED this day of APPROVED AS TO FORM: By; ^' ' Laura A. Rossini, Senior Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 2018. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 55B-4 Maria D. Huizar, Clerk of the Council CITY OF SANTA ANA CONFLICT OF INTEREST CODE DESIGNATED POSITIONS 2018-2020 EXHIBIT A This Conflict of Interest Code is adopted for the City of Santa Ana California pursuant to the Political Reform Act of 1974 (California Government Code, Sections 81000 g.). It consists of the model code set forth in Regulation 18730 of the Fair Political Practices Commission, incorporated herein by reference, together with the following Appendix: DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Elected Officials Mayor' 1 Councilmembers' 1 Successor Agency Members 1 Citv Manaaer City Manager ' 1 Assistant to the City Manager 1 Deputy City Manager 1 Strategic Communications Manager 1 Special Assistant to the City Manager 1 Senior Management Assistant 1 Consultants 2 1 Contract Planning Consultants 7 Contract Plan Check Services 7 Program Transit Consultant Manager 2,5 Communication Manager 1 Clerk of the Council Clerk of the Council 1 Assistant Clerk of the Council 1 Citv Attorne City Attorney ' 1 Chief Assistant City Attorney 1 Senior Legal Management Assistant 4 Senior Assistant City Attorney 1 Assistant City Attorney 1 Deputy City Attorney 1 55B-5 DESIGNATED EMPLOYEES / FILERS DISCLOSURE Accounting Manager CATEGORY Community Development Agency 1 Executive Director of Community Development 1 Arts and Culture Specialist 2, 4 Community Development Analyst 2,4 Business License Tax Collector / Inspector 4 Building Maintenance Supervisor 4 Economic Development Specialist II 2,4 Economic Development Specialist III 2,4 55B-6 4 Homeless Services Manager 1 Housing and Project Management Consultant 2,4 Housing Authority Analyst 2,4 ,4 He6lGiRg AwthoFity GeerdiRatOF 4 2—,4 Housing Authority Operations Supervisor 4 Housing Division Manager 1 Housing Programs Analyst 2,4 ,4 Housing Programs Coordinate 4 2—,4 Housing Specialist 1 2,6 Housing Specialist 11 2,6 Loan Specialist 2 Management Aide 2 Management Analyst 2,4 ,4 Neighborhood Imprevement PFE)jeGt SpeGia'06 4 2—,4 Principal Management Analyst 1 Residential Construction Specialist 2,5 Senior Community Development Analyst 2,4 Senior Housing Specialist 2 SeRiOF MaRagement Analyst 2—,4 SeRiGF Ma Ragn.n n4 Assistant Senior Residential Construction Specialist 2,5 Workforce Specialist 111 2,4 Workforce Specialist IV 2,4 " Consultants (Grants) 2,4 Finance Management Services Aaenc Executive Director' 1 Accounting Manager 1 Accounts Payable Supervisor 1 Assistant Director of Finance Management Services 1 Budget Analyst 1 Budget Supervisor 1 Business License Tax Collector / Inspector 1 Building Maintenance Supervisor 1 Buyer 3, 5, 7 Central Services Supervisor 3 55B-6 DESIGNATED EMPLOYEES / FILERS DISCLOSURE Administrative Services Manager CATEGORY Facilities and Fleet Maintenance Manager 3,5 Fleet Equipment Supervisor 3 Fleet Services Supervisor 3 Management Analyst 1 Payroll Manager 1 Payroll Systems Analyst 1 Principal Management Analyst 1 Senior Budget Analyst 4 Senior Financial Analyst 4 Senior Management Analyst 4 Stores & City Yard Property Specialist 3 Superintendent Financial Analyst 1 Supervising Accountant 1 Supervising Buyer 3, 5, 7 Treasury and Customer Services Manager 1 Treasury Services Supervisor 1 Information Technology Department Chief Technology Innovations Officer 1 Information Services and Network Manager 1 Parks Recreation and Communitv Services Executive Director 1 Administrative Services Manager 1 Community Events Supervisor 1 Community Services Manager 45,7 1 Community Services Supervisor 1 General Maintenance Supervisor 1 Library Operations Manager 1 Management Analyst 1 Park Services Inspection Supervisor 1 Principal Librarian 1 Senior Management Analyst 1 Senior Parks Services Inspection Supervisor 1 Youth Services Supervisor 1 Zoo Manager 4, 5, 7 1 Human Resources Department Executive Director 1 Assistant Director of Human Resources Pe.rsennel Sewiices 1 Benefits & Compensation Supervisor 1 Payroll Systems Analyst 1 55B-7 DESIGNATED EMPLOYEES I FILERS DISCLOSURE CATEGORY Risk Manager 1 Senior Human Resources Analyst 1 Worker's Compensation Administrator Supewiser 4 Planning and Building Agency Executive Director 1 Administrative Services Manager 1 Assistant Director of Planning and Building 1 Assistant Plan Check Engineer 1 2, 7 Assistant Plan Check Engineer II 2,7 Assistant Planner 1 2, 6, 7* Assistant Planner II 2, 6, 7* Associate Plan Check Engineer 2,7 Associate Planner 2, 6, 7* Building Inspector 6 Building Safety Manager 1 Building Technician 6 Code Enforcement Associate 6 Code Enforcement Manager 1 Code Enforcement Officer 6 Code Enforcement Principal 2,6, Code Enforcement Supervisor 2,6 Combination Building Inspector 6 Community Preservation Inspector 6 Deputy Building Official (New Construction) 1 Deputy Building Official (Plan Check) 1 Electrical Inspector 6 Electrical Plan Checker 2, 6, 7* Environment Coordinator 6 Landscape Development Associate 2, 6, 7 Management Aide 2, Management Analyst Intern 2, 6, 7 Part-time Associate Planner 2, 6, 7 Part-time Combination Building Inspector 6 Part-time Deputy Building Inspector 6 Part-time Permit Services Technician 6 Part-time Planning Technician 2, 6, 7 Part-time Plans Examiner 1 2,7 Part-time Plans Examiner 11 2, 7 Part-time Senior Planner 2, 6, 7 Permit Services Processor 6 Permit Services Supervisor 2,6,7-- ,6,7**Permit PermitServices Technician ol..,-�„ Fxam*Re 6 2,6,7 Planning Assistaf# I 55B-8 2,6,7 DESIGNATED EMPLOYEES / FILERS DISCLOSURE Active Transportation Coordinator CATEGORY Planning Manager 1 Planning Technician 2, 6, 7 Plumbing Inspector 6 Plumbing Mechanical Inspector 6 Principal Plan Check Engineer 2,7 Principal Planner 2, 6, 7** Senior Accounting Assistant 4 Senior Building Inspector 6 Senior Code Enforcement Officer 6 Senior Combination Building Inspector 6 Senior Community Planner 1 Senior Electrical Inspector 6 Senior Electrical Systems Specialist 2, 6 *** Senior Management Analyst 4,7 Senior Plan Check Engineer 2,7 Senior Planner 2, 6, 7 **** Senior Plumbing / Mechanical Systems Specialist 2, 6 *** Senior Plumbing Inspector 6 Supervisor of Inspections 2, 6, 7 Police Department Police Chief 1 Jail Administrator 1 Police Administrative Manager 1 Police Captain / Commander 1 Police Communications Manager 4 Police Lieutenant 1 Police Systems and Communications Manager 1 Public Works Aaenc Executive Director 1 Active Transportation Coordinator 1 Administrative Services Manager 1 Assistant Engineer II 2, 5,7 Assistant Public Works Maintenance Manager 1 City Engineer 1 Construction Inspector 1 5 Construction Inspector II 5 Contracts Administrator 5 Deputy City Engineer 1 Principal Civil Engineer 2, 5, 7 Projects Manager 1 Public Works Maintenance Manager 1 Senior Civil Engineer 2, 5, 7 Senior Engineer 2, 5, 7 55B-9 DESIGNATED EMPLOYEES / FILERS Senior Transportation Analyst Street Maintenance Supervisor Transit Program Manager Tree Maintenance Supervisor Water Resources Manager Water Services Supervisor Board / Commission Members Arts and Culture Commission Board of Parks and Recreation Members Community Redevelopment & Housing Commission Members Environmental and Transportation Advisory Committee Members Historic Resources Commission Members Personnel Board Members Planning Commission Members' Workforce Development Board Members OTHERS Successor Agency Members Housing Authority Member DISCLOSURE CATEGORY 2, 5, 7 1 1 1 1 1 1 1 1 1 1 1 1' 1 T 1 1 ' The Mayor, City Council, City Manager, City Attorney, Executive Director of Finance Management Services Agency, and Planning Commissioners file Economic Disclosure Form 700 with the Fair Political Practices Commission per Government Code Section 87200. 2 City Consultants shall be included when the City Manager determines in writing that a particular consultant is hired to perform duties that would constitute a "designated position". Such written determination shall include a description of the consultant's duties and, based upon the description, a statement of the extent of disclosure requirements. The determination by the City Manager is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. 55B-10 WAM11:i1111111:? CITY OF SANTA ANA CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES Required filers must review Form 700 Schedules and complete forms as mandated by the specific Disclosure Category designated. Disclosure Category 1: Full Disclosure Persons in this category shall disclose all applicable investments, business positions, income, any interests in real property located in the City or within a two-mile radius outside of the City limits, and, any interests in property owned or used by the City. Disclosure Category 2: Decision Making Authority Affecting Real Property Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which engage in land development, construction, or the acquisition or sale of real property; also reportable are all interests in real property located in the City and within a two-mile radius outside of the City limits or of any property owned or used by the City. Disclosure Category 3: City-wide Purchasing Responsibilities Persons in this category shall disclose applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies, materials, machinery, or equipment of the type utilized by the City Disclosure Category 4: Department/Division Purchasing Responsibilities Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies materials, machinery, or equipment of the type utilized by the designated employee s agency, department, or division. Disclosure Category 5: Public Works/Construction Projects Responsibilities Persons in this category shall disclose all interests in and income from businesses engaged in construction, landscaping, street repair, traffic signal installation or modification or the supply of materials for any of the above. Disclosure Category 6: Regulatory Power Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from any source which is subject to the regulatory, permit, or licensing authority of the designated employee's agency, department, or division. Disclosure Category 7: Planning and Engineering Persons in this category shall disclose all applicable investment, business positions, and income, including loans and gifts, from any source engaged in engineering, planning, and design services. 55B-1 1 55B-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: PUBLIC HEARING: HOLD SECOND HEARING REGARDING THE PROPOSED WARD RE -BOUNDARIES (STRATEGIC PLAN NO. 5, 1) CIN MANAGER RECOMMENDED ACTIONS CLERK OF COUNCIL USE ONLY: •r• _• ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Open and Close the second Public Hearing that will explain the re -boundary process, review the criteria used to modify Ward boundaries, and allow residents to submit their ideas. for potential "communities of interest" to consider in the new boundaries. DISCUSSION At its September 4, 2018 meeting, the City Council held the first public hearing regarding Ward boundaries. The culmination of these two Hearings will result in the development of any additional proposed new Ward map(s) for consideration at the subsequent Hearings scheduled on October 16, 2018. At the conclusion of the next Public Hearing to be held on October 16, 2018, the City Council will have the ability to select the preferred Ward Map and introduce for first reading an ordinance adjusting the ward boundaries in accordance with that map at the October 30, 2018 Adjourned Regular Meeting of the City Council (see Exhibits 2 and 3). The fifth and final Hearing scheduled for November 20, 2018 will be for the City Council to consider second reading and final adoption of ordinance setting new Ward boundaries. A timeline of events is attached as referenced in Exhibit 1. The City Charter provides that an ordinance adjusting ward boundaries must be approved by a 2/3 affirmative vote requirement and be adopted no later than 120 days before an election in order to be effective for that election (see Exhibit 4). While the City Charter limits ward boundary adjustments as needed to ensure equality of population among the wards, the settlement agreement approved by the City Council recognized the need to do so in order to comply with the California Voting Rights Act, which applies to both general law and charter cities. 75A-1 Second Public Hearing regarding Ward Re -Boundary September 18, 2018 Page 2 Re -boundary Standards When deciding upon a proposed map, the City Council must keep in mind certain standards in order to comply with the law. The following are mandatory for any proposed map (see Exhibit 5): • The Wards must be as nearly equal in population as may be (Elections Code § 21601). Exact equality of population is not required for the Wards, but they should strive to create Wards that have a total population deviation of no more than 10% between their most heavily populated Ward and the least populated Wards. Gaffney v. Cummings, 412 U.S. 772 (1973). • Current Councilmembers shall not lose their current seat or allow a term limit reset for members that have served three consecutive terms of four -years each. The City Council may also rely upon the following "traditional" re -boundary factors when deciding upon a map pursuant to Election Code §21601: • Cohesiveness, continuity, integrity, and compactness of territory • Community of interest • Topography and geography Finally, the following are additional criteria which are also acceptable to consider: • Traditional boundaries • Preservation of core of prior Wards • Race may be a factor considered in establishing the districts, but it may not be the predominant motivating factor in creating the districts. Miller v. Johnson, 515 U. S. 900, 916 (1995). Race is a predominant factor if the legislature "subordinate[s]" other factors— compactness, respect for political subdivisions, partisan advantage, what have you—to "racial considerations." Id. The City has held four Community Meetings throughout the City and received input including the need for additional demographic data. The demographic data in Exhibit 6 includes both total population (based on the 2010 census) and the Citizen Voting Age Population (CVAP) (based on the American Community Survey of the US Census). It must be noted that only total population will be used to determine the size or composition of Wards (refer to Exhibit 6). Staff has made the following efforts to encourages the community to be engaged in the process - notices sent via Nixie Alert, Facebook posting, emailed notice to all neighborhood associations, school district, board and commission members, and religious institutions; also published legal notices in various newspapers and translated into Spanish, Vietnamese, Chinese and Korean. The information has also been posted on the City's website located at hftp://www.ci.santa- ana.ca.us/coc/ward-re-boundary.asp 75A-2 Second Public Hearing regarding Ward Re -Boundary September 18, 2018 Page 3 Anyone may submit a comment or provide "community of interest' for consideration in the development of new Ward boundaries. A web -based platform is available to submit a "Community of Interest" and located at: https://santa- ana maps arcgis com/apps/CrowdsourceReporter/index htmPap pid=76c69f1d041842cd9c9eecd 7de9f05df All maps, suggestions and comments will be carefully reviewed and considered. Please submit on or before October 4, 2018 at 5:00 p.m. to ensure adequate review time to Santa Ana City Hall, Clerk of the Council, 20 Civic Center Plaza 8th Floor, Santa Ana, CA 92701 or via e-mail at ecomments()santa-ana.org. This proposed re -boundary process is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15320 — Class 20 (Changes in Organization of Local Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, since it involves a proposed reorganization of the City Council Wards and does not change the geographical area in which previously existing powers are exercised. STRATEGIC PLAN Approval of this item allows us to meet Goal #5. Community Health, Livability, Engagement & Sustainability, Priority #1, Establish a comprehensive community engagement initiative exhibit 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 Exhibits: 1. Timeline: Ward Re -Boundary Process 2. Current Ward Boundary Map 3. Proposed Draft Maps A -D 4. City of Santa Ana Charter Provisions 5. Elections Code Provisions 6. Additional Demographic Data 75A-3 75A-4 EXHIBIT 1: TIMELINE OF EVENTS WARD -RE -BOUNDARY PROCESS 75A-5 DESCRIPTIONDATE OF ACTION Published Notice of Community Meetings and Public Hearings in English, Spanish, Vietnamese, Chinese and Korean. August 27 Notices sent to religious organizations, Neighborhood Associations, a City Press Release and website developed with information COMMUNITY MEETING #1 - Thursday, August 30, 2018 at 10 August 30 a.m. at Iglesia De Dios Pentecostal, 1025 W. Memory Lane, Santa Ana, CA September 4 PUBLIC HEARING #1 — City Council Meeting COMMUNITY MEETING #2 - Thursday, September 6, 2018 at 6 September 6 p.m. at Southwest Senior Center, 2201 W. McFadden Ave., Santa Ana, CA COMMUNITY MEETING #3 - Monday, September 10, 2018 at 6 September 10 p.m. at Delhi Community Center, 505 E. Central Ave, Santa Ana, CA COMMUNITY MEETING #4 - Saturday, September 15, 2018 at 10 September 15 a.m. at Salgado Recreation Center 706 N. Newhope St., Santa Ana, CA September 18 PUBLIC HEARING #2 - City Council Meeting. (Pre -Map Formation) Publish Public Hearing Notice MUST be published at least 7 days September 19 before Hearing. (To be published on ??? for Hearings on October 16 and October 30th) PUBLIC HEARING #3 — (Map Development Session) • Review Proposed Maps as published. If any changes, will need to October 16 republish (NOTE: requires 7 days of publication prior to Hearing and adoption) • Adjourn Hearing #3 to Hearing #4 for further consideration. PUBLIC HEARING #4 — Tuesday, October 30, 2018 at 5:45 p.m. (Map Development Session Cont.) • Review Proposed Maps as published and considered at previous October 30 Meeting. If any changes, will need to republish (NOTE: requires 7 days of publication prior to Hearing and adoption) • Approve first reading of Ordinance and authorize publication of Ordinance (Requires five affirmative votes.) 75A-5 October 31 Send Publication of Ordinance, including map(s) with new Ward boundary lines to OC Register for publication November 20 PUBLIC HEARING #5 - Adoption (2nd reading) of Ordinance establishing New Ward Boundaries. Effective Date of Ordinance establishing New Boundary Wards (MUST be adopted before 120 days pursuant to Charter and 125 days per AB1730). 75A-6 EXHIBIT 2: CURRENT WARD BOUNDARIES 0.0 OS 1.0 1.5 Miles City of Santa Ana Council Wards Adopted January 17, 2012 75A-7 11 75A-8 EXHIBIT 3: PROPOSED WARD MAPS PLANS A -D City of Santa Ana Plan A 0 PLANA A B C D E F Population 54,539 54,399 53,751 53,680 54,038 54,176 Deviation 441 301 (347) 418) (60) 78 196 196 -1% -1% 096 096 18• Citizens (CVAP) 27,031 20,808 27,179 25,585 17,295 22,526 5096 3896 5196 4896 3296 4296 Latino NAP 11,893 15,300 13,168 14,900 14,170 14,636 4496 7496 48% 5896 8296 6596 White CVAP 2,915 2,345 20,335 5,373 1,807 4,622 1196 1196 3896 2196 10% 2196 Afriun American CVAP 263 444 394 748 93 616 196 296 196 396 196 396 Asian CVAP 11,494 2,525 2,776 4,267 995 2,317 43% 1196 10% 1796 696 10% 75A-9 City of Santa Ana Plan B O u I_ A PIAN B A B C D E F Population 53,864 54,497 54,367 53,794 54,269 53,792 Deviation (234) 399 269 (304) 171 (306) 096 196 096 -196 096 -196 18t Citizens (CVAP) 27,760 26,316 26,160 22,589 22,235 15,360 5296 48% 4896 42% 4196 2996 Latino CVAP 11,212 15,234 17,814 15,467 11,933 12,407 4096 58% 6896 6m 5496 B196 White CVAP 3,216 5,529 5,061 41200 7 637 1748 1296 2196 1926 1996 3496 1196 African American CVAP 269 751 508 393 445 182 I% 396 296 296 2% 196 Asian CVAP 12,482 14596 4,486 2,407 2,163 1,938 S98 17% 1996 10% 75A-10 City of Santa Ana Plan C I PIAN C A B C D E F Population 53,852 53.158 55,083 54,848 53,494 54,148 Deviation (246) (940) 985 750 (604) 50 0% -296 296 196 -196 096 18r Citizens (CVAP) 29,015 23,568 20,253 22,779 27,823 16,981 5496 4496 3796 4296 5296 3196 Latino CVAP 11,277 15,473 14,647 16,220 13,426 13,029 3996 6696 7296 7196 4896 77% White CVAP 4,012 4,101 2,507 4,161 20,533 2,077 1496 17% 1296 1896 3896 1296 African American CVAP 283 712 487 330 423 313 196 396 296 196 2% 296 Asian CVAP 32,846 3,057 2,450 1 1,706 2,905 1,410 4496 11396 12% 1 7% 1 3036 8% 75A-11 City of Santa Ana Plan D I PIAN D A 8 C D E F Population 53,515 52,395 52,744 56,104 54,425 55,402 Deviation (583) 1,703) (1,354) 2,006 327 1,304 -196 -3% -396 496 196 296 18+ Citizens (CVAP) ' 26,472 22,302 14,018 28,648 25,658 23,321 4996 4396 27% 5196 4796 4296 Latino NAP 10,813 14,772 10,901 15,789 16,595 15,187 4196 66% 7896 5596 65% 6596 White NAP 3,058 4,651 1,799 9,696 5,332 2861 1296 21% 1396 3496 21% 1296 African American CVAP 193 459 193 444 429 840 196 1296 196 296 2% 496 Asan CVAP 11,776 1 2,182 966 1 2,354 2,964 4,134 4496 11096 1 796 1 1% 11296 18% 75A-12 EXHIBIT 4: CITY OF SANTA ANA CHARTER PROVISIONS Sec. 101.1. -Wards of the city. Prior to the general election in 1988 the City Council shall divide the City into six (6) wards by ordinance according to the following formula: Each of the wards is to be as nearly equal in population as possible. The wards shall be composed of contiguous and compact territory and bounded by natural boundaries of street lines wherever possible. Any territory hereafter annexed to or consolidated with the City shall become a part of the ward to which it is most contiguous, pending any redistricting necessary to promote equality of population among the wards. (Prop. of 4-9-57, approved on 4-16-57; Prop. of 2-4-63, approved on 4-2-63; Res. No. 63-027; Ord. No. NS -1316, 8-24-76, approved at election 11-2-76; Ord. No. NS -1521, 3-17-80, approved at election 6-3-80; Ord. No. NS -1864, 8-19-86, approved at election 11-4-86) Sec. 101.2. - Wards, boundary changes. Ward boundaries shall not be altered except as reasonably necessary to promote greater equality of population among the wards when such necessity is shown by the most recent federal decennial census, or by more current census data certified by the City Council as sufficiently reliable and detailed to serve as a basis for ward boundary alteration, or by annexation or consolidation of territory. Such boundary alteration shall be made only by ordinance adopted by affirmative vote of at least two-thirds ( 213 ) of the full membership of the City Council in accordance with section 101.4. Any such ordinance adopted within one hundred twenty (120) days immediately preceding any election of council members shall not become effective until the day following such election. (Prop. of 4-9-57, approved on 4-16-57; Prop. of 2-4-63, approved on 4-2-63; Res. No. 63- 027; Ord. No. NS -1316, 8-24-76, approved at election 11-2-76) Sec. 101.4. - Same—Notice and public hearing. Before making any change, modification or realignment of ward boundaries or numbers of wards, the City Council shall pass a resolution declaring its intention to make such changes. Such resolution shall set forth a convenient day, hour and place when and where any persons having any interest therein, or any objection to the making thereof, may appear before the City Council and be heard thereon. The City Council shall direct the Clerk of the Council to give notice by publishing said resolution once a week for two (2) weeks in the official newspaper prior to the date set for hearing. Said hearing in the event of increasing the number of wards shall be held not less than sixty (60) days prior to the succeeding general municipal election. In any event, not less than thirty (30) days prior to the general municipal election, publication shall be made by map diagram in the official newspaper showing the new boundary lines of each and every ward. 75A-13 75A-14 EXHIBIT 5: ELECTION CODE 10010 Requirements: Before Maps Drawn - Two Public Hearings required before drawing boundary districts to seek input regarding the process of the districts — explain the process and encourage participation. After Maps Drawn — Publish draft map and hold two public hearings within 45 days. Publish at least 7 days before consideration at a hearing. If revised, re -publish before adopting. DIVISION 10. LOCAL, SPECIAL, VACANCY, AND CONSOLIDATED ELECTIONS [10000 - 107351 ( Division 10 enacted by Stats. 1994, Ch. 920, Sec. 2. ) PART 1. GENERAL PROVISIONS 1`10000 - 100101 ( Part 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) CHAPTER 2. District Boundaries 1`10010- 10010.1 ( Chapter 2 added by Stats. 2014, Ch. 873, Sec. 1. ) 10010. (a) A political subdivision that changes from an at -large method of election to a district -based election, or that establishes district -based elections, shall do all of the following before a public hearing at which the governing body of the political subdivision votes to approve or defeat an ordinance establishing district -based elections: (1) Before drawing a draft map or maps of the proposed boundaries of the districts, the political subdivision shall hold at least two public hearings over a period of no more than 30 days, at which the public is invited to provide input regarding the composition of the districts. Before these hearings, the political subdivision may conduct outreach to the public, including to non -English- speaking communities, to explain the districting process and to encourage public participation. (2) After all draft maps are drawn, the political subdivision shall publish and make available for release at least one draft map and, if members of the governing body of the political subdivision will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections. The political subdivision shall also hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. The first version of a draft map shall be published at least seven days before consideration at a hearing. If a draft map is revised at or following a hearing, it shall be published and made available to the public for at least seven days before being adopted. (b) In determining the final sequence of the district elections conducted in a political subdivision in which members of the governing body will be elected at different times to provide for staggered terms of office, the governing body shall give special 75A-15 consideration to the purposes of the California Voting Rights Act of 2001, and it shall take into account the preferences expressed by members of the districts. (c) This section applies to, but is not limited to, a proposal that is required due to a court -imposed change from an at -large method of election to a district -based election. (d) For purposes of this section, the following terms have the following meanings: (1) "At -large method of election" has the same meaning as set forth in subdivision (a) of Section 14026. (2) "District -based election" has the same meaning as set forth in subdivision (b) of Section 14026. (3) "Political subdivision" has the same meaning as set forth in subdivision (c) of Section 14026. (e) (1) Before commencing an action to enforce Sections 14027 and 14028, a prospective plaintiff shall send by certified mail a written notice to the clerk of the political subdivision against which the action would be brought asserting that the political subdivision's method of conducting elections may violate the California Voting Rights Act of 2001. (2) A prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028 within 45 days of the political subdivision's receipt of the written notice described in paragraph (1). (3) (A) Before receiving a written notice described in paragraph (1), or within 45 days of receipt of a notice, a political subdivision may pass a resolution outlining its intention to transition from at -large to district -based elections, specific steps it will undertake to facilitate this transition, and an estimated time frame for doing so. (B) If a political subdivision passes a resolution pursuant to subparagraph (A), a prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028 within 90 days of the resolution's passage. (f) (1) If a political subdivision adopts an ordinance establishing district -based elections pursuant to subdivision (a), a prospective plaintiff who sent a written notice pursuant to paragraph (1) of subdivision (e) before the political subdivision passed its resolution of intention may, within 30 days of the ordinance's adoption, demand reimbursement for the cost of the work product generated to support the notice. A prospective plaintiff shall make the demand in writing and shall substantiate the demand with financial documentation, such as a detailed invoice for demography services. A political subdivision may request additional documentation if the provided documentation is insufficient to corroborate the claimed costs. A political subdivision shall reimburse a prospective plaintiff for reasonable costs claimed, or in an amount to which the parties mutually agree, within 45 days of receiving the written demand, except as provided in paragraph (2). In all cases, the amount of the reimbursement shall not exceed the cap described in paragraph (3). (2) If more than one prospective plaintiff is entitled to reimbursement, the political subdivision shall reimburse the prospective plaintiffs in the order in which they sent a written notice pursuant to paragraph (1) of subdivision (e), and the 45 -day time period described in paragraph (1) shall apply only to reimbursement of the first prospective plaintiff who sent a written notice. The cumulative amount of reimbursements to all prospective plaintiffs shall not exceed the cap described in paragraph (3). (3) The amount of reimbursement required by this section is capped at $30,000, as adjusted annually to the Consumer Price Index for All Urban Consumers, United States city average, as published by the United States Department of Labor. (Amended by Stats. 2017, Ch. 561, Sec. 51. (AB 1516) Effective January 1, 2018.) 75A-16 CITY OF SANATA ANA - PLAN A Population I US CENSUS Estimated Total Current Population I American Community Survey Population % ACS White Deviation A 54,539 0.8% 441 B 54,399 0.6% 301 C 53,751 -0.6% (347) D 53,680 -0.8% (418) E 54,038 -0.1% (60) F 54,176 0.1% 78 Estimated Total Current Population I American Community Survey Estimate Total US Citizens (All Ages) I American Community Survey ACS Population ACS White ACS Black ACS US -White ACS American Indian ACS Asian ACS Latino A 56,010 103% 20,097 36% 452 1% 181 0% 17,129 31% 34,503 62% B 57,618 106% 22,097 38% 626 1% 334 1% 3,719 6% 50,374 87% C 54,613 102% 30,882 57% 812 1% 433 1% 4,071 7% 37,442 69% D 54,733 102% 31,560 58% 842 2% 359 1% 6,286 11% 41,021 75% E 53,783 100% 30,993 584Y. 150 0% 189 0% 1,404 3% 49,738 92% F 56,177 104% 30,075 54% 974 2% 249 0% 3,439 6% 46,034 82% Estimate Total US Citizens (All Ages) I American Community Survey 'Percentage based on total ACS Population Estimate Citizen Voting Age Population (Age 18+ US Citizens) I American Community Survey ACS US Citizen ACS US -Latino AGS US -Not Latino I ACS US -White ACS US_Blk ACS US -Asian A 40,447 72% 21,795 54% 18,661 46% 3,248 8% 318 10 14,382 36% B 36,412 63% 30,209 83% 6,203 17% 2,605 7% 459 1% 2,909 8% C 41,535 76% 25,148 61% 16,409 40% 11,447 2891 635 2% 3,527 89/ D 40,086 73% 27,393 68% 12,691 32% 6,000 15% 789 2% 5,496 14% E 33,167 62% 29,460 89% 3,710 11% 2,130 6% 103 0% 1,170 4% F 37,805 6791 28,741 76% 9,056 24% 5,078 13% 781 2% 2,755 7% 'Percentage based on total ACS Population Estimate Citizen Voting Age Population (Age 18+ US Citizens) I American Community Survey •Percentage based on total ACS Population 137av 75A-17 ACS US -18+ ACS US -H18+ ACS US- H18+ ACS US -White 18+ ACS US_Blk18+ ACS US_Asian18+ A 27,026 671 11,883 44% 15,141 56% 2,915 11% 263 1% 11,494 43% B 20,813 38% 15,300 74% 5,506 26% 2,345 11% 444 2% 2,525 12% C 27,174 51% 13,168 48% 14,030 52% 10,335 38% 396 1% 2,776 10% D 25,585 48% 14,905 58% 10,682 42% 5,378 21% 754 3% 4,272 17% E 17,295 32% 14,155 82% 3,116 18% 1,808 10% 93 1% 995 6% F 22,526 1 429/ 14,641 65% 7,872 35% 4,616 20% 609 3% 2,332 10% •Percentage based on total ACS Population 137av 75A-17 CITY OF SANATA ANA - PLAN B Population ( US CENSUS Estimated Total Current Population I American Community Survev Population % ACS White Deviation A 53,864 -0.4% (234) B 54,497 0.7% 399 C 54,367 0.5% 269 D 53,794 -0.6% (304) E 54,269 0.3% 171 F 53,792 -0.6% (306) Estimated Total Current Population I American Community Survev Estimate Total US Citizens (All Ages) I American Community Survey ACS Population ACS White ACS Black ACS US -White ACS American Indian ACS Asian ACS Latino A 55,749 103% 18,499 33% 427 1% 188 0% 18,065 32% 32,840 59% B 54,248 100% 31,405 58% 882 2% 306 1% 6,856 13% 39,797 73% C 57,385 106% 26,952 47% 718 1% 321 1% 3,519 6% 46,679 81% D 56,093 104% 23,468 42% 618 1% 242 0% 3,440 6% 46,894 84% E 55,391 102% 33,720 61% 850 2% 453 1% 2,793 5% 42,552 77% F 54,068 101% 31,660 59% 361 1% 235 0% 1,375 3% 50,350 93% Estimate Total US Citizens (All Ages) I American Community Survey 'Percentage based on total ACS Population Estimate Citizen Votive Al Population (Age 18+ US Citizens) I American Community Survev ACS US Citizen ACS US -Latino ACS US No Latino I ACS US -White ACS US_Blk ACS US_Asian A 40,921 73% 20,822 51% 20,117 49% 3,569 9% 319 1% 15,392 38% B 40,284 741Y. 27,002 6794 13,285 33% 6,118 15% 799 2% 5,874 15% C 40,754 71% 31,142 76% 9,614 24% 5,592 14% 657 2% 2,882 7% D 37,716 67% 29,346 78% 8,350 22% 4,762 13% 408 1% 2,735 7% E 37,953 69% 25,934 68% 12,048 32% 8,560 23% 707 2% 2,297 6% F 31,799 59% 28,505 90% 3,311 30% 1,907 6% 198 1% 1,054 3% 'Percentage based on total ACS Population Estimate Citizen Votive Al Population (Age 18+ US Citizens) I American Community Survev *Percentage based on total ACS Population 75A-18 ACS US -18+ ACS US -H18+ ACS US- H18+ I ACS US -White 38+ ACS US_BIk18+ ACS US_Ashm18+ A 27,755 689/ 11,202 40% 16,555 609' 3,216 12% 269 1% 12,482 45% B 26,321 48% 15,239 58% 11,091 42% 5,534 21% 751 3% 4,486 17% C 26,164 48% 17,809 68% 8,336 32% 5,061 19% 5052% 2,417 9% D 22,589 42% 15,472 68% 7,069 31% 4,200 19% 393 2% 2,163 30% E 22,235 41% 11,933 549' 10,335 46% 7,637 34% 447 2% 1,943 9% F 15,365 29% 12,402 81% 2,971 19% 1,754 119 188 1% 898 6% *Percentage based on total ACS Population 75A-18 CITY OF SANATA ANA - PLAN C Population I US CENSUS Estimated Total Current Population I American Community Survey Population % ACS White Deviation A 53,852 -0.5% (246) B 53,158 -1.7% (940) C 55,083 1.8% 985 D 54,848 1.4% 750 E 53,494 -1.1% (604) F 54,148 0.1% 50 Estimated Total Current Population I American Community Survey Estimate Total US Citizens (AllAges) I American CommunitySurvey ACS Population ACS White ACS Black ACS US -White ACSAmerlcan Indian ACS Asian ACS Latino A 561563 105% 20,403 36% 323 1% 281 0% 18,661 33% 32,155 57% B 53,517 101% 29,649 55% 839 2% 251 0% 4,919 9% 42,751 80% C 57,352 104% 22,718 40% 783 1% 246 0% 3,629 6% 49,897 87% D 56,474 103% 30,263 54% 444 1% 255 0% 2,399 4% 48,248 85% E 54,655 102% 31,972 58% 847 2% 441 1% 4,219 8% 37,043 6891 F 54,373 100% 30,699 5691 620 1% 271 0% 2,221 4% 49,018 90% Estimate Total US Citizens (AllAges) I American CommunitySurvey Ve¢entage based on total A6 Populaton Estimate Citizen Voting Age Population (Age 18+ US Citizens) I American Community Survey ACS US Citizen ACS US_Latino ACS US -Not Latino I ACS US -White ACS US_Blk ACS US -Asian A 42,404 75% 20,834 49% 21,5621 51% 1 4,401 10% 319 1% 15,990 38% B 37,756 71% 27,968 7491 9,790 26% 4,625 12% 752 2% 4,096 11% C 36,272 63% 29,927 83% 6,361 18% 2,837 8% 522 1% 2,751 8% D 37,764 67% 30,261 80% 7,512 20% 4,706 12% 376 1% 1,997 5% E 41,834 77% 25,034 60% 16,817 409/ 11,662 28% 665 2% 3,651 9% F 33,407 61% 28,727 86% 4,683 14% 2,272 7% 460 1% 1,744 5% Ve¢entage based on total A6 Populaton Estimate Citizen Voting Age Population (Age 18+ US Citizens) I American Community Survey *Percentage based on total Ars Popuiatlon 75A-19 ACS US -18+ ACS US -H28+ ACS US_NH18+ I ACS US -White 18+ 1 ACS US_Blk18+ ACS US_ASIan18+ A 29,010 68% 11,267 39% 17,730 61% 4,017 149' 283 1% 12,851 44% B 23,573 44% 15,478 66% 8,097 34% 4,096 17% 718 3% 3,052 13% C 20,253 37% 14,647 72% 5,617 28% 2,507 12% 487 2% 2,450 12% D 22,784 42% 16,210 71% 6,560 29% 4,161 189' 331 1% 1,711 8% E 27,818 52% 13,426 48% 14,408 52% 10,533 389' 425 2% 2,900 10% F 16,986 31% 13,034 77% 3,950 23% 2,078 12% 320 2% 1,415 8% *Percentage based on total Ars Popuiatlon 75A-19 CITY OF SANATA ANA - PLAN D Population I US CENSUS Estimated Total Current Population I American Community Survey Population % ACS White Deviation A 53,515 -1.1% (583) B 52,395 -3.1% (1,703) C 52,744 -2.5% (1,354) D 56,104 3.7% 2,006 E 54,425 0.6% 327 F 55,402 2.4% 1,304 Estimated Total Current Population I American Community Survey Estimate Total US Citizens (All Ages) I American Community Survey ACS Population ACS White ACS Black ACS US -White ACS American Indian ACS Asian ACS Latino A 54,867 103% 17,864 33% 252 0% 193 0% 17,04631% 14,507 33,139 83% B 55,469 105% 30,712 55% 725 1% 294 1% 3,015 5% 46,026 122% C 50,827 96% 30,230 59% 310 1% 157 0% 1,444 3% 46,683 156% D 58,013 103% 27,588 48% 851 19, 469 1% 3,775 7% 42,084 97% E 56,119 103% 29,603 53% 568 1% 330 1% 4,593 8% 44,323 111% F 57,640 104% 29,707 52% 1,150 2% 302 1% 6,175 11% 46,858 120% Estimate Total US Citizens (All Ages) I American Community Survey *Percentage based on total ACS Population Estimate Citizen Voting Age Population (Age 18+ US Citizens) I American Community Survey ACS US Citizen ACS US -Latino ACS US -No t Latino ACS US -White ACS US_Blk ACS US -Asian A 39,739 72% 20,709 52% 19,030 48% 3,421 9% 2231% 1% 14,507 37% B 37,611 68% 29,111 77% 8,526 23% 5,085 14% 580 2% 2,500 70 C 29,919 59% 26,208 88% 3,695 12% 2,082 7% 253 1% 1,099 0. D 43,327 75% 28,333 65% 14,997 35% 10,767 259/ 644 1% 3,0201 7% E 39,906 71% 29,196 73% 10,716 27% 5,997 15% 468 1% 3,854 30% F 38,946 68% 29,179 75% 9,776 25% 3,151 8% 921 2% 5,254 13% *Percentage based on total ACS Population Estimate Citizen Voting Age Population (Age 18+ US Citizens) I American Community Survey •Percentage based an total A6 Population 75A-20 ACS US -18+ ACS US -H18+ ACS US_NH38+ I ACS US -White 18+ ACS US_BIk18+ ALS US_Asian1$+ A 26,467 67% 10,803 41% 15,657 59% 3,058 12% 193 1% 11,776 44% B 22,302 43% 14,777 66% 7,547 34% 4,651 21% 459 2% 2,182 109' C 14,023 27% 10,901 78% 3,114 22% 1,799 139' 193 1% 964 7% D 28,648 51% 15,789 55% 12,855 45% 9,696 34% 444 2% 2,354 8% E 25,663 47% 16,595 65% 9,047 35% 5,337 21% 423 2% 2,964 12% F 23,321 42% 15,192 65% 8,137 35% 2,861 12% 846 4% 4,139 18% •Percentage based an total A6 Population 75A-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: PUBLIC HEARING — SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2018-15 (SCH NO. 2006031041), GENERAL PLAN AMENDMENT NO. 2018-03, AMENDMENT APPLICATION NO. 2018-06, AND ZONING ORDINANCE AMENDMENT NO. 2018-03 TO EXPAND AND AMEND THE METRO EAST MIXED USE OVERLAY ZONE - CITY OF SANTA ANA, APPLICANT (STRATEGIC PLAN NOS. 3,2; 5,3; 5,4) r ClANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •[• _OE ❑ As Recommended ❑ As Amended ❑ Ordinance on V Reading ❑ Ordinance on 2°d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER It is recommended that the City Council take one of the following actions: Approve the Metro East Mixed Use (MEMU) Overlay Zone amendments and expansion project as originally proposed by: a. Adopting a resolution 1. Certifying the Final Subsequent Environmental Impact Report (SCH No. 2006031041) for the Metro East Mixed Use (MEMU) Overlay Zone, make findings pursuant to the California Environmental Quality Act, adopt the Mitigation monitoring and Reporting Program, and adopt a Statement of Overriding Considerations. 2. Approving General Plan Amendment No. 2018-03 to apply the Urban Neighborhood and District Center General Plan land use designations to properties within the expanded MEMU Overlay Zone area. b. Adopting an ordinance approving: 1. Amendment Application No. 2018-06 to apply the OZ -1 zoning designation to properties within the expanded MEMU Overlay Zone area and to modify existing sub- district designations within the existing MEMU Overlay Zone area. 2. Zoning Ordinance Amendment No. 2018-03 to amend development standards in the MEMU regulating plan. Continue the item and direct staff to work with the Economic Development, Infrastructure, Budget and Technology Committee (EDIBT) and develop recommendations for refining the proposed MEMU project before returning to City Council for consideration within 30 days. (Committee recommendation) 7513-1 GPA No. 2018-03, AA No. 2018-06, and ZOA No. 2018-03 Expand and Amend the MEMU Overlay Zone September 18, 2018 Page 2 ECONOMIC DEVELOPMENT, INFRASTUCTURE. BUDGET & TECHNOLOGY COMMITTEE ACTION At its regular meeting on September 4, 2018, the City Council continued the MEMU expansion and amendments project for two weeks. Based on the City Council's overarching concerns discussed at the meeting, the MEMU project was presented to the EDIBT during the continuance period at a previously scheduled meeting on September 10, 2018. Members in attendance included Committee Member Benavides and Committee Member Sarmiento. Committee Member Martinez was not able to attend the meeting but did submit a letter outlining her perspective regarding the proposed MEMU project. The letter from Committee Member Martinez dated September 10, 2018, is attached as Exhibit E. Following a presentation to EDIBT on September 10, 2018, staff received high-level feedback on strategies for consideration to work with the EDIBT to strategically refine the MEMU expansion and amendments proposal. The strategic refinements include land use policies and objectives, and development standards aimed at realizing a vision to create a true destination -oriented mixed-use environment with balanced intensity, density, and mix of land uses that will activate the area and be a catalyst for future developments. As part of this effort, staff will refine standards for mixed-use developments to offer clarity to the development community and will address the non-residential (e.g., commercial, office, etc.) requirements in the MEMU Overlay Zone for pipeline and future projects. These near-term strategic refinements would be presented for consideration by the full City Council within the next 30 days. The EDIBT also desire to complete a comprehensive economic and fiscal analysis to comprehensively evaluate allowing additional mixed-use development and understand long-term economic and fiscal impacts and to re-evaluate the existing caps on net (new) development in the MEMU Overlay Zone, including residential, commercial, and office land uses. As part of this long-term effort, staff will continue to meet with EDIBT to refine the highest and best land uses in the MEMU Overlay Zone. These long-term efforts may be potentially integrated into the overall General Plan update effort, tentatively scheduled for completion in early 2020, and would be presented for consideration by the full City Council. By vote of 2-0 (Martinez absent), the Council Committee recommended that the City Council continue the item and direct staff to work with the EDIBT and develop recommendations for refining the proposed MEMU project and return to the City Council for consideration within 30 days. For the City Council's information and ease of review, the information provided in the reports presented on August 21 and September 4, 2018, are included in the body of this supplemental report in the following sections: 75B-2 GPA No. 2018-03, AA No. 2018-06, and ZOA No. 2018-03 Expand and Amend the MEMU Overlay Zone September 18, 2018 Page 3 DISCUSSION The MEMU Overlay Zone expansion and amendment project will extend the MEMU overlay zone west along First Street to Grand Avenue and will reclassify and amend certain land use districts and development standards. Additional details are provided in the attached Planning Commission staff report. The Subsequent Environmental Impact Report (SEIR), prepared as both a program and project -level document, also evaluates the environmental impacts of Elan, a mixed-use development project that will be considered by the Planning Commission at a future date. PLANNING COMMISSION ACTION At its regular meeting on July 23, 2018, the Planning Commission by a vote of 4:0 (Alderete, Contreras -Leo, and Verino absent) recommended that the City Council adopt General Plan Amendment No. 2018-03; adopt Amendment Application No. 2018-06; and adopt Zoning Ordinance Amendment No. 2018-03 for the MEMU expansion and amendments project. The Planning Commission reviewed the Draft Subsequent Environmental Impact Report (SEIR) and considered the document and its findings in making the recommendation on these entitlements. The Planning Commission made no changes to the recommended actions outlined in the attached staff report (Exhibit A). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies); and Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and' improve the livability of Santa Ana neighborhoods), Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT There is no fiscal impact associated with this action. Q Minh Thai Executive Director Planning and Building Agency AP:rb S:RFCA\09-18-18\PBA Metro East Mixed Use Overlay Zone 9-18-18 Exhibits: A. Planning Commission Staff Report B. Final Subsequent Environmental Impact Report (SEIR) C. Resolution D. Ordinance E. Letter from Committee Member Martinez 75B-3 75B-4 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 23, 2018 TITLE: PUBLIC HEARING — SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2018-15 (SCR NO. 2006031041), GENERAL PLAN AMENDMENT NO. 2018-031 AMENDMENT APPLICATION NO.' 2018-06, AND ZONING ORDINANCE AMENDMENT NO. 2018-03 TO EXPAND AND AMEND THE METRO EAST MIXED USE OVERLAY ZONE,. AND SITE PLAN REVIEW NO. 2018-02 FOR THE ELAN MIXED-USE PROJECT - CITY OF SANTA ANA AND WERMERS PROPERTIES, APPLICANTS (STRATEGIC PLAN NOS. 3,2; 5, 3; 5,4) Prepared by Ali Pezeshkpour PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Executive Director Planning Manag r RECOMMENDED ACTION Metro East Mixed Use Overlay Zone Expansion and Amendments Project Recommend that the City Council: 1. Certify the Subsequent Environmental Impact Report (SCH No. 2006031041) for the Metro East Mixed Use Overlay Zone and Elan projects, make findings pursuant to the California Environmental Quality Act, adopt the Mitigation Monitoring and Reporting Program, and adopt a Statement of Overriding Considerations; 2. Adopt General Plan Amendment No. 2018-03; 3. Adopt Amendment Application No. 2018-06; and 4. Adopt Zoning Ordinance Amendment No. 2018-03. Elan Mixed -Use Project Direct staff to prepare, and bring back for consideration at a future meeting, a Resolution of the Planning Commission adopting Site Plan Review No. 2018-02 for the Elan mixed-use development project at 1660 East First Street, contingent upon the City Council taking final action on the Subsequent Environmental Impact Report, General Plan Amendment, Amendment Application, and Zoning Ordinance Amendment referenced above. EXHIBIT A 75B-5 GPA No. 2018-3, AA No.2018-6, ZOA No. 2018-3, and SPR No. 2018-02 Metro East -Mixed Use (MEMU) Overlay Zone and Elan projects July 23, 2018 Page 2 Executive Summa The City of Santa Ana is requesting approval of several actions in order to expand and amend the Metro East Mixed Use (MEMU) Overlay Zone (OZ -1), a document originally, adopted by the City in 2007. Specifically, the City is requesting approval of a general plan amendment to modify the general plan land use designation of parcels within the corridor, an amendment application (zone change) to add the OZ -1 designation to affected properties and reclassify others in the existing MEMU area, and a zoning ordinance amendment to update various sections of the existing MEMU document to amend development standards: In addition to the MEMU actions, Wermers Properties is requesting approval of a site plan review application to allow the Elan mixed-use development project at 1660 East First Street. Staff is recommending approval of the projects to create additional market-driven development opportunities in the existing MEMU area and in the expansion area. A Draft Subsequent Environmental Impact Report (SEIR) has been prepared to review the environmental impacts resulting from implementation of MEMU expansion and the Elan Mixed Use Project. Project Background The MEMU Overlay Zone was adopted in 2007 to facilitate mixed -used development opportunities in a portion of the City between the Santa Ana (1-5) and Costa Mesa (SR -55) freeways centered on First and Fourth streets. A number of successful projects were developed or entitled as a result of the 2007 MEMU Overlay Zone adoption, including Lyon Communities' 264 -unit mixed-use community as well as the Madison (200 N. Cabrillo Park Drive), AMG Villa Court (2222 E. First Street) and AMG First Point (2110 and 2114 E. First Street). Encouraged by this success in 2016, the City Council directed staff to analyze opportunities to create additional areas for mixed use development by expanding the MEMU area to the east. In 2017, Wermers Properties proposed the Elan mixed-use community within the MEMU expansion area. Technical studies prepared for the Elan project indicate that demolition of the now -vacant Elks Lodge building on the project site would result in loss of an eligible (unlisted) historic resource, therefore requiring additional environmental analysis. An SEIR was identified as the appropriate environmental document for Elan because the original EIR did not address new information about the Elks Club building that is of substantial importance,which was not known at the time the previous EIR was certified as complete. Because the City was in 'the. process of reviewing Elan and expanding and amending the MEMU concurrently, the SEIR was drafted to address both Elan and the MEMU efforts in a single document that holistically analyzes both items. 75B-6 GPA No. 2018-3, AA No.2018-6, 'ZOA 'No.'2018-3, and SPR No. 2018-02 Metro East Mixed Use (MEMO) Overlay Zone_ and Elan projects July 23, 2018 Page'3 Project Description and Analysis:'MEMU and Elan The MEMU Overlay'Zone expansion and amendment project will extend the MEMO overlay zone west along First Street to Grand Avenue and will reclassify certain land use districts and amend certain development standards. The project also includes Elan, a mixed-use development project consisting of 603 residential and live/work units and 8,530 square feet of commercial area. MEMU Expansion and Amendments The MEMU Overlay Zone expansion and amendment project will apply the MEMU (OZ -1) designation to 52 parcels and increase its size by approximately 33 acres. The expansion area currently includes a mixture of commercial and multiple -family land uses, as well as a handful of vacant parcels and one affordable housing community that is under construction. Extending the MEMU Overlay Zone to these parcels will maintain their existing zoning designations but will 'apply the OZ -1 designation. The OZ -1 designation will allow property owners to maintain current developments without rendering existing sites legal -nonconforming, but will also add a layer of additional development opportunities should the property owners elect to develop a mixed-use project permitted by the MEMU Overlay Zone. The MEMU Overlay Zone expansion and amendment project requires approval of: General Plan Amendment. Components of the General Plan must be amended to ensure consistency with the MEMU expansion and amendments project and the Elan project. Amendments include updates to the Land Use and Urban Design elements' maps, figures, and buildout assumptions to reflect the MEMU expansion and account, for the new Urban Neighborhood and District Center land use designations. The amendments will also be consistent with the 2014 Housing Element. • Amendment Application. Changing the existing MEMU map and boundaries requires an amendment application (zone change). The proposed MEMU Overlay Zone expansion area was refined based on community feedback, staff review, and environmental analyses. The boundaries exclude established single-family neighborhoods and properties with historic designations primarily found near Fourth Street. Zoning Ordinance Amendment. Changes to the MEMU text require a zoning ordinance amendment to change the development standards and permitted land uses in the MEMU Overlay Zone. The MEMU Overlay Zone expansion maintain the current caps of 5,551 potential new residential units and a potential net increase of approximately 963,000 square feet of commercial space.and 69000 square feet of office space that were analyzed and approved in the original EIR and MEMU Overlay District adopted in 2007. The expansion will allow these development potentials to be spread over a larger area within the existing and proposed MEMU Overlay Zone. boundaries. 75B-7 GPA No. 2018-3, AA No.2018-6, ZOA No. 2018-3, and SPR No. 2018=02 Metro East Mixed Use (MEMU) Overlay Zone and Elan projects July 23, 2018 Page 4 In addition to expanding the MEMU Overlay Zone, the City proposes to amend the existing MEMU land use districts and development standards. These changes are described and analyzed in Table 1: Summary of MEMU Overlay Zone Amendments, below. Table 1: S mary of MEMU Overlay Zone Amendments Amendment Issues and "pact Map. Re -designate northern Issue: Village Center and Neighborhood Transitional land use segments of the existing MEMU district boundaries bisect existing development sites in the northern Overlay Zone area as Village segment of the existing MEMU Overlay Zone area.. Center. Amendment Impact: Creates a uniform land use district in the northern segment of the existing MEMU Overlay Zone area without impacting sensitive land uses. Land Use. Allow multiple -family Issue: Multiple -family residential uses are prohibited within the residential uses as part of a mix Village Center land use district. use development. Amendment Impact: Creates additional opportunities for multiple - family development as part of a mixed-use project in a large portion of the existing'MEMU Overlay Zone area. Land Use. Allow religious Issue: Churches and other religious assemblies are not currently assembly in all land use districts identified as an allowable use in any MEMU land use district. subject to approval of a conditional use permit (CUP) Amendment Impact: Ensures that the City complies with current case law requiring religious assembly where other forms of community assembly are otherwise allowed Land Use. Amend the uses Issue: Non-residential uses allowed as part of a mixed-use permitted in each MEMU land development are restricted to a handful of business types in the use district to more closely match Neighborhood Transitional district. uses permitted in other form - based code areas in the City Amendment Impact: Creates greater opportunities for commercial uses to locate within mixed-use projects in the MEMU area and creates consistency between the MEMU, Harbor Plan, and Transit Zoning Code. New uses include eating establishments (cafes, restaurants), bakeries, retail and service uses, and allows products to be sold as an ancillary component of a professional business. 75B-8 GPA No. 2018-3, AA No.2018-6,, ZOA No. 2018-3, and SPR No. 2018-62.Metro East Mixed Use (MEMU) Overlay Zone and Elan projects July 23, 2018 Page 5 Table 1:,S Mary of MEMU'Overla Zone Amendments _ Amendment Issues and Impact Development Standard. Issue: Currently the MEMU requires 100 square feet of Reduce private/public open private/common open space required per unit in the Neighborhood space requirement to 90 square Transitional, Village Center, and Active Urban land use districts. �in feet per unit. other City form -based codes the standard is 90 square feet per unit. Amendment Impact: Amends the MEMU open space standards to be consistent with other Santa Ana form -based code areas, including the Harbor Plan and Transit Zoning Code. Development Standard. Amend Issue: Building setbacks are prescribed depending on land use setback standards to be district and by yards (front, side, rear, etc.); Rear -yard setbacks for consistent with those contained in buildings over three and ten stories are 100 feet and 150 feet; the Harbor Plan, which prescribe respectively, resulting in disproportionately -large rear yard areas setbacks based on relation to the becoming undevelopable. street and surrounding land uses. Amendment Impact: Amends the MEMU setback standards to be consistent with the Harbor Plan. For developments adjacent to residential land uses, the property line setback proposed is 15 feet (up to the 2`d floor), 20 feet (up to the 6" floor), and 30 feet (71' floor and above). This amendment will reduce the number of variance and/or density bonus incentives/concessions and waiver requests. Development Standard. Amend Issue: Neighborhood Transitional and Office land use districts allow allowable height in the buildings up to 3 and 6 stories, respectively, which do not match Neighborhood Transitional and current market demands and increases in real estate values and Office land use districts to allow costs. buildings up to 4 and 10 stories, respectively. Amendment Impact: Amends building height standards to be consistent with other Santa Ana form -based code areas, including the Harbor Plan and Transit Zoning Code while respecting sensitive land uses that may be nearby. This amendment will reduce the number of variance and/or density bonus incentives/concessions and waiver requests. Elan Mixed -Use Development The SAMC and MEMU Overlay Zone require that the Planning Commission review a site plan review application for any project proposed within an overlay zone that is built to the overlay zone's standards. The Elan project site is currently located in the General Commercial (C-2) and Multiple -Family Residence (R-3) zoning districts. However, because the City is,proposing to apply the OZ -1 designation to the project site, Planning Commission approval of a site plan review application is required in order for the project to materialize. Staff will draft the Elan 75B-9 GPA No. 2018-3, AA No.2018=6, ZOA No. 2018-3, and SPR No. 2018-02 Metro East Mixed Use (MEMU) Overlay Zone and Elan projects July 23, 2018 Page 6 project's Site Plan Review (SPR) No. 2018-02 resolution if directed to do so by the Planning Commission. The City Council is not required to act on or review the Elan project's SPR application. The Elan project requires approval of a separate site plan review application by the Planning Commission. The project is described in Table 2: Elan Project Conformance .to Development Standards, below. Table 2: Elan Project Conformance to Development Standards Standard or Item Conformance and Analysis MEMU Land Use District and Complies. The Elan project contains a multiple -family component, a, Allowable Use. The Active commercial component, and seven live/work units. Urban (AU) land use district allows multiple -family residential as partof a mixed-use project. Number of Residential Units. Complies. Building 1 will contain 310 residential units, including seven No density prescribed. live/work units. The unit mix consists of approximately 57 -percent (177) studio and one -bedroom units and 43 -percent (133) two- and three-bedroom units. Building 2 will contain 293 residential units. The unit mix consists of approximately 42 -percent (123) studio and one - bedroom units and 58 -percent (170) two- and three-bedroom units. Overall, the project will contain 49.6 -percent one- and two-bedroom units, and 50.4 -percent two- and three-bedroom units, satisfying the Housing Element's goals and policies of designing projects for a variety of housing types, including large families. Commercial Component. All Complies. The entire project frontage on First Street has been projects in the MEMU Overlay designed for commercial space. Elan will contain 8,530 square feet of Zone must be mixed-use, but no leasable commercial area, which could be nearly doubled to 16,338 minimum commercial square square feet if a second floor or mezzanine were constructed within footage is prescribed. the large -volume commercial space. The project has been conditioned to be designed and conditioned to maintain the flexibility to expand the commercial floor. The development will also contain seven live/work units. Combined„ the live/work units will contain 4,333 square feet of commercial square feet consisting of ground -floor shopkeeper units and upper- level residential/work areas. Overall, the project has the capacity of approximately 19,700 square feet of commercial area. 75B-10 GPA No. 2018-3, AA No.2018-6, ZOA No. 2018-3, and SPR No. 2018-02 Metro East Mixed :Use (MEMO) Overlay Zone and Elan projects July 23, 2018 Page 7 Table 2: Elan Project Conformance to Development Standards _. Standard or Item Conformance and Analysis Stories. Developments in the Complies. The Elan project is comprised of twobuildings, the first with Active Urban land use district seven stories and the second with five. The taller building with the must contain a minimum of 3 commercial uses is placed closer to First Street to maximize its street stories with no maximum. presence, visibility for commercial tenants, and to reduce impacts on' lower -scale multiple -family structures toward the'south and west of the project site. Minimum Site Area. Complies. The project site contains 6.38 acres. The large site size Developments in the Active provides an opportunity for greater publicly -accessible and private Urban land use district must open space on site, parking, and the proposed improvements to Elk, contain at least 1 acre. Lane. Permitted Frontage. Complies. Shopfront and forecourt provided. The shopfront design Developments in the Active maintains the commercial character of First Street, and the forecourt Urban land use district must designs elsewhere on site break up the building's massing and contain either forecourt, volume where it is adjacent to lower -scale multiple -family land uses. shopfront, gallery, or arcade frontage types. The entire frontage of the proposed project along First Street, has been designed as a shopfront with commercial retail. In addition, the' northern half of Building 1's Lyon Street frontage is also dedicated to commercial use. Publicly -Accessible Open Complies. Publicly -accessible open space ranges from 18 percent Space. Developments in the (Building 2 site) to 23 percent (Building 1 site). The publicly - Active Urban land use district accessible open space is at the project's ground -level, allowing must contain at least 15 percent access from the surrounding community into the heart of the of the total lot area as publicly- development. accessible open space. Private/Common Open Space. Complies. The project provides over 100 square feet of private open Private/Common open space for space per residential unit. Moreover, the project would continue to projects located in the Active comply with this requirement if the MEMU open space standards are Urban land use district must be amended. at least 100 square feet per unit. Building Setbacks. Complies, with MEMU amendments. The front setback (First Street) Developments in the Active and side setback on Lyon Street comply. The Elk Lane side setback Urban land use district that exceeds the 10 -foot maximum allowed, but this standard is proposed contain between 4 and 9 stories to be amended to allow additional setbacks if publicly -accessible must contain setbacks of 0-20 open space is provided in its place. Moreover, the building's rear feet (front), 0-10 feet (side), 100 setback (31 feet) is proposed to be amended to more closely match feet•(rear). the standards contained in the Harbor Plan (minimum 5 feet). 75B-11 GPA No. 2018-3, AA No2018-6, ZOA No. 2018_ -3, and SPR No. 2018=02 Metro'East Mixed Use (MEMU) Overlay Zone and Elan projects July 23, 2018 Page 8 Table 2:iElanPro ect Conformance to Development Standards Standard or Item Conformance and Anal sis Parking: Mixed-use Complies. 1,209 parking spaces provided (2.00 spaces per unit). The developments with less than 10 project has been designed to provide at least one parking space per percent of gross floor area dedicated to commercial. uses residential unit, and with dedicated commercial parking inside Building 1's must contain 2.0 parking spaces parking structure. Finally, the street 'improvements surrounding the project site will maintain street parking for the per unit, with every unit allocated residents and surrounding community. at least one space. Driveway Width. Driveways'on Complies. The maximum width of any driveway leading into the development sites may be up to project site is 24 feet, enhancing the experience for pedestrians and 24 feet wide. cyclists in the area and reducing'the impacts of vehicular movements onto surrounding streets. Building, assing. Complies. The buildings feature multiple volumes and breaks' Developments must contain a designed to reduce massing. These features allow the project to variety of massing, volume, and avoid a monotonous appearance and reduce its visual impact on the step -backs to increase building surrounding community. articulation, Courtyard Height -to -Width Complies. Ratios provided range from 1:1 or 1:2: The,generous ratios Ratios. Courtyards must be designed with ratios of 2:1 maximize light and air in the ,courtyards, reducing the amount of shadow and creating a better experience for residents and guests (enclosed on four sides) or 3:1 using the open space areas on site. (open on one or more sides). Findings for Site Plan Review Complies. The Elan project is a mixed-use project that will materially Approval. MEMU Sec. 8.2, assist with activating a vacant parcel and vacant building. The project subsections a through d inclusive will introduce a mixed-use development that will activate its require findings to, show that the surroundings with new commercial experiences, amenities, and a full development plan furthers the reconstruction of Elk Lane, which will enhance the sense of entry to MEMU objectives, meets the Santa Ana Zoo. The project has been carefully designed to development standards, is complement the zoo to the east and to minimize impacts on existing compatible with adjacent multiple -family residences to the south and west through building development, and its land uses, articulation and step-downs in massing, through the screening of all site design, and operational plan parking and loading activities within the project site, and through are compatible and harmonious. construction of a limited number of driveways on Elk Lane and Lyon Street. Elan Site Planning, Architecture, Elk Lane Improvements, and Commercial Component The centerpiece Elan's onsite publicly -accessible open space is a large street -level courtyard between the two buildings on the project site. The courtyard will contain a large lawn, forest walk, pavilion, dog area, boardwalks, bike racks, and a drop-off area for the community and public. The 75B-12 GPA No. 2018-3, AA No.2018-6, ZOA No. 2018-3, and,SPR No. 2018-02 Metro East Mixed_ Use (MEMU) Overlay Zone and Elan projects July 23, 2018 Page 9 courtyard will be surrounded by an artist gallery, leasing office, and other community amenities. Additional open space on site will serve the residents and tenants within the community. Amenity rooms, decks and balconies, two pool areas and private courtyards, and view rooms will meet or exceed the•present and proposed (amended) MEMU standards. The project's landscape palette has been selected to match and complement the Santa Ana Zoo. that lies to the east of the project site across Elk Lane. The project frontage will also be improved with unique lighting and street furniture to match the Santa Ana Zoo. The applicant. has coordinated the landscape plan with the Public Works and Parks, Recreation and Community Services agencies. Elan will feature a contemporary architectural style with Mid-century modem elements. Building materials are designed to mimic or complement the natural environment, with generous use of horizontal elements and carefully -placed vertical emphases, angles, metal brows; and fiber cement siding resembling wood, wood railings, glass, concrete, and cement blocks. The project's defining architectural features are the 24-fo6t high ceilings for the commercial component and the full - height illuminated Window Wall along First Street. All utilities, loading, and move -ins will be contained within the building, and all parking (subterranean or •above -ground structure) will be concealed from view from both the public and from within the project. The contemporary style also incorporates influences commemorating the Elks Lodge and Saddleback Inn. As part of the project, the applicant has proposed a full reconstruction of Elk Lane between First Street and Chestnut Avenue. The improvements are voluntary and have been coordinated with the Planning and Building, Public Works, and Parks, Recreation and Community Services agencies. Improvements include undulating sidewalk patterns on the project site, sidewalk improvements on the zoo (east) side of Elk Lane, and new bulb -outs and crosswalks on both sides of Elk Lane. The applicant has committed to constructing the new street, sidewalks, curbs, parking, and gutters, and will landscape both sides of Elk Lane, with the City assuming the long-term responsibility of maintenance through a maintenance agreement. These improvements have been designed to take into account the new Zoo Master Plan, adopted in March 2018. In addition to the improvements to Elk Lane, the project will require reconstruction of sidewalks, curbs, and gutters along First and Lyon streets. Portions of all streets along the project's frontage (Elk Lane and First and Lyon streets) will also be repaved. The project will be conditioned to,require continued coordination among the Planning and Building, Public Works, and Parks, Recreation and Community Services agencies to identify opportunities for street art, signage, and other installations to complement the Santa Ana Zoo. The commercial component on First Street and the live/work units' ground -floor shopkeeper spaces have been designed to accommodate a wide range of -tenants and to be expanded if market conditions warrant. The First Street commercial space has been designed with full two- story volumes, enabling the square footage to be doubled within to over 96,060 square feet. This square footage can accommodate half a dozen smaller tenants, a large pharmacy, or neighborhood market and cafe. The design and success of the commercial spaces are intended to 75B-13 GPA No. 2018-3, AA No.2018-6, ZOA No. 2018-3, and SPR No. 2018-02 Metro East Mixed Use (MEMU) Overlay Zone and Elan projects July 23,'2018 Page 10 serve as a catalyst for reinvestment in or new commercial developments on First Street as market conditions improve and demand increases. Although the developer has not yet identified tenants, Elan's commercial spaces have been designed with large volumes and high ceilings for "experiential" businesses such as specialized retail, cafes, creative offices, and other street -activating commercial uses. All commercial areas within the project will be conditioned to be available for commercial use at all times and will prohibit future conversion to additional residential units. California Environmental Quality Act (CEQA) Analysis The original MEMU EIR certified in 2007 analyzed issues identified during the Notice of Preparation (NOP) public review period, including: aesthetics and design, traffic and parking, provision of open space, safety, housing affordability and overcrowding, burdening of the public services and infrastructure, and construction and operational air quality. Because these items analyzed in the original EIR, and because'the nature of the MEMU expansion and amendments is consistent with what was analyzed in the original EIR, an SEIR was prepared to address any subsequent impacts resulting from the Elan project and from expanding the MEMU to the East First Street area. The SEIR has been prepared pursuant to the requirements of CEQA and discloses the environmental impacts associated with implementing the proposed project and includes mitigation measures that can reduce potential impacts to the extent possible or to below a level of significance. The SEIR analyzes impacts related to air quality, cultural resources, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, transportation/traffic, and tribal cultural resources. Other impacts from components such as aesthetics, agriculture/forestry, biology, geology/soils, mineral resources, populations/housing, public services, and utilities/service systems were excluded ,following the NOP public review or were adequately addressed in the original MEMU EIR and are not expected to intensify with the MEMU expansion and amendments. Based on the draft SEIR's analysis, the MEMU Overlay Zone expansion's impacts would be consistent with those identified in the original 2007 EIR and would result in significant and unavoidable impacts to air quality, noise, and transportation/traffic. However, development of the Elan project would result in a substantial ,adverse change to an eligible but unlisted historical resource (the now -vacant Elks Lodge building), which was not addressed in the 2007 EIR. The demolition constitutes an adverse impact for CEQA purposes. As a result, preparation of the current draft SEIR was required, and the draft SEIR analyzes and proposes mitigation for ,the demolition of the Elks Lodge building and for the entire MEMU project. The draft SEIR's Notice of Availability (NOA) was published ,in the Orange County Register and posted to the County Clerk on June 12, 2018 for the required 45 -day public comment period. The draft is also available for public view at the, City Hall Planning counter and the Santa Ana Library. 75B-14 GPA No. 2018-3, AA No.2018-6, ZOA No. 2018-3, and SPR No. 2018-02 Metro East.Mixed Use (MEMU) Overlay Zone and Elan projects July 23, 2018 Page 11 in the Civic Center. The public comment period ends on July 27, which will allow the,Cify to respond to any comments received and incorporate comments .and responses into the 'Final SEIR before the City Council public hearing, tentatively scheduled on August 21. As of'.this printing, no comments or communications from the public have been received on .the draft.SEIR. All mitigation measures in the original EIR and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed Elan. project. The same measures identified in the original MEMU EIR MMRP are carried over within the draft SEIR. New mitigation measures proposed for the Elan project include documenting the building to Historic American Building Survey (HABS) Level 2 standards, preserving distinctive Elks Lodge building elements on the Elan project site, and developing an interpretative opportunity on the Elan site for public enjoyment. In addition to these measures, the applicant is proposing !to commemorate the Saddleback Inn, which occupied a portion of the site before its demolition. The full -height illuminated window wall along First Street will contain a view room to be -named after Walt Disney, who frequented the Saddleback Inn. In addition, a health risk assessment (HRA) was prepared to identify any impacts from developing a residential community near a major freeway. 'Using two methods of analysis, the HRA finds that a less than significant impact to project residents would occur due to the project's proximity to a major freeway. Economic Impacts MEMU Overlay Zone Expansion With the exception of the AMCAL community and Holiday Inn Express projects, the majority of the 52 parcels that are proposed to be rezoned with the OZ -1 designation have not undergone substantial improvements since first .being developed. The OZ -1 designation will provide opportunities for market-driven redevelopment, without a full rezoning or property takings. Moreover, amending the MEMU document is intended to respond to current market demands in the area. A large portion of the MEMU Overlay Zone is designated "Village Center; which allows office and commercial developments. However, the only form of housing allowed in this district is live/work construction. In order to facilitate development in the original MEMU area, the City's amendment to allow construction of multi -family housing in this land use district will directly address several development projects that are anticipated in the MEMU area that have not yet submitted development applications due to the live/work restriction. Other amendments, such as modifying development standards to more closely match standards found in other zoning districts, are.. intended to streamline the development process without the need for variance applications or density bonus incentives/concessions or waivers. This streamlining is intended to provide greater predictability to developers engaging in the development review process and is expected to result in additional medium- to large-scale developments in the area. 75B-15 GPA No..2018-3, AA No:2018-6, ZOA'No. 2018-3, and SPIR No. 2018-02 Metro East Mixed Use (MEMU) Overlay Zone, and Elan projects July`23, 2018 Page 12 ;Elan'Mixed Use Proiect The Elan project is expected to produce 'up to 3,000 temporary jobs through construction and project management, and 125 permanent jobs in the commercial spaces (First Street commercial component and seven live/work lofts), and in onsite management and building service vendors (waste collection, pool servicing, fitness room maintenance, technology/IT, landscape maintenance; etc.). Its .valuation is currently estimated' at $200,000,000, which will result in approximately $17,500,000 new fees for the City. Among these fees are approximately.$8,006,000 in inclusionary housing in -lieu fees. These fees will allow the City to continue providing services to the community, portions of which will be reinvested in parks and community facilities in the project vicinity. The applicant's investment in the Elk Lane improvements is estimated to be $1,200,000. Finally, the large commercial component of the project is expected to produce additional sales and business taxes for the City. The project will be conditioned to require preservation of its commercial components in perpetuity and'to maintain its property values through site maintenance and site management. Public Outreach The City held an information session/community meeting on September 7, 2017 at the Elks Lodge building, which is located on the project site. Over 100 members of the community attended. The meeting was advertised on various forms of social media, through Neighborhood Initiatives staff, and through.a mass -mailing to 2,800 recipients that included property owners, renters, and tenants that included a'500 -foot buffer surrounding the existing and proposed MEMO areas. Following the September 7, 2017 meeting, City staff and the Elan project's applicants attended two Saddleback View and Lyon Street neighborhood associations' meetings where the MEMU expansion and the Elan project were discussed. On January 22, 2016, staff presented a work-study session on the MEMU expansion and Elan projects to the Planning Commission. Members of the Planning Commission asked staff questions about the projects, tinning, and separate parking study. Since the MEMU expansion and Elan projects' inceptions, the City has maintained topical webpages that have been updated with relevant information; plans, and other information. City staff have also met with interested parties, including property owners and tenants within and outside. the MEMU project area. While 'there have been:phone calls .and remails received throughout the course of this project, at the time of this printing, no correspondence, either, written or electronic, -had been received from.any members of the public. 75B-16 GPA N6.20,18-3 ' o.2018-3', AA No:2018-6, ZOA No. 2018-3, and SPR No. 2018-02 Metro East Mixed Use (MEMU) Overlay Zone and Elan projects July 23; •2018 Page 13 Strategic Plan Aliqnment Approval of this item supports Goal No. 3 Economic Development, Objective No. 2 (Create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), and Goal No. 5 Community Health, Livability, Engagement and Sustainability, Objective No. 3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective No. 4 (Support neighborhood vitality and livability). Conclusion Based on the projects' analyses, staff recommends that the Planning Commission recommend that the City Council approve Subsequent Environmental Impact'Report No. 2018-15 (SCH No. 2006031041) for the Metro East Mixed Use Overlay Zone expansion and Elan projects; General Plan Amendment No. 2018-03, Amendment Application No. 2018-06, and Zoning Ordinance Amendment No. 2018-03 for the MEMU Overlay Zone expansion project; and that the Planning Commission approve SPR No. 2018-02 as conditioned for the Elan project. All Pezeshkpour, AICP Senior Planner AP:sb SAPIanning COMMISSI0n1201817-23-181GPA 18-3 AA 18.3 ZOA 18.3 MEMUIGPA18-3 ZOA18-3 AA18-3 SPRM-2 MEMU 07232018.pa Exhibits 1. Draft General Plan Amendment Resolution 2. Draft Amendment Application (Zone Change) and Zoning Ordinance Amendment Ordinance 3. Draft General Plan Amendments 4. Draft Sectional District Map 5. Draft MEMU Overlay Zone Amendments 6. Elan Project Site Photo 7. Elan Project Site Plan 8. Elan Project Landscape Plan 9. Elan Project Open Space Exhibit 10. Elan Project Floor Plans 11. Elan Project Renderings 12. Elan Project Elevations 13. Draft Elk Lane Street Improvement Plans 14. Draft Subsequent Environmental Impact Report.(SEIR) and Appendices 75B-17 ILS 7.23:18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT 'N0. 2018-15 (SCH NO. 2006031041) AND THE MITIGATION MONITORING AND REPORTING PROGRAM, CEQA FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS; GENERAL PLAN AMENDMENT NO. 2018-03 AND FOR THE PROPOSED METRO EAST MIXED USE OVERLAY ZONE EXPANSION AND AMENDMENTS PROJECT AND THE ELAN DEVELOPMENT PROJECT LOCATED AT 1660 EAST FIRST STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF.SANTA ANA AS FOLLOWS: Section 1. The City, Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana (City) is requesting approval of General Plan Amendment No. 2018-03 to amend the General Plan land use designation of 53 parcels located in the existing Metro East Mixed Use (MEMU) Overlay Zone. (OZ -1) and in the proposed MEMU expansion area to be consistent with the current land uses and proposed zoning designations in the MEMU project area. In addition, Warmers Properties (Applicant) is requesting approval of Site Plan Review No. 2018-02 to allow -a 603 -unit mixed-use development project at 1660 East First Street, which has been reviewed and approved by the Planning Commission subject to approval of this General Plan Amendment, and separate but related Amendment (Zone Change) and Zoning Ordinance Amendment applications. B. On July 23, 2018, during the 45 day public comment period, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution certifying Subsequent Final Environmental Impact Report No. 2018-15 (SCH No. 2006031041) and approving the Mitigation Monitoring Program, Findings of Fact and Statement of Overriding Considerations; General Plan Amendment No. 2018-03; Amendment Application No. 2018-06; and Zoning Ordinance Amendment No. 2018-02 for the Metro East Mixed Use Overlay Zone expansion and amendments project. EXHIBIT 1 Resolution No. 2018-xx 75B-18 C. On August 21,'2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Subsequent Final Environmental Impact Report No. 2018-15 (SCH No. 2006031041), General Plan Amendment No. 2018-03, Amendment .Application No. 2018-06; and Zoning Ordinance Amendment No. 2018-02 for the Metro East Mixed Use Overlay Zone expansion and amendments project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. D. Pursuant to the California Environmental Quality Act (Pub. Res. Code sec. 21000 et seq.; CEQA"), and the State CEQA Guidelines the City has determined that a Subsequent Environmental Impact Report (SEIR) should be prepared pursuant to CEQA In order to analyze all potential adverse environmental impacts of the proposed project. Pursuant to Public Resources Code section 21067 and the State CEQA Guidelines (Cal. Code Reg., tit. 14 Sec 15600 et seq.) section 15651, the City is the lead agency for the'proposed Project. 2. In accordance with CEQA, the recommended actions have been reviewed through an SEIR. Sections 15080 through 15097, and 15162 of the State CEQA Guidelines (Article'7) guide the process for the preparation of an EIR and an SEIR. 3. The California Environmental Quality Act (CEQA) requires 'that, where there is the potential for environmental impacts as the result of a proposed project, an EIR be prepared in order to study and analyze any potential environmental impacts, disclose such potential impacts to the public, and mitigate such, impacts to the greatest extent feasible. As such, an EIR was prepared for'the original MEMU Overlay Zone in 2007 and was subsequently certified by the City Council. 4. An SEIR is prepared when an EIR has been certified for a project and the lead agency determines that one or more ,of the criteria listed under Section 15162 and 15163 of the State CEQA Guidelines are met. The City has determined that an SEIR is the most appropriate. environmental document due to the characterization of the proposed changes to the project that was previously approved with the certified Final EIR for the MEMU Overlay Zone in 2007. The current SEIR has been prepared pursuant to the requirements of CEQA and discloses the Resolution No. 2018-xx 75B-19 environmental impacts associated with implementing the proposed Project and includes mitigation measures that can reduce potential impacts to the extent possible or to below a level of significance. The proposed project will be consistent with the prior findings in the original 2007 Final EIR certified by the City Council, and significant and unavoidable environmental impacts disclosed in the 2007 EIR Would remain for air quality, noise, and transportation/traffic. However, development of the Elan project would result in a substantial adverse change to an. eligible historical resource (the now -vacant Elks 'Club building), which was not addressed in the 2007 EIR. As a result, preparation of the current -draft SEIR was required, and the draft SEIR analyzes and proposes mitigation for the demolition of the Elks Club building, 5. The'SEIR, as required by CEQA, contains 1) an Initial Study; 2) a project description; 3) a description of the environmental setting, .potential environmental impacts, mitigation measures for any significant effects, and consistency with plans and policies; and 4) names of prepares. The mitigation measures included in this SEIR are designed to reduce or eliminate the potentially significant environmental impacts described herein. The scope of the SEIR evaluates the proposed project's effects on the following resource topics: air quality, cultural resources, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, transportation/traffic, and tribal cultural resources. 6. The City prepared a draft SEIR and published the Notice of Availability (NOA) in the Orange County Register as well as posted the NOA at the Orange County Clerk's Office on June 12, 2018. The City circulated the draft SEIR for a 45 -day :public review between June 12, 2018 and July 27,2018. The -draft SEIR was available for public review at the Santa Ana City Hall, the City of Santa Ana Main Library, and on the City's website. 7. During the 45 -day public review period, the City held a regularly scheduled public hearing with the Planning Commission on July 23, 2018, to receive comments regarding the draft SEIR. 8. The City received a total of written comment letters during the public review period and evaluated all comments received from the persons or agencies that reviewed the draft SEIR. Pursuant to Section 15088 of the State CEQA Guidelines, the City, as the lead agency for the project, has reviewedall comments received on the Resolution No. 2018-xx 75B-20 document. The City provided written responses to all agencies and members of .the public commenting �on the draft SEIR at least 10 days priorto the City Council hearing. 9. The City has prepared a Final SEIR, consisting of comments and recommendations received during the 45 -day public review and comment period, written responses to those comments, and revisions and clarifications to the draft SEIR in response to those comments. For the purposes of this Resolution, the SEIR shall refer to the draft SEIR, including all of the technical studies and appendices to the draft SEIR, as revised by the Final SEIR's revisions, together with the other sections of the .Final SEIR, including all of the technical studies, attachments, and appendices to the Final SEIR. 10. Findings of Fact with respect to environmental impacts, including environmental impacts identified in the Final SEIR as potentially significant, but which the City finds can be substantially lessened through the imposition of feasible mitigation measures identified in the Final SIER, are described in Exhibit A attached hereto and incorporated herein by this reference. 11. As a result of the environmental analysis in the SEIR, one significant impact was found from the construction of the proposed project that pertains to loss of an eligible historic resource. Accordingly, the City has also prepared a Statement of Overriding Considerations in compliance with Public Resources Code Sections 21081 and CEQA Guidelines Section 15093, which finds that specific economic, legal, social, technological, or other benefits of the proposed .project outweigh the significant and unavoidable impacts identified ;in the EIR, as described in Exhibit B attached hereto and Incorporated herein by this reference. 12. Mitigation measures have been provided to address potential environmental impacts, with a list of these mitigation measures found within the attached Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Exhibit C and incorporated herein by this reference. Mitigation measures have been outlined to address potential impacts stemming from adoption of the original MEMU EIR and the 2018 MEMU expansion and amendments project's SEIR. Resolution No. 2018-xx 75B-21 13. All the requirements'of CEQA and the State CEQA Guidelines have been satisfied by the City in the Final SEIR, which is sufficiently detailed so that all -of the potentially significant environmental effects of the proposed project, have been adequately evaluated. 14. The Final SEIR prepared in connection with the ,proposed project sufficiently analyzes both the feasible Mitigation Measures :necessary to avoid or substantially lessen the proposed project's ,potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA acid the State CEQA guidelines. 15. All of the findings and conclusions made by the City Council pursuant to this Resolution are based upon the 'oral and written evidence presented to the City Council as a whole and not based solely on the information provided in this Resolution. 16. Prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the Final SEIR, and all oral and written evidence presented to it during all meetings,and hearings, all of which is incorporated herein by this reference. 17. The City has not received any comments or additional information that produced substantially new information requiring recirculation or additional environmental review under Public Resources Code sections 21166 and 21092.1 and State CEQA Guidelines section 15088.5. E. General Plan Amendment No. 2018-03 has been filed to amend the General Plan to change the land use designation of certain parcels located in the existing Metro East Mixed Use (MEMU) Overlay Zone (OZ -1) and in the ,proposed MEMU expansion area to be consistent with the current land uses and proposed zoning designations in .the MEMU project area. The amendments will designate properties located in both the existing MEMU area and in the MEMU expansion area as Urban Neighborhood (UN) or District Center (DC) as shown on Exhibit D. Currently, the land use designations of the properties are;inconsistent with the proposed OZ -1 designation. This project will' require amendments to the Land Use and .Urban Design elements of the 'General Plan to designate parcels in the MEMU eiipansiori area Resolution No: 2018-xx. 75B-22 either UN or DC, and parcels within the existing MEMO area either UN or DC, to match current or anticipated land uses. 2. The proposed project will be consistent with several goals and policies of the 2014 Housing Element. First, the project is consistent with Goal 2, which encourages diversity of quality housing, affordability levels, and living experiences that accommodate Santa -Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. Second, the project supports Goal 4 to provide adequate rental and ownership housing .opportunities and supportive services. Further, the 'project is consistent with Policy HE -2.2 to create District Centers with 'high intensity, mixed-use urban villages and pedestrian -oriented experiences; and Policy HE -2.4 to facilitate diverse types, prices, and sizes. of housing. The MEMU expansion and amendments project will result in an overall increase in land available for residential development and will not impact the inventory •6f housing opportunity sites needed to achieve City's 2014-2021 RHNA allocation. 3. The City Council has weighed and balanced the General Plan's policies, both old and new, and has determined that based upon this balancing that General Plan Amendment No. 2018-03 is consistent with the purpose of the General Plan. Section 2. Certification. The City hereby certifies that (1) the SEIR has been prepared, processed, and noticed in accordance with CEQA and the State CEQA Guidelines; (2) the SEIR was presented to the City Council and the City Council has reviewed and considered the information contained in the 'SEIR prior to considering adoption of the project, and (3) the 'SEIR reflects the independent judgment .and analysis of the City Council and is deemed adequate .for the purposes of making decisions on the merits of the Project. Section 3. CEQA Findings. The City hereby adopts the CEQA Findings, which were prepared in accordance with Public Resources Code section 15091 and Which are attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth herein. Section 4. Statement of Overriding Considerations. The City hereby adopts the Statement of Overriding Considerations made in connection with the approval of the Project pursuant to CEQA Guidelines Section 15091., which is attached hereto as Exhibit B and incorporated herein by this reference as if fully set forth herein. Section 5. Mitigation Monitoring Program. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring Resolution No. 2018-xx: 75B-23 Program attached hereto as Exhibit C and incorporated herein by this reference. The City finds that the. Mitigation Monitoring Program is designed to ensure that, during the implementation of the Project, the City and any other responsible parties implement the components of .the Project 'and comply with the mitigation measures idehtified in the Mitigation Monitoring Program. Section 6. Wildlife Resources. Pursuant to Title XIV, California Code `of Regulations (CCR) § 735.5(c)(1), the City Council .has determined that, after considering the record as a Whole, there is no evidence that the proposed Project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in, an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR. § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 7. Approvals. Based on the entire record before the City Council, all written and oral evidence; presented, the CEQA Findings, the Statement of Overriding Considerations, and the Mitigation' Monitoring Program, all attached and incorporated herein as Exhibit A, Exhibit B, and Exhibit'C'to this Resolution, the City Council of the City of Santa Ana hereby: A. Adopts the CEQA findings, adopts the Statement of Overriding Considerations, and certifies Final Subsequent Environmental Impact Report No. 2018-15, and approves the Mitigation Monitoring Program for the MEMU Overlay Zone Expansion and Elan projects; B. Approves General Plan Amendment No. 2018-03; and, These decisions are based upon the evidence submitted at the above said .hearing, which includes,. but is not limited to: the Request for Council Action dated August 21, 2018, and exhibits attached thereto; and the public testimony, written and oral; all of which are incorporated herein by this reference. Section 8. Indemnification. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its ,approval of this project, and any approvals associated with the project, including, without limitation, any CEQA review or approval, except .to the extent caused 'by the sole.negligence of the City of Santa Ana. Section 9. Ordinances. This Resolution shall not .be effective unless and until Ordinance No. NS= (AA No. 2018-06 and ZOA No. 2018-03) and Ordinance No. NS- become effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go.into effect for any reason, then this resolution shall be null and void and have no further force and effect. Resolution No. 2018-xx 75B-24 Section 10. Judiciai Review. These decisions rendered by the City Council of the,City of Santa Ana are final and are subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. Section 11. Location of Documents and Custodian of Records. The documents and materials that constitute the record of proceedings on which the CEQA Findings in Exhibit A of this Resolution have been based are located at 20 Civic Center Plaza, Santa Ana. The custodian for these records is the Santa Ana Clerk of the Council. This information is provided in compliance with Public Resources Code section 21081.6.. -Section 12. Notice of Determination. The -City Council hereby directs staff to file a Notice of Determination with the "County of Orange within 'five (5) working days of final Project approval. ADOPTED this _ day of ,.2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers. Resolution No. 2018-xx Miguel A. Pulido Mayor 75B-25 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest.to and certify the attached Resolution No. 2018-xx to'be the original resolution adopted. by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana 75B-26 Resolution No. 2018-xx ORDINANCE NO. NS-XXXX AN ORDINANCE ,OF THE CITY COUNCIL OF'THE CITY OF , SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-06 REZONING VARIOUS PROPERTIES LOCATED ALONG THE FIRST STREET CORRIDOR AND ZONING ORDINANCE ,AMENDMENT NO. 2018-03 AMENDING THE METRO EAST MIXED USE OVERLAY ZONE (OZ -1) THE CITY COUNCIL OF THE, CITY OF SANTA ANA DOES_ ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds; determines and declares as follows: A. In 2007, the City Council approved and adopted the Metro East Mixed Use (MEMU) Overlay Zone (OZ -1). The MEMU was intended 'to provide the framework for future redevelopment of a 200 -acre section of the City along First and Fourth streets between the Santa Ana (1-5) and Costa Mesa (SR - 55) freeways. B. Since 2007, one development project has been constructed and 'three others entitled that are consistent with the goals and objectives of the MEMU. However, changes to the development market following the recession have resulted in the need to modify the MEMU in order to continue to further the goals of the plan while implementing a regulatory framework that protects the health, safety, and welfare of the City: C. Amendment Application No. 2018-06 has been filed by the City of Santa Ana to apply the OZ -1 designation to approximately 52 parcels located along First Street between Grand Avenue and the Santa Ana (1-5) Freeway and along Lyon Street and Elk Lane between First Street and Chestnut Avenue'(Exhibit A). D. The OZ -1 designation of the various parcels as shown on Exhibit A will allow, additional development opportunities of these parcels into mixed-use developments, thereby being consistent with the goals and objectives of the.MEMU. E. Zoning Ordinance Amendment No. 2018-03.will amend the existing MEMU, a copy which is available at the Planning Division Public, Counter -and Main Public Library, or viewed on the City's MEMU webpage. The amendments will create greater consistency among the MEMU and other form -based codes that have been adopted since 2007, including the Transit Zoning Code and Harbor Miked-Use Transit Corridor Specific Plan (Exhibit B). EXHIBIT 2 Ordinance No.'NS-XXXX 75B-27 F. On July 23, 2018, the ,Planning Commission held a duly noticed 'public hearing and voted to recommend that the City Council adopt an'ordinance approving Amendment Application .No. 2018-06. This action will be consistent with the General Plan, as amended by .General Plan Amendment No. 2018=03, and Zoning Ordinance Atnendnient-No: 2018-03 to amend the MEMU. G. The City Council, prior to taking action on this ordinance, held at duly noticed public hearing on August 21, 2018. H. The City Council also adopts as findings all facts presented in the Request for Council Action dated August 21, 2018 accompanying this matter. I. For these reasons, and each of them, Amendment Application No. 2018-06 and Zoning Ordinance Amendment .No. 2018-03 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning districts is found to be consistent with the General Plan .of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council has reviewed and considered the information contained in the previously -approved Environmental Impact Report and the Subsequent Environmental Impact Report for the Metro East Mixed Use Overlay Zone (SCH No. 2006031041) prepared with respect to -this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the proposed Subsequent Environmental Impact Report for the Metro East Mixed Use Overlay Zone meets all of the requirements of CEQA. Section 3. This ordinance shall not be effective unless and until Resolution No. 2018- (Subsequent Environmental Impact Report No. 2018-05 and General Plan Amendment No. 2018-03) are adopted and become effective. If said resolution and ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise.does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 4. If any section, subsection, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, -clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or portions be declared 'invalid or r unconstitutional. Ordinance No. NS-XXXX 75B-28 ADOPTED this 21St day of August, 2018 Miguel A. Polido Mayor APPROVED AS TO FORM: Sonia R.'Carvalho City Attorney in Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT -PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, and that.said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75B-29 Ordinance No. NS-XXXX City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division (a, Adopted February 2, 1998 (Reformatted January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan land Use Element adopted by the Santa Ana City Council February 2,1998 (GPA 1997-05): GPA 20'8 01(oandiml '.GPA 2011-03 (March 19, 20121 GPA 200502 (October 17, 2005) GPA 2001-02 (January 7, 2002) GPA 2018-02 (May 15.2018) GPA 2011-02(Joe 6,2011) GPA 2004-01(April 5. 2005, as passed by GPA 200G.09 (May 7, 2001) GPA 201"1(May 15, 2018) GPA 2010-0I(June 7, 2010) the voters of Santa Ana) 'GPA 2000-08(February 5, 2001) GPA 2011-02 (December 19,2017) GPA 200802(July 20,2009) GPA 2004-D4(July 19, 2004) GPA 20DO-03(December 4,2000) GPA 2017-01 (June20, 2017) GPA 2007-03 (May 18, 2009) GPA 2004-06 (July 6, 2004) GPA 200002 (November 20,20W) GPA 201603 (February 21, 2017) GPA 200MI (May 5.200a) GPA 2003-02 (June 16. 2003) GPA 1999-02 (October 18, 1999) GPA 201602 (May 17, 2016) GPA 2004-03 (February 2, 2009) GPA2003-01(February 18, 2003) GPA 1999-01 (August 16, 1999) GPA 2016-01(Apol 19.2016) GPA 2007-02(Joe18.2007) GPA 20D2.01 (September 3, 2002] GPA 1998M (October 5,1998) GPA 201503 (February 2, 2016) GPA 2007-01 (March 19, 2007) GPA2002-03 (August 19, 2002) GPA 1998-05 (September 21,1998) GPA 2014-02 (October 21, 2014) .GPA 2006-01 (October 2, 20(16) GPA 2001-03 (February 19, 2002) GPA 19911-01(May 4, 19981 GPA 2014-01 (June 3, 2014) GPA 21)(15-01(December 5. 20051 EXHIBIT 3 75B-30 LAND USE ELEMENT areas. To encourage a dynamic mixture of residential, office and commercial uses, within these areas both building intensity and residential density is based on floor area ratio and zoning development standards. In calculating either the allowable Noor area or the allowable residential density, it is the City's policy to not allow upward rounding. The Land Use Plan is illustrated in Exhibit 2. Additional information concerning the Land Use Plan and the land use designations is provided in Table 1 (Land Use Development Intensity Standards), and in the Appendix. Table 1 -LandUse Density/Intensity Standards Low Density Residential (LR -7) I 7 du/acre Low -Medium Density Residential f -MR -111 11 du/acre Other District Center (Midtown, MacArthur Place, etc.) 90 du/acre and FAR 1,0-2.0 Heritage District Center FAR 1.7 Downtown District Center I FAR 3.0 Transit Transit Zoninn Cade Area/ First. Fifth 817" Street Corridor I FAR 0.5-1.5 Harbor Corridor Professional and Administrative Office (PAO)FAR 0.5-1.0 General Commercial (GC) FAR 0.5-1.0 One Broadway Plaza District Center (OBPDC) FAR 2.9 Industrial (IND) I FAR 0.45 Institutional (INS) FAR 0.5 Ooen Soace (0) FAR 0.2 Notes: ' The intensity standards shown refer to the theoretical maximum amount of development permitted for each land use designation (du -dwelling units; FAR -floor area ratio). Development must also adhere to zoning regulations, and/or specific plan requirements. 2 The District Center and Urban Neighborhood land use designations permit both residential and non-residential development. Commercial Intensifies may vary. Baseline FAR is 0.5. Specific areas allowing greater intensities are indicated in Exhibit A-3. One Broadway Plaza District Center land use designation permits office, restaurant and ancillary 1 retail for a master planned development ? 'Refer to Appendix for description of Land Use designations. t CITY OF SANTA ANA GENERAL PLAN 15 75B-31 LAND USE ELEMENT LAND USE PLAN IMPLEMENTATION To effectively achieve the broad range of goals outlined for the City's future growth and development, a variety of plans, programs, and regulations must be relied upon. This section of the Element discusses these tools, and how they correlate with implementation of the City's land use goals. DEVELOPMENT INTENSITY STANDARDS Table A-1 summarizes the development intensity standard for each ofthe General Plan designations; and provides land use distribution by acreage for the land use. The intensity standards for the categories permitting residential development are expressed in density, measured in "units per acre," or Floor area ratio and zoning development standards in the case of certain Mixed Use land use designations. The intensity standards for non-residential development are expressed as "floor area ratio" or FAR. The FAR concept is illustrated in Exhibit A-3. The intensity standards in concert with the zoning and development standards regulate the massing, form and building size. Table A-1 du - dwelling unit FAR - floor area ratio • Residenflal development Is not a pernifled use. s4� CITY OF SANTA ANA GENERAL PIAN A_11 75B-32 _J ----A-12 - LAND USE ELEMENT The City established development intensity standards in 1988, for nonresidential land use designations. The standards measure intensity through the use of floor area ratios. The floor area ratios proposed for the City's major commercial corridors are expected to remain in place over the life of the Land Use Element. Those areas of the City proposed for the most intensive levels of development include district centers, professional and administrative office districts, and several other commercial centers with a unique character, or special development concerns. Some of these areas correspond to those for which Specific Plans have been prepared. The proposed 'floor area ratio(s) for most of the City's commercial corridors allows structures of two to three stories with surface parking. The major development areas -the District Centers and ProfessionaVAdministrative Office Districts along Tustin Avenue and East First Street -allow mid -rise and high-rise buildings with structured parking. These areas are expected to generate the highest level of development activity in the City as centers of commerce. These areas are listed in Table A-2 and are shown in Exhibit A-4. The floor area ratios indicated in Table A-2 are the maximum building intensity allowed for development. 75B-33 CITY OF SANTA ANA GENERAL PIAN LAND USE ELEMENT Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations,; District Center and Urban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: The Low Density Residential (LR -7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily'by single-family homes. This designation applies to a large proportion of the City (645Fr.96,454.6 -acres) representing 47 percent of the City's total land area. The Low -Medium Density Residential (LMR -11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is approximately 420.6 acres. The great majority of the land designated as Low -Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. The Medium Density Residential (MR -15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of379.;-362.3 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple -family development projects. ,s r CITY OF SANTA ANA GENERAL PLAN 75B-34 LAND USE ELEMENT' Commercial The Land Use Plan identifies three land use designations that encourage a variety of office, retail and commercial enterprises to serve the community. The Professional/Administrative Office (PAO) designation applies to those areas where professional and/or administrative offices are predominant, or where such development is being encouraged. Land included in this designation is found primarily near the Civic Center; and along the First Street and Tustin Avenue Corridors'in close proximity to freeways. There are other smaller PAO areas in the City such as along North Broadway and along portions ofeast and west Seventeenth Street. A total of 61600.8 acres is included in this land use designation. The floor area ratio intensity standard applicable to this land use designation ranges from 0.5 to 1.0. The Professional and Administrative Office areas are intended to provide a unique environment for office development in those areas of the City where office uses are.the predominant Iand.use. The purpose for maintaining and supporting these areas exclusively for office and office -related uses is to encourage major employment centers at locations which significantly lessen the impact to the City's local street system. The First Street/Tustin Avenue office corridorbetween the Santa Ana (I-5) and Costa Mesa (SR -55) Freeways serves this purpose. In addition, the orderly, well-maintained quality of existing development supports a continuation of these areas as functional office/employment centers. The Professional and Administrative Office designation includes a range of floor area ratios to differentiate development intensity and character in relation to adjacent land uses. The areas with a FAR of 0.5 are not major office centers, but rather have an established character of lower intensity garden office and professional service uses. These areas are typically adjacent to low density residential neighborhoods, or are converted residential office uses. Office development along East Fourth Street, between Grand Avenue and the Santa Ana Freeway, is typical of this low-rise office character. The PAO area located adjacent to the Civic Center contains a range of office development intensity which supports the City's functional role as the government center efthe County. The types of uses typically located in the PAO district include the following: • Professional and administrative offices/office parks; Service activities such as copy centers; courier services, travel agencies, and restaurants when such uses are an integral component of a planned office development; and • Professional uses such as accountants, attorneys, doctors, engineers, and insurance brokers. A-20 CITY OF SANTA ANA GENERAL PLAN 75B-35 LAND USE ELEMENT The General Commercial (GC) district applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio ofo.5 -1.0, though most General Commercial districts have a FAR of0.5. A total of885-.8 855.3 acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and .accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood .facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services For industrial areas including office and retail, restaurants and various other services. The General Commercial development standards are based upon the character and intensity of development, as well as the degree of access and market demand for these properties. The relationships to adjacent land uses, are also considered. Uses typically located in this district are: • Business and professional offices; • Retail and service establishments; • Recreational, cultural, and entertainment uses; and • Vocational schools. General Commercial Districts have a floor area ratio of0.5 with the exception Of the Mid -town area which has an floor area ratio of up to 1.0. One Broadway Plaza District Center is a separate land use designation as it has an F.A.R. of 2.9, which exceeds the typical District Center intensity limit. Additionally, it does not include a residential component. One Broadway Plaza is envisioned as a landmark professional office complex that will be a focal point in the Downtown Redevelopment area serving the Civic Center complex, Downtown, and Midtown urban areas. The City's District Centers and major development areas are shown in Exhibit A-5. r,- CITY OF SANTA ANA GENERAL PLAN A-21 75B-36 LAND USE ELEMENT Mixed Use The Land Use Plan provides for two distinct mixed use land use designations. These designations allow for both vertical and horizontal mixed use developments, with an emphasis on linkages to a range of transportation options: ■ The District Center (DC) land use designation includes the major activity areas in the City. Seven areas of the City, totaling 665.4jk81.1 acres, are designated as District Center. The intensity standard for the District Center designation ranges from a Floor ratio of 1.0 to 5.0. District Centers are designed to serve as anchor's to the City's commercial corridors, and to accommodate' major development activity. District Centers are to be developed with an urban character that includes a mixture of high- rise office, commercial, .and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. Residential developments within some District Centers are allowed ata density of up to 90 units per acre when developed as an integral component of master planned mixed use project In Harbor Corridor, Metro East, Downtown, and Transit Village District Centers residential development intensity is based on a combination of floor area ratio and zoning overlay and/or development standards. Some District Centers serve as major retail and employment centers locally and regionally, and should include development which promotes the City as a regional activity center while creating an environment conducive to business on a regional scale. District Centers in Santa Ma include the following: The Main Place/City Place District Center includes a regional shopping center and office complex, as well as high intensity housing and mixed-use development. The Museum District located between the Downtown and MainPlace/City Place District Centers is proposed as a major office/cultural center which will be developed over the next 15 to 20 years. The area will focus upon the expanded Bowers Museum, the Discovery Science, Center and the construction of additional museums and cultural centers. The Downtown District serves as one of the County's major employment and governmental operations centers complemented with a mix of residential', commercial, and services uses to enhance its urban vibrancy. Emphasis on streets that accommodate all modes of transportation, including mass transit, pedestrian and bicyclist is key in this urban setting. A-22 CITY OF SANTA ANA GENERAL PLAN 75B-37 LAND USE ELEMENT 'The intensity standard for the Urban Neighborhood ranges from a Floor area ration of 0.5 to 3.0i with residential density based on a combination of floor area ratio and zoning development standards. A total of 279.1 13.4 acres of land in the City are designated Urban Neighborhood. Industrial The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections ofthe City. A total of 2,152:8 acres of land in the City is designated as Industrial, The maximum floor.area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic ihealth. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: • Light and heavy product manufacturing and assembly. • Commercial uses which are ancillary to industrial uses in the district. Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public in such as schools, etc. Only public properties ofapproximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of 800.6 acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of 1,010.9 acres are included in this land use designation. Of this total, 358 acres ofpublic parkland is included in this land use designation. A-24 CrrY OF SANTA ANA GENERAL PLAN 75B-38 LAND USE ELEMENT ExhibitA-5 Major Development Areas 1-MainPlace 7 -Tustin Avenue Corridor City Limits 2 -Museum District 8 -Metro East 3 -Downtown 9 -Transit Village 4.One Broadyway Placa 10 -Harbor Mixed -Use Corridor 5-Southcoast Metro 0 0.6 1.2141es 6 - MacArthur Place = CIN OF SANTA ANA GENERAL_ PLAN A-25 75B-39 City of Santa Ana General Plan Urban Design Element 1998 City of Santa Ana Planning Division Adopted July 6, 1998 (Reformatted January 2010) This document includes revisions to the Urban Design Elcment adopted by City Council March l9, 2007 (GPA2007-01) and as passed - by the voters of San Ea Ana April 5, 2005 (GPA 2004-01) and GPA 2018-01 (Pendine). 75B-40 URBAN DESIGN ELEMENT Exhibit 4 City Form Map l__J Psind Neigf,borltaads Pashc Traveling OOWa ® Nodes: Destination Points OFocus latersec0ons: Local Apex ® Lvgwrtr: Focal Points Gainvu n: Nrival Points City Limits 0 Ob 111.1Oes CITY OF SANTA ANA GENERAL PLAN 21 75B-41 URBAN DESIGN ELEMENT Exhibit 5 Districts LAI 1. Trask Fairview 12. Downtown 23. South Harbor Blvd. 2. Northwest 13. Broadway 24.Thorton Park 3. North Main 14. French Park 25. Bristol Manor/SE Side/Delhi 4. Park Santiago 15. Intercity/RTC 26. Freeway Window S. Cabrillo Park 16.4th St. Professional 27. Armstrong 6.WestSide 17. Tustin Ave. 28. South Coast 7. Harbor Blvd. 18. Midcity 29. Sand Pointe B. Santa Ana 19. Central Historic 30. MacArthur Place/Hutton Center 9. Artesia Pilar 20. South Main 31. Freeway Corporate 10.Washington/011ard 21. Eastside 32. Metro East o ab rzmil. 11. Flower Park 22. Southeast Industrial — • — City Limits j r' CITY OF.SANTA ANA GENERAL FLAN 23 75B-42 URBAN DESIGN ELEMENT Exhibit 7 Nodes Main Place Mall 'Main St. Concourse MacArthur Place Mutton Center South Coast Bristol Civic Center DOwnlownMtb SUArtlsl Village One Broadway Plaza Bunn," Museum 10. Tustin Ave. South of 17th St. 11. Santa Ana Zoa 12. Centennial Park 13. Willowick Goll Course Id. Bristol Maiketplace 15. Rancho Santiago College 16. Regional Transportation Center 17.Metio East 18. Habor Corridor Plan CITY OF SANTA ANA GENERAL PLAN 29 75B-43 --- City Limits 0 0.6 11 Miles 75B-44 a � N = o pa oo — �a8�am Ea a z � c J.1111®11111 rc H m 75B-44 LAND USE ELEMENT Table A-4 Land Use Plan Build -cut Canacilies F/ei=poor area rabb; au.=dwening unit; s.1.=square feet (of floor area). Acreage shown In table does not Include mads in right-of-way. I Effective capacity farbon-residenlial development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Corridor District Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mature of residential and non-residential development based on the zoning development standards. Residential effective capacity was calculated by adding the 55 24;266 bngs possible in the District Center and Urban Neighborhood with the existing 74,589 (Cenlius 2000) housing urrits-` � Land use designation permits both residential and non-resldential development Build -out assumes 90% of land area will be developed as commercial and 10% wig be developed as residential; with the exception of Town and Country Manor pro)ect Intended for continuum of care and housing seniors. Land use designation permits high intensity office development wdh ancillary, retail use. nrls fable has been revised to correspond with Ne GIs land Use Map Ali ted in EdfibR2 CITY OF SANTA ANA GENERAL PLAN A-35 75B-45 Intensity/ Effective Buildouln Theoretical Land Use Acres Density Buildout RQW,ni AW Low Density Residential LA -7 66454 6 7 dui I 93 4_5. 5.1 du Law Medium Density Residential LMR -11 420.6 11 du/ac 4,627 du Medium Density Residential MR -15 374.4 15 di — 435 3 6--5 Subtotal 3,261.& 7,247.695_`43 9&844 dul 46AN 55.476 237.5 55 243 du District Center Other DC 309.5 90 du/ac FAR 1.0.2.0 11,955,583 sf 3,017 du 23,764,534 s 3,017 du Heritage DC IBB FAR 1.7 54,090 at 1,221 cu 54,090 till 11221 du Downtown DC 62.5 FAR 3.0 2,057,824 sf 1,661 du 2,057,824 sf 1,661 du Metro EastOC WA FAR075-3.0 X245,405 �cc ��u 139 2,779,356 9f `,�_ 3 s 05. 37 du Transit Village DC 51.4 FAR 5.0 402,864 sf 2,761 du _ 402,664 s( 2,761 on Harbor Corridor DC 125.0 FAR 5.0 1,836,155s 2,029 du 1,836,155 s 2,029 du Urban Neighborhood UN 238:8 FAR 0.5.3.0 876.546 -sf SOtE du —x,016 -d" ,31 �4 41. 83.117 sf 5.529 du 4 3 17 529 du _s Subtotal 994.5 20,568.989 sf 21 21.255 du 2 20 458 s 11 21.255 d444.6 u 29,428.429 -1 BICC A 21,25H if " . 21,256 it 1 Professional & Admin. Office PAO 632-4 FAR 0.5.1.0 12;228;872 600.8 3 085 4 _ sf 44s—t_— General Commercial GC 88" 855.3 4.3 FAR 0.5.1.0 FAR 2.9 49 292,'^ 724 18.628'434 sf 543,193 of 8 7 256 B 8 s?, 543,193 s, One Broadway Plan District Cir" OBPDC Subtotal 33,473,989 =9 117 0.1, 32,257.051 sf 8 Industrial I IND I 2,152.81 FAR 0.45 I 42,199,991 sf I 42,199,991 sf Institutional INS 800.6 FAR 0.2-0.5 6,974,740 sf _ 17,436,850 sf Open Space OS 1,010.9 FAR 0.2 8,806,961 sf 8,806,961 sf Subtotal 1 1 1.611.51 15,781,701 at 26,243,811 sf F/ei=poor area rabb; au.=dwening unit; s.1.=square feet (of floor area). Acreage shown In table does not Include mads in right-of-way. I Effective capacity farbon-residenlial development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Corridor District Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mature of residential and non-residential development based on the zoning development standards. Residential effective capacity was calculated by adding the 55 24;266 bngs possible in the District Center and Urban Neighborhood with the existing 74,589 (Cenlius 2000) housing urrits-` � Land use designation permits both residential and non-resldential development Build -out assumes 90% of land area will be developed as commercial and 10% wig be developed as residential; with the exception of Town and Country Manor pro)ect Intended for continuum of care and housing seniors. Land use designation permits high intensity office development wdh ancillary, retail use. nrls fable has been revised to correspond with Ne GIs land Use Map Ali ted in EdfibR2 CITY OF SANTA ANA GENERAL PLAN A-35 75B-45 75B-46 a U) ca a) '0 6 M E cu FL D.-D 0 a ij jljiii i a) — < cn (D - �_! ::)>U)LL . — 1 {\}! U) t500 ((ƒ00 . .. ... oil (D 75B-46 R1-9 C2 K N L+ R1 N I n C5 .--Jl P F P P LS ci „ ' 17TH ST .�. cs } 'RIB ui eC5 C1 / 6M ft6 iMST m �.. 1p p+ c5 1 ��R+ Fl 1 c.- U 1II1 R+.B 0.1-8: y C5. II R+ pM1 f� Rol MIN cs R67,717 vpo wasX xsia a L5 ' V4SNIX / IINp_� vrtw pro{Nyav �`�a, WELWO I � �� afk�• fY4) X14 P - k _ E ; - qi fUlp 117 111 T r � O � c R, ; d: aoMl6h�111�is6iral!" G RI E V N C L fR+. 1 ,r �eia�nillt�® S 4 _ Trx`'^ 1 L � Slflf Ir v W aria C1 pa$ = SFOR i...It�� LIE, rtar rtar d murtsr 2 mim er �fte "'7lyT. 4 .�E"'RD oea j ' -{„*'.(' cL "1 M1 it_ fIX Sl � p 1 ILI �; PiDm wort �J I F IRt fl1 .. R1mwmm Srxar 1 5 v/o 1 v o2+ cs J Lz v v v `� ^ 4TH ST C2� � P�®_A19�@i�YD P/021 —Q i®3 ftY M1 P/OZX i N = C eaoa R3 X3 � ftRar � SDSNOZt � J cvorti cs zoll , ,c of 1 O 8� xprvrar c oz+ J as cvoz, �ciioz+ 4L0 t 'fey 1i - LLOZ, C'LOL y 0 j Iij \ CLOSI N ]p MI ; \ cvon sDea/azllcvozovo c -,A cvDzl ISI aQ P g Tl -5-9 ppnn D.re:,3/19/O 17-b9 ZONING DISTRICTS Al GENERALAGRICULTURAL CSM SOMMAINSTREETCOMMERCWLDIST. R2 TWO-FAMLYRESmFNCE -B PARKING MODIFICATION Cl COMMUNRYCOMIUERCIAL GC GOVERNMENT CENTER R3 MULTIPLE-FAMLY RESIDENCE -OZ OVERLAYZONE CIMD COMMUNITY COMMERCIAL - MUSEUMDLST. M1 LIGHTNDUSTRWL R4 SUBURBANAPARTMENT PLANNEDR6DENTIAL PRD DEVELOPMENT C2 GENERALCOMMERC! L M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNEDSHOPPNGCENTFA O OPENSPACE ED SPECIFICDEVELOPMENT -HD2 HEGHTDISTRICTH C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIOPLAN CR COMMERCIALRESDENTIAL R1 SINGLE-FAMLY RESIDENCE OZl METRO EASTOVERLAY ZONE SECTIONAL DISTRICT MAP: 8-5-9 CITY OF SANTA ANA. CALIFORNIA Exhibit 4 75B-47 9858 9 N cvon r cvon cwQz111 cvozl — Z 9 �I m TST ••� y 1 rn cvOV isoevozl cvon c o l c 1 EVo O' Ki I 0 wALub`��9 ml i csroat clozTtf IAMOV cvon• 7 wlroz fP gsozl' Al O LObI R3IOE1 ' cNEsrHmnv CJJESSNUT.,EV 'Al� •`'•. ez SD16^'J3Fy'PW t a_fC r O n L Rt HUN1ERAV � a Q � LYi �a R HORANXUY PL 5 Ml C8 'Alli CSMCFAD EBI,AV ............. — — — — — — — — M1 CMT NILSMIgEav W i MISNIgEaV g V�ILSHINEAV — ' L f4Ao< SOBS ! lm MI J SD. D 9QA 20-$-9 Ruxr Dwm:IN9R! 20-5-9 �P ZONING DISTRICTS Al GENERAL AGRICULTURAL CSM SOUTH MAN STREETCOMMERCIAL DST. R2 TWO-FAMLYRESIDFNCE -B PARKING MODIFICATION C1 COMMUNQYCOMMERCIAL GC GOVERNMENTCEITER R3 MULTIPLE -FAMILY RESIDENCE -OZ OVERLAYZONE C1MD COMMUNTTYCOMMFRCIAL. MUSEUM DST. M1 LIGHTINDUSTRIAL R4 SUBURBANAPARTMENT PLANNEDRESIDENTIAL C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDFNTIALESTATE PRD DEVELOPMENT C4 PLANNEDSHOPPING CENTER 0 OPENSPACE SO SPECIFIC DEVELOPMENT -HD2 HEGHTDISTRICTII C5 ARTERIALCOMMECIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIALRESDENTIAL R1 SNGL&FAMLY RESIDENCE SECTIONAL DISTRICT MAP: 17-5-9 CITY OF SANTA ANA. CALIFORNIA Exhibit 4: 75B-48 Table of Contents Section 1 Purpose and Objectives Section 2 Applicability 3 Section 3 Development Districts 5 Section 4 Development Standards 9 Section 5 Design Principles 24 Section 6 Signs 28 Section 7 Compatibility/Operational 30 Section 8 Standards Implementation 31 FIGURES Figure 1: MEMU Overlay Zone Location 3 Figure 2: MEMU Overlay Zone Development Districts 5 TABLES Table 1: District Descriptions 7 Table 2: Development Standards Summary 9 Table 3: Land Uses 10 Table 4: Building Setbacks 21 APPENDIX Metro East Public Realm Amenity Plan 1.0 Purpose and Objectives 1.1 PURPOSE The purpose of the Metro East Mixed Use Overlay Zone, hereinafter referred to as the MEMU Overlay Zone, is to introduce development forms and uses that will provide for the creation of a high-intensity, mixed-use urban village within a previously developed mid -rise to high-rise office environment. This chapter establishes standardswhich will fulfill the following major objectives for this mixed-use urban village area. 1.2 OBJECTIVES Mixed-use urban village prototype The Metro East Mixed Use Overlay Zone is intended to create a unique urban environment that achieves the following objectives: a. Create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other. b. Facilitate well-designed new mixed-use development projects that combine residential and nonresidential uses through innovative and flexible design solutions. c. Achive the harmonious integration of new mixed-use development within the existing fabric of the mid - rise and high -rise office environment and commercial land uses. d. Encourage urban form anc achitecture that incorporate contemporary design styles and solutions as well as the use of sustainable building and site design concepts such as green buildings, energy -conserving building materials, and landscaping designs that reduce water consumption. e. Create highly-amenitized streetscapes that provide items such as landscaping, street furniture, niche or linear parks, passive and active water features, public plazas and courtyards, public art, and public transportation shelters in a design that integrates the public realm with adjacent private development and serves to create a distinct identity for the district. Contemporary design solutions f. Provide for an appropriate interface of land uses and development intensities relative to the Transit Zoning Code area, the Santa Ana (1-5) Freeway, and the Costa Mesa (SR -55) Freeways. g. Create a highly -integrated pedestrian system that provides for connectivity between the residential areas and public recreation amenities to the north and the MEMU Overlay Zone area. Active urban mixed-use Street -facing retail h. Provide for active street life through the inclusion of dedicated pedestrian -oriented design and active uses on the ground floor at strategic location. i. Provide for a mix of housing in order to encourage a continuum of living and a variety of household types. Ensure that each project includes exceptional site planning, unique architecture, high-quality building materials, extensive open space, indoor and outdoor amenities and first-rate public improvements. Facilitate project designs that encourage adequate amounts of retail or commercial space to service residents and/or employees within the development and the larger Metro East Overlay Zone area. M. Allow for the development of varied residential types in a mixed-use configuration including, but not limited to loft -style units, live/work units, attached row houses, and high-quality stacked flats. n. Provide adequate access for public safety services. o. Stimulate investment and reinvestment in the area through the provision of a comprehensive planning framework that facilitates private -market success. p. Provide for an alternative set of zoning regulations than is provided for by the underlying zoning district . q. Implement the City's General Plan. Ground -floor commercial space at strategic comer k. Encourage parking solutions that provide for adequate parking to ensure the long-term quality of the project, but that are creative in their design thereby enhancing the area's urban form. Parking requirements are designed to create a level of scarcity that will discourage vehicle trips, increase pedestrian activity, and enhance the provision of high-quality building and site design. Unique architecture Contemporary building materials Q metro east mixed-use overlay zone 2.1 APPLICABLE REGULATIONS These provisions shall apply to all properties within the MEMU Overlay Zone, but do not supersede the underlying zoning districts. All new development within the MEMU Overlay Zone will be subject to the requirements and improvements required in the Metro East Public Realm Amenity Plan, which is included as an Appendix. Definitions of terms not found within the MEMU Overlay Zone are found within SAMC Chapter 41. Article 1. Division 2. 2.2 CONTINUANCE OF DEVELOPMENT RIGHTS UNDERLYING ZONING DISTRICT STANDARDS All regulations, development standards, and requirements in the underlying zoning districts shall continue to apply to those properties that are currently developed according to the existing standards. New properties may also be developed to the existing underlying zoning district provided that all standards and requirements of the underlying zone are met. 2.3 OPTION TO APPLY THE MEMU OVERLAY ZONE Properties within the MEMU Overlay Zone may choose to develop to the standards of the underlying zoning districts or to the standards contained within this MEMU Overlay Zone. In order to exercise the option to develop under the MEMU Overlay Zone district, a MEMU Site Plan Review application approved by the Planning Commission shall be required. In granting such approval, the Planning Commission must find that the proposed development is in compliance with the provisions of the MEMU Overlay Zone and the Findings in Section 8.2 of this code section. In order to facilitate project and site design consistent with the provisions of this MEMU Overlay Zone, any development proposal for exercising use of the MEMU Overlay Zone shall be designed so that any primary use within the development is located within a newly constructed building. No primary use or uses shall be located in a building that has been rehabilitated or is otherwise the reuse of an existing building. 2.4 USE OF PHOTGRAPHS Photographs are used liberally throughout this document and are intended for illustrative purposes only. Specific development standards and regulations contained in this document are the controlling language for purposes of development regulation. 3.0 Development Districts This section delineates the development districts within the MEMU Overlay Zone (Figure 2) and describes the overall form and character of each District (Table 1). There are four development districts in the MEMU Overlay zone that differ in the permitted land uses and development intensity as determined by their location and adjacency to sensitive land uses and freeways as shown on Figure 2. The Village Center District contains a pedestrian -oriented area designed to serve a central core for the Metro East area. Developments within the Village Center core are allowed at a slightly greater intensity to facilitate the role and function of this area as an activity node within the Metro East area. Table 1 provides general descriptions and representative images of the character of each District within the Metro East Mixed -Use Overlay Zone. MEMU Overaly Zone Boundary O Neighborhood Transitional District ® Village Center District =e.*- e. -'---c--' s. -Alk Figure 2 MEMU Overlay Zone Development Districts Active Urban District ® Office District SMA Pedestrian - Oriented Design at Ground Level Potential Roadways =e.*- e. -'---c--' s. -Alk Figure 2 MEMU Overlay Zone Development Districts ra' y ;W I Neighborhood Transitional District The Neighborhood Transitional District is intended to provide opportunities for development that ads as a transition between the single-family residential to the north and the adjacent high-intensity Active Urban District. Designated for the lowest scale and the lowest intensity of uses in Metro East, development in this district is limited to residential, live/work, small scale neighborhood serving commercialor office uses. These uses may combine office on the ground floor with residential above or in freestanding single- use buildings on the same site at between two and dxee four (2-3�) stories in height. New development in this area will be designed to provide an appropriate interface with high levels of landscaping and design features that minimize impacts to the adjacent single family residential area to the north. Village Center District The Village Center District is intended to serve as the focal point and central gathering place within Metro East in well-designed highly connected EIdevelopment sites and public spaces. The District will provide a high level of neighborhood identity and activity through its central location and emphasis on I creating a vibrant, attractive, and highly -interconnected pedestrian environment. AW I Opportunities will be provided for shopping, dining, recreation, entertainment �{ I and services accessed by extensively landscaped, wide sidewalks that allow S t free flow between jobs, housing, and retail and commercial services, or f fug I I e, opportunities for leisure walking within the District. The Village Center will provide commercial, office, and residential uses in the same building or on the same site in mid -rise buildings of #sera six to ten (6-10) stories in height, in settings that provide open spaces, niches, and areas for gatherings and activities along streets, paseos, and interconnecting walkways that link the Village Center to adjacent districts and nearby public parks to the north. This District contains a pedestrian -oriented area designed to serve as a core activity center for the Metro East area. Developments within this core area along Fourth Street are allowed up to ten (10) stories in height to enhance the function of this area as a major activity center. Active Urban District The Active Urban District is intended as the location for well-designed high rise mixed use developments in a highly urbanized environment that capitalizes on the exposure and access provided by two adjacent freeways, the Santa Ana (1-5) and Costa Mesa (SR -55), and three, major arterials (First and Fourth Streets and Tustin Avenue). Development in this District is envisioned to reflect signature architecture that reinforces the identity and character of Metro East as a vibrant urban village that serves as a regional employment and activity center. The Active Urban District will include major office, residential, commercial, hotel, and entertainment —' opportunities that are more intensive in scale and design than the adjacent Village Center. Developments in this District may combine office, rna commercial, and residential uses within one vertical mixed use -building with commercial on the ground floor and office or residential on the upper i _ } floors or a mix of uses within freestanding buildings on the same site. Developments will be designed to showcase an amenity -enhanced T environment that provides numerous open space opportunities within a7A this urban environment for the enjoyment of residents, employees, and r visitors, and to promote pedestrian connections between this Districtand the Village Center as well as Cabrillo Park located north of Metro East area. - ' ON M JU T°171 tS h�tTSAt �s Office District The Office District contains existing low -to high-rise office development along Tustin Avenue and adjacent to the Santa Ana (1-5) Freeway. These developments were in place priorto establishment of the MEMU Overlay Zone and will be maintained exclusively as office to promote and maintain a healthy balance between office, commercial and residential land uses within the Metro East area. 4.0 Development Standards The MEMU Overlay Zone establishes development standards for each District, as summarized below in Table 2. Additional requirements for the standards listed in Table 2 are specified in Sections 4.1 through 4.8. • .)rhent StandardsSummary �f Development`--- Standards by District `mak 4.1 Land Uses (See Table 3) 4.2 Maximum No. Stories 3 4 6 10 stories in Village Core No Maximum X10 See Section 4.2 " 3 Stories Minimum 4.3 Minimum Development Site 20,000 sq. ft. 30,000 sq. ft. 1 acre 1:5 acre Area 4.4 Permitted Street Level Building Frontages Front Porch Yes Yes No No Stoop Yes Yes No No Forecourt Yes Yes Yes Yes Shop Front Ne -Yes Yes Yes Yes Gallery Yes Yes Yes Yes Arcade Yes Yes Yes Yes 4.5 Publicly Accessible 5% of Total Lot Area 10% of Total Lot Area 15% of Total Lot Area 15% of Total LotArea Open Space 4.6 Private/Common 400-90 sq. ft. per unit 499 90 sq. ft. per unit 389 90 sq. ft. per unit 10% of Total Lot Area Open Space 4.7 Building Setbacks (See Table 4 o Page 21) Residential: 2.25 Residential: 2-2.25 Residential: 2.25 Office: 3 spaces per 4.8 Parking * spaces per unit spaces per unit spaces per unit 1,000 sq. ft. Non -Residential: Per Non -Residential: Per Non -Residential: Per Other. Per Code Code Code Code t For further detail, refer to Section 4.8, Parking and Access. 4.1 LAND USES The MEMU Overlay Zone sets forth specific uses to made by the Executive Director of Planning that the be allowed within each district, as shown in Table 3, proposed use is compatible with the overall intent and subject to a MEMU Site Plan Review approval by the character of the MEMU Overlay Zone as specified in Planning Commission. Any use that is not specified as Section 41-601(c) of the Santa Ana Municipal Code permitted or conditionally permitted within the MEMU (SAMC). Overlay Zone is prohibited unless a determination is Art galleries and studios including, but not limited to; photography; fine art; fiber art; printing, lithography, and calligraphy; ceramic and pottery; glass blowing and sculpting Eating establishments, (cafes, restaurants) Bakeries Retail and Service uses Medical and Dental offices Professional, administrative and business offices Child care facilities Gymnasiums and health clubs Hotels Indoor/outdoor entertainment Religious Institutions Schools Tattoo Establishments Temporary outdoor activities Theaters and cinemas /Operational Standards Drive through establishments P I P I P I P W P P I P P CUP for liquor sales, after hours AVP P P P NP P P P P P P P P I P I P I P P P 9 g P � N P P CUP o oa P v Special Provisions (references to other N as : o m As defined in Chapter 41 of the SAMC applicable code sections or CUP CUP X o o i P limitations) N Z� > G N Subjc, to Sec. 41-199.3 of the SAMC Residential Uses LUC LUC LUC Subject to Sec. 41-195.5 of the SAMC Live/Work Units P P P P N Subject to provisions of this division Multiple -Family Residential P PLP P N Non -Residential Uses Art galleries and studios including, but not limited to; photography; fine art; fiber art; printing, lithography, and calligraphy; ceramic and pottery; glass blowing and sculpting Eating establishments, (cafes, restaurants) Bakeries Retail and Service uses Medical and Dental offices Professional, administrative and business offices Child care facilities Gymnasiums and health clubs Hotels Indoor/outdoor entertainment Religious Institutions Schools Tattoo Establishments Temporary outdoor activities Theaters and cinemas /Operational Standards Drive through establishments P I P I P I P W P P I P P CUP for liquor sales, after hours AVP P P P NP P P P P P P P P I P I P I P P P I P P N P P CUP N P P CUP N P P P As defined in Chapter 41 of the SAMC CUP CUP CUP CUP N P P N N P P N Subjc, to Sec. 41-199.3 of the SAMC LUC LUC LUC LUC Subject to Sec. 41-195.5 of the SAMC N P P P MWW■► 10 In addition to the land use categories listed in Table 3, the following regulations and operational standards shall apply to development within the MEMU Overlay Zone. 4.1.1 Village Center Core: Pedestrian -Oriented Design and Active Ground -Floor Uses In order to generate pedestrian use and contribute to an active street life, developments located in the Village Center core, properties fronting on Fourth Street will be allowed to develop up to a height of ten stories for a depth of 150'. The ground floor of buildings fronting on Fourth Street between Cabrillo Park Drive and Park Center Drive, and Golden Circle Drive south of Fourth Street as shown in Figure 2 shall have commercial uses and pedestrian -oriented designs. The pedestrian -oriented design features include, but are not limited to, visually transparent and architecturally articulated building facades, or designing arcades or courtyards for activities such as outdoor dining or active open -space areas. Active uses that are visually accessible to the public also may satisfy this requirement and may include, but are not limited to, uses such as a workout room for a health club, a cooking class, the nonresidential portion of live/ work units, or other active -artisan use. Three-story live/work units 4.1.2 Uve/Work Units The residential component of live/work units shall be contiguous with and integral to the working space with direct access between the two areas and shall not be designed as a separate stand-alone dwelling unit. This requirement does not preclude a separate access for the residential area as long as there is not a physical separation between the living area and the work areas of the unit. In addition, the following regulations shall apply to live/work units: Two-story live/work units a. Residential use is permitted only in combination with individual studios in a manner which provides an integrated working and living environment. b. At least one (1) off-street parking space shall be provided for each dwelling unit. c. A live/work unit shall be at least one thousand (1,000) square feet in size. d. It shall comply with all Housing Code requirements as modified by section 8-2700 of the SAMC. e. The residential component of a live/work unit shall meet the following standards: 1. It shall have a space of at least seven hundred fifty (750) square feet. 2. It shall have access to separate bathroom facilities, including a watercloset, a wash basin, and a bathtub or shower. 3. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front. f. On-site laundry facilities are required within each unit. 4.1.3 Stand Alone Residential Development Consistent with the objectives of the MEMU Overlay Zone to encourage and facilitate mixed-use, no stand-alone residential building shall be permitted except in the Neighborhood Transitional District or as a component of a mixed-use project that has different uses in multiple buildings designed as an integrated development on a single development site. An integrated development is a project that is built on a site comprised of more than one parcel or contained in more than one building when the uses and support facilities such as parking or open space are designed to function in a cohesive interactive manner throughout the development site. 4.2 MAXIMUM NUMBER OF STORIES A. The overall scale and massing of development within the MEMU Overlay Zone should transition from the existing low -scale intensity of the Neighborhood Transitional District, which is adjacent to an existing single-family residential neighborhood, to mid -rise development in the Village Center and high-rises in the Urban Core adjacent to the Santa Ana Freeway. To create a varied skyline and enhance the form of development sites throughout the Metro East area, building heights will be regulated based on the maximum number of stories permitted. The following maximumsteFy heights areical established for the uses within a building as calculated from floor to floor: 1. Residential: 9-15 feet (includes lofts and live work unit designs) 2. Retail: 18 feet 3. Retail with mezzanine: 22 feet 4. Specialty retail: 22-24 feet 5. Office: 13.5 feet B. In compliance with the Airport Land Use Commission (ALUC) of Orange County, the following conditions shall apply to all new development with the MEMU Overlay Zone. 1. For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the FAA (FAA Form 7460-1). Following the FAA's Aeronautical Study of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the ALUC for consistency analysis. 2. Buildings within any District of the Overlay Zone shall not penetrate the FAA FAR Part 77 imaginary obstruction surface for John Wayne Airport. 3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460-1) for any construction cranes that exceed 200 feet in height above ground level. C. New development will be required to be within the following maximum number of stories based upon their location within the MEMU Overlay Zone except as specified below: 1. Neighborhood Transitional District Three Four stories maximum New development shall be of a low scale, and should serve as a visual transition between the MEMU Village and adjacent residential areas to the north. New development Three-story live/work units in this District shall be compatible in height, scale, and mass with adjacent residential development to the north, with heights ranging between two and three four stories. 2. Village Center District Six stories maximum; ten stories maximum within core area (See Section 4.1.1) New development in the Village Center District is more intensive in scale than Neighborhood Transitional, and shall serve as a visual transition from the low -intensity of the Neighborhood Transitional District to the intensive development in the Active Urban District. The height, scale, mass and bulk of new development shall be designed to achieve a "human scale" at the ground level to foster a pedestrian -friendly atmosphere, with buildings located along and oriented to the street frontages and common plazas. In order to encourage and maintain active streets and function as a central gathering place and 18 -hour activity center for residents, employees, and visitors, a core area along Fourth Street will be allowed to develop at a height of up to ten stories, for a depth of 150'. Five -story mixed-use comer building (See also Section 4.1.1). Properties outside the core of the Village Center will be allowed to develop up to a height of six stories. 3. Active Urban District: No maximum height; minimum three stories required The Active Urban District is the most intensive in scale within the MEMU area, and is designed to create a highly urbanized environment. New development in this District shall relate in scale, height, and configuration with adjacent buildings. New development shall be designed and oriented to promote intensive public activity at the ground level that integrates and establishes a cohesive transition to adjacent Districts. Larger buildings shall be broken down in scale through changes in massing, changes in plane and profile, fagade subdivision, as well as other architectural means to ensure that the building is well proportioned and creates a satisfactory composition. Sites in this District shall be designed so that tower elements do not impact adjacent lower intensity developments but rather are designed to maximize exposure to the freeway or to adjacent developments of a similar intensity. A minimum building height of three stories is required within this District to ensure that a level of intensity is achieved on any development site even when there are multiple buildings of various heights. Any new development that is ten stories or greater in the Active Urban District and is proposed at a location adjacent to a multiple -family residential use or zone outside of the MEMU area shall be set back at least 150' from the property line of the adjacent residentially used or zoned property. 4. Office District: &YTen stories maximum Existing development within the Office District varies from two-story garden offices to the high-rise Xerox Center adjacent to the 1-5 Freeway. Development in this District is limited to office uses to maintain a core of offices uses within the Metro East area and therefore is least likely to utilize the provisions of the MEMU Overlay Zone. New development in this District under the Overlay Zone will vary from low-rise garden office to mid -rise office buildings with ancillary uses and may not redevelop as quickly as other Metro East areas. Higher intensity mixed-use building The height, scale, mass and bulk of new development shall be designed to achieve a "human scale" at the ground level to foster a pedestrian -friendly atmosphere, with buildings located along and oriented to the street frontages and common plazas. In order to maintain a consistent level of development intensity within this District, a minimum height of three stories is encouraged. If a project is on a large site with multiple buildings, an average of four stories should be used as a guide. 4.3 MINIMUM DEVELOPMENT SITE AREA As a means to encourage development that achieves the objectives of the MEMU Overlay Zone, all new development shall have a minimum lot size that facilitates the use of design principles that achieve adequate setbacks, open spaces, connections with adjacent properties in the district, and a high level of site design. Required development site area is required as follows: a. Neighborhood Transitional District 20,000 square feet b. Village Center District 30,000 square feet c. Active Urban District 1 Acre (43,560 square feet) d. Existing Office District 30,000 square feet 4.4 PERMITTED STREET LEVEL BUILDING FRONTAGES A. Appropriate building frontages reinforce a continous urban street wall defining the street edge and encouraging public-private interaction which results in active pedestrian urban spaces. in order to encourage a stronger public-private interaction within the Metro East area, new development will be required to inlcude one of the building frontages specified by district below: • Front Porch • Stoop • Forecourt • Shop Front • Gallery • Arcade 1. Neighborhood Transitional District: a. Front Porch b. Stoop c. Forecourt building frontages are permitted d. Shop Front 2. Village Center District a. Front Porch b. Stoop c. Forecourt d. Shop Front e. Gallery f. Arcade 3. Active Urban District a. Forecourt b. Shop Front c. Gallery d. Arcade 4. Office District a. Forecourt b. Shop Front c. Gallery d. Arcade B. Street level building frontages shall be designed according to the following descriptions and requirements. Front Porch A front porch is frontage wherein the fagade is set back from the frontage line with an attached roofed porch that extends into the front open space area. Porches shall have a minimum dimension of 8 feet in any direction. 2. stoop 14 A stoop is frontage wherein the fagade is aligned close to the frontage line with the first story elevated from sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground floor residential uses. PAN N -W-/ 3. Forecourt A forecourt is a frontage wherein a portion of the facade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicular drop offs and/or required open space areas. (Minimum dimension of a forecourt should be 20 x 20 feet). This type of frontage should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the sidewalks. -A11Tx, A shop front is frontage wherein the fa4ade is aligned close to the frontage line with the building entrance at sidewalk grade. This frontage is conventional for retail use. It has substantial non -reflective glazing at the sidewalk level and should include awnings at main entrances that may overlap the sidewalk consistent with the City's overhead sidewalk encroachment provisions. nul11l1 L'� = 14 i it a" Vr ? 1r� t I 5. Gallery f A gallery is frontage wherein �j the fagade is aligned close ' " ,,.r to the frontage line with an attached cantilevered shed ora 11L2 1 lightweight colonnade which may overlap front open r f space areas. This type is convenient for retail use. The � � �`'�R\5i ��� gallery shall be no less than 10 L s feet wide and may overlap` y ", adjacent open space areas up to within 5 feet of the ``•`• A1:':I parkway or sidewalk area. - An arcade is frontage wherein the fagade may abut the sidewalk at the frontage line. This frontage type is conventional for retail use. The arcade shall be no less than 12 feet wide and may not overhang the sidewalk but may be within 5 feet of the parkway or sidewalk. 4.5 PUBLICLY ACCESSIBLE OPEN SPACE In order to provide relief from the intensity of development within the MEMU Overlay Zone and provide for a high level of pedestrian connectivity and activity throughout the Metro East area, it is necessary to provide a variety of open space opportunities. Publicly accessible open space areas shall be designed to optimize linkages and connections with adjacent properties within the District. Further, open space areas shall encourage active use and pedestrian activity between the public and the private realm. A. To achieve well-designed and highly amenitized open space areas that are accessible to the public, new development will be required to include an open space component that is accessible to the public through the main street -facing fa4ade entry of the project. These areas may be inclusive of a front setback or driveway areas, but may not include parking areas or rear setbacks to satisfy a private open space requirement. All new development within the MEMU Overlay Zone shall provide publicly accessible open spaces as a percentage of the total development site area as follows: Public plaza 1. Neighborhood Transitional District: 5 percent 2. Village Center District: 10 percent 3. Active Urban District: 15 percent 4. Office District: 15 percent Active public pen space areas B. In addition to the above requirements, the following provisions shall apply to the design, location, and materials used in these open space areas: 1. Plazas, courtyards, or other publicly accessible open space areas at the ground level may be used to satisfy this requirement, and shall be incorporated into the design of the development. 2. Parking and rear setback areas shall not be considered to meet this requirement. Front and side setback areas that are integrated into the design of the public open space may be considered to satisfy this requirement. 3. Public open space areas shall be visible and accessible from the public rights-of-way to engage the interest of pedestrians and encourage public use. 4.A combination of landscape and hardscape materials shall be used in the design of these areas to satisfy the following requirements: a. Hardscape paving may include brick, stone, interlocking concrete pavers, textured concrete, and/ or impressed patterned concrete. Hardscape elements may include, but are not limited to, seating areas, potted plant materials, water features, and public art installations. b.The balance of the open space areas shall be landscaped with turf, shrubs, or groundcover, and trees. All plant materials shall be in proportion to the height and mass of the building, and shall be permanently maintained. 5. In order to achieve sunlight and air circulation in required open space areas, the following minimum height to width ratios shall be provided: a. Enclosed Open Space: 2 to 1 ratio (Open space that is enclosed on four sides, such as a courtyard). The required open space shall have a width of at least one-half the height of the adjacent building fagade (measured perpendicularly from the fagade). This requirement shall apply to all sides of the required open space. b. Open Space which is open on one or more sides: 3 to 1 ratio The required open space shall have a width of at least one-third the height of the adjacent building facade (measured perpendicularly from the fa4ade). This requirement shall apply to all sides of the required open space. b. The required publicly accessible open space areas shall be located and configured as one of the following: I Front: The publicly accessible open space area is located along the street facing frontage of the building as illustrated. c. "L" Shaped: The publicly accessible open space area is located along the front and side of the lot as illustrated. b. Forecourt: The publicly accessible open space area is located along a recessed center section of the front fagade of the building as illustrated. d. Paseo or Central Courtyard: The publicly accessible open space area is located on the side of the building or along a center pedestrian Paseo or courtyard as illustrated. 4.6 PRIVATEXOMMON OPEN SPACE To support and enhance the publicly accessible open space, new development within the MEMU Overlay Zone will be required to include private and/or common open space for resident, tenant and visitor use. Private and/or common open space shall be provided in addition to the required publicly accessible open space in Section 4.5. Residential developments: Private or common open space shall be provided on a per unit basis for residential projects and shall be a combination of the total required space divided between private areas such as balconies or patios or common areas such as courtyards, recreation facilities, multi-purpose room or other areas designed for the common use of residents as specified below. Nonresidential or mixed-use developments: Private or common open space shall be provided as a percentage of the total lot area for nonresidential projects and may be used to provide site amenities such as rooftop decks, courtyards, or similar features. Mixed use developments shall combine the residential standards and the nonresidential standard to satisfy this provision. A. Private or common open space shall be provided in the following amounts: 1. Neighborhood Transitional District: 3499 90 square feet per unit 2. Village Center District: 3949-90 square feet per unit and 5 percent of the total development site area for nonresidential uses. 3. Active Urban District: 3499-90 square feet per unit and 5 percent of the total development site area for nonresidential uses. 4. Office District: 10 percent of the total development site area B. In addition to the above standards, all private and/ or common open space areas are also subject to the following provisions in their design, location, and selection of amenities: Private and common open space areas shall be designed for the exclusive use of the residents or tenants of the property and their guests and shall not be publicly accessible except in the Neighborhood Transitional District where the required private/common open space may be designed in combination with the required publicly accessible open space specified in Section 4.5. 2• In the Neighborhood Transitional, Village Center, and Active Urban Districts, a combination of private and common open space shall be provided to satisfy the following requirements: a. Common open space amenities shall include, but are limited to, one or more of the following amenities: courtyards, plazas, tennis courts, swimming pools, spas, permanently equipped gym/ exercise rooms, or other permanent amenity. Rooftop decks and terraces may be used to satisfy this requirement, however, these areas shall be easily accessible to all residents within the building, and face the public rights-of-way where possible. b. Private open space areas may include balconies, patios, terraces, or rooftop decks. These areas shall be carefully integrated into the overall architectural design of the building. Architectural elements such as railings, trellises, short walls, or roof top enclosures shall be consistent with the architectural style of the structure to which they are attached. 3. Open space areas shall be constructed of permanent materials and be permanently integrated into the design of the building. 4. In order to achieve sunlight in outdoor common open space areas, the following building height to open space width ratios are required: 1 to 1; and 2 to 1 if the Private rooftop deck Private balcony 20 4.7 BUILDING SETBACKS A. Setback area requirements facilitate the incorporation of publicly accessible open space while reinforcing a continuous urban street frontage that defines the street edge. Setback requirements are designed as a range so that variety may be achieved in the public/ private interface area depending on the site and building design and its relationship to adjacent developments. Setbacks are designed to coordinate with the public improvements identified in the Metro East Public Realm Amenity Plan (Appendix). New development within the MEMU Overlay Zone shall be designed to provide setback areas from private or public streets as follows: Notes 1. Setbacks are measured from the closest point of a building to the property line or public easement, except for clear zones. If a front yard/porch frontage is used the building facade may be setback a maximum of 15 feet. 2. Additional setbacks for entryplazas or courtyards, or to meet adjacent structures, may be permitted subject to additional design review. Frontage types may be used to satisfy setback requirements. 3. Building planes above 3rd floor shall have, at a minimum a 50% variation in setback within the specific standards in Table 4. 4. If a development project has multiple frontages, the maximum setback along one street frontage may be exceeded if the area is used for publicly -accessible open §_pace. 5. For building with seven or more stories, the third floor and above must be set back a minimum of 30 feet from anv residential use 6. Clear Zones: a. Clear zones are required at drivewav, street, or aIle intersections to provide adequate line of sight for drivers, bicyclists, and pedestrians as they approach intersections. The clear zone shall consist of an isosceles riaht triangle with 25 -foot sides along the property line. b. The clear zone shall not be occupied by a around floor building facade. Site and building features that are taller than 30 inches in height, including utilities, mechanical equipment, fences, and landscaping, are prohibited in the clear zone. c. Upper floors may extend over the clear zone. Awnings must maintain a vertical clearance of at least 15 feet within the clear zone. B. In addition to the above setback requirements, the following provisions shall also apply to new development projects: In order to encourage flexibility and provide an organic feel in the design and building -street interaction, there is no minimum setback requirement within the MEMU Overlay Zone, with the a ..a:,-., that all _st-IFPS _hall m at.,. ...aL.aek speeified it the pFepe abut -ting an the FeaF prelgepty line is deN,elepecl 2. Setbacks abutting public right-of-way may be further recessed from the maximum setback specified for the purpose of a public open space, dining/gathering or special entry area. These areas may not satisfy private open space requirements. 3.Setbacks abutting public rights-of-way shall be landscaped with lawn, trees, shrubs, or other plants and/or decorated as a hard surface expansion of the sidewalk. A combination of landscape and hardscape materials shall be provided as follows: a. Hardscape paving may include brick, stone, interlocking concrete pavers, textured concrete, and/or impressed patterned concrete. Hardscape elements shall also be provided when setback area is being used to satisfy publicly accessible open space areas. These elements may include, but are not limited to, seating areas, potted plant materials, water features, and public art installations. b.The balance of the setback areas shall be landscaped with turf, shrubs, or groundcover, and trees. All plant materials shall be in proportion to the height and mass of the buildin, and shall be permanently maintained. IJI{(lilYlfj ❑� �::{)lilt#iL`i+l:.«euu--.-- .- _...e y`r> Adjacenttopublic street right-of-way or— 10ft(4) publiceasement Adjacentto alleyorintemal aisle 3 ft — Adjacentto parking 7 ft — ClearZone 25 ft — Adjacentto 1stand2ndfloor 15ft — any residential use 3rd floor and above (5) 20/30 ft — Adjacentto all All floors 5 ft — otheruses Upto 3rd floor 6 ft — 4th floor and above 1 15 ft — Notes 1. Setbacks are measured from the closest point of a building to the property line or public easement, except for clear zones. If a front yard/porch frontage is used the building facade may be setback a maximum of 15 feet. 2. Additional setbacks for entryplazas or courtyards, or to meet adjacent structures, may be permitted subject to additional design review. Frontage types may be used to satisfy setback requirements. 3. Building planes above 3rd floor shall have, at a minimum a 50% variation in setback within the specific standards in Table 4. 4. If a development project has multiple frontages, the maximum setback along one street frontage may be exceeded if the area is used for publicly -accessible open §_pace. 5. For building with seven or more stories, the third floor and above must be set back a minimum of 30 feet from anv residential use 6. Clear Zones: a. Clear zones are required at drivewav, street, or aIle intersections to provide adequate line of sight for drivers, bicyclists, and pedestrians as they approach intersections. The clear zone shall consist of an isosceles riaht triangle with 25 -foot sides along the property line. b. The clear zone shall not be occupied by a around floor building facade. Site and building features that are taller than 30 inches in height, including utilities, mechanical equipment, fences, and landscaping, are prohibited in the clear zone. c. Upper floors may extend over the clear zone. Awnings must maintain a vertical clearance of at least 15 feet within the clear zone. B. In addition to the above setback requirements, the following provisions shall also apply to new development projects: In order to encourage flexibility and provide an organic feel in the design and building -street interaction, there is no minimum setback requirement within the MEMU Overlay Zone, with the a ..a:,-., that all _st-IFPS _hall m at.,. ...aL.aek speeified it the pFepe abut -ting an the FeaF prelgepty line is deN,elepecl 2. Setbacks abutting public right-of-way may be further recessed from the maximum setback specified for the purpose of a public open space, dining/gathering or special entry area. These areas may not satisfy private open space requirements. 3.Setbacks abutting public rights-of-way shall be landscaped with lawn, trees, shrubs, or other plants and/or decorated as a hard surface expansion of the sidewalk. A combination of landscape and hardscape materials shall be provided as follows: a. Hardscape paving may include brick, stone, interlocking concrete pavers, textured concrete, and/or impressed patterned concrete. Hardscape elements shall also be provided when setback area is being used to satisfy publicly accessible open space areas. These elements may include, but are not limited to, seating areas, potted plant materials, water features, and public art installations. b.The balance of the setback areas shall be landscaped with turf, shrubs, or groundcover, and trees. All plant materials shall be in proportion to the height and mass of the buildin, and shall be permanently maintained. 4.8 PARKING AND ACCESS Adequate parking is necessary to service the full -range of uses permitted within a development project. In order to enhance the appearance and character of the Metro East area, parking should not be a part of the pedestrian level streetscape. The goal of the Metro East area is to provide adequate parking that encourages people to "park once" and conveniently walk to multiple destinations in the same area. Standards below reflect this concept except in the Neighborhood Transition District where parking is established at a rate that does not impact the adjacent residential neighborhood to the north. The parking standards for the MEMU Overlay Zone are designed to accommodate the wide variety of uses in the area while providing an incentive for mixed-use projects that encourage an active street life and convenient services and leisure activities for Metro East residents and visitors. A mixed-use development is defined as any development that contains more than one type of use in a building or set of buildings and contains within the development a residential component. Stand alone uses are defined as operations or uses that are not a component of an integrated mixed-use development project. Dimensions of parking spaces and drive aisles shall be consistent with SAMC Article XV, Division 1. A. Parking within the MEMU Overlay Zone shall be required for new development in each district as follows: 1. Neighborhood Transitional District a. Stand-alone residential: 2.0 spaces per residential unit, inclusive of guest parking b. Office or other permitted nonresidential uses: As required by Division 3 of Article 15, Off -Street Parking Requirements, SAMC. 2. Village Center District a. Stand-alone nonresidential Uses: As required by Division 3 of Article 15, Off - Street Parking Requirements, SAMC. b. Stand-alone Residential Uses:As required by Division 3 of Article 15, Off -Street Parking Requirements, SAMC. c. Mixed-use Developments with less than 10 percent of the gross floor area devoted to a commercial activity: A minimum of 1.8 spaces per residential or live/work unit inclusive of guest parking and any nonresidential uses. d. Mixed—use developments with 10 percent or greater of the gross floor area devoted to a commercial activity: Any development proposal that devotes 10 percent or more 'of the development's gross floor area to a nonresidential use shall be required to provide a parking study by a city approved consultant to establish an adequate parking requirement for the mixture of uses in the proposed development. In no case, however, shall a standard of less than 2.25 spaces per unit inclusive of guest parking and any nonresidential uses be established. 3. Active Urban District a. Stand-alone Nonresidential Uses: As required by Division 3 of Article 15, Off - Street Parking Requirements, SAMC. b. Stand-alone Residential Uses: As required by Division 3 of Article 15, Off -Street Parking Requirements, SAMC. c. Mixed-use Developments with less than 10 percent of the gross floor area devoted to a commercial activity: A minimum of 1.8 spaces per residential or live/work unit inclusive of guest parking and any nonresidential uses. d. Mixed-use developments with 10 percent or greater of the gross floor area devoted to a commercial activity: Any development proposal that devotes 10 percent or more of the development's gross floor area to a nonresidential use shall be required to provide a parking study by a city approved consultant to establish an adequate parking requirement for the mixture of uses in the proposed development. In no case, however, shall a standard of less than 2.25 spaces per unit inclusive of guest parking and any nonresidential uses be established. 4. Office District a. Office or other permitted nonresidential uses: As required by Division 3 of Article 15, Off -Street Parking Requirements, SAMC. B. In addition to the parking requirements above, new developments in the MEMU Overlay Zone shall provide parking in compliance with the following: 1. Guest parking at a rate of 10 percent of the total required parking spaces shall be set aside and assigned for the exclusive use of guests in any development project within the MEMU Overlay Zone. 2. All residential units shall be provided a minimum of one (1) assigned space per unit. In order to provide well-designed parking areas that enhance the pedestrian experience and adequately provide for the mixture of uses that may occur on a development site, the following standards shall be required for all new developments within the MEMU Overlay Zone: 3. Parking facilities (surface or structures) shall be located below grade, behind buildings, and/or screened from the main right of way and all active public areas, except for areas designed for and devoted to vehicular access, drop off, or valet parking. Those portions of new parking structures that face a public street shall include commercial spaces or other pedestrian oriented design features at the ground floor level. Screening of parking structures along main streets 4. Parking spaces specifically designated for nonresidential and residential uses shall be clearly marked by the use of posting, pavement markings, and/or physical separation. Parking area design shall incorporate a separation of the parking for nonresidential and residential uses, except that guest parking may be combined with nonresidential parking as long as the total required parking for the development is not reduced. 5. Driveways shall be a maximum of 24 feet wide, in order to enhance the pedestrian experience, except as required to satisfy fire and/or waste collection requirements. A maximum of one curb cut shall be permitted for each parcel with up to 150 feet of street frontage. Development sites exceeding 150 feet of street frontage shall be permitted a maximum of two curb cuts. Three curb cuts shall be permitted only if a separate residential entrance is required. 5.0 ®esian Principles The MEMU Overlay Zone establishes qualitative design principles that will be used by Staff and decision makers in evaluating proposed projects. This section establishes qualitative design standards intended to guide the developer to achieve the image and design desired for the Metro East Overlay Zone. Staff and decision makers will use these principles to review proposed development projects and determine their approval based on the extent to which the plans address the intent of the City for the area as part of the MEMU Overlay Zone Site Plan Review process. 5.1 INTEGRATED DESIGN The design of buildings, signs, landscaping, and other structures or elements shall feature a unified and integrated theme. 5.2 ARCHITECTURAL QUALITY Projects shall utilize materials, window and door systems, hardscape, softscape, and water features, and architectural details and components throughout that convey a distinct sense of endurance and quality. 5.3 ARCHITECTURAL VARIETY Projects shall utilize architectural means such as varied massing, breaks in plane, a diverse palette of high-quality materials, and changes in form, proportion and detail, as well as a variety of unit types to create variety and differentiation between and within project In order to further promote variety and interest within the project as a whole, the use of more than one architect is required for projects on development sites with an area that exceeds two (2) acres. This requirement can be met by compliance with any one of the following as approved by the Planning Manager at the time of the initial Site Plan Review: a. Architectural design is completed by two different firms b. Architectural design is peer reviewed by a second architectural firm c. Architectural design is completed by different studios within one architectural firm d. Applicant conducts an architectural design workshop with City staff in the early phase of design Street -facing building elements and massing 5.4 MASSING a. In general, project massing should be broken down into discrete building elements and components that reinforce a continuous street -facing urban block pattern. This pattern should be broken by intervening the required publicly accessible open space areas. See Section 4.5. b. Within this block pattern, individual buildings shall be massed such that individual building planes or architectural masses do not exceed one -hundred -fifty (150) feet in length. c. The design of buildings shall incorporate a variety of massing and forms to introduce variety at the ground plane and skyline of the project. 5.5 FACADES a. Street facing facades shall be architecturally enhanced through the use of arcades, colonnades, recessed entrances, window details, bays, variation in building materials, and other details such as cornices and contrasting colors. b. Building step backs at the upper level of buildings along public rights -of -ways in the Neighborhood Transitional, Village Center, and Active Urban Districts shall be provided as a means to provide building articulation. The building articulation may include private/ common open space terraces or roof decks. The minimum upper level setback area shall be 10 Ft wide (parallel to the building fagade) by 6 Ft deep. c. Buildings facades shall be articulated through the use of separated wall surfaces, contrasting colors and materials, variations in building setbacks, and attractive window fenestrations. Contrasting colors and materials d. Street facing facades shall be integrated with public plazas, mini parks, outdoor dining, and other pedestrian -oriented amenities where feasible. Street -facing ground floor elements 5.6 GROUND FLOOR USES a. Ground floor commercial or retail uses oriented to the street shall provide primary pedestrian access directly from the adjacent public street frontage. b. Ground floor commercial or retail uses oriented to the street shall incorporate the use of overhangs, awnings, or trellis work for at least 60 percent of the frontage. 5.7 COMMUNITY CONNECTIONS Project site plans shall create community connections and linkages between developments within the various Districts within the MEMU facilitate comfortable and and bicycle movements. Overlay Zone area, as well as visually interesting pedestrian a. Pedestrian- and sidewalk -oriented buildings. Projects as a whole, as well as individual building components, shall reinforce activity and pedestrian scale along adjacent sidewalks through the use of active building entries and frontages, and/or publicly accessible open space fronting the streets. Pedestrian/bicycle oriented streetscope b. Pedestrian -oriented sidewalks and streetscapes. Projects as a whole shall incorporate design and development features that facilitate pedestrian and bicycle -scale orientation at the street level. These features include, but are not limited to, street trees, improved medians with trees, widened sidewalks, pedestrian -scale lighting, integrated bicycle paths, curbside parkways, and feasible curbside parking to create a streetscape that accommodates increased and comfortable pedestrian and bicycle use. 5.8 LANDSCAPE BUFFERS a. In order to establish a strong public street and sidewalk edge, building massing shall establish variation in relationship of the building frontages to the street. Landscape buffers should be provided along driveways which are adjacent to any project which includes residential development. � Ventilation Podium parking �IIIIIII ' Podium parking screening b. Landscape buffers in addition to other screening techniques should also be provided as a means to screen trash collection areas, and above grade surface parking. 5.9 PARKING Parking areas, whether at grade or in a structure, shall be completely screened from the public street view. Above -grade parking structures shall be completely screened at the street level by architectural features including retail spaces, stoops, porches, landscaping or other pedestrian oriented design features. 5.10 ENERGY CONSERVATION -SHADE AND SHADOW Energy consumption shall be minimized using the following features where feasible: cogeneration, solar access, south facing windows with eave coverage, double glazed windows, deciduous shade trees, good ventilation, efficient lighting, and day lighting. Individual units, where possible, should be oriented such that they receive a minimum of two (2) hours of direct sunlight in major living spaces such as living rooms, dining rooms, dens, great rooms, or kitchens on the day of the winter solstice. 5.11 RESIDENTIAL UNIT SIZE An average unit size of 1,200 square feet per unit will be used as a guideline to assess the overall quality and livability of any residential units. The mix of unit sizes within a project should be more heavily weighted towards units larger than 1,000 square feet in size. - _ - _. 'Landscape screening berm ; �IIIIIII ' Podium parking screening b. Landscape buffers in addition to other screening techniques should also be provided as a means to screen trash collection areas, and above grade surface parking. 5.9 PARKING Parking areas, whether at grade or in a structure, shall be completely screened from the public street view. Above -grade parking structures shall be completely screened at the street level by architectural features including retail spaces, stoops, porches, landscaping or other pedestrian oriented design features. 5.10 ENERGY CONSERVATION -SHADE AND SHADOW Energy consumption shall be minimized using the following features where feasible: cogeneration, solar access, south facing windows with eave coverage, double glazed windows, deciduous shade trees, good ventilation, efficient lighting, and day lighting. Individual units, where possible, should be oriented such that they receive a minimum of two (2) hours of direct sunlight in major living spaces such as living rooms, dining rooms, dens, great rooms, or kitchens on the day of the winter solstice. 5.11 RESIDENTIAL UNIT SIZE An average unit size of 1,200 square feet per unit will be used as a guideline to assess the overall quality and livability of any residential units. The mix of unit sizes within a project should be more heavily weighted towards units larger than 1,000 square feet in size. 6.0 Signs Building identification and signage can be used as a creative tool to enhance the look and design of a development project. When signs are designed to complement the form and function of the building and its users, it contributes to the aesthetics of the project and aids in way finding. The City desires to encourage creative sign proposals where the standard provisions of Article XI do not well suit a particular need, situation, or circumstance. In exchange, certain signs that otherwise would be allowed by Article XI might not be allowed. Main access signage 6.1 MASTER SIGN PROGRAM Building identification and signage can be used as a creative tool to enhance the look and design of a development project. When signs are designed to complement the form and function of the building and its users it contributes to the aesthetics of the project and aids in way finding. The provisions of this section encourage creative sign proposals where the standard provisions of the sign code may not well suit a particular need, situation, or circumstance. In exchange, certain signs that otherwise would be allowed might not be allowed in the MEMU Overlay Zone. Prior to issuance of any sign permits or certificates of occupancy for any building or portion thereof, a master sign program for the entire site, including directional signs and graphics for any parking structure, shall be submitted to the Planning Commission as part of the MEMU Site Plan Review application. The purpose of the Master Sign Program is as follows: a. The primary purpose of a master sign program is to provide a mechanism by which the sign regulations established in the SAMC can be modified to ensure that signs for a uniquely planned or designed development are most appropriate for that development or area. b. A master sign program may include sign regulations that are, at the same time, both more restrictive in some respects and less restrictive in other respects than the regulations established in the SAMC. Less restrictive provisions in a master sign program may also include signs that are otherwise prohibited by the SAMC. c. Each master sign program application shall show to the Planning Commission's satisfaction why the modifications requested are warranted and how the total sign proposal for the development meets the general purpose and intent of the SAMC. Secondary access sign d. The Planning Commission shall approve, conditionally approve, or disapprove any application for a master sign program based on the signage and its compatibility with the proposed development project based on the following findings: 1. Compliance with the objectives of the MEMU Overlay Zone as specified in Section 1.2. 2. Compliance with the purpose and objectives outlined in the Citywide Design Guidelines; and 3. Compliance with the purpose and intent of Section 41-860 et seq. except for the variations specified in the Master Sign Program application. e. Applications for a Master Sign Program that are denied by the Planning Commission may be appealed to the City Council. Appeals from decision of the Planning Commission shall be processed and considered consistent with SAMC Chapter 41, Article S. 24 7.0 Compatibility/O The following standards are intended to ensure the compatibility of the mix of residential and nonresidential uses that may occur within one building or on a development site in the MEMU Overlay Zone. These standards are intended to mitigate the potential impacts that may occur as a result ,of the interface between nonresidential and residential uses within one project. Compatible design: Public open space, retail on first level, and residential uses on top 7.1 SECURITY Residential units shall be designed to ensure the security of residents through the provision of secured entrances and exits that are separate from the nonresidential uses and are directly accessible to parking areas. Nonresidential and residential uses shall not have common entrances that provide direct access to residential units. The separation of entrances shall be shown on the development plan and the separations shall be permanently maintained. 7.2 RESTRICTION ON ACTIVITIES Commercial uses shall be designed and operated, and hours of operation limited, so that neighboring residents are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries, or late night activity. There shall be no loading or unloading of trucks between the hours of 9:00 P.M. and 9:00 A.M. ional Standards 7.3 LOADING AND UNLOADING Every building involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity shall provide adequate area for the loading and unloading of vehicles, include moving vans, garbage trucks, and other delivery vehicles. 7.4 VIBRATIONS AND ODORS No use, activity, or process shall produce vibrations or noxious odors that are perceptible without instruments by the average person at the property lines of the site or within the interior of residential units on the site. VA1y1111Lo1:1111IRo1 Outdoor lighting associated with commercial uses shall not adversely impact surrounding residential uses, but shall provide sufficient illumination for access and security purposes consistent with the lighting standards in Chapter 8 of the SAMC (Security Ordinance). 7.6 WINDOWS Residential windows shall not directly face loading areas and docks. To the extent windows of residential units face each other, the windows shall be offset to maximize privacy. 8.0 Implementation This Division includes development Standards and design principles that are designed to work in concert to facilitate the vision for the long-term development of the MEMU Overlay Zone. Successful implementation of this Division requires effective and coordinated administration of these required standards and principles by professional staff on a cooperative basis with developers and property owners with the goal of expediting the entitlement/permit process for projects consistent with the plan. 8.1 MEMU SITE PLAN REVIEW BY PLANNING COMMISSION A. Any application fordevelopment subjecttothe provisions of the MEMU Overlay Zone shall require filing an application with the Planning Manager for approval of a MEMU Site Plan Review by the Planning Commission. The application and development plan shall contain the materials outlined in the Planning Division's Development Review Committee Checklist which includes but is not limited to the following materials that shall demonstrate conformance with the provisions of this section and other required sections of the SAMC: 1. A site plan consisting of architectural drawings or sketches and plot plans, all to a workable scale and fully dimensioned, showing the elevations of the proposed building or structure, off-street parking and other physical features such as trees, hydrants, poles, and other installations, and any other such information as determined necessary by the Planning Manager to fully evaluate any requirement of a building permit. 2. A landscape design plan, pursuant to the requirements of Section 41-1507, showing fully dimensioned private, common, and public open space areas. 3. A master sign program, pursuant to the requirements of Section 6. B. Upon receipt of a MEMU Site Plan Review application, the same shall be reviewed by City staff to determine conformance with the provisions of the MEMU Overlay Zone and referred to the Planning Commission for review and recommendations. The Planning Commission shall review said plans for the purpose of ensuring that buildings, structures, and grounds will be in keeping with the compatibility standards and design principles of this division, and will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the MEMU Overlay Zone. Depending on the level of conformance with the findings of the MEMU Overlay Zone, the Planning Commission may take any of the following actions: 1. Approve the development plan 2. Approve the development plan with conditions 3. Deny the development plan 8.2 FINDINGS FOR GRANTING A MEMU OVERLAY ZONE SITE PLAN REVIEW APPROVAL The Planning Commission may grant a MEMU Overlay Zone Site Plan Review approval subject to finding the following: a. That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU Overlay Zone. b. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU Overlay Zone. c. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU Overlay Zone. d. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU Overlay Zone. 8.3 CONDITIONAL USE PERMITS, VARIANCES AND MINOR EXCEPTIONS Conditional use permits, variances and minor exceptions in the MEMU Overlay Zone shall be processed and considered pursuant to SAMC Chapter 41, Article 5. 8.4 TIME LIMITS MEMU Site Plan Review shall automatically become void after two (2) years from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the MEMU Site Plan Review. City Council may, by resolution, extend the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three (3) years in total beyond the date it would otherwise become void. Acceptable action shall be considered to be actual construction, alteration, repairs and use of the structures and land. Preparation of plans, financial negotiations, or change of property owners are not considered sufficient evidence of action. 8.5 DEVELOPMENT CAPACITY MONITORING AND ENVIROMENTAL REVIEW In order to maintain conformity with the provisions of the environmental analysis completed for this project under the California Environmental Quality Act (CEQA), development capacity within the MEMU Overlay Zone shall be limited to 1.27 million gross square feet of commercial (retail and service) and 3.41 million gross square feet of office space. This corresponds to a potential net increase of 963,000 square feet of commercial, and 690,000 square feet of office space, and the potential for 5,551 residences above existing development constructed prior to March of 2007. 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Ilp U O --o U Gj o ik Lu I I Jam. \_ a II III h w c� I 2t �N 5 lQ� w w a 0 ao N q w`8 F tl� tl ¢6 p Q z N O II z �7 Z O :II O � U 7 W 2 _4_ � I I 1 ��R 4 . r. N � I I I a`I = P a a r� .• 11 I a t � '�o. ijpf; - 33S 3�M1j!20 k9 z _ O QI O O Z. Ilp U O --o U Gj o ik Lu �n 0 a a k h w c� I 2t �N 2� w w a 0 ao N q w`8 F tl� tl ¢6 p Q z N O II z �7 Z O :II O � U ~ UQy W 2 _4_ EXHIBIT 14 The Metro East Mixed Use (MEMU) Overlay Zone Subsequent Environmental Impact Report (SEIR) and technical appendices may be accessed at: Santa Ana City Hall Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 or Santa Ana Main Library 26 Civic Center Plaza Santa Ana, CA 92701 or http://santa-ana.ora/pba/planning/MetroEastMixed-UseOverlavZone Expansion. asp 75B-121 75B-122 The Metro East Mixed Use (MEMU) Overlay Zone Final Subsequent Environmental Impact Report (SEIR) and technical appendices may be accessed at: Santa Ana City Hall Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 or Santa Ana Main Library 26 Civic Center Plaza Santa Ana, CA 92701 or htto://santa-ana.orQlpba/planning/MetroEastMixed-UseOverlayZoneExpansion.asp 75B-123 75B-124 LS 8.21.18 RESOLUTION NO.2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2018-15 (SCH NO. 2006031041) AND THE MITIGATION MONITORING AND REPORTING PROGRAM; MAKING CEQA FINDINGS OF FACT; ADOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING GENERAL PLAN AMENDMENT NO. 2018-03 FOR THE PROPOSED METRO EAST MIXED USE OVERLAY ZONE EXPANSION AND AMENDMENTS PROJECT AND THE ELAN DEVELOPMENT PROJECT LOCATED AT 1660 EAST FIRST STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana (City) is requesting approval of General Plan Amendment No. 2018-03 to amend the General Plan land use designation of 53 parcels located in the existing Metro East Mixed Use (MEMU) Overlay Zone (OZ -1) and in the proposed MEMU expansion area to be consistent with the current land uses and proposed zoning designations in the MEMU project area (the "MEMU" project). B. A Subsequent Final Environmental Impact Report (the "SEIR") No. 2018- 15 (SCH No. 2006031041) was prepared for the MEMU projects. The SEIR also evaluates the environmental impacts of a separately proposed development project within the expanded MEMU area that will be considered separately by the Planning Commission after the SEIR and MEMU project have been considered and approved by the City Council. For the purpose of the SEIR, the MEMU and Elan projects are also known as the "Project." C. • The development project to be considered separately by the Planning Commission is Site Plan Review No. 2018-02 to allow a 603 -unit mixed- use development project at 1660 East First Street (the "Elan" project), subject to approval of this General Plan Amendment, and separate but related Amendment (Zone Change) and Zoning Ordinance Amendment applications. EXHIBIT C Resolution No. 2018-xx Page 1 of 13 75B-125 D. On July 23, 2018, during the 45 day public comment period, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution certifying Subsequent Final Environmental Impact Report No. 2018-15 (SCH No. 2006031041) and approving the Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of Overriding Considerations; General Plan Amendment No. 2018-03; Amendment Application No. 2018-06; and Zoning Ordinance Amendment No. 2018-02 for the Metro East Mixed Use Overlay Zone expansion and amendments project. E. The certification of the SEIR is a CEQA Determination by the City Council. The discretionary approval of the MEMU and Elan projects requires separate actions by the appropriate approving bodies. F. On August 21, 2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Subsequent Final Environmental Impact Report No. 2018-15 (SCH No. 2006031041), General Plan Amendment No. 2018-03, Amendment Application No. 2018-06; and Zoning Ordinance Amendment No. 2018-02 for the Metro East Mixed Use Overlay Zone expansion and amendments project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. G. Pursuant to the California Environmental Quality Act (Pub. Res. Code sec. 21000 at seq.; "CEQA:'), and the State CEQA Guidelines the City has determined that a Subsequent Environmental Impact Report (SEIR) should be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the proposed project. Pursuant to Public Resources Code section 21067 and the State CEQA Guidelines (Cal. Code Reg., tit. 14 Sec 15000 at seq.) section 15051, the City is the lead agency for the proposed Project. 2. In accordance with CEQA, the recommended actions have been reviewed through an SEIR. Sections 15080 through 15097, and 15162 of the State CEQA Guidelines (Article 7) guide the process for the preparation of an EIR and an SEIR. 3. The California Environmental Quality Act (CEQA) requires that, where there is the potential for environmental impacts as the result of a proposed project, an EIR be prepared in order to study and Resolution No. 2018-xx Page 2 of 13 75B-126 FA analyze any potential environmental impacts, disclose such potential impacts to the public, and mitigate such impacts to the greatest extent feasible. As such, an EIR was prepared for the original MEMU Overlay Zone in 2007 and was subsequently certified by the City Council. 4. An SEIR Is prepared when an EIR has been certified for a project and the lead agency determines that one or more of the criteria listed under Section 15162 and 15163 of the State CEQA Guidelines are met. The City has determined that an SEIR is the most appropriate environmental document due to the characterization of the proposed changes to the project that was previously approved with the certified Final EIR for the MEMU Overlay Zone in 2007. The current SEIR has been prepared pursuant to the requirements of CEQA and discloses the environmental impacts associated with implementing the proposed Project and includes mitigation measures that can reduce potential impacts to the extent possible or to below a level of significance. The proposed Project will be consistent with the prior findings in the original 2007 Final EIR certified by the City Council, and significant and unavoidable environmental impacts disclosed in the 2007 EIR would- remain for air quality, noise, and transportation/traffic. However, development of the Elan project would result in a substantial adverse change to an eligible historical resource (the now -vacant Elks Club building), which was not addressed in the 2007 EIR. As a result, preparation of the current draft SEIR was required-, and the draft SEIR analyzes and proposes mitigation for the demolition of the Elks Club building. 5. The SEIR, as required by CEQA, contains 1) an Initial Study; 2) a project description; 3) a description of the environmental setting, potential environmental impacts, mitigation measures for any significant effects, and consistency with plans and policies; and 4) names of prepares. The mitigation measures included in this SEIR are designed to reduce or eliminate the potentially significant environmental impacts described herein. The scope of the SEIR evaluates the proposed Project's effects on the following resource topics: air quality, cultural resources, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, transportation/traffic, and tribal cultural resources. 6. The City prepared a draft SEIR and published the Notice of Availability (NOA) in the Orange County Register as well as posted Resolution No. 201'8-xx Page 3 of 13 75B-127 the NOA at the Orange County Clerk's Office on June 12, 2018. The City circulated the draft SEIR for the 45 -day public review between June 12, 2018 and July 27, 2018. The draft SEIR was available for public review at the Santa Ana City Hall, the City of Santa Ana Main Library, and on the City's website. 7. During the 45 -day public review period, the City held a regularly scheduled public hearing with the Planning Commission on July 23, 2018, to receive comments regarding the draft SEIR. 8. The City received a total of nine (9) written comment letters and two (2) verbal comments during the public review period and evaluated all comments received from the persons or agencies that reviewed the draft SEIR. Pursuant to Section 15088 of the State CEQA Guidelines, the City, as the lead agency for the project, has reviewed all comments received on the document. The City provided written responses to all agencies and members of the public commenting on the draft SEIR at least 10 days prior to the City Council hearing. 9. In accordance with Senate Bill 18 (SB 18) and Government Code Section 69352.3, and Assembly Bill 52 (AB 52) and Government Code 21000, the City of Santa Ana requested a list of Tribal Organization contacts from the Native American Heritage Commission and sent notifications to the appropriate tribal organizations in January 2018 in compliance with SB 18, and again in April 2018 to comply with AB 52. No tribes requested consultation for the proposed project, and no tribal cultural resources were identified in the proposed project area. As a result, no new mitigation measures addressing cultural resources, including tribal cultural resources, were required. 10. The City has prepared a Final SEIR, consisting of comments and recommendations received during the 45 -day public review and comment period, written responses to those comments, and revisions and clarifications to the draft SEIR in response to those comments. For the purposes of this Resolution, the SEIR shall refer to the draft SEIR, including all of the technical studies and appendices to the draft SEIR, as revised by the Final SEIR's revisions, together with the other sections of the Final SEIR, including all of the technical studies, attachments, and appendices to the Final SEIR. Resolution No. 2018-xx Page 4of13 758-128 11. Findings of Fact with respect to environmental impacts, including environmental impacts identified in the Final SEIR as potentially significant, but which the City finds can be substantially lessened through the imposition of feasible mitigation measures identified in the Final SIER, are described in Exhibit A attached hereto and Incorporated herein by this reference. As a result of the environmental analysis in the SEIR, one significant impact was found from the construction of the proposed Elan project that pertains to loss of an eligible historic resource. Accordingly, the City has also prepared a Statement of Overriding Considerations in compliance with Public Resources Code Sections 21081 and CEQA Guidelines Section 15093, which finds that specific economic, legal, social, technological, or other benefits of the proposed project outweigh the significant and unavoidable impacts identified in the EIR. This Statement of Overriding Considerations is also described in Exhibit A attached hereto and incorporated herein by this reference. 12. Mitigation measures have been provided to address potential environmental impacts, with a list of these mitigation measures found within the attached Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Exhibit B and incorporated herein by this reference. Mitigation measures have been outlined to address potential impacts stemming from adoption of the original MEMU EIR and the 2018 MEMU expansion and amendments Project's SEIR. 13. All the requirements of CEQA and the State CEQA Guidelines have been satisfied by the City in the Final SEIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the proposed Project have been adequately evaluated. 14. The Final SEIR prepared in connection with the proposed Project sufficiently analyzes both the feasible Mitigation Measures necessary to avoid or substantially lessen the proposed Project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA and the State CEQA guidelines. 15. All of the findings and conclusions made by the City Council( pursuant to this Resolution are based upon the oral and written evidence presented to the City Council as a whole and not based solely on the information provided in this Resolution. Resolution No. 2018-xx Page 5 of 13 75B-129 16. Prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the Final SEIR, and all oral and written evidence presented to it during all meetings and hearings, all of which is incorporated herein by this reference. 17. The City has not received any comments or additional information that produced substantially new information requiring recirculation or additional environmental review under Public Resources Code sections 21166 and 21092.1 and State CEQA Guidelines section 15088.5. H. General Plan Amendment No. 2018-03 has been filed to amend the General Plan to change the land use designation of certain parcels located in the existing Metro East Mixed Use (MEMU) Overlay Zone (OZ -1) and in the proposed MEMU expansion area to be consistent with the current land uses and proposed zoning designations in the MEMU project area. The amendments will designate properties located in both the existing MEMU area and in the MEMU expansion area as Urban Neighborhood (UN) or District Center (DC) as shown on Exhibit C, attached hereto and incorporated herein. Currently, the land use designations of the properties are inconsistent with the proposed OZ -1 designation. This project will require amendments to the Land Use and Urban Design elements of the General Plan to designate parcels in the MEMU expansion area either UN or DC, and parcels within the existing MEMU area either UN or DC, to match current or anticipated land uses. 2. The proposed MEMU project will be consistent with several goals and policies of the 2014 Housing Element. First, the project is consistent with Goal 2, which encourages diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. Second, the MEMU project supports Goal 4 to provide adequate rental and ownership housing opportunities and supportive services. Further, the MEMU project is consistent with Policy HE -2.2 to create District Centers with high intensity, mixed-use urban villages and pedestrian -oriented experiences; and Policy HE -2.4 to facilitate diverse types, prices, and sizes of housing. The MEMU expansion and amendments project will result in an overall increase in land available for residential development and will not impact the inventory of housing Resolution No.. 2018-xx Page 6 of 13 758-130 opportunity sites needed to achieve City s 2014-2021 RHNA allocation. 3. The City Council has weighed and balanced the General Plan's policies, both old and new, and has determined that based upon this balancing that General Plan Amendment No. 2018-03 is consistent with the purpose of the General Plan. The City Council finds that the Final SEIR, prepared under City direction, reflects the independent judgment and analysis of the City Council of the City of Santa Ana. The City Council specifically finds that at this time, the Final SIER prepared for the MEMU and Elan projects accurately and completely presents adequate information upon which to base future environmental decisions about the broad effects of implementing the MEMU and Elan projects. The City Council further recommends and confirms that no new information of substantial importance showing new significant environmental effects, or a substantial increase in the severity of previously identified significant environmental effects beyond those effects analyzed in the Draft SEIR, for the MEMU and Elan projects were identified during the public comment period or during the preparation of the Final SEIR. The City Council approves of the Findings of Facts and Statement of Overriding Consideration and certifies the Final SEIR for the MEMU and Elan projects pursuant to CEQA Guidelines §15090. Section 2. Certification. The City hereby certifies that (1) the SEIR has been prepared, processed, and noticed in accordance with CEQA and the State CEQA Guidelines; (2) the SEIR was presented to the City Council and the -City Council has reviewed and considered the information contained In the SEIR prior to considering adoption of the project, and (3) the SEIR reflects the independent judgment and analysis of the City Council and is deemed adequate for the purposes of making decisions on the merits of the Project. Section 3. CEQA Findings. The City hereby adopts the CEQA Findings of Fact, which were prepared in accordance with Public Resources Code section 15091 and which are attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth herein. Section 4. Statement of Overriding Considerations. The City hereby adopts the Statement of Overriding Considerations made in connection with the approval of the Project pursuant to CEQA Guidelines Section 15091, which is attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth herein. Section 5. Mitigation Monitoring and Reporting Program. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit B and incorporated herein Resolution No. 2018 -pc Page 7 of 13 75B-131 by this reference. The City finds that the Mitigation Monitoring and Reporting Program is designed to ensure that, during the implementation of the Project, the City and any other responsible parties implement the components of the Project and comply with the mitigation measures identified in the Mitigation Monitoring and Reporting Program. Section 6. Wildlife Resources. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 7. Approvals. Based on the entire record before the City Council, all written and oral evidence presented, the CEQA Findings of Fact, the Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, all attached and incorporated herein as Exhibit A and Exhibit B to this Resolution, the City Council of the City of Santa Ana hereby: A. Adopts the CEQA Findings of Fact, adopts the Statement of Overriding Considerations, and certifies Final Subsequent Environmental Impact Report No. 2018-15, and approves the Mitigation Monitoring and Reporting Program for the MEMU Overlay Zone Expansion and Elan projects; B. Approves General Plan Amendment No. 2018-03; and, These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated August 21, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 8. Indemnification. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees ("Indemnitees"), from any and all liability, claims, actions or proceedings that may be brought against Indemnitees concerning this project or approval of the project, including without limitation any CEQA review or approval, or any of the proceedings, acts or determinations taken, done or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Resolution No. 2018 -roc Page 8 of 13 75B-1 32 Section 9. Ordinances. This Resolution shall not be effective unless and until Ordinance No. NS- (AA No. 2018-06 and ZOA No. 2018-03) becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 10. Judicial Review. These decisions rendered by the City Council of the City of Santa Ana are final and are subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. Section 11. Location of Documents and Custodian of Records. The documents and materials that constitute the record of proceedings on which the CEQA Findings in Exhibit A: of this Resolution have been based are located at 20 Civic Center Plaza, Santa Ana. The custodian for these records is the Santa Ana Clerk of the Council. This information is provided in compliance with Public Resources Code section 21081.6. Section 12. Notice of Determination. The City Council hereby directs staff to file a Notice of Determination with the County of Orange within five (5) working days of final Project approval. ADOPTED this _ day of 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: (4 . Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor 75B-133 Resolution No. 2018-xx Page 9 of 13 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Resolution No. 2018-xx Page 10 of 13 Clerk of the Council City of Santa Ana 75B-134 Exhibit A: Findings of Fact Statement of Overriding Considerations Resolution No. 2018-xx Page 10 of 12 758-135 METRO EAST MIXED-USE OVERLAY DISTRICT EXPANSION AND ELAN DEVELOPMENT PROJECTS SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FINDINGS OF FACT/STATEMENT OF OVERRIDING CONSIDERATIONS SCH #2006031041 CITY OF SANTA ANA 7513-136 Chapter 1 Introduction This document presents the Findings of Fact and Statement of Overriding Considerations that must be adopted by the City of Santa Ana (City) pursuant to the requirements of Sections 15091 and 15093, respectively, of the California Environmental Quality Act Guidelines (State CEQA Guidelines) prior to the approval of the Metro East Mixed -Use (MEMU) Overlay District Expansion and Elan Development Projects (proposed project). This document is organized as follows: Chapter 1 Introduces the Findings of Fact and Statement of Overriding Considerations. Chapter 2 Presents the CEQA Findings of the Subsequent Environmental Impact Report (SEIR), including the identified significant impacts. Chapter 3 Presents the alternatives to the proposed project and evaluates them in relation to the findings contained in Section 15091(a)(3) of the State CEQA Guidelines. The City must consider and make findings regarding alternatives when a project would involve environmental impacts that cannot be reduced to a less -than - significant level, or cannot be substantially reduced, by proposed mitigation measures. Chapter 4 Presents a Statement of Overriding Considerations that is required in accordance with Section 15093 of the State CEQA Guidelines for significant impacts of the proposed project that cannot be mitigated to a less -than - significant level. As stated in the SEIR, the MEMU Overlay Zone is a land use plan that guides the physical development within the boundaries of the Overlay Zone. It is not an implementation plan, and adoption of the Overlay Zone does not constitute a commitment to any specific project, construction schedule, or funding priority. Each development proposal undertaken during the planning horizon of the Overlay Zone must be approved individually by the City in compliance with CEQA. Therefore, the MEMU Overlay Zone is analyzed at a program level, which evaluates the effects of the implementation of the entire Overlay Zone. In addition, the Elan Development Project converges with the proposed modifications to the MEMU Overlay Zone, and represents a development proposal within the MEMU Overlay Zone expansion area that must be approved individually in accordance with CEQA. Therefore, the Elan Development Project is described in detail, and a project -level analysis of the potential environmental impacts is provided concurrently with the program -level analysis of the MEMU Overlay Zone Expansion within the SEIR With respect to other individual development projects that may be proposed during the Overlay Zone planning horizon, Section 15168(c) of the State CEQA Guidelines states that subsequent activities should be examined in light of the SEIR to determine whether additional environmental documentation must be prepared. If a later activity would have effects that were not examined in the Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 1-1 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75B-137 City of Santa Ana 1. Introduction Program SEIR, subsequent environmental documentation must be prepared, consistent with Sections 15162 through 15164 of the State CEQA Guidelines. If no new effects would occur and no new mitigation measures would be required, the subsequent activity could rely on the scope of the environmental analysis provided in the SEIR, and no additional environmental documentation would be required. As the proposed project involves a program- and project -level component, each component is discussed herein. For ease of understanding, the program -level component will be discussed first in the adjoining chapters, followed by the project -level component. Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 1-2 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75B-138 Chapter CEQA Findings 2.1 :Introduction This chapter presents the potential impacts that were identified in the SEIR and the findings that are required in accordance with Section 15091 of the State CEQA Guidelines. The possible findings for each significant and/or potentially significant adverse impact are as follows: (a) Changes or alterations have been required in, or incorporated into the project which avoid, substantially lessen, or reduce the magnitude of the significant environmental effect as identified in the SEIR ("Finding 1"). (b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency malting the findings. Such changes have been adopted by such other agency or can and should be adopted by such other agency ("Finding 2'J. (c) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives in the EIR ("Finding 3"). Table 2-1 and Table 2-2 summarize the significant unavoidable impacts of the SEIR for the Metro East Mixed -Use Overlay District Expansion and the Elan Development Project, respectively, as currently proposed for certification and adoption of the proposed project. Additional facts that support the findings are set forth in the Draft SEIR, the Final SEIR, the staff reports to the Planning Commission and City Council, and the record of proceedings. Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 2-1 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75B-139 d a y L 75B-140 i ba N N C11 z p y N F y D •ty N F E ya y G N aL. 7O d y O .O v y N> C y N y A uj d .-�. 3 N tatl > N ger o y d d L O 7 d y H E '° M N 7 a d b y d .v '5a,dLh y> 0^ r. U Hom m m E L d C w u F .Gop bD y L 'O .rw p p L 0 F b LEi O= O U y 0,13 U N 1O" F a Fes. G y w u G ow 0.N F " m p E w u F G C E L p 0 E N b G L W iJ E m •tn G A G to= G u t°. T+ $ F ..N. O O GI u Y-1 C ° o o ° m an E •� 4 N bpi tGb Q w d G N y.r-' U a0u..d G "' �v0.0 Eli M L F p O C G -0 cGa E t° w 3 p 3 p o G w M F n F M m 7. eb 00 j al 7 y 3 DD y u •c 0. ii �w�E °1° u SE'w' x'5 or ri ERRL y � p O u y0 W u p i. y N d I°. 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N vi bC p u m G N y Q w N F n c y 'ii U+r7 V F 'd O F m Y O bn m 0. > U N y C y .O u m'd 'C Y •d '� F H y 3 y O 1 N u 0.'m m w 0 y d O 'd p U 3. m d y O d y L C' dy y p y d V d .-H. y bl ti 0 C w o ,pc -o > m'F o ,d. c w w fid. p u u o 'd F F" O...d. pus m a m Vo O d m rJ ° o M10" d u u y d ta Gu W e d d U m b0.O C ❑ w a d° E m y A F m m •5 •�3 'd u u o c m a u° y F ti F c L' - d .cm. > y w 0 y �•PC `o F d 0 C o m y O y C � y FA.- 14 n.O •P^d d > x i �' d Y by u « a Y m N m u0 .NO y Cl •p X w n b N m O 75B-156 Z U y m a N of C LL •E3 a u a W .� by v O. L E L v ti C 7 A o E 3 L O w O F 'S E u O N aJ C O a y G G o C tC I w v C L' O. m L O Tr Yil �' y0 a O F d C ❑ i bap q ,Na a O jti Y G bap C .00 a ta. G Ip.. o o w 'L 'p E C u �uXO ;E3° O yO aOd'�pGa m'Opv p,bud 'O u Cnl u C � U 7L u t3 O 7 to bD v l u u C .p `O ci OD m T I a N C a F u k O a C y G 7 O bu C nl y .0 a v1 p O a a C ?� O •w y u m by A w by 'L ? CY G u > o acv E o E °v o I ao d�� L a r�ON m y 00 N C O r W C y 0 bap y 0. O N' y G L m G u 0. CD N b A rn O d a p m v a I R u O �' G 'O w y o� .� ... N D a u c u u 3 al'iX? E^� a ".° o Eau-' a ovv pi0i..aL• u ax a 9 u N N u all F P nt .Ou Y O a u Y C by m �° G o Lp o> E m y 3 0 3 b E u v E d a' 0,0 cp naa n°aoaa°> �°�up a° n�°dmv 0Up-dmw G E wo c v m y G F H a A G 7 7 G b w ta. '� v u 7 l o. l ta. E tau. 'J b Ly F I m 0 a l Or_ nl I m a' G F G u C C F d y P. F. le u L 'O 'L d to N C v o a y o v L L a u. m aai pui A w A u !3 u p u o a Lp f^9 ,�u U u _9% N 3 3 h" a m 'p N m vC~C i `al tU. 'C tN. C a �y l•RV -' O �' a' ' o m G a '7 L G G y Jp b N nt X b0 Ila. a G i u V F4 bD O by 7 G 7 0 a a u i I ^' u : 0 C4 m W O a v o cu bo o c 2 o vai G u tL O i7 y co CD by U u v t O O a Y T a G ❑ `o �p .ai Ib G Q F a a U N p v CO o d' 3 • m rj �' u mL � �.� d. V u G a i.l U La G m E ClU O i 75B-157 \ ; / & ]33=) e9k} @lean§'\;- NI §m�M$§ m«}wk mgi222Gef[ 7Ag«lge2)� 2ma;�)f)k W \ 75B.158 \) Chapter 3 Findings Regarding Project Alternatives 3.1 Introduction As stated in the MEMU SEIR, the original Final Environmental Impact Report (EIR) for the MEMU Overlay Zone (SCH No. 2006031041) prepared in 2007 examined a range of alternatives that would substantially lessen at least some of the significant impacts associated with implementation of the proposed project, while still meeting the project objectives. A final determination with respect to whether to proceed with the proposed project or accept or reject any of the alternatives was provided in the findings as part of certification of the Final MEMU EIR. The proposed MEMU Overlay Zone expansion area would result in essentially the same significant impacts as were identified for the proposed project in the MEMU EIR. Therefore, the range of alternatives identified and analyzed are applicable to the modification of the project in this SEIR. The SEIR also considered three scenarios representing a range of reasonable alternatives for the Elan Project. Pursuant to Section 15126.6(a) of the State CEQA Guidelines, the primary intent of an alternatives evaluation is to "describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives." This chapter describes the project objects and design criteria used to develop and evaluate project alternatives presented in the Draft SEIR. A description of the alternatives compared to the proposed project and the Findings regarding the feasibility of adopting the described alternatives is presented for use by the City in the decision-making process. 3.2 Project Objectives The following objectives were developed for the MEMU Overlay District Expansion and the Elan Development Projects. 3.2.1 MEMU Overlay District Expansion Objectives The overall objectives of the Overlay Zone are to encourage a more active commercial and residential community, provide an expanded economic base, maximize property sales tax revenues, improve, the jobs/housing balance within the City, and provide for a range of housing options identified in the 2014 Housing Element. Expansion of this Overlay Zone would extend the same objectives into the new area, and implementation of the Overlay Zone is intended to fulfill the following major objectives: • Create an active, mixed-use urban village where it is possible to live, work, shop, and play all within a short walk of each other. Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 3-1 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 7513-159 City of Santa Ana 3. Findings Regarding Project Alternatives • Facilitate well-designed new mixed-use development projects that combine residential and nonresidential uses through innovative and flexible design solutions. • Achieve the harmonious integration of new mixed-use development within the existing fabric of the mid -rise and high-rise office environment. • Encourage urban form and architecture that incorporate contemporary design styles and solutions as well as the use of sustainable building and site design concepts such as green buildings, energy -conserving building materials, and landscaping designs that reduce water consumption. • Create highly amenitized streetscapes that provide items such as landscaping, street furniture, niche or linear parks, passive and active water features, public plazas and courtyards, public art, and public transportation shelters in a design that integrates the public tealm with the private development and serves to create a distinct identity for the district. • Provide for adequate buffering from the Santa Ana and Costa Mesa freeways. • Create a highly integrated pedestrian system that provides for connectivity between the residential areas and public recreation amenities to the north and the Overlay Zone. • Provide for active street life through the inclusion of dedicated pedestrian -oriented design and active uses on the ground floor at strategic locations. • Provide for a mix of housing in order to encourage a continuum of living and a variety of household types. Ensure that each project includes exceptional site planning, unique architecture, high-quality building materials, extensive open space, indoor and outdoor amenities, and first-rate public improvements. • Encourage parking solutions that provide for adequate parking to ensure the long-term quality of the project, but that are creative in their design thereby enhancing the area's urban form. Parking requirements are designed to create a level of scarcity that will discourage vehicle trips, increase pedestrian activity, and enhance the provision of high-quality building and site design. • Facilitate project designs that encourage adequate amounts of retail or commercial space to service residents and/or employees within the development and the larger Overlay Zone. • Allow for the development of varied residential types in a mixed-use configuration including, but not limited to, loft -style units, live/work units, attached row houses, and high-quality stacked flats. • Provide adequate access for public safety services. • Stimulate investment and reinvestment in the area through the provision of a comprehensive planning framework that facilitates private -market success. 3.2.2 Elan Development Project Objectives The Elari Development Project is intended to implement some of the objectives of the MEMU Overlay District Expansion. Its primary objectives include the following: Metro East Mlxed-Use Overlay District Expansion and Elan August 2018 Development Projects 3.2 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75B-160 city of Santa Ana 3. Findings Regarding Project Alternatives • Facilitating new high-density housing opportunities and commercial opportunities within the City. • Providing new mixed-use development that combines residential and commercial components. • Encouraging live/work opportunities within a mixed-use environment. • Ensuring high-quality architectural features as part of the site planning process. • Providing exceptional public open space and amenities for existing and future residents. • Developing adequate parking that maximizes space and minimizes visual screening. • Activating First Street at a key gateway intersection into the City. • Redeveloping a vacant and blighted site/area. 3.3 Selection of Alternatives The range of feasible alternatives was selected and discussed in a manner to foster meaningful public participation and informed decision-making. Among the factors that were taken into account when considering the feasibility of alternatives (as described in State CEQA Guidelines Section 15126.6[£] [1]) were environmental impacts, economic viability, availability of infrastructure, regulatory limitations, jurisdictional boundaries, and attainment of project objectives. As stated in Section 15126.6(a) of the State CEQA Guidelines, an EIR need not consider an alternative whose effects could not be reasonably identified, whose implementation is remote or speculative, or that would not achieve the basic project objectives. The analysis includes sufficient information about each alternative to provide meaningful evaluation, analysis, and comparison with the proposed project. 3.4 Project Alternatives Findings The following describes the alternatives evaluated in comparison to the proposed project, as well as the specific economic, social, or other considerations that make them infeasible for avoiding or lessening the impacts. The City finds that the adoption of any of the alternatives to the project is infeasible. The reasons for each finding are provided following the description of the alternative, and are further described in the Draft SEIR. 3.4.1 MEMO Overlay District Expansion Alternatives (Program - Level) As discussed in Chapter 1, Introduction, above and in Chapter 6, Alternatives, of the Draft SEIR, the original Final EIR for the MEMU Overlay Zone (SCH No. 2006031041) prepared in 2007 examined a range of alternatives that would substantially lessen at least some of the significant impacts associated with implementation of the proposed project, while still meeting the project objectives. A final determination with respect to whether to proceed with the proposed project or accept or reject any of the alternatives was provided in the findings as part of certification of the Final MEMU EIR. Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 3-3 ICF 19.18 Findings of Fact/Statement of overriding Considerations 7513-161 Cityof Santa Ana 3. Findings Regarding Project Alternatives Ultimately, three scenarios representing a range of reasonable alternatives were selected for detailed analysis and carried forward in the MEMU EIR: • Alternative 1- No Project/Reasonably Foreseeable Development (Continuation of Existing General Plan): Under this alternative, development in the project area would occur under the existing General Plan and zoning designations. • Alternative 2 - Higher Intensity Commercial Project: This alternative would permit a higher intensity of commercial development and a corresponding decrease in residential density for projects proposed within the Overlay Zone relative to the proposed overlay plan. This alternative would reduce the number of residences (by approximately half) and increase employment opportunities as a result of more commercial/office sues. Alternative 3 - Reduced Project: This alternative would allow development at a maximum Floor Area Ratio (FAR) of 1.25 for each developable parcel within the Overlay Zone without consideration of residential density. The anticipated mix of commercial, office, and residential land uses would be identical to the proposed project; however, a maximum FAR would be established that would limit development potential and, therefore, density and height. Under this alternative there would be no differentiation between different areas (districts) in the Overlay Zone. The 2007 MEMU EIR found that each of these alternatives would reduce some potential impacts. Alternative 1 would achieve some of the project objectives, but would not achieve others (or would achieve them to a lesser degree than the proposed project). Alternative 2 would achieve all of the project objectives, similar to the proposed project Alternative 3 would achieve some of the project objectives, but would not improve the jobs/housing balance within the City to the level provided by the proposed project. An EIR must identify the environmentally superior alternative to the proposed project from among the range of reasonable alternatives. This would ideally be the alternative that results in few significant and unavoidable impacts. State CEQA Guidelines Section 15126(d) (2) states that if the environmentally superior alternative is the no project alternative, the EIR shall also identify an environmentally superior alternative from among the other alternatives. Alternative 1 does not reduce any of the proposed project's significant impacts to less -than - significant levels; however, it does lessen the severity of many of the impacts. Similarly, Alternatives 2 and 3 would reduce the potential impacts of the proposed project, although not to the same degree as Alternative 1. Alternative 1 would therefore be environmentally superior as it would reduce significant impacts associated with air quality, noise, and transportation. The proposed MEMU Overlay Zone expansion area would result in essentially the same significant impacts as were identified for the proposed project in the 2007 MEMU EIR. Therefore, the range of alternatives identified and analyzed are applicable to the modification of the project in this SEIR As discussed above, Alternatives 1, 2, and 3 would each achieve at least some of the project objectives and would reduce the severity of some potential impacts. However, none of these alternatives would reduce significant impacts to less -than -significant levels. Alternative 1 would remain the environmentally superior alternative as it would reduce significant impacts associated with air quality, noise, and transportation. Thus, the findings from the 2007 MEMU EIRTor each'of these alternatives are applicable to the proposed project and are included below. Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 3-4 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75B-162 City of Santa Ana 3. Findings Regarding Project Alternatives Findings for Alternative 1: No Project/Reasonable Foreseeable Development Alternative (Continuation of Existing General Plan) The City hereby finds that the No Project/No Development Alternative is infeasible for the following environmental, economic, social, and other considerations: • Would not create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other. - • Would not facilitate well-designed new mixed-use development projects that combine residential and non-residential uses through innovative and flexible design solutions. • Would not achieve the harmonious integration of new mixed-use development within the existing fabric of the mid -rise and high-rise office environment. • Would not create highly-amenitized streetscapes that provide items such as landscaping, street furniture, niche or linear parks, passive and active water features, public plazas and courtyards, public art and public transportation shelters in a design that integrates the public realm with the private development and serves to create a distinct identity for the district. • Would not create a highly -integrated pedestrian system that provides for connectivity between the residential areas and public recreation amenities to the north and the Overlay Zone. • Would not provide for active street life through the inclusion of dedicated pedestrian -oriented design and active uses on the ground floor at strategic locations. • Would not provide for a mix of housing in order to encourage a continuum of living and a variety of household types. • Would not allow for the development of varied residential types in a mixed-use configuration including, but not limited to, loft -style units; live/work units, attached row houses, and high- quality stacked flats. Findings for Alternative 2: Higher Intensity Commercial Project The City hereby finds that the Higher Intensity Commercial Alternative is infeasible for the following environmental, economic, social, and other considerations: • Would not create an active, mixed-use urban village where itis possible to live, work, shop and play all within a short walk of each other to the extent of the proposed project. • Would not provide for a mix of housing in order to encourage a continuum of living and a variety of household types'to the extent of the proposed project. • Would not allow for the development of varied residential types in a mixed-use configuration including, but not limited to, loft -style units, live/work units, attached row houses, and high- quality stacked flats to the extent of the proposed project. Findings for Alternative 3: Reduced Project The City hereby finds that the Reduced Project Alternative is infeasible for the following environmental, economic, social, and other considerations: Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 3-5 - ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75B-163 .City of Santa Ana 3. Findings Regarding Project Alternatives • Would not create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other to the extent of the proposed project. • Would not achieve the harmonious integration of new mixed-use development within the existing fabric of the mid -rise and high-rise office environment due to the reduced development intensity compared to the proposed project • Would not create a differentiation between different areas of the Overlay Zone. • Would not provide for a mix of housing in order to encourage a continuum of living and a variety of household types to the extent of the proposed project. • Would not facilitate project designs that encourage adequate amounts of retail or commercial space to service residents and/ or employees within the development and the larger Overlay Zone. • Would not allow for the development of varied residential types in a mixed-use configuration including, but not limited to, loft -style units, live/work units, attached row houses, and high- quality stacked flats to the extent of the proposed project. 3.4.2 Elan Development Project Alternatives As shown below and in Chapter 6, Alternatives, of the Draft SEIR and Chapter 3, Clarifications and Modifications to the DraftSElR, of the Final SEIR, four alternatives were evaluated in comparison to the Elan Development Project The environmental advantages and disadvantages of each of these alternatives are described. The following alternatives were selected for analysis: • Alternative Ela: No Project/No Development: Under this alternative, no changes to the proposed project site would occur. Physical conditions at the site would remain in their current state. • Alternative Elb: No Project/Existing General Plan and Zoning: Under this alternative, the proposed mixed use development would not be constructed. Rather, the project site would be developed in a manner consistent with its existing zoning and General Plan land use designation. This alternative provides an analysis of the type of development and impacts that would be expected to occur if the site were used solely for general commercial uses, and did not include any mixed uses. • Alternative E2: Alternative Site: This alternative would involve development of the Elan Development Project on an alternative site within the MEMU Overlay Zone expansion area. • Alternative E3: Reduced Project/Reduced Site: This alternative considers avoiding demolition of the existing Elks Lodge building and instead focusing development to the northern one-third of the site (approximately 2 acres). Alternatives Considered but Eliminated from Further Evaluation Alternative E2: Alternative Site would involve development of the Elan Development Project on an alternative site within the MEMU Overlay Zone expansion area. The City and applicant have explored other sites within the existing and expanded MEMU Overlay Zone that could potentially accommodate a similar project Based on recent searches, no other comparable sites are available Metro East Mitred -Use Overlay District Expansion and Elan August 2018 Development Projects 3-6 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75B-164 City of Santa Ana 3. Findings Regarding Project Alternatives that could accommodate a development similar to the Elan Project Therefore, this alternative has been rejected from further consideration. Alternative E3: Reduced Project/Reduced Site considers avoiding demolition of the existing Elks Lodge building and instead focusing development to the northern one-third of the site (approximately 2 acres). Therefore, this alternative would essentially reduce the project by two- thirds, yielding a potential development of approximately 200 residential units and approximately 2,800 square feet of commercial uses on the ground floor. All impacts associated with the proposed Elan Project would be reduced, including air quality, traffic, and noise, as well as the significant and unavoidable cultural resources impact associated with demolition of the Elks Lodge building. However, as noted above, the Elks Lodge operations are moving out of the existing building to a new facility, which could result in the building falling into disrepair if not maintained or re -occupied with another use. This alternative is not considered feasible because it would render the proposed Elan Development Project physically unable to meet the development standards of the MEMU Overlay District for mixed-use projects on a small portion of the entire development site. It would be very difficult to disguise the parking (underground or wrap) and build a mixed-use building with all of the frontage, setbacks, open space, and other development standards on the remaining lot. This alternative would also not achieve many of the project objectives, including, but not limited to, facilitating well- designed new mixed-use development projects through innovative and flexible design solutions, achieving harmonious integration of new mixed-use development, creating extensive outdoor amenities, or creating creative parking solutions that enhance the area's urban form. A smaller project on the northern one-third of the site, combined with the existing surrounding development and the remaining Elks Lodge building, would result in design challenges that do not achieve the City's desired planning objectives. For these reasons, this alternative has been rejected from further consideration. Alternative Ela: No Project/No Development Under the No Project/No Development Alternative, development of the Elan Project would not occur. The existing site would remain in its current state—the northern one-third of the property would remain vacant and undeveloped, and the Elks Lodge building would remain intact on site. As part of a separate project, the Elks Lodge operations are moving their operations to a new 52,720 - square -foot facility at 1701 East Saint Andrew Place in Santa Ana. Therefore, the Elks Lodge building would be vacated and could fall into disrepair if not maintained or re -occupied with another use. All impacts associated with the proposed Elan Project would be avoided, including the significant and unavoidable cultural resources impact associated with demolition of the Elks Lodge building. Findings The City hereby finds that the No Project/No Development Alternative for the Elan Development Project is inferior to the proposed project because it would not meet any of the objectives of the Elan Development Project. Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 3-7 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75B-165 City of Santa Ana 3. Findings Regarding Project Altematives Alternative Eib: No Project/Existing General Plan and Zoning Under the No Project/Existing General Plan and Zoning Alternative, development of the Elan Project Would not occur. Instead, it may be reasonably foreseeable that that site could be developed according to the existing General Plan and Zoning. The existing General Plan designation is GC (General Commercial), and the site is zoned C2 (General Commercial). The combined GC land use designation and C2 zoning would allow for a variety of retail and service uses, professional, administrative and business offices, parking lots and structures, automobile sales, and various other commercial uses. The site could be developed with a floor area ratio (FAR) densityof O.S. At 6.4 acres, this would equate to approximately 278,784 square feet of commercial uses. Using the same trip rates for retail/commercial uses (shopping center) as presented in the Traffic Study for the Elan Project (Appendix G2 of the Draft SEIR), this alternative could generate 11,904 daily trips (approximately 270 AM peak hour trips and approximately 1,039 PM peak hour trips). Compared to the 4,648 net project trips for the Elan Project, this represents an increase in vehicle trips by a factor of more than 2.5. Compared to the proposed Elan Project, in addition to increased traffic impacts, this alternative would result in increased air quality emissions, increased GHG emissions, and increased noise. Additionally, this alternative would not reduce or avoid the significant and unavoidable cultural resources impact associated with demolition of the Elks Lodge building. This alternative would also not achieve many of the project objectives, including, but not limited to, facilitating well-designed new mixed-use development projects through innovative and flexible design solutions, achieving harmonious integration of new mixed-use development, creating extensive outdoor amenities, or providing new high-density hours and live/work opportunities within a mixed-use environment. Findings The City hereby finds that the No Project/Existing General Plan and Zoning Alternative is inferior to the proposed project because in addition to increased traffic impacts, this alternative would result in increased air quality emissions, increased GHG emissions, and increased noise. Additionally, this alternative would not reduce or avoid the significant and unavoidable cultural resources impact associated with demolition of the Elks Lodge building. This alternative would also not achieve many of the project objectives, including, but not limited to, facilitating well-designed new mixed-use development projects through innovative and flexible design solutions, achieving harmonious integration of new mixed-use development, creating extensive outdoor amenities, or providing new high-density hours and live/work opportunities within a mixed-use environment Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 3-8 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 75B-166 Chapter 4 Statement of Overriding Considerations 4.1 Introduction Section 15093 of the State CEQA guidelines states: (a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects maybe considered "acceptable." (b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reason to support its actions based on the final EIR and/ or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. The City of Santa Ana proposes to adopt a Statement of Overriding Considerations regarding the potential unavoidable significant impacts of the proposed project. This section describes the anticipated economic, social, and other benefits or other considerations of the proposed project to support the decision to proceed with the project even though all of the identified impacts are not mitigated to a less -than -significant levels. 4.2 Unavoidable Significant Adverse Impacts The City is proposing to approve the proposed project, with reductions and revisions to reduce environmental impacts, and has prepared a SEIR required by CEQA. Even with reductions and revisions in the project, the following impacts are unavoidable because it has been determined that no feasible mitigation is available. Refer to Chapter 2, CEQA Findings, for further clarification regarding the impacts listed below. Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 41 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 7513-167 City of Santa Ana 4. Statement of Overriding Considerations 4.3 Metro East Mixed -Use Overlay Zone Expansion (Program -Level) Air Quality Impact 4.1-1 Construction activities associated with the proposed project would exceed South Coast Air Quality Management District Standards for VOC and NOx, and would result in a projected air quality violation. Impact 4.1-2 Operation of the proposed project would exceed South Coast Air Quality Management District standards for VOC, NOW CO, PM10, and PM2.5 and would result in a projected air quality violation. Impact 4.1-3 Construction and operation of the proposed project could result in a cumulatively considerable net increase of criteria pollutants for which the proposed project region is in nonattainment under an applicable federal or state ambient air quality standard. Cumulatively, the proposed project would also have significant and unavoidable impacts with regards to the above-mentioned impacts. Greenhouse Gas Emissions Impact 4.3-1 Development of the proposed project would result in a net increase in emissions over existing conditions and would be considered a significant impact Cumulatively, implementation of the proposed project would also result in a significant and unavoidable impact with regards to the above-mentioned impact Noise Impact 4.7-4 Construction activities associated with the proposed project could generate or expose persons or structures to excessive groundborne vibration: Impact 4.7-5 Operation of the proposed project would generate increased local traffic volumes that would cause a substantial permanent increase in ambient noise levels in the project vicinity.. Cumulatively, the proposed project would also have significant and unavoidable impacts with regards to construction -period groundborne vibration. Traffic/Transportation Impact 4.8-1 Implementation of the proposed project would cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Impact 4.8-2 Implementation of the proposed project would exceed standards established by the Orange County Transportation Authority within the Study Area. Metro East Mixed -Use Overlay District Expansion and Elan August 2018 Development Projects 4-2 ICF 19.18 Findings of Fact/Statement of Overriding Considerations ' 7513-168 City of Santa Ana 4. statement of Overriding Considerations Cumulatively, the proposed project would also have significant and unavoidable impacts with regards to the above-mentioned impacts. 4.3.1 Short -Term Impacts Of the eight significant unavoidable impacts directly attributable to the proposed project and associated cumulative impacts, as identified above, none would be classified as short-term. Because this document is programmatic in nature and would be used to guide future development and subsequent environmental analysis within the City, potential short-term impacts will be analyzed during specific projects CEQA review. 4.3.2 Long -Term Impacts Of the eight significant unavoidable impacts directly attributable to the proposed project and associated cumulative impacts, as identified above, all of the aforementioned impacts are considered long-term. 4.4 Elan Mixed -Use Development (Project -Level) Cultural Resources Impact 4.2-E1 Development of the Elan Development Project would result in a substantial adverse change to a historical resource. The Santa Ana Elks Lodge was been found eligible for listing in the California Register of Historical Resources and the Santa Ana Historic Property Register, and is considered a historical resource under CEQA. Noise Impact 4.7-E4 Construction activities associated with the Elan Development Project could generate or expose persons or structures to excessive groundborne vibration. 4.4.1 Short -Term Impacts Of the two significant unavoidable impacts directly attributable to the Elan Development Project, all would occur during construction activities and would be considered short-term. 4.4.2 Long -Term Impacts Of the two significant unavoidable impacts directly attributable to the Elan Development Project, none of the aforementioned impacts are considered long-term. Metro East Mixed -Use Overlay District Expansion and Elan August 2018 - Development Projects 4-3 ICF 19.18 Findings of Fact/Statement of Overriding Considerations 7513-169 City of Santa Ana 4.5 Findings 4. Statement of Overriding Considerations As presented in Chapter 2, CEQA Findings, the City has evaluated all significant and unavoidable impacts and has analyzed all feasible mitigation measures and project revisions, and determined that economic, social, or other considerations make infeasible the mitigation measures or project alternatives in the EIR. 4.6 Overriding Considerations Specific economic, social, or other considerations outweigh the impacts stated above. The reasons for proceeding with the proposed project, even though all of the identified impacts are not fully mitigated to a less -than -significant level, are described below. 1. Building upon the success of the original 2007 MEMU Overlay Zone adoption and expanding it westward to create additional opportunities for mixed-use development. 2. Expansion of the Overlay Zone further increases opportunities for employees to live in proximity to their jobs reducing the number and length of vehicle commutes. Expansion of the Overlay Zone also provides for the conversion of retail and office properties for mixed-use residential purposes, allowing for the originally proposed increase of 5,551 residential units to be spread over a larger area. 3. The proposed project emphasizes the development of mixed-use structures that integrate housing with ground level retail and office uses. In addition to providing opportunities for residents to live closer to their jobs [live/work and other facilities), residents would be located closer to retail, commercial services, and entertainment. Additionally, locating residents in proximity to commercial uses increases the customer base and economic activity of businesses, provides an "eyes -on" mixed-use community that improves public safety, and increases pedestrian activity within the area. 4. Expansion of the Overlay Zone also provides the same development and design guidelines that will maintain and enhance the character of the expansion area. It provides for management of the design and scale of new structures within the Overlay.Zone to preserve and enhance their character and quality. It also distinguishes pedestrian- from automobile -oriented commercial districts by regulating the location and design of sidewalk fronting, building elevations, location of parking, and implementation of streeltscape amenities in the latter. Metro East Mixed -Use Overlay District Expansion and Elan August205 Development Projects 4-4 ICF 19.19 Findings of Fact/Statement of Overriding Considerations 75B-170 Exhibit B: Mitigation, Monitoring, and Reporting Program (MMRP) Resolution No. 2018-xx Page 11 of 12 75B-171 MITIGATION MONITORING AND REPORTING PROGRAM FOR THE METRO EAST MIXED-USE OVERLAY DISTRICT EXPANSION AND ELAN b DEVELOPMENT PROJECTS PREPARED FOR: City of Santa Ana, Planning and Building Agency 20 Civic Center Plaza, M20 Santa. Ana, CA 92701 Contact: Ali Pezeshkpour, AICP, Senior Planner (714) 647-5882 PREPARED BY: ICF 49 Discovery, Suite 250 Irvine, CA 92618 Contact: Chad Beckstrom, AICP (949) 333-6625 August 2018 75B-172 ICF. 2018. Mitigation Monitoring and Reporting Program for the Metro East Mixed -Use Overlay District Expansion and Elan Development Projects. August. (ICF 0019.18.) Irvine, CA. Prepared for City of Santa Ana, CA. 75B-173 Mitigation Monitoring and Reporting Program Introduction The California Public Resources Code, Section 21081.6, requires that a lead or responsible agency adopt a mitigation monitoring and reporting program (MMRP) when approving or carrying out a project when an environmental impact report (EIR) identifies measures to reduce potential adverse environmental impacts to less -than -significant levels. An EIR has been prepared for the project that addresses the potential environmental impacts, and, where appropriate, recommends measures to mitigate these impacts. As such, an MMRP is required to ensure that the adopted mitigation measures are implemented successfully. As lead agency for the proposed project, the City of Santa Ana (City) is responsible for adoption and oversight of the MMRP. This document plan lists each mitigation measure, describes the methods for implementation and verification, and identifies the responsible party or parties. Project Overview The City is proposing to expand the boundaries of the existing approximately 200 -acre Metro East Mixed Use (MEMU) Overlay Zone by an additional 33.52 acres, while maintaining the potential development capacity in place. Additionally, the City is considering an application within the expanded MEMU boundaries for the development of a mixed-use project featuring 603 residential apartments and approximately 8,500 square feet (so of commercial space on the old Elks Club site at the corner of Lyon and First Street (Elan Project). The MEMU Overlay zoning document would also be updated to refine development standards and allowable land uses. Together these proposals constitute the "proposed project" The City actions required to approve the proposed project include the following: • Certify the SEIR and adopt the Mitigation Monitoring and Reporting Program. • Approve the General Plan Amendment. • Approve the Zone Change. Monitoring and Reporting Procedures The MMRP for the proposed project will be in place through all phases of the project, including design, construction, and operation. The City will be responsible for administering the MMRP and ensuring that all parties comply with its provisions. The City may delegate monitoring activities to staff, consultants, or contractors. The City will also ensure that monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to rectify problems. Metro East Mlxed-Use Overlay District Expansion and Elan Development Projects 75B-174 Iff00D19.18 City of Santa Ana Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Implementation Due to the program- and project -level components of this SEIR, the MMRP has been divided into two parts to address each component separately. The mitigation measures that pertain to implementation of the MEMU Overlay District.Expansion and their methods of implementation are listed in Table 1. The mitigation measures, which include several mitigation measures from the program -level component, that pertain to the Elan Development Project are listed in Table 2. Certain inspections and reports may require preparation by qualified individuals, and these are specified as needed. The timing and method of verification for each measure are also specified. It should also be noted that where applicable, mitigation measures from the 2007 Final MEMU EIR were carried forward into this SEIR, and, for some impacts, new mitigation measures were developed (highlighted gray in the tables below). Mitigation measures carried forward from the 2007 Final MEMU EIR maintained their original numbering and naming convention from the MEMU ' EIR and begin with"MM-OZ" in this MMRP. 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C L E O d O �p py C O° M p U p p 0 y S F O y �„ A y L •O d Y m G ba0-0 � 'p .0 5 •axCCt q 7. tF •p O �. ` ai �. w y 'O •E F N T3 urm a Q'ti o y m °�t01�' OZ F ma c a°i u v 3 u y 3 060 7 O C — W + N O •p A i O G 'O L U m t0 0vD b vp—w°03 w0.E ucv Ea 75B-178 F N N U v F v u r ♦ f0 d m u ^ Q � A p F m F U b p L O u A •C F o m m 3 b C •„°•nwc�m G ay7' C N u F •• C C F u F {ya ` u t1 p U d U O'il y .p a d F m o > P d FB t O L O d 7 y w H c b c w O r v°Ebyua •� o o m 'C � l+' A p G > U N N m m ^ C R Ry y C R G O G O y >> O° 7 i N J7 � O > •O L , N R L F 7 F F v y 0. •00 i u i0. ry p O g .y 1S xt E b C G u 41 13 N,d > i •�. R. q u �`• u b0 O W u m 0 > u d R �bD O R a N F y 40^. m o S v u C eD 7 F �• O C u �' ° n° c .° ° ° g F aE ° ° v F q >� 5 •yt7 v W N p C O 0 F ti 3y�owGa •T,uon u G E: y m C O ° O T7 F b0 O y d N U tE F 3 v o= a g F F L ° w O �N•C 10 O'•^ Y-' �i C A u5 .� g E D G 0 N p •C 7 N O U O N .++. C i7 N 'Cmm ,A y G G v 0.I. G 'Y°. C L E O d O �p py C O° M p U p p 0 y S F O y �„ A y L •O d Y m G ba0-0 � 'p .0 5 •axCCt q 7. tF •p O �. ` ai �. w y 'O •E F N T3 urm a Q'ti o y m °�t01�' OZ F ma c a°i u v 3 u y 3 060 7 O C — W + N O •p A i O G 'O L U m t0 0vD b vp—w°03 w0.E ucv Ea 75B-178 O N N N ry p O g .y 1S xt E b C G u 41 13 N,d > i •�. R. q u �`• u b0 O W u m 0 > u d R �bD O R a N F y 40^. m o S v u C eD 7 F �• O C u �' ° n° c .° ° ° g F aE ° ° v F q >� 5 •yt7 v W N p C O 0 F ti 3y�owGa •T,uon u G E: y m C O ° O T7 F b0 O y d N U tE F 3 v o= a g F F L ° w O �N•C 10 O'•^ Y-' �i C A u5 .� g E D G 0 N p •C 7 N O U O N .++. C i7 N 'Cmm ,A y G G v 0.I. G 'Y°. 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Q,E 01 u a FCo N V C FC woFS au L°y mEu :j o U C F X y V u d 3 i0 O F F m q o 01 .�Gp. m V m � � y •C y ,a+ 7 t' V w at 10 L� A O •C N u -. .ba C m C E L i m bo OD C C C O d a y5 C to '� m E u u uba p IQa DO ~ •• •r L L u V .Ti C O CF L E O '0 cco°c IF0 m 0 s4 N 1'f 1 R.G. 75B-209 M�i m V L Exhibit C: General Plan Amendments Resolution No. 2018-xx Page 12 of 12 75B-21 U City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division Adopted February 2, 1998 (Reformatted January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plaa land Use Element adopted by the Santa Ana City Council February 2, 1998 (GPA 1997- 05): GPA 2018-01(August 21, 2018) . GPA 2011-03 (March 19, 2012) GPA 2005-02 (October 17, 2005) GPA 2001-02 (Ja may 7, 2002) GPA 2018-02 (May 15, 2018) GPA 2011-02 (June 6, 2011) GPA 2004.01 (Ara S. 2005, as passed by GPA 2000-09 (May 7, 2001) GPA 2016-01(May15, 2016) GPA 2010-01 (June 7, 2010) the voters of Santa Ana) GPA 2000-00(February5, 2001) GPA 2017-02 (December 19,2017) GPA 20011-02 (July 20, 2009) GPA 20114-04 (July 19, 2004) GPA 2000-03(Deomber4,2000) GPA 2017-01 (June 20, 2017) GPA 207-03 (May 18, 2009) GPA 204-06 (July 6, 2004) GPA 2000-02(November 20, 2000) GPA 2016-03 (February 21, 2017) GPA 2008-01 (May 6, 2008) GPA 200342 (June 16, 2003) GPA 199902 (October 18, 1999) GPA 201602 (May 17, 2016) GPA 2004-03 (February 2, 2009) GPA 20113-01(February18, 2003) GPA 199MI (August 16,1999) GPA2016-01(Apol 19, 2016) GPA 2007-02 (June 18, 2007) GPA 2002-01(September3, 2002) GPA 1998-04 (October 5. 1998) GPA 201503 (February 2, 2016) GPA 20U-01(March 19, 2007) GPA 2002-03 (August 19, 2002) GPA 1998-05 (September 21.1998) GPA 2014-02 (October 21, 2014) GPA 200601(October 2, 2000 GPA 2001-03(February 19, 2002) GPA199801(May 4,1998) GPA 2014-01 (June 3. 20141 GPA2005-01(December5.20051 75B-211 LAND USE ELEMENT areas. To encourage a dynamic mixture ofresidential, office and commercial uses, within these areas both building intensity and residential density is -based on floor area ratio and zoning development standards. In calculating either the allowable floor area or the allowable residential density, it is the City's policy to not allow upward rounding. The Land Use Plan is illustrated in Exhibit 2. Additional information concerning the Land Use Plan and the land use designations is provided in Table 1 (Land Use Development Intensity Standards), and in the Appendix. Table 7 Land Use Medium Density Residential Density/intensity Standards FrTIEVARIM11 Metro East District Center FAR3.D Transit Village District Center FAR 5A Harbor Corridor District Center FAR 5.0 Fifth & East 0.75-1.5 Professional and Administrative Office (PAO)FAR 0.51.0 General Commercial (GC) FAR 0.5-1.0 One Broadway Plaza District Center (OBPDC) 4 I FAR 2.9 FAR The Intensity standards shown refer to the theoretical maximum amount of development permitted for each land use designation (du -dwelling units; FAR -floor area ratio). Development must also adhere to zoning regulations, and/or specific plan requirements. z The District Center and Urban Neighborhood land use designations permit both residential and non-residential development. a Commercial intensities may vary. Baseline FAR is 0.5. Specific areas allowing greater intensities are Indicated in Exhibit A-3. ' One Broadway Plaza District Center land use designation permits office, restaurant and ancillary retail for a master planned development *Refer to Appendix for description of Land Use designations. CITY OF SANTA ANA GENERAL PLAN is 75B-212 LAND USE ELEMENT LAND USE PLAN IMPLEMENTATION To effectively achieve the broad range of goals outlined for the City's future growth and development, a variety of plans, programs, and regulations must be relied upon. This section of the Element discusses these tools, and how they correlate with implementation of the City's land use goals. DEVELOPMENT INTENSITY STANDARDS Table A-1 summarizes the development intensity standard foreach ofthe General Plan designations, and provides land use distribution by acreage for the land use. The intensity standards for the categories permitting residential development are expressed in density, measured in "units per acre,' or floor area ratio and zoning development standards in the case of certain Mixed Use land use designations. The intensity standards for non-residential development are expressed as "floor area ratio" or FAR. The FAR concept is illustrated in Exhibit A-3. The intensity standards in concert with the zoning and development standards regulate the massing, form and building size. Table A-1 du - dwelling unit FAR - floor area ratio . Residential development is not a pennitted use. CITY OF SANTA ANA GENERAL PLAN A-11 75B-213 LAND USE ELEMENT The City established development intensity standards in 1988, for nonresidential land use designations. The standards measure intensity through the use of floor area ratios. The floor area ratios proposed for the City's major commercial corridors are expected to remain in place over the life of the Land Use Element. Those areas of the City proposed for the most intensive levels of development include district centers, professional and administrative office districts, and several other commercial centers with a unique character, or special development concerns. Some of these areas correspond to those for which Specific Plans have been prepared. The proposed floor area ratio(s) for most of the City's commercial corridors allows structures of two to three stories with surface parking. The major development areas -the District Centers and ProfessionaVAdministrative Office Districts along Tustin Avenue and East First Street -allow mid -rise and high-rise buildings with structured parking. These areas are expected to generate the highest level of development activity in the City as centers of commerce. These areas are listed in Table A-2 and are shown in Exhibit A-4. The floor area ratios indicated in Table A-2 are the maximum building intensity allowed for development. A-12 CITY OF SANTA ANA GENERAL PLAN 75B-214 LAND USE ELEMENT Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Uiban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: ■ The Low Density Residential (LR -7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City (6,454.6 acres) representing 47 percent of the City's 'total land area. ■ The Low -Medium Density Residential (LMR -11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to I1 units per acre. The land area included in this designation is approximately 420.6 acres. The great majority of the land designated as Low -Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. • The Medium Density' Residential (MR -15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 362.3 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple -family development projects. CITY OF SANTA ANA GENERAL PLAN A-19 75B-215 LAND USE ELEMENT Commercial The Land Use Plan identifies three land use designations that encourage a variety of office, retail and commercial enterprises to serve the community. ■ The Professional/Administrative Office (PAO) designation applies to those areas where professional and/or administrative offices are predominant, or where such development is being encouraged. Land included in this designation is found primarily near the Civic Center, and along the First Street and Tustin Avenue Corridors in close proximity to freeways. There are other smaller PAO areas in the City such as along North Broadway and along portions ofeast and west Seventeenth Street A total of600.8 acres is included in this land use designation. The floor area ratio intensity standard applicable to this land use designation ranges from 0.5 to 1.0. The Professional and Administrative Office areas are intended to provide a unique environment for office development in those areas of the City where office uses are the predominant land use. The purpose for maintaining and supporting these areas exclusively for office and office -related uses is to encourage major employment centers at locations which significantly lessen the impact to the City's local street system. The First Street/Tustin Avenue office corridor between the Santa Ana (I-5) and Costa Mesa (SR -55) Freeways serves this purpose. In addition, the orderly, well-maintained quality of existing development supports a continuation of these areas as functional office/employment centers. A-20 The Professional and Administrative Office designation includes a range of floor area ratios to differentiate development intensity and character in relation to adjacent land uses. The areas with a FAR of 0.5 are not major office centers, but rather have an established character of lower intensity garden office and professional service uses. These areas are typically adjacent to low density residential neighborhoods, or are converted residential office uses. Office development along East Fourth Street, between Grand Avenue and the Santa Ana Freeway, is typical of this low-rise office character. The PAO area located adjacent to the Civic Center contains a range of office development intensity which supports the City's functional role as the government center of the County The types of uses typically located in the PAO district include the following: ■ Professional. and administrative offices/office parks; Service activities such as copy centers, courier services, travel agencies, and restaurants when such uses are an integral component of a planned office development; and Professional uses such as accountants, attorneys, doctors, engineers, and insurance brokers. 75B-216 CITY OF SANTA ANA GENERAL PLAN LAND USE ELEMENT • The General Commercial (GC) district applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floorarea ratio of0.5-1.0, though most General Commercial districts have a FARof0.5. A total of855.3 acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. The General Commercial development standards are based upon the character and intensity of development, as well as the degree of access and market demand for these properties. The relationships to adjacent land uses, are also considered. Uses typically located in this district are: • Business and professional offices; • Retail and service establishments; • Recreational, cultural, and entertainment uses; and • Vocational schools. General Commercial Districts have a floor area ratio of0.5 with the exception of the Mid -town area which has an floor area ratio of up to 1.0. ■ One Broadway Plaza District Center is a separate land use designation as it has an F.A.R. of 2.9, which exceeds the typical District Center intensity limit. Additionally, it does not include a residential component One Broadway Plaza is envisioned as a landmark professional office complex that will be a focal point in the Downtown Redevelopment area serving the Civic Center complex, Downtown, and Midtown urban areas. The City's District Centers and major development areas are shown in Exhibit A-5. CIN OF SANTA ANA GENERAL PLAN A-21 75B-217 LAND USE ELEMENT Mixed Use The Land Use Plan provides for two distinct mixed use land use designations. These designations allow for both vertical and horizontal mixed use developments, with an emphasis on linkages to a range of transportation options: ■ The District Center (DC) land use designation includes the major activity areas in the City. Seven areas of the City, totaling 681.1 acres, are designated as District Center. The intensity standard for the District Center designation ranges from a floor ratio of 1.0 to 5.0. District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major development activity. District Centers are to be developed with an urban character that includes a mixture of high- rise office, commercial, and residential uses which provide shopping, business, cultural, education, recreation, entertainment, and housing opportunities. Residential developments within some District Centers are allowed at a density of up to 90 units per acre when developed as an integral component ofa master planned mixed use project In Harbor Corridor, Metro East, Downtown, and Transit Village District Centers residential development intensity is based on a combination of floor area ratio and zoning overlay and/or development standards. Some District Centers serve as major retail and employment centers locally and regionally, and should include development which promotes the City as a regional activity center while creating an environment conducive to business on a regional scale. District Centers in Santa Ana include the following- The ollowing The Main Place/City Place District Center includes a regional shopping center and office complex, as well as high intensity housing and mixed-use development. • The Museum District located between the Downtown and MainPlace/City Place District Centers is proposed as a major office/cultural center which will be developed over the next 15 to 20 years. The area will focus upon the expanded Bowers Museum, the Discovery Science Center and the construction of additional museums and cultural centers. The Downtown District serves as one of the County's major employment and governmental operations centers complemented with a mix of residential, commercial, and services uses to enhance its urban vibrancy. Emphasis on streets that accommodate all modes of transportation, including mass transit, pedestrian and bicyclist is key in this urban setting. A-22 CITY OF SANTA ANA GENERAL PLAN 75B-218 N-- LAND USE ELEMENT The intensity standard for the Urban Neighborhood ranges from a floor area ration of 0.5 to 3.0; with residential density based on a combination of floor area ratio and zoning development standards. A total of 313.4 acres of land in the City are designated Urban Neighborhood. Industrial The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections ofthe City. A total of2,152.8 acres ofland in the City is designated as Industrial. The maximum floor area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: ■ Light and heavy product manufacturing and assembly. • Commercial uses which are ancillary to industrial uses in the district. Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of 800.6 acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of 1,010.9 acres are included in this land use. designation. Of this total, 358 acres ofpublic park land is included in this land use designation. A-24 CITY OF SANTA ANA GENERAL PLAN 75B-219 LAND USE ELEMENT 6chibitA5 Major Development Areas 1-MainPlace 2 -Museum District 3 - Downtown 4 -One Broadyway Plaza 5-Southcoast Metro 6 -MacArthur Place 7 -Tustin Avenue Corridor 8 - Metro East 9 -Transit Village 10 - Harbor Mixed -Use Corridor - — City Limits 0 Ob 12 Miles —1�111 CRY OF SANTA ANA GENERAL PLAN A-25 75B-220 LAND USE ELEMENT Table A-4 I and9lce Plan Rurld-nut Caoacities Institutional INS 800.6 FAR 02-0.5 1 6,974,740 at Infensity/ Effective Buildout' Theoretical Land Use I B,BG6,961 s Acres I Density 15,781,701 at l I 26,243,811 sl Buildout LowDensltyResidential LR -7 6,454.6 7du/ac 45,182 du Law Medium Density Residential LMR -11 1 420.51 11 du/ac 4,627 du Medium Density Residential MR -15 3623 15 du/ac 5,435 du Subtotal I 7,237.5. 95,843 du' 55,243 du rr• , District Center Othera OC - 309.5 11111 lac FAR 1.0-2.0 11,955,583 sf 3,017 du 23,764,534 s 3,017 du Heritage DC 18.8 FAR 1.7 54,090 sf 1,221 du 54,090 s 1,221 du Downtown 00 B2.5 FAR 3.0 2,057,B24 sf 1,661 du 2,057,824 sfJ 1,661 du Metro East 00 113.9 FAR 0.75- 3.0 2,464,776 at 5,037 du 2,464,776 si 5,037 du Transit Village DC 51.4 FAR 5.0 402,864 at . 2,761 du 402,864s 2,761 du Harbor Corridor OC 125:0 FAR 5.0 1,836,155 sf 2,029 du 1,836,155S 2,029 du Urban Neighborhood UN 313.4 FAR 0.5-3.0 1,656,955 at 5,529 do 1,656,955S 5,529 du 994.5 20,428,247 at 21,255 du 32,327,198 s 21,255 du Subtotal Professional &Admin. Office PAO 600.8 FAR 0.5-1.0 13,085,424 sf 26,170.848 all General Commercial GC 855.3 FAR 0.5-1.0 18,628,434 sf 37,256,868 s One Broadway Plaza District CW OBPDC 4.3 FAR 2.9 543,193 sf 543,193 s Subtotal 1,460.4 32,257,051 at 63,970,909 s Industrial IND 2,11.8 FAR 0.45 I 42,199,991 at 42,199,991 s Institutional INS 800.6 FAR 02-0.5 1 6,974,740 at 1 17,436,850 s Open Space DS 1,010.9 FAR 0.2 8,806,951 at B,BG6,961 s Subtotal 1 1 1,811.51 I 15,781,701 at l I 26,243,811 sl I Effective capacity for non-residentlal development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, Heritage District Center. and Urban Neighborhood areas. The Harbor Corridor District Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas agow, a range of Intensity for mbdure of residential and non-residential development based on the zoning development standards. Residential effective capacity was calculated by adding the 21,255 units passible in the District Center and Urban Neighborhood w8h the existing 74,588 (Census 2000) housing units. x Land use designation peonBs bogy residential and non-residential development Build -out assumes 90% of land area will be developed as commercial. and 10% w01 be developed as residential; with the exception of Town and Country Manor project Intended for continuum of care and housing seniars. a Land use designation permits high Intensity office development with ancillary retail use. This fable has been rev(sed to correspand with the GIS tend Use Vale Nushated in Exhibit 2. i :i CITY OF SANTA ANA GENERAL PLAN 75B-221 5B -22A A-35 City of Santa Ana General Plan Urban Design Element 1998 City of Santa Aria Planning Division Adopted July 6; 1998 (Reformatted January 2010) This document includes revisions to the Urban Design Element adopted by City Council March 19, 2007 (GPA 2007-01) and as pasted - -by the voters of Santa Ana April 5, 2005 (GPA 2004-01) and GPA 2018-01 (August 21, 2018). 75B-222 URBAN DESIGN ELEMENT Exhibit 4 City Form Map l__J Din aNelghborhoods Paden Traveling Houten ® Nodm Dudnadan Polnu Faau lnwmecdons; laol Apes ® landmarks•.Fbol Polnb ® Gateways; Arrival Polnu Qyumiu 31 0 0.6 1.2MI10 mwwwwwr- CITY OF SANTA ANA GENERAL PLAN 21 75B-223 URBAN DESIGN ELEMENT Exhibit 5 Districts LTJ 1. Trask Fairview 12. Downtown 23. South Harbor Blvd. 2. Northwest 13. Broadway 24.Thorton Park 3. North Main 14. French Park 25. Bristol Manor/SE Side/Delhi 4. Park Santiago 15. Intercity/RTC 26. Freeway Window S. Cabrillo Park 16.4th St. Professional 27. Armstrong 6. West Side 17. Tustin Ave. 28. South Coast 7. Harbor Blvd. 18. Midcity 29. Sand Pointe S. Santa Ana 19. Central Historic 30. MacArthur Place/Hutton Center 9. Artesia Pilar 20. South Main 31. Freeway Corporate 10. Washington/Willard 21. Eastside 32. Metro East 11. Flower Park 22. Southeast Industrial — - — City Limits Mnv CITY OF SANTA ANA GENERAL PLAN 23 75B-224 URBAN DESIGN ELEMENT Exhibit 7 Nodes 1. Main Place Mall to. Tustin Ave, South of 17th St L MaInSCConmurse 11. Santa Ana Zoo City Limits 3. MacArthur Place 12 Centennial Park 4. Hutton Center 13. Willowick Gol(Course S. South Coasteristol 14. Bdstol Marketplace 6. CivicCenwr 15. Rancho Santiago College 7. Downtownl4th StfArtistYoage 16. Regional TranspertationCenter A One Broadway Plaza 17. Metro Fast 0 0.6 11 Miles 9. Bowers Museum 1& Hatcor Corddor Plan CIN OF SANTA ANA GENERAL PLAN 29 75B-225 75B-226 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-06 REZONING VARIOUS PROPERTIES LOCATED ALONG THE FIRST STREET CORRIDOR AND ZONING ORDINANCE AMENDMENT NO. 2018-03 AMENDING THE METRO EAST MIXED USE OVERLAY ZONE (OZ -1) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In 2007, the City Council approved and adopted the Metro East Mixed Use (MEMU) Overlay Zone (OZ -1). The MEMU was intended to provide the framework for future redevelopment of a 200 -acre section of the City along First and Fourth streets between the Santa Ana (1-5) and Costa Mesa (SR - 55) freeways. B. Since 2007, one development project has been constructed and three others entitled that are consistent with the goals and objectives of the MEMU. However, changes to the development market following the recession have resulted in the need to modify the MEMU in order to continue to further the goals of the plan while implementing a regulatory framework that protects the health, safety, and welfare of the City. C. Amendment Application No. 2018-06 has been filed by the City of Santa Ana to apply the OZ -1 designation to approximately 52 parcels located along First Street between Grand Avenue and the Santa Ana (1-5) Freeway and along Lyon Street and Elk Lane between First Street and Chestnut Avenue (Exhibit A). D. The OZ -1 designation of the various parcels as shown on Exhibit A will allow additional development opportunities of these parcels into mixed-use developments, thereby being consistent with the goals and objectives of the MEMU. E. Zoning Ordinance Amendment No. 2018-03 will amend the existing MEMU, a copy which is available at the Planning Division Public Counter and Main Public Library, or viewed on the City's MEMU webpage. The amendments will create greater consistency among the MEMU and other form -based codes that have been adopted since 2007, including the Transit Zoning Code and Harbor Mixed -Use Transit Corridor Specific Plan (Exhibit B). EXHIBIT D Ordinance No. NS-XXXX Page 1 of 5 75B-227 F. On July 23, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2018-06. This action will be consistent with the General Plan, as amended by General Plan Amendment No. 2018-03, and Zoning Ordinance Amendment No. 2018-03 to amend the MEMU. G. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on August 21, 2018. H. The City Council also adopts as findings all facts presented in the Request for Council Action dated August 21, 2018 accompanying this matter. I. For these reasons, and each of them, Amendment Application No. 2018-06 and Zoning Ordinance Amendment No. 2018-03 are hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning districts is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council has reviewed and considered the information contained in the previously -approved Environmental Impact Report and the Subsequent Environmental Impact Report for the Metro East Mixed Use Overlay Zone (SCH No. 2006031041) prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the proposed Subsequent Environmental Impact Report for the Metro East Mixed Use Overlay Zone meets all of the requirements of CEQA. Section 3. This ordinance shall not be effective unless and until Resolution No. 2018- (Subsequent Environmental Impact Report No. 2018-05 and General Plan Amendment No. 2018-03) are adopted and become effective. If said resolution and ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 4. If any section, subsection, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXXX Page 2 of 5 75B-228 ADOPTED this 2151 day of August, 2018 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: �a C-- Lisa rLisa Storck Assistant City Attorney FIV443 NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75B-229 Ordinance No. NS-XXXX Page 3 of 5 EXHIBIT A Sectional District Map Ordinance No. NS-XXXX Page 4 of 5 75B-230 5-5.9 AT • R1♦ ; CI ; R p p P cs CS .. r _. g — }9d __ 17TH ST — R1�B jan N R. :Rld: P1 c6 4T �• J _m4T RI i R1 il 'es I spa oxur _ p IRI r P �4P.Ce i f �' Rt $ _ {�RI•.� FI I3 �e � f ro.o •cif i �O9o' s sTu o 0 T v � °1 _Y 4 I Pl4 '!.0 P1'PPO.( . �, -f ° CwV tlr �. ••BPOwN t fy! e t IRI.P1 C R1 `R1 .IRP 4TH ST F7771 -. so5.ron y' kr r� id CLOZI SOSSWZI CLOZI CLOZI i CLOZI d '• Ala CS Exhibit:A 75B-231 GENERAL AGRICULTURAL CSM SOUTH MAN STREET COMMERCIAL DIST. R2 TWD-FAMRYRESIOENCE -B PARKING MODEK COMMUNITY COMMERCIAL GC GOVERNMENTCENTER RJ MULTIPLE- FAMILY RESIDENCE -OZ OVERLAYZONE COMMUNITY COMMERCIAL -MUSEUM DIST. MI LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT PRD PLANNED RESIDE DEVELOPMENT I GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE PLANNED SHOPPING CENTER 0 OPENSPACE SO SPECIFIC DEVELOPMENT -HD2 HEIGHTDISTRICT ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN COMMERCIAL RESIDENTIAL RI SINGLE FAMILY RESIDENCE OZ1 METRO EAST OVERLAY ZONE SECTIONAL DISTRICT NEAP: 8-5-9 CITY OF SANTA ANA, CALIFORNIA Exhibit:A 75B-231 Sol, Em mc, -�f"1 1 p R. Al 1 Y1 i R. I i W.41YM,Y - t' eb EYWt i 1 O 1 Q� RI -MRM WVPL �; OM1{ IRW rMW. 1 eS3 t1 YI 5 SI 4t• O Al ICs, �• 1 '�-� •---—p-_-� R MCFA EPIAV- 1400 L t 'u, 11 l rnsaxwe,v �� muxwe.v [� `Y' K o 1 In Y' J 1 swo Ke,a vo-s-Y R... o.o unom 1 ZONING DISTRICTS Al GENERAL AGRICULTURAL CSM 0Y _ R2 TVA-FAMLYRESIDENCE h J evoz,- I6 evoz, € ezrozl o CI ----_ - -T-ST - - - -- �9$ ---- - - -- z R3 MULTIPLE- FAMILY RESIDENCE - cvazijwossrozl bl ,�i.wJR��t RvZ�i• coon 4(„ , 1 , R]IULI ' �i i i YYtMfC —T Ri SUBURBAN APARTMENT PLANNED C2 GENERAL COMMERCIAL cf10[�•�' „IULI.CLOI,••i RE RESIDENTIAL ESTATE Sm tU- DEVELOP! G bl e O. RVO2t � .—•.—•• • O OPENSPACE SD © R]IOZt 1� ♦ A •ii -HD2 HEIGHTDE 1� ARTERIAL COMMERCLAL P PROFESSIONAL SP SPECIFICPLAN _CHESTNUTAV— Sol, Em mc, -�f"1 1 p R. Al 1 Y1 i R. I i W.41YM,Y - t' eb EYWt i 1 O 1 Q� RI -MRM WVPL �; OM1{ IRW rMW. 1 eS3 t1 YI 5 SI 4t• O Al ICs, �• 1 '�-� •---—p-_-� R MCFA EPIAV- 1400 L t 'u, 11 l rnsaxwe,v �� muxwe.v [� `Y' K o 1 In Y' J 1 swo Ke,a vo-s-Y R... o.o unom 1 ZONING DISTRICTS Al GENERAL AGRICULTURAL CSM SOUTH MAN STREET COMMERCIAL DIST. R2 TVA-FAMLYRESIDENCE -B PARKWGI CI COMMUNITY COMMERCIAL GC GOVERNMENTCENTER R3 MULTIPLE- FAMILY RESIDENCE -OZ OVERLAY CIM!) COMMUNITY COMMERCIAL - MUSEUM DIST. Mt LIGHTINDUSTRWL Ri SUBURBAN APARTMENT PLANNED C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE -PRD DEVELOP! G PLANNED SHOPPING CENTER O OPENSPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHTDE C5 ARTERIAL COMMERCLAL P PROFESSIONAL SP SPECIFICPLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE- FAMILY RESIDENCE SECTIONAL DISTRICT MAP: 17-5-9 CITY OF SANTA ANA. CALIFORNIA Exhibit: A 75B-232 EXHIBIT B Proposed Amendments to the Metro East Mixed -Use Overlay District 75B-23 75B-235 Table of Contents Section 1 Purpose and Objectives 1 Section 2 Applicability 3 Section 3 Development Districts 5 Section 4 Development Standards 9 Section 5 Design Principles 24 Section 6 Signs 28 Section 7 Compatibility/Operational 30 Section 8 Standards Implementation 31 FIGURES Figure 1: MEMU Overlay Zone Location 3 Figure 2: MEMU Overlay Zone Development Districts 5 TABLES Table 1: District Descriptions Table 2: Development Standards Summary 7 Table 3: Land Uses 9 Table 4: Building Setbacks 10 21 APPENDIX Metro East Public Realm Amenity Plan 1.0 Purpose and Objectives 1.1 PURPOSE The purpose of the Metro East Mixed Use Overlay Zone, hereinafter referred to as the MEMU Overlay Zone, is to introduce development forms and uses that will provide for the creation of a high-intensity, mixed-use urban village within a previously developed mid -rise to high-rise office environment. This chapter establishes standardswhich will fulfill the following major objectives for this mixed-use urban village area. 1.2 OBJECTIVES e. Create highly-amenitized streetscapes that provide items such as landscaping, street furniture, niche or linear parks, passive and active water features, public plazas and courtyards, public art, and public transportation shelters in a design that integrates the public realm with adjacent private development and serves to create a distinct identity for the district. Mixed-use urban village prototype The Metro East Mixed Use Overlay Zone is intended to create a unique urban environment that achieves the following objectives: a. Create an active, mixed-use urban village where it is possible to live, work, shop and play all within a short walk of each other. b. Facilitate well-designed new mixed-use development projects that combine residential and nonresidential uses through innovative and flexible design solutions. C. Achieve the harmonious integration of new mixed- use development projects within the existing fabric of the mid -rise and high-rise office environment and commercial land uses. d. Encourage urban form and architecture that incorporate contemporary design styles and solutions as well as the use of sustainable building and site design concepts such as green buildings, energy -conserving building materials, and landscaping designs that reduce water consum tion. Contemporary design solutions f. Provide for an appropriate interface of land uses and development intensities relative to the Transit Zoning Code area, the Santa Ana (1-5) Freeway, and the Costa Mesa (SR -55) Freeway. g. Create a highly -integrated pedestrian system that provides for connectivity between the residential areas and public recreation amenities to the north and the MEMU Overlay Zone area. Active urban mixed-use Street -facing retail h. Provide for active street life through the inclusion of dedicated pedestrian -oriented design and active uses on the ground floor at strategic location. i. Provide for a mix of housing in order to encourage a continuum of living and a variety of household types. Ensure that each project includes exceptional site planning, unique architecture, high-quality building materials, extensive open space, indoor and outdoor amenities and first-rate public improvements. I. Facilitate project designs that encourage adequate amounts of retail or commercial space to service residents and/or employees within the development and the larger Metro East Overlay Zone area. m. Allow for the development of varied residential types in a mixed-use configuration including, but not limited to loft -style units, live/work units, attached row houses, and high-quality stacked flats. n. Provide adequate access for public safety services. o. Stimulate investment and reinvestment in the area through the provision of a comprehensive planning framework that facilitates private -market success. p. Provide for an alternative set of zoning regulations than is provided for by the underlying zoning district . q. Implement the City's General Plan. Ground -floor commercial space at strategic comer k. Encourage parking solutions that provide for adequate parking to ensure the long-term quality of the project, but that are creative in their design thereby enhancing the area's urban form. Parking requirements are designed to create a level of scarcity that will discourage vehicle trips, increase pedestrian activity, and enhance the provision of high-quality building and site design. Unique architecture Contemporary building materials ., -SLY t* �,tAW, ~PARK COUflT r F rte: zn Is .y -45IESTNUTAVENUEi 3 metro east m x—i-use nvPrlay zone 2.1 APPLICABLE REGULATIONS These provisions shall apply to all properties within the MEMU Overlay Zone, but do not supersede the underlying zoning districts. All new development within the MEMU Overlay Zone will be subject to the requirements and improvements required in the Metro East Public Realm Amenity Plan, which is included as an Appendix. Definitions of terms not found within the MEMU Overlay Zone are found within SAMC Chapter 41, Article 1, Division 2. 2.2 CONTINUANCE OF DEVELOPMENT RIGHTS UNDERLYING ZONING DISTRICT STANDARDS All regulations, development standards, and requirements in the underlying zoning districts shall continue to apply to those properties that are currently developed according to the existing standards. New properties may also be developed to the existing underlying zoning district provided that all standards and requirements of the underlying zone are met. 2.3 OPTION TO APPLY THE MEMU OVERLAY ZONE Properties within the MEMU Overlay Zone may choose to develop to the standards of the underlying zoning districts or to the standards contained within this MEMU Overlay Zone. In order to exercise the option to develop under the MEMU Overlay Zone district, a MEMU Site Plan Review application approved by the Planning Commission shall be required. In granting such approval, the Planning Commission must find that the proposed development is in compliance with the provisions of the MEMU Overlay Zone and the Findings in Section 8.2 of this code section. In order to facilitate project and site design consistent with the provisions of this MEMU Overlay Zone, any development proposal for exercising use of the MEMU Overlay Zone shall be designed so that any primary use within the development is located within a newly constructed building. No primary use or uses shall be located in a building that has been rehabilitated or is otherwise the reuse of an existing building. 2.4 USE OF PHOTGRAPHS Photographs are used liberally throughout this document and are intended for illustrative purposes only. Specific development standards and regulations contained in this document are the controlling language for purposes of development regulation. 3.0 Development Districts This section delineates the development districts within the MEMU Overlay Zone (Figure 2) and describes the overall form and character of each District (fable 1). There are four development districts in the MEMU Overlay zone that differ in the permitted land uses and development intensity as determined by their location and adjacency to sensitive land uses and freeways as shown on Figure 2. The Village Center District contains a pedestrian -oriented area designed to serve a central core for the Metro East area. Developments within the Village Center core are allowed at a slightly greater intensity to facilitate the role and function of this area as an activity node within the Metro East area. Table 1 provides general descriptions and representative images of the character of each District within the Metro East Mixed -Use Overlay Zone. MEMU Overaly Zone Boundary Figure 2 MEMU Overlay Zone Development Districts Neighborhood Transitional District ® Village Center District Active Urban District ® Office District Pedestrian - Oriented Design at Ground Level Potential Roadways Figure 2 MEMU Overlay Zone Development Districts Neighborhood Transitional District The Neighborhood Transitional District is intended to provide opportunities for development that acts as a transition between the single-family residential to the north and the adjacent high-intensity Active Urban District. Designated for the lowest scale and the lowest intensity of uses in Metro East, development in this district is limited to residential, live/work, small scale neighborhood serving commercial or office uses. These uses may combine office on the ground floor with residential above or in freestanding single- use buildings on the same site at between two and four (2-4) stories in height. New development in this area will be designed to provide an appropriate interface with high levels of landscaping and design features that minimize impacts to the adjacent single family residential area to the north. Village Center District r. The Village Center District is intended to serve as the focal point and central gathering place within Metro East in well-designed highly connected ui development sites and public spaces. The District will provide a high level of neighborhood identity and activity through its central location and emphasis on I creating a vibrant, attractive, and highly -interconnected pedestrian environment. ~ I Opportunities will be provided for shopping, dining, recreation, entertainment and services accessed by extensively landscaped, wide sidewalks that allow free flow between jobs, housing, and retail and commercial services, or opportunities for leisure walking within the District. The Village Center will provide commercial, office, and residential uses in the same building or on the same site in mid -rise buildings of six to ten (6-10) stories in height, in �i settings that provide open spaces, niches, and areas for gatherings and activities along streets, paseos, and interconnecting walkways that link the Village Center to adjacent districts and nearby public parks to the north. This y "=� District contains a pedestrian -oriented area designed to serve as a core activity center for the Metro East area. Developments within this core area along Fourth RStreet are allowed up to ten (10) stories in height to enhance the function of this area as a major activity center. Active Urban District The Active Urban District is intended as the location for well-designed high rise mixed use developments in a highly urbanized environment that capitalizes on the exposure and access provided by two adjacent freeways, the Santa Ana (1-5) and Costa Mesa (SR -55), and three, major arterials (First and Fourth Streets and Tustin Avenue). Development in this District is i {Y 1 envisioned to reflect signature architecture that reinforces the identity and It •w character of Metro East as a vibrant urban village that serves as a regional employment and activity center. The Active Urban District will include "4 major office, residential, commercial, hotel, and entertainment opportunities that are more intensive in scale and design than the adjacent Village Center. Developments in this District may combine office, `. 1 _In commercial, and residential uses within one vertical mixed use -building with commercial on the round floor and office or residential on the upper g PP ylrT floors or a mix of uses within freestanding buildings on the same site. _ Developments will be designed to showcase an amenity -enhanced P 9 environment that provides numerous open space opportunities within s this urban environment for the enjoyment of residents, employees, and rt visitors, and to promote pedestrian connections between this Districtand T .= ?_. the Village Center as well as Cabrillo Park located north of Metro East area. OEM �GLrc Office District The Office District contains existing low -to high-rise office development along Tustin Avenue and adjacent to the Santa Ana (1-5) Freeway. These developments were in place prior to establishment of the MEMU Overlay Zone and will be maintained exclusively as office to promote and maintain a healthy balance between office, commercial and residential land uses within the Metro East area. 4.0 Development Standards The MEMU Overlay Zone establishes development standards for each District, as summarized below in Table 2. Additional requirements for the standards listed in Table 2 are specified in Sections 4.1 through 4.8. • For further detail, refer to Section 4.8, Parking and Access. la 1 �, max;,, Development a � ;,,� � .�,1�"`� ._-_ ��=� � __ %,� Standards by � District p O • O C • 4 H�J p £.� B 4.1 Land Uses, (See Table 3) 4.2 Maximum No. 6 No Maximum 10 Stories 44 10 stories in Village Core $tOfleS Minimum See Section 4.2)3 4.3 Minimum Development Site 20,000 sq. ft. 30,000 sq. ft. 1 acre 1:5 acre Area 4.4 Permitted Street Level Building Frontages Front Porch Yes Yes No No stoop Yes Yes No No Forecourt Yes Yes Yes Yes Shop Front Yes Yes Yes Yes Gallery Yes Yes Yes Yes Arcade Yes Yes Yes Yes 4.5 Publicly Accessible 5% of Total Lot Area 10%'of Total Lot Area 15% of Total Lot Area 15% of Total Lot Area Open Space 4.6 Private/Common 90 sq. ft. per unit 90 sq. ft. per unit 90 sq. ft. per unit 10% of Total Lot Area Open Space 4.7 Building Setbacks (See Table 4 on Page 21) Residential: 2.25 Residential: 2-2.25 Residential: 2.25 Office: 3 spaces per 4.8 Parking * spaces per unit spaces per unit spaces per unit 1,000 sq. ft. Non -Residential: Per Non -Residential: Per Non -Residential: Per Other. Per Code Code Code Code • For further detail, refer to Section 4.8, Parking and Access. 4.1 LAND USES The MEMU Overlay Zone sets forth specific uses to made by the Executive Director of Planning that the be allowed within each district, as shown in Table 3, proposed use is compatible with the overall intent and subject to a MEMU Site Plan Review approval by the character of the MEMU Overlay Zone as specified in Planning Commission. Any use that is not specified as Section 41-601(c) of the Santa Ana Municipal Code permitted or conditionally permitted within the MEMU (SAMC). Overlay Zone is prohibited unless a determination is Residential Uses Live/Work Units Multiple -Family Residential Non -Residential Uses Art galleries and studios including, but not limited to: photography; fine art; fiber art; printing, lithography, and calligraphy; ceramic and pottery; glass blowing and sculpting Eating establishments, (cafes, restaurants) Bakeries Retail and Service uses Medical and Dental offices Professional, administrative and business offices Child care facilities Gvmnasiums and health clubs Hotels Indoor/outdoor entertainment Religious Institutions Schools Tattoo Establishments Temporary outdoor activities Theaters and cinemas /Operational Standards Drive through establishments o o { Special Provisions (references to other s "c ; m ' i applicable code sections or Z< 0 limitations) P P P N I Subject to Sec. 4.1.2 of this division P P P N I Subject to Sec. 4.1.3 of this division P I P I P I P P P P P CUP for liquor sales, after hours o P P P P P P P P P P P P P P P P P P P P N P P CUP N P P CUP N P P P As defined in Chapter 41 of the SAMC CUP CUP I CUP CUP N P P N N P P N Subject to Sec. 41-199.3 of the SAMC LUC LUC LUC LUC Subject to Sec. 41-195.5 of the SAMC N P P P �©©amu In addition to the land use categories listed in Table 3, the following regulations and operational standards shall apply to development within the MEMU Overlay Zone. 4.1.1 Village Center Core: Pedestrian -Oriented Design and Active Ground -Floor Uses In order to generate pedestrian use and contribute to an active street life, developments located in the Village Center core, properties fronting on Fourth Street will be allowed to develop up to a height of ten stories for a depth of 150'. The ground floor of buildings fronting on Fourth Street between Cabrillo Park Drive and Park Center Drive, and Golden Circle Drive south of Fourth Street as shown in Figure 2 shall have commercial uses and pedestrian -oriented designs. The pedestrian -oriented design features include, but are not limited to, visually transparent and architecturally articulated building facades, or designing arcades or courtyards for activities such as outdoor dining or active open -space areas. Active uses that are visually accessible to the public also may satisfy this requirement and may include, but are not limited to, uses such as a workout room for a health club, a cooking class, the nonresidential portion of live/ work units, or other active -artisan use. Three-story live/work units 4.1.2 Uve/Work Units The residential component of live/work units shall be contiguous with and integral to the working space with direct access between the two areas and shall not be designed as a separate stand-alone dwelling unit. This requirement does not preclude a separate access for the residential area as long as there is not a physical separation between the living area and the work areas of the unit. In addition, the following regulations shall apply to live/work units: Two-story live/work units a. Residential use is permitted only in combination with individual studios in a manner which provides an integrated working and living environment. b. At least one (1) off-street parking space shall be provided for each dwelling unit. c. A live/work unit shall be at least one thousand (1,000) square feet in size. d. It shall comply with all Housing Code requirements as modified by section 8-2700 of the SAMC. e. The residential component of a live/work unit shall meet the following standards: 1. It shall have a space of at least seven hundred fifty (750) square feet. 2. It shall have access to separate bathroom facilities, including a water closet, a wash basin, and a bathtub or shower. 3. It shall have separate kitchen facilities including a kitchen sink, cooking appliances and refrigerator. All such facilities shall have a clear working space of at least thirty (30) inches in front. f. On-site laundry facilities are required within each unit. 4.1.3 Stand Alone Residential Development Consistent with the objectives of the MEMU Overlay Zone to encourage and facilitate mixed-use, no stand-alone residential building shall be permitted except in the Neighborhood Transitional District or as a component of a mixed-use project that has different uses in multiple buildings designed as an integrated development on a single development site. An integrated development is a project that is built on a site comprised of more than one parcel or contained in more than one building when the uses and support facilities such as parking or open space are designed to function in a cohesive interactive manner throughout the development site. 4.2 MAXIMUM NUMBER OF STORIES A. The overall scale and massing of development within the MEMU Overlay Zone should transition from the existing low -scale intensity of the Neighborhood Transitional District, which is adjacent to an existing single-family residential neighborhood, to mid -rise development in the Village Center and high-rises in the Urban Core adjacent to the Santa Ana Freeway. To create a varied skyline and enhance the form of development sites throughout the Metro East area, building heights will be regulated based on the maximum number of stories permitted. The following heights are typical for the uses within a building as calculated from floor to floor: 1. Residential: 9-15 feet (includes lofts and live work unit designs) 2. Retail: 18 feet 3. Retail with mezzanine: 22 feet 4. Specialty retail: 22-24 feet 5. Office: 13.5 feet B. In compliance with the Airport Land Use Commission (ALUC) of Orange County, the following conditions shall apply to all new development with the MEMU Overlay Zone. 1. For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the FAA (FAA Form 7460-1). Following the FAA's Aeronautical Study of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the ALUC for consistency analysis. 2. Buildings within any District of the Overlay Zone shall not penetrate the FAA FAR Part 77 imaginary obstruction surface for John Wayne Airport. 3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460-1) for any construction cranes that exceed 200 feet in height above ground level. C. New development will be required to be within the following maximum number of stories based upon their location within the MEMU Overlay Zone except as specified below: 1. Neighborhood Transitional District: Four stories maximum New development shall be of a low scale, and should serve as a visual transition between the MEMU Village and adjacent residential areas to the north. New development Three-story live/work units in this District shall be compatible in height, scale, and mass with adjacent residential development to the north, with heights ranging between two and four stories. 2. Village Center District: Six stories maximum; ten stories maximum within core area (See Section 4.1.1) New development in the Village Center District is more intensive in scale than Neighborhood Transitional, and shall serve as a visual transition from the low -intensity of the Neighborhood Transitional District to the intensive development in the Active Urban District. The height, scale, mass and bulk of new development shall be designed to achieve a "human scale" at the ground level to foster a pedestrian -friendly atmosphere, with buildings located along and oriented to the street frontages and common plazas. In order to encourage and maintain active streets and function as a central gathering place and 18 -hour activity center for residents, employees, and visitors, a core area along Fourth Street will be allowed to develop at a height of up to ten stories, for a depth of 150'. Five -story mixed-use comer building (See also Section 4.1.1). Properties outside the core of the Village Center will be allowed to develop up to a height of six stories. 3. Active Urban District: No maximum height; minimum three stories required The Active Urban District is the most intensive in scale within the MEMU area, and is designed to create a highly urbanized environment. New development in this District shall relate in scale, height, and configuration with adjacent buildings. New development shall be designed and oriented to promote intensive public activity at the ground level that integrates and establishes a cohesive transition to adjacent Districts. Larger buildings shall be broken down in scale through changes in massing, changes in plane and profile, facade subdivision, as well as other architectural means to ensure that the building is well proportioned and creates a satisfactory composition. Sites in this District shall be designed so that tower elements do not impact adjacent lower intensity developments but rather are designed to maximize exposure to the freeway or to adjacent developments of a similar intensity. A minimum building height of three stories is required within this District to ensure that a level of intensity is achieved on any development site even when there are multiple buildings of various heights. Any new development that is ten stories or greater in the Active Urban District and is proposed at a location adjacent to a multiple -family residential use or zone outside of the MEMU area shall be set back at least 150' from the property line of the adjacent residentially used or zoned property. 4. Office District: Ten stories maximum Existing development within the Office District varies from two-story garden offices to the high-rise Xerox Center adjacent to the 1-5 Freeway. Development in this District is limited to office uses to maintain a core of offices uses within the Metro East area and therefore is least likely to utilize the provisions of the MEMU Overlay Zone. New development in this District under the Overlay Zone will vary from low-rise garden office to mid -rise office buildings with ancillary uses and may not redevelop as quickly as other Metro East areas. Higher intensity mixed-use building The height, scale, mass and bulk of new development shall be designed to achieve a "human scale" at the ground level to foster a pedestrian -friendly atmosphere, with buildings located along and oriented to the street frontages and common plazas. In order to maintain a consistent level of development intensity within this District, a minimum height of three stories is encouraged. If a project is on a large site with multiple buildings, an average of four stories should be used as a guide. 4.3 MINIMUM DEVELOPMENT SITE AREA As a means to encourage development that achieves the objectives of the MEMU Overlay Zone, all new development shall have a minimum lot size that facilitates the use of design principles that achieve adequate setbacks, open spaces, connections with adjacent properties in the district, and a high level of site design. Required development site area is required as follows: a. Neighborhood Transitional District 20,000 square feet b. Village Center District 30,000 square feet c. Active Urban District 1 Acre (43,560 square feet) d. Existing Office District 30,000 square feet 4.4 PERMITTED STREET LEVEL BUILDING FRONTAGES A. Appropriate building frontages reinforce a continous urban street wall defining the street edge and encouraging public-private interaction which results in active pedestrian urban spaces. in order to encourage a stronger public-private interaction within the Metro East area, new development will be required to inlcude one of the building frontages specified by district below: • Front Porch • Stoop • Forecourt • Shop Front • Gallery • Arcade 1. Neighborhood Transitional District: a. Front Porch b. Stoop c. Forecourt building frontages are permitted d. Shop Front 2. Village Center District a. Front Porch b. Stoop c. Forecourt d. Shop Front e. Gallery f. Arcade 3. Active Urban District a. Forecourt b. Shop Front c. Gallery d. Arcade 4. Office District a. Forecourt b. Shop Front c. Gallery d. Arcade B. Street level building frontages shall be designed according to the following descriptions and requirements. Front Porch A front porch is frontage wherein the fagade is set back from the frontage line with an attached roofed porch that extends into the front open space area. Porches shall have a minimum dimension of 8 feet in any direction. 2. Stoop A stoop is frontage wherein the fagade is aligned close to the frontage line with the first story elevated from sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground floor residential uses. 3. Forecourt A forecourt is a frontage wherein a portion of the fagade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicular drop offs and/or required open space areas. (Minimum dimension of a forecourt should be 20 x 20 feet). This type of frontage should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the 5. Gallery A gallery is frontage wherein the fagade is aligned close to the frontage line with an attached cantilevered shed ora lightweight colonnade which may overlap front open space areas. This type is convenient for retail use. The gallery shall be no less than 10 feet wide and may overlap adjacent open space areas up to within 5 feet of the parkway or sidewalk area. I An arcade is frontage wherein the fagade may abut the sidewalk at the frontage line. This frontage type is conventional for retail use. The arcade shall be no less than 12 feet wide and may not overhang the sidewalk but may be within 5 feet of the parkway or sidewalk. 4.5 PUBLICLY ACCESSIBLE OPEN SPACE In order to provide relief from the intensity of development within the MEMU Overlay Zone and provide for a high level of pedestrian connectivity and activity throughout the Metro East area, it is necessary to provide a variety of open space opportunities. Publicly accessible open space areas shall be designed to optimize linkages and connections with adjacent properties within the District. Further, open space areas shall encourage active use and pedestrian activity between the public and the private realm. A. To achieve well-designed and highly amenitized open space areas that are accessible to the public, new development will be required to include an open space component that is accessible to the public through the main street -facing fayade entry of the project. These areas may be inclusive of a front setback or driveway areas, but may not include parking areas or rear setbacks to satisfy a private open space requirement. All new development within the MEMU Overlay Zone shall provide publicly accessible open spaces as a percentage of the total development site area as follows: Public plaza 1. Neighborhood Transitional District: 5 percent 2. Village Center District: 10 percent 3. Active Urban District: 15 percent 4. Office District: 15 percent Active public%pen space areas B. In addition to the above requirements, the following provisions shall apply to the design, location, and materials used in these open space areas: 1. Plazas, courtyards, or other publicly accessible open space areas at the ground level may be used to satisfy this requirement, and shall be incorporated into the design of the development. 2. Parking and rear setback areas shall not be considered to meet this requirement. Front and side setback areas that are integrated into the design of the public open space may be considered to satisfy this requirement. 3. Public open space areas shall be visible and accessible from the public rights-of-way to engage the interest of pedestrians and encourage public use. 4.A combination of landscape and hardscape materials shall be used in the design of these areas to satisfy the following requirements: a. Hardscape paving may include brick, stone, interlocking concrete pavers, textured concrete, and/ or impressed patterned concrete. Hardscape elements may include, but are not limited to, seating areas, potted plant materials, water features, and public art installations. b.The balance of the open space areas shall be landscaped with turf, shrubs, or groundcover, and trees. All plant materials shall be in proportion to the height and mass of the building, and shall be permanently maintained. 5. In order to achieve sunlight and air circulation in required open space areas, the following minimum height to width ratios shall be provided: a. Enclosed Open Space: 2 to 1 ratio (Open space that is enclosed on four sides, such as a courtyard). The required open space shall have a width of at least one-half the height of the adjacent building fagade (measured perpendicularly from the fagade). This requirement shall apply to all sides of the required open space. b. Open Space which is open on one or more sides: 3 to 1 ratio The required open space shall have a width of at least one-third the height of the adjacent building facade (measured perpendicularly from the fa(;ade). This requirement shall apply to all sides of the required open space. 6. The required publicly accessible open space areas shall be located and configured as one of the following: a. Front: The publicly accessible open space area is located along the street facing frontage of the building as illustrated. b. Forecourt: The publicly accessible open space area is located along a recessed center section of the front fagade of the building as illustrated. e c. "L" Shaped: The publicly accessible open space area is located along the front and side of the lot as illustrated. Pay�seo•o�r Central Courtyaril,� 11 a d. Paseo or Central Courtyard: The publicly accessible open space area is located on the side of the building or along a center pedestrian paseo or courtyard as illustrated. 4.6 PRIVATEXOMMON OPEN SPACE To support and enhance the publicly accessible open space, new development within the MEMU Overlay Zone will be required to include private and/or common open space for resident, tenant and visitor use. Private and/or common open space shall be provided in addition to the required publicly accessible open space in Section 4.5. Residential developments: Private or common open space shall be provided on a per unit basis for residential projects and shall be a combination of the total required space divided between private areas such as balconies or patios or common areas such as courtyards, recreation facilities, multi-purpose room or other areas designed for the common use of residents as specified below. Nonresidential or mixed-use developments: Private or common open space shall be provided as a percentage of the total lot area for nonresidential projects and may be used to provide site amenities such as rooftop decks, courtyards, or similar features. Mixed use developments shall combine the residential standards and the nonresidential standard to satisfy this provision. A. Private or common open space shall be provided in the following amounts: 1. Neighborhood Transitional District: 90 square feet per unit 2. Village Center District: 90 square feet per unit and 5 percent of the total development site area for nonresidential uses. 3. Active Urban District: 90 square feet per unit and 5 percent of the total development site area for nonresidential uses. 4. Office District: 10 percent of the total development site area B. In addition to the above standards, all private and/ or common open space areas are also subject to the following provisions in their design, location, and selection of amenities: Private and common open space areas shall be designed for the exclusive use of the residents or tenants of the property and their guests and shall not be publicly accessible except in the Neighborhood Transitional District where the required private/common open space may be designed in combination with the required publicly accessible open space specified in Section 4.5. 2• In the Neighborhood Transitional, Village Center, and Active Urban Districts, a combination of private and common open space shall be provided to satisfy the following requirements: a. Common open space amenities shall include, but are limited to, one or more of the following amenities: courtyards, plazas, tennis courts, swimming pools, spas, permanently equipped gym/ exercise rooms, or other permanent amenity. Rooftop decks and terraces may be used to satisfy this requirement, however, these areas shall be easily accessible to all residents within the building, and face the public rights-of-way where possible. b. Private open space areas may include balconies, patios, terraces, or rooftop decks. These areas shall be carefully integrated into the overall architectural design of the building. Architectural elements such as railings, trellises, short walls, or roof top enclosures shall be consistent with the architectural style of the structure to which they are attached. 3. Open space areas shall be constructed of permanent materials and be permanently integrated into the design of the building. 4. In order to achieve sunlight in outdoor common open space areas, the following building height to open space width ratios are required: 1 to 1; and 2 to 1 if the Private rooftop deck Private balcony 4.7 BUILDING SETBACKS A. Setback area requirements facilitate the incorporation of publicly accessible open space while reinforcing a continuous urban street frontage that defines the street edge. Setback requirements are designed as a range so that variety may be achieved in the public/ private interface area depending on the site and building design and its relationship to adjacent developments. Setbacks are designed to coordinate with the public improvements identified in the Metro East Public Realm Amenity Plan (Appendix). New development within the MEMU Overlay Zone shall be designed to provide setback areas from private or public streets asfollows: a o Setbacks h�t.l')= +l l >a�t}p Adjacent to public street right-of-way or — pubiiceasement 10ft(4) Adjacent to alley or internal aisle 3ft — Adjacentto parking 7 ft — ClearZone 258 — l-iillj`j-'t'fit�s Irrt�T''7pP:'.Itllf=' Adjacentto any residential use I st and 2nd floor 15 ft 3rd floor and above (5) 20130 ft — Adjacentto all otheruses All floors 5 ft — Up to 3rd floor 6 ft — 4th floor and above 15 a — Notes 1. Setbacks are measured from the closest point of a building to the property line or public easement, except for clear zones. If a front yard/porch frontage is used, the building facade may be setback a maximum of 15 feet. 2. Additional setbacks for entry plazas or courtyards, or to meet adjacent structures, may be permitted subject to additional design review. Frontage types may be used to satisfy setback requirements. 3. Building planes above 3rd floor shall have, at a minimum, a 50% variation in setback within the specific standards in Table 4. 4. If a development project has multiple frontages, the maximum setback along one street frontage may be exceeded if the area is used for publicly -accessible open space. 5. For building with seven or more stories, the third floor and above must be set back a minimum of 30 feet from any residential use. 6. Clear Zones: a. Clear zones are required at driveway, street, or alley intersections to provide adequate line of sight for drivers, bicyclists, and pedestrians as they approach intersections. The clear zone shall consist of an isosceles right triangle with 25 -foot sides along the property line. b. The clear zone shall not be occupied by a ground floor building facade. Site and building features that are taller than 30 inches in height, including utilities, mechanical equipment, fences, and landscaping, are prohibited in the clear zone. c. Upper floors may extend over the clear zone. Awnings must maintain a vertical clearance of at least 15 feet within the clear zone. B. In addition to the above setback requirements, the following provisions shall also apply to new development projects: 1. In order to encourage flexibility and provide an organic feel in the design and building -street interaction, there is no minimum setback requirement within the MEMU Overlay Zone, with the exception that all structures shall maintain the maximum rear setback specified if the property abutting on the rear property line is developed solely as a residential use. 2. Setbacks abutting public right-of-way may be further recessed from the maximum setback specified for the purpose of a public open space, dining/gathering or special entry area. These areas may not satisfy private open space requirements. 3.Setbacks abutting public rights-of-way shall be landscaped with lawn, trees, shrubs, or other plants and/or decorated as a hard surface expansion of the sidewalk. A combination of landscape and hardscape materials shall be provided as follows: a. Hardscape paving may include brick, stone, interlocking concrete pavers, textured concrete, and/or impressed patterned concrete. Hardscape elements shall also be provided when setback area is being used to satisfy publicly accessible open space areas. These elements may include, but are not limited to, seating areas, potted plant materials, water features, and public art installations. b.The balance of the setback areas shall be landscaped with turf, shrubs, or groundcover, and trees. All plant materials shall be in proportion to the height and mass of the buildin, and shall be permanently maintained. 4.8 PARKING AND ACCESS Adequate parking is necessary to service the full -range of uses permitted within a development project. In order to enhance the appearance and character of the Metro East area, parking should not be a part of the pedestrian level streetscape. The goal of the Metro East area is to provide adequate parking that encourages people to "park once" and conveniently walk to multiple destinations in the same area. Standards below reflect this concept except in the Neighborhood Transition District where parking is established at a rate that does not impact the adjacent residential neighborhood to the north. The parking standards for the MEMU Overlay Zone are designed to accommodate the wide variety of uses in the area while providing an incentive for mixed-use projects that encourage an active street life and convenient services and leisure activities for Metro East residents and visitors. A mixed-use development is defined as any development that contains more than one type of use in a building or set of buildings and contains within the development a residential component. Stand alone uses are defined as operations or uses that are not a component of an integrated mixed-use development project. Dimensions of parking spaces and drive aisles shall be consistent with SAMC Article XV, Division 1. A. Parking within the MEMU Overlay Zone shall be required for new development in each district as follows: 1. Neighborhood Transitional District a. Stand-alone residential: 2.0 spaces per residential unit, inclusive of guest parking b. Office or other permitted nonresidential uses: As required by Division 3 of Article 15, Off -Street Parking Requirements, SAMC. 2. Village Center District a. Stand-alone nonresidential Uses: As required by Division 3 of Article 15, Off - Street Parking Requirements, SAMC. b. Stand-alone Residential Uses:Asrequiredby Division 3 of Article 15, Off -Street Parking Requirements, SAMC. c. Mixed-use Developments with less than 10 percent of the gross floor area devoted to a commercial activity: A minimum of 1.8 spaces per residential or live/work unit inclusive of guest parking and any nonresidential uses. d. Mixed—use developments with 10 percent or greater of the gross floor area devoted to a commercial activity: Any development proposal that devotes 10 percent or more of the development's gross floor area to a nonresidential use shall be required to provide a parking study by a city approved consultant to establish an adequate parking requirement for the mixture of uses in the proposed development. In no case, however, shall a standard of less than 2.25 spaces per unit inclusive of guest parking and any nonresidential uses be established. 3. Active Urban District a. Stand-alone Nonresidential Uses: As required by Division 3 of Article 15, Off - Street Parking Requirements, SAMC. b. Stand-alone Residential Uses:Asrequiredby Division 3 of Article 15, Off -Street Parking Requirements, SAMC. c. Mixed-use Developments with less than 10 percent of the gross floor area devoted to a commercial activity: A minimum of 1.8 spaces per residential or live/work unit inclusive of guest parking and any nonresidential uses. d. Mixed-use developments with 10 percent or greater of the gross floor area devoted to a commercial activity: Any development proposal that devotes 10 percent or more of the development's gross floor area to a nonresidential use shall be required to provide a parking study by a city approved consultant to establish an adequate parking requirement for the mixture of uses in the proposed development. In no case, however, shall a standard of less than 2.25 spaces per unit inclusive of guest parking and any nonresidential uses be established. 4. Office District a. Office or other permitted nonresidential uses: As required by Division 3 of Article 15, Off -Street Parking Requirements, SAMC. B. In addition to the parking requirements above, new developments in the MEMU Overlay Zone shall provide parking in compliance with the following: 1. Guest parking at a rate of 10 percent of the total required parking spaces shall be set aside and assigned for the exclusive use of guests in any development project within the MEMU Overlay Zone. 2. All residential units shall be provided a minimum of one (1) assigned space per unit. In order to provide well-designed parking areas that enhance the pedestrian experience and adequately provide for the mixture of uses that may occur on a development site, the following standards shall be required for all new developments within the MEMU Overlay Zone: 3. Parking facilities (surface or structures) shall be located below grade, behind buildings, and/or screened from the main right of way and all active public areas, except for areas designed for and devoted to vehicular access, drop off, or valet parking. Those portions of new parking structures that face a public street shall include commercial spaces or other pedestrian oriented design features at the ground floor level. Screening of parking structures along main streets 4. Parking spaces specifically designated for nonresidential and residential uses shall be clearly marked by the use of posting, pavement markings, and/or physical separation. Parking area design shall incorporate a separation of the parking for nonresidential and residential uses, except that guest parking may be combined with nonresidential parking as long as the total required parking for the development is not reduced. 5. Driveways shall be a maximum of 24 feet wide, in order to enhance the pedestrian experience, except as required to satisfy fire and/or waste collection requirements. A maximum of one curb cut shall be permitted for each parcel with up to 150 feet of street frontage. Development sites exceeding 150 feet of street frontage shall be permitted a maximum of two curb cuts. Three curb cuts shall be permitted only if a separate residential entrance is required. 5.0 Desian Principles The MEMU Overlay Zone establishes qualitative design principles that will be used by Staff and decision makers in evaluating proposed projects. This section establishes qualitative design standards intended to guide the developer to achieve the image and design desired for the Metro East Overlay Zone. Staff and decision makers will use these principles to review proposed development projects and determine their approval based on the extent to which the plans address the intent of the City for the area as part of the MEMU Overlay Zone Site Plan Review process. 5.1 INTEGRATED DESIGN The design of buildings, signs, landscaping, and other structures or elements shall feature a unified and integrated theme. 5.2 ARCHITECTURAL QUALITY Projects shall utilize materials, window and door systems, hardscape, softscape, and water features, and architectural details and components throughout that convey a distinct sense of endurance and quality. 5.3 ARCHITECTURAL VARIETY Projects shall utilize architectural means such as varied massing, breaks in plane, a diverse palette of high-quality materials, and changes in form, proportion and detail, as well as a variety of unit types to create variety and differentiation between and within project In order to further promote variety and interest within the project as a whole, the use of more than one architect is required for projects on development sites with an area that exceeds two (2) acres. This requirement can be met by compliance with any one of the following as approved by the Planning Manager at the time of the initial Site Plan Review: a. Architectural design is completed by two different firms b. Architectural design is peer reviewed by a second architectural firm c. Architectural design is completed by different studios within one architectural firm d. Applicant conducts an architectural design workshop with City staff in the early phase of design 24 Street -facing building elements and massing 5.4 MASSING a. In general, project massing should be broken down into discrete building elements and components that reinforce a continuous street -facing urban block pattern. This pattern should be broken by intervening the required publicly accessible open space areas. See Section 4.5. b. Within this block pattern, individual buildings shall be massed such that individual building planes or architectural masses do not exceed one -hundred -fifty (150) feet in length. c. The design of buildings shall incorporate a variety of massing and forms to introduce variety at the ground plane and skyline of the project. 5.5 FACADES a. Street facing facades shall be architecturally enhanced through the use of arcades, colonnades, recessed entrances, window details, bays, variation in building materials, and other details such as cornices and contrasting colors. b. Building step backs at the upper level of buildings along public rights -of -ways in the Neighborhood Transitional, Village Center, and Active Urban Districts shall be provided as a means to provide building articulation. The building articulation may include private/ common open space terraces or roof decks. The minimum upper level setback area shall be 10 Ft wide (parallel to the building fagade) by 6 Ft deep. c. Buildings facades shall be articulated through the use of separated wall surfaces, contrasting colors and materials, variations in building setbacks, and attractive window fenestrations. Contrasting colors and materials d. Street facing facades shall be integrated with public plazas, mini parks, outdoor dining, and other pedestrian -oriented amenities where feasible. Street-focing ground floor elements 5.6 GROUND FLOOR USES a. Ground floor commercial or retail uses oriented to the street shall provide primary pedestrian access directly from the adjacent public street frontage. b. Ground floor commercial or retail uses oriented to the street shall incorporate the use of overhangs, awnings, or trellis work for at least 60 percent of the frontage. 5.7 COMMUNITY CONNECTIONS Project site plans shall create community connections and linkages between developments within the various Districts within the MEMU Overlay Zone area, as well as facilitate comfortable and visually interesting pedestrian and bicycle movements. a. Pedestrian- and sidewalk -oriented buildings. Projects as a whole, as well as individual building components, shall reinforce activity and pedestrian scale along adjacent sidewalks through the use of active building entries and frontages, and/or publicly accessible open space fronting the streets. Pedestrion/bicycle oriented streetscope b. Pedestrian -oriented sidewalks and streetscapes. Projects as a whole shall incorporate design and development features that facilitate pedestrian and bicycle -scale orientation at the street level. These features include, but are not limited to, street trees, improved medians with trees, widened sidewalks, pedestrian -scale lighting, integrated bicycle paths, curbside parkways, and feasible curbside parking to create a streetscape that accommodates increased and comfortable pedestrian and bicycle use. 5.8 LANDSCAPE BUFFERS a. In order to establish a strong public street and sidewalk edge, building massing shall establish variation in relationship of the building frontages to the street. Landscape buffers should be provided along driveways which are adjacent to any project which includes residential development. „--.1- -- Podium parking screening b. Landscape buffers in addition to other screening techniques should also be provided as a means to screen trash collection areas, and above grade surface parking. 5.9 PARKING Parking areas, whether at grade or in a structure, shall be completely screened from the public street view. Above -grade parking structures shall be completely screened at the street level by architectural features including retail spaces, stoops, porches, landscaping or other pedestrian oriented design features. 5.10 ENERGY CONSERVATION -SHADE AND SHADOW Energy consumption shall be minimized using the following features where feasible: cogeneration, solar access, south facing windows with eave coverage, double glazed windows, deciduous shade trees, good ventilation, efficient lighting, and day lighting. Individual units, where possible, should be oriented such that they receive a minimum of two (2) hours of direct sunlight in major living spaces such as living rooms, dining rooms, dens, great rooms, or kitchens on the day of the winter solstice. 5.11 RESIDENTIAL UNIT SIZE An average unit size of 1,200 square feet per unit will be used as a guideline to assess the overall quality and livability of any residential units. The mix of unit sizes within a project should be more heavily weighted towards units larger than 1,000 square feet in size. 6.0 Sians Building identification and signage can be used as a creative tool to enhance the look and design of a development project. When signs are designed to complement the form and function of the building and its users, it contributes to the aesthetics of the project and aids in way finding. The City desires to encourage creative sign proposals where the standard provisions of Article XI do not well suit a particular need, situation, or circumstance. In exchange, certain signs that otherwise would be allowed by Article XI might not be allowed. Main access signage 6.1 MASTER SIGN PROGRAM Building identification and signage can be used as a creative tool to enhance the look and design of a development project. When signs are designed to complement the form and function of the building and its users it contributes to the aesthetics of the project and aids in way finding. The provisions of this section encourage creative sign proposals where the standard provisions of the sign code may not well suit a particular need, situation, or circumstance. In exchange, certain signs that otherwise would be allowed might not be allowed in the MEMU Overlay Zone. Prior to issuance of any sign permits or certificates of occupancy for any building or portion thereof, a master sign program for the entire site, including directional signs and graphics for any parking structure, shall be submitted to the Planning Commission as part of the MEMU Site Plan Review application. The purpose of the Master Sign Program is as follows: a. The primary purpose of a master sign program is to provide a mechanism by which the sign regulations established in the SAMC can be modified to ensure that signs for a uniquely planned or designed development are most appropriate for that development or area. b. A master sign program may include sign regulations that are, at the same time, both more restrictive in some respects and less restrictive in other respects than the regulations established in the SAMC. Less restrictive provisions in a master sign program may also include signs that are otherwise prohibited by the SAMC. c. Each master sign program application shall show to the Planning Commission's satisfaction why the modifications requested are warranted and how the total sign proposal for the development meets the general purpose and intent of the SAMC. Secondary access sign d. The Planning Commission shall approve, conditionally approve, or disapprove any application for a master sign program based on the signage and its compatibility with the proposed development project based on the following findings: 1. Compliance with the objectives of the MEMU Overlay Zone as specified in Section 1.2. 2. Compliance with the purpose and objectives outlined in the Citywide Design Guidelines; and 3. Compliance with the purpose and intent of Section 41-860 et seq. except for the variations specified in the Master Sign Program application. e. Applications for a Master Sign Program that are denied by the Planning Commission may be appealed to the City Council. Appeals from decision of the Planning Commission shall be processed and considered consistent with SAMC Chapter 41, Article 5. 7.0 Compatibility/ rational Standards The following standards are intended to ensure the compatibility of the mix of residential and nonresidential uses that may occur within one building or on a development site in the MEMU Overlay Zone. These standards are intended to mitigate the potential impacts that may occur as a result of the interface between nonresidential and residential uses within one project. 7.3 LOADING AND UNLOADING Every building involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity shall provide adequate area for the loading and unloading of vehicles, include moving vans, garbage trucks, and other delivery vehicles. 7.1 SECURITY Residential units shall be designed to ensure the security of residents through the provision of secured entrances and exits that are separate from the nonresidential uses and are directly accessible to parking areas. Nonresidential and residential uses shall not have common entrances that provide direct access to residential units. The separation of entrances shall be shown on the development plan and the separations shall be permanently maintained. 7.2 RESTRICTION ON ACTIVITIES Commercial uses shall be designed and operated, and hours of operation limited, so that neighboring residents are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries, or late night activity. There shall be no loading or unloading of trucks between the hours of 9:00 P.M. and 9:00 A.M. 7.4 VIBRATIONS AND ODORS No use, activity, or process shall produce vibrations or noxious odors that are perceptible without instruments by the average person at the property lines of the site or within the interior of residential units on the site. 7.5 LIGHTING Outdoor lighting associated with commercial uses shall not adversely impact surrounding residential uses, but shall provide sufficient illumination for access and security purposes consistent with the lighting standards in Chapter 8 of the SAMC (Security Ordinance). 7.6 WINDOWS Residential windows shall not directly face loading areas and docks. To the extent windows of residential units face each other, the windows shall be offset to maximize privacy. 8.0 1=1ernentation This Division includes development Standards and design principles that are designed to work in concert to facilitate the vision for the long-term development of the MEMU Overlay Zone. Successful implementation of this Division requires effective and coordinated administration of these required standards and principles by professional staff on a cooperative basis with developers and property owners with the goal of expediting the entitlement/permit process for projects consistent with the plan. 8.1 MEMU SITE PLAN REVIEW BY PLANNING COMMISSION A. Anyapplication fordevelopment subjecttothe provisions of the MEMU Overlay Zone shall require filing an application with the Planning Manager for approval of a MEMU Site Plan Review by the Planning Commission. The application and development plan shall contain the materials outlined in the Planning Division's Development Review Committee Checklist which includes but is not limited to the following materials that shall demonstrate conformance with the provisions of this section and other required sections of the SAMC: 1. A site plan consisting of architectural drawings or sketches and plot plans, all to a workable scale and fully dimensioned, showing the elevations of the proposed building or structure, off-street parking and other physical features such as trees, hydrants, poles, and other installations, and any other such information as determined necessary by the Planning Manager to fully evaluate any requirement of a building permit. 2. A landscape design plan, pursuant to the requirements of Section 41-1507, showing fully dimensioned private, common, and public open space areas. 3. A master sign program, pursuant to the requirements of Section 6. B. Upon receipt of a MEMU Site Plan Review application, the same shall be reviewed by City staff to determine conformance with the provisions of the MEMU Overlay Zone and referred to the Planning Commission for review and recommendations. The Planning Commission shall review said plans for the purpose of ensuring that buildings, structures, and grounds will be in keeping with the compatibility standards and design principles of this division, and will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the MEMU Overlay Zone. Depending on the level of conformance with the findings of the MEMU Overlay Zone, the Planning Commission may take any of the following actions: 1. Approve the development plan 2. Approve the development plan with conditions 3. Deny the development plan 8.2 FINDINGS FOR GRANTING A MEMU OVERLAY ZONE SITE PLAN REVIEW APPROVAL The Planning Commission may grant a MEMU Overlay Zone Site Plan Review approval subject to finding the following: a. That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU Overlay Zone. b. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU Overlay Zone. c. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU Overlay Zone. d. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU Overlay Zone. 8.3 CONDITIONAL USE PERMITS, VARIANCES AND MINOR EXCEPTIONS Conditional use permits, variances and minor exceptions in the MEMU Overlay Zone shall be processed and considered pursuant to SAMC Chapter 41, Article 5. 8.4 TIME LIMITS MEMU Site Plan Review shall automatically become void after two (2) years from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the MEMU Site Plan Review. City Council may, by resolution, extend the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three (3) years in total beyond the date it would otherwise become void. Acceptable action shall be considered to be actual construction, alteration, repairs and use of the structures and land. Preparation of plans, financial negotiations, or change of property owners are not considered sufficient evidence of action. 8.5 DEVELOPMENT CAPACITY MONITORING AND ENVIROMENTAL REVIEW In order to maintain conformity with the provisions of the environmental analysis completed for this project under the California Environmental Quality Act (CEQA), development capacity within the MEMU Overlay Zone shall be limited to 1.27 million gross square feet of commercial (retail and service) and 3.41 million gross square feet of office space. This corresponds to a potential net increase of 963,000 square feet of commercial, and 690,000 square feet of office space, and the potential for 5,551 residences above existing development constructed prior to March of 2007. When new development within the MEMU Overlay Zone reaches 80 percent of the allowable increased capacity, )ment shall be entitled until an environmental review, including a traffic study, has been completed pursuant to CEQA. These development capacity "triggers" are as follows: a. Commercial -770,400 square feet b. Office -552,000 square feet c. Residential -4,440 units 75B-269 75B-270 Table of Contents Intioductiori.: . ................................................................................... 2 = Site and Planning Context 3 ' Metro East Public Realm A"meiiity Plan, 4 Existing Conditions - Photo Survey.......................................................5 Existing Condirions•. - . Base Map..............................................................14 Street .Trees' ` Locations and Types 15 StreeCLights. Locations and Types 21 .''Existing §tri ekscapes . Typical Plans and Sections..............................23 • : MEMU Overlay' Developniezit Zone ' Metro. East'Pitblic Realm Amenity Concept .: .............................................30 Proposed -Easements .,' 31 StreeETree.s32 Pedestrian Street Lighting 33 Improved Streetscapes' Typical Plans and Sections..............................34 CostEstimate .. ................................................................................... 41 ra, °fsu uu a°° \Ictro East Public Realm Amenity.Plan l z 75B-271 Introduction.. The Metro East Public Realm Amenity Plan is an outline of streetscape and open space improvements that reinforce the new uses proposed for the Metro East Mixed Use Overlay Zone. The improvements of this Plan are in addition to the normal infrastructure improvements that are consequent to new development. These improvements are proposed to ensure that the public realm complements and supports the introduction of residential uses into this formerly commercial area. Additional street trees, pedestrian scale lighting, district identity signs, water features, improvements to the character of Golden Circle Drive, and the acquisition of new open space amongst other improvements are all proposed to establish the amenities required to both attract and support quality residential and mixed use development. The goal of this public realm plan is to ensure that appropriate high quality streetscape and open space improvements are realized as this area emerges as a mixed-use urban village. • A4etro I ast Puhtie Realm, liiieniry Plan 75B-272 Site and Planning Context Bounded by the Santa Ana Freeway to the East and the Costa Mesa Freeway to the West, the Metro East district covers approximately 147 acres of land in the north-eastern corner of the City of Santa Ana. ai o C U C W J C7 Santa Ana Regional 4 e c .P m LL I Transportation Center o d d Y c L) r h 1 114 mile • 1 Fourth St. 4y 12 mile r I • First St.— 1 T ;, y 1 mile 1 1 . - 1 - 1 12 mile N Key — - — Stria), Area o silo laoo tT -- Ch),Bmmdan, � n /a5uin \Intro Cast PuLlir f r Im _A1 nr1>.it) PIa11 3 75B-273 G Metro East Public Realm In conjunction with the Metro East Mixed-Use.Overlay I Amenity Plan Zone, this amenity plan provides a framework from Which to build a clear identity for the district. 13a..9 o 1a Key open J wwc space --'— Cip•Uoundan• --- rsishng Parcel Lroes ---- Setback Lines L rrisrings(reels ® ddditlaral Setback rasentenes Ellsr a,Real n Amenity 75B-274 It. open J wwc space ! rsisling Street Trees • r_ris(ing Pnlnt Trves • ryeu• Strut Tees loi Abu, Pedesitian Soret fights Ellsr a,Real n Amenity 75B-274 It. Existing Conditions Urban Studio documented conditions in the field, Photo Survey Locations the streets, sidewalks and open spaces that define the areas public resources. In general, district open space character has an incomplete sense of place with few fully realized streetscapes and little connectivity to the surrounding area. Cabrillo Park 38 .,.- , •; 33 J35 ii 11 ' H12L .� 14 15 \-` 171 19 18 21 - - `'�.� •itl j• -J`:- 231.,40',:� _ 1• `i r lT r�• - - - �. _ vT r. -� 41 __ _ A, X29�i.-14r 1 - 39, q aa�l r! `( _ ff i,•. R• 421 � 41.1 34 ' '>Y 31 7I10 3 2 1361 c � i A� t_ - • g Vq —': tt Key N -- Studt'Area "'0 250 500 Fr(D 00, Boundary - \-Ictro Last Public Realm Atnenih° Plan 5 75B-275 r I Existing Conditions First Street is.automobile oriented. There is no First Street sense of arrival or signage that marks the,district. t Street tree plantings'are inconsistent and in many locations non-existent: r ��� Lam ,.__=:-..:.:_ -" .• u.-.. .z.-, - _ - +��Oa� s. - �� First Street and Cabrillo Park Drive Looking West to East r =r / - •:ter` j.'. ��� First Street and Golden Circle Drive Looking North L I!. All r tom- �• ` �: x ��First Street and Tustin Avenue Looking North � -' 14 a7 gfSanrapna-_ \Metro )last Public Realm _Amenity Plan L 75B-276 Existing Conditions The First Street environment mainly addresses the, First Street functional requirements of the automobile. (continued) First Street View East First Street and Freeway Looking First Street View West to Freeway 2 First Street Panorama South Side First Street South Side 9 First Street South Side �1 First Street South Side \-Ictro East Puhlic.Rcatrq-tl'meni Ly- Plan 75B-277 r• i Existing Conditions Fourth Street is the central east-west street that Fourth Street bisects the district, but has missed median . opportunities and no sense of a�ri-val from the surrounding area. L. 7r�(frn113 ..��� to (i' 4 � as Fourth Street and Cabrillo Park Drive Looking East to West 6 L A J i• cy i a s - d ���Fourth Street and Golden Circle Drive Looking North �. yy r IN iL,r�: _ �I� �a1 Fourth Street and Tustin Avenue Looking West to East rra:rzfsurz:rzarzrz INIetro"EastPublic Realm Amenity _Plait .: = 8. 75B-278 �' I Existing Conditions Ini:onsistentstreet tree plantings -'along Fourth Street '. FouitH$tieef- and undertltilizetl landscaped medians provide little. . - ... sense of identity. _ (continued) •. in WR Fourth Street Looking East to Fourth Street Looking South at Fourth Street Looking West to 14 District 15 Freeway 16 Freeway Overpass Fourth Street Looking South to Fourth Street and Park Center Fourth Street Looking Northwest fro 1 Commerciat Building 16 Drive Looking East 1 g Intersection on Golden Circle Drive ==and and Tustin Avenue Fourth Street Looking Southeast at g Fourth Street L000king East Towards 20 Looking West to East 21 Golden Circle Drive 22 Tustin Avenue ayoJsoman��. - �--Ictro G1st Public Realrri,rYmcmty.PlSn .' - � '9 75B-279 Existing Conditions Golden Circle Drive Golden Circle:Driye.is the main centrally located, north -south street that serves the district. r JrYy MUMi� Tv F t :� at iNE THEME BUILDING ft'. r I L 23 Fourth Streel Looking North at The Theme Building Looking The he Building from the Golden Circle Drive 24 North at Golden Circle Drive 25 Southwest P t �r J rt n Golden Circle Drive: Western Golden Circle Drive: Northern Fourth Street Looking Northwest from L 26 Secf an Looking North 27 Section 28 Intersection with Golden Circle Drive I 11 L, �\ Golden Circle Dr ve West Side �n1 Golden Circle Dr ve East Side Golden Circle Drive East Side cilof4*.A°° \tetTo'last Pnb_lic Realni tYmenity.PlarL 10:: 75B-280 j` Existing Conditions Cabrillo Park Drive connects the existing: uses to tthe Cabrillo.Park Dade major public amenity in the area, Cabrillo Park Cabrillo Park 33 Cabrillo Park Drive and Park Court Place Cabrillo Park Drive 34 East Side 35 Cabrillo Park Ddve View to Freeway 36 Cabrillo Park Drive and First Street 37 Golden Circle Drive East Slde ltetin`L'aist Eubfi'c Rcalm-rCmenity Ylau:. :11 75B-281 Existing Conditions Tustin Avenue provides a connection to the public . r° Tustin Avenue bus transportation lines running north and south through Orange'County. rr ❑, Tustin Avenue and East 6th Street Looking North to South i Tustin Avenue East Side �n1 Tustin Avenue East Side ��� Tustin Avenue East Side ( , �1 42 Tus[in Avenue West Side ��� Tustin Avenue West Side �� Tustin Avenue West Side - arolsa�,a l- .1,0`Eas[ EutrGc Re11ai _ nenity Plan - 12 Q+ 750-282 i Existing Cont iEions Street lights along the eastern side of Tustin Avenue Tustin Avenue are n.requentlyplaced. . i (continued) 9 47 Tustin Avenue East Side 48 Tustin Avenue East Side Cd�f�fSamnMo; ' iv L•'ast :PubGd Realm-tlinenity.PLjn 13 75B-283 Existing Conditions The existing conditions of the Metro East district Base Map include limited street tree plantings, a lack of distinctive markers, and lighting oriented towards the automobile. K V CABRILLO PARK ---- Ella� L"J I�o �PARKCOURT PLS • C _ �_� ... _ ��• a i � �i zCB�G l a p 777f a (iC L Fill FIFT f -FIRST T. - - L r L n L r, L r L l Key N ` Study Area Existing Street Lights o Iso aw Fr --- City Boundary Q Existing Street Trees Bus Stops (Routes 64 & 71) ® Existing Patnt Trees SiglraJizedlnterseclion I I u, Notes • Existing bus stops along 1st Street and Tustin Avenue. •Existing street trees vary in distance. LI • Only existing street lights; no pedestrian lighting. r� II L Nfetro East Public Realm Amenity Plan 75B-284 Existing District, Street Tree Types The existing trees along Tustin Avenue vary widely in species. RRA CA9 UO PARK �J ) I O LI =CT16 -_---_—CI__�.�.� �PARrIIC tl TPL-vim L:iO+ (� �i . 15 © ILI a �_ Fn r 1z Qin r�l' o —� Q (7 �lil 5 r \li �l Key - — 'Study Area --- Cily Bounday Existing Stree( Trees • Eris(ing Pabn Trees N o iso aaoFr(D @Pyrus Kawakamii)Ligustrum Lucidum 3i Liquidambar )Syagrus Romanzoffianum Metro Last Public Realm Ameiiky Plan la 75B-285 Existing District Along First Street, the predominant type of street tree Street Tree Types is the.Leptospermum. QBraheaEdulis (6.)Leptospermum t7), Leptospermum Leptospermum ° 7,77_-_._____��qq L x _ f L tilEk ItI t. '[fir • ._ ire a 1 • _ ��Ii�' �� r J � . t' �. � L . 0 Leptospermum C 01 Leptospermum ft✓+ Leptospermum (CZ Leptospermum 111 i �V z� �_ r 1061 O3 Callistemon Citrinus 14 Callistemon Citrinus i@ Callistemon Citrinus -\,fetro Exist Public Realm Ameiiit),Plan, 75B-286 C` Existing Distilct Pinus Canariensis and the Ficus tree occur primarily " Street Tree Types along the existing medians t1 -. MRILL0PARK - J I r ! �PARK>CCVWPL I I + I © � , a �J � a 4 ...,�- 13 12 ° GI 1 If JJ a R Key N — - — Study Area 0 Existing Street Trees D Iso 300 Fr -City Boundary ® Existing Palm Dees Ficus I Metro East Public Real rnA inemty, Pl in I 75B-287 @ Ficus r' l Existing District Long portions of sidewalk along Fourth Street contain r, - Street Tree Types little or no landscaping. i s <� r - •A . U . <1 I (a) Pinus Canariensis @Ficus (6)magnolia Grandiflora 1 ,{ .1 i54 L. t�7• Callistemon i,8i, Washingtonia/Queen 0 Washingtonia 00 Magnolia Grandiflora Palm P JI 1i1 Magnolia Grandiflora 1^U2 Platanus 13- \4ctro t aSL Public kcalm Amenity Plait T8' 75B-288' Existing District Lagerstrobniia Indica is the existing median tree -Street Tree Types along Cabrillo Park Drive CARRILLO PARK — -- 013 J t o -1a ��, 12� 6 .� _ __ :� :115 17' a^a^+IDPARKCOURT PL'x-^G5 ftN _ w 1 II nll .FIIFh` 10 ' U L'7 94 •' - O - - _ - FIRST ST. Key — – — Study Arra City Bomrdary C' Existing Street Trees ® Existing Palm Trees N 0 150 500 Fr 1®King Palms @Lagerstroemia Indica 0 Lagerstroemia Indica ' CnbfSpnlaMb_ - \Iceio l ast Public.Realm-rYmendy. Elan 75B-289 Existing District Platanus and Liquidambar trees defirie the street r Street Tree Types along Cabrillo Park Drive. L L Y �"'�' ��. � � Y' •K,`yt, lam. _ ' is �^`+1 .8" 1 s moi. S + . � �,•f Sir ��y,.AY; 3'.: .• M•a �� �} � �o nh �p f .�;',�� yh ytl'' ..rA ,'wiz "°�: i�_ 1 -_ ( � �� -- 1= S -.. ,• -�- - L. Lagerstroemia Indica @Platanus @y Platanus r I 1 �• '�a � � 1 "�. �� nits �i'.`�.`�'t ��., � • i` ,qf i■I 7 1t -_"`�' . - __ _. ---- _•au .� r' rte`' — 4_-! L. ;T` Platanus R,�Lagerstroernia Indica CR) Pinus Canariensis 1 Platanus (( Al 0 Olea Eoropaea 12 Liquidambar 1@ Liquidambar (C4) Liquidambar (j L: Metro Last Publt'c Realm Amcniw-Plan 75B-290 Existing Street Lights . All of the street light,types in the area are cobrahead Locations.and Types:variants Key - — Stint, Aiwa --- City Boundmy ® Existing Sheet Lights Signalizedbrtersection I N 0 Iso JOa FT i cpoJsuurs � : tMctro last Public Rcalm-tlmemty Plan 75B-291 Existing Street Lights ` Street lights along the First Street corridor are - Locations and Types irregular. + +♦ Hyl 1 �' 1 e• t _ iA rum, 0 it w•im 3q� � _e J _ - • is 's ° G- R fl• s U: l: metro l ast Public Reairri•Amenity Plan 22 j 75B-292 Q` Existing Streets ._ Wide stredtsand 'incorisistentstreet lights provide low .' Typical Plan and Section, visibility for passing traffic and the surrounding enviroriment. .' " Main Traffic Corridor Scale: 1"=25' OD,vfsanta Ana - 1�'tEII'O:Last Public ReaLri-rlmenity. Plan- _ i3� 75B-293 U Existing Streets The existing medians and sidewalks along Fourth Typical Plan and:Section Street are sparsely landscaped and make little use of e the potential gateway qualities of this major street. �5 42'-0" 42'-0` [a--v s� `E } i l 41, i fi 1 �c 1 r a Central Street Corridor Scale:l"=25' \fe[ o'Eak Public_Realm Amenity Plan 424 .7513-294 I Existing Streets" Cabrillo Park'gnve maintains a'fairly uniforrn'row of Street: How Typical"Plan arid -Section street tree ,planting;th of Fou'rtti ever, the southern pprtion.6f the street breaks with the regularity. B'-0- 32'-0" I 32'-0- 1 Bb' Local Access Street Scale: 1"=25' Metro ,G-jstPubli'RcalrritVricrutyPlaii 75B-295 E' Existing Streets : Golden Circle Drive_is a narrow two lane street Typical Plan acid Section providing access from First to Fourth Street. E° E' E' P i 22-0• 22'-0• 8--W 1, 1 S V N ;=7 a .0. ' zz-05 ll zrff t -e-W [ T Typical Main Street Scale: 1^=25' qJ°rs°"'°A"° - .. Metro East Public Realm neruty Pl f DO -296 8'-W I 2Z-0• 2Z-0• I 8'-0 I Secondary Local Access Streets Scale: 1"=25' cal"Ls�6euaI Me[ro Eask Public Realm�AmeiuLyrylan 27 75B-297 r MEMU Overlay Development �. Zone Districts 1 F Key — - — Sturdy Area District 1: Neighborhood Transitional -- City Boundary ® District 2: Village Center Existing Parcel Lines ® District 3: Active Urban L ❑ ❑ ❑ Improved Pedestrian and Bicycle Coirldor Pedestrian -Oriented Uses on Ground Level fes, Pedestrian Linkg, Existing Office Uses o zso soon �) 1,500n. Radius Walking Distance ® jj q , q&s .I^A^. ` ' Metro Gast Public Realm Aiiteiiity. Plait - 28 75B-298 C. 75B-299 District 1 Neighborhood Transitional District 1 is intended to provide opportunities for low -intensity development that acts as a transition between the single-family residential to the north and the adjacent high-intensity Active Urban District. District 2 Village Center District 2 is intended to serve as the focal point and central gathering place in well-designed highly connected development sites and public sites. District 3 Active Urban District 3 is intended as the location for well-designed high rise mixed-use developments in a highly urbanized environment. r j r Pedestrian -Oriented Uses on Ground Level Pedestrian -oriented uses are intended to generate pedestrian activity and provide uses that are neighborhood serving and contribute to an active street life. Existing Office Uses Existing office uses include low and high rise office development along Tustin Avenue and the Santa Ana (1-5) Freeway Corridor. :.i4ctro)astPublic 'Realm•rUiicnity:Pian. 29 75B-299 Public Realm Concept The,proposed-public realm amenities will enhance the �r pedestrian. scale and quality 6f living in the area. Key ., — - — Study Area N. District 1: Neighborhood Transitional ---- City Boundary _ ® District 2: tillage Center FQ Existing Parcel Lbrea District 3: Active Urban Gateway Opportunities Pedestrian -Oriented Uses on Ground Level ❑ ❑ ❑ Main Trac Corridors 0 Exrsting Office Uses IN IiR Local Access Streets (existing & new) E E9 l) Central Sheet Corridor• Open Space/Pedestrian Linkage Component EBB Main Street ` j 1,500 ft, Radiu, Walk -Ing Distance o xst 500 FT ■ E.■ Alky Sheet with Pedestrian Orientation g`9 els°araAa° . ' \Metro fast PuUlic Realm tlinemty Plazt .. ' 30 _ 75B-300 _` Proposed Easements By allowing for greater easements, this plan provides an opportunity to Create a walkable environment and a friendly pedestrian atmosphere. I CAaR.= PARK r 7 —1 ! — — — �j, —t -----r- t - I 7 �- a C j li I I -_ 1—=' -- Key Selbnck l finer ---- CQr ltnundar�• i-xisling Snretc —•— Esisling Pnael Lines ® A&Ihiaual Selbach Lirsernenls i 11111/10 OpenSpace Notes . Minimum 35,000 SF of publicopen space including be /j roads shall created within this area. . NEW and EXISTING Dimensions from Center of Right -of -Way. N ci tso ;arr-r ra I_6 Nletro E:tst PLII)IIC Re:tlni Amenity Plan 75B-301 Improved Condition Consistent street tree plantings throughout the district Base Map provide a coherent visual identity and an attractive Street Trees streetscape for visitors, workers, and residents. - �^^'d dal?rl �'11.1ra a. v. b T� • Y � a Y I i 1 F r _ 9 a reel �— r . O , n.• e a Key N i Study Area O Ecisting Street Trees o 150 300 FI' r -•— CityBoundary ® Ectstinglcalnr Tires -- Setback Lines New Street Trees Y 4 Notes: r • New street trees should average 30' on center. L • Flowering trees at medians create seasonal color. R R o"'fs nsa'l.° Alctro East Public kc dui Anici iq' Plan 1,,32' _ 75B-302 Improved Condition Regular pedestrianstreet lighting throughout the Base Map district increases night-time visibility and safety for Pedestrian Street Lighting _ Pedestrians.. CAaRILLO PARKIf II 11 ---•-- - �J'' �; —•—ISI--- s��•—•—'+r=I_ I: 7C71,-�Iil : �� 'I u ij =PARK*OURT PLo NE ET • E6THS . . r `w yd a it if LIJ1i L F'Lr jn ,3 b lIIJJJ - d i a 7 M N o — I fill UA ILI - I Key -- ShldyArea -- CityBotmdmy ---- Setback -Lines ®B Bus Stops (Routes 64 & 71) QQ New Pedestrian Sheet Lights Notes - Pedestrian lightpoles in the Central Area every 60 k. N b Iso toorr I c."`°ls° °""°_. \Ictro E6M Public Rcaliri Arh'itN Plain '33' 75B-303 Improved Streetscape Typical Plan and Section District signage and flowering trees. mark Fourth Street as the major gateway into the district. h Improvements• - P a'd7siricCsignage:8;+identify'. z _° with,f16w6ring tees at.; "remaihd&-of•median ■ i 0' vs 8' sidewalk of 5;:parkway at curb Infill. ■ Magnolia Giandiflora of ' impar att 30' o c along ,,:sidewalk-.'"--.-.,-.-' ■ Pinus:Canatiensis;or.similar_. L iS.rrat�t30'�gcon;median�":-:_, _ S ■ F'yrus Kawakamu orsirriilar aft30 o c on median: `, x ' L-r < ti a . n I Gi— x c t mil Gni .� �- 15'-0 42'-0' I� 42'-0' I 15'-0' I ' Ryn s Kai va.'amn � ..a7 -0" i , ST -o" l ;I L. vp ! Mdk) to gGranaifloraper- Pedestrlan Ua-ht Poies { a i 1 ! '1 n III _ � i � � �'■�' , , l � � I, � � . v. _ .s:, i ,ow^ ;i -0 x, ,r-0' •jl 1i'-0 ,`:o 1 n-0' ;;..,;w^ { ,a'-0•— to' -0° I i Gateway Condition F --- C Scale: V=25' r'+}°fs"nw't.. Me" G-st Public Realm Amenity Plan 75B-304 `Improved $treetscape' Wider sidewalks m conjunction with the parkway" . Typical Plan'aisd Section enhance the.overall quality of the urbari environmerit for both pedestrians and automobiles Imvrovemerits.. 4 ■ 10' Vs 8' 9 e I v'., j ev5"parkwa'..atcurb;.; ■, New pedestrian light poles aiq t 60'o:c:'along"'sidewalk;.' , Magnolia Grandiflora or similar at t,30`o c along .: � Sidewalk, ` I ■ Pirus Cahariensts or, stmllaz at't 30' o:c. on median .l I is, -0, I 4r-0• I. aro• 1. tsw° I. azo ! _ I �Igz-0 l II i � •' �I it � �1: is 1 4 MagnolrnGrandLied - l Pedestrian L'ight`Poles i 7 t��.' + �` 1 too - ; ts-0 .n no• ,� tro a tro° ,,i tib• hI aa' -W ,,•B 10--0* j '71 c wr i i B Central Street Corridor Scale: V=25' P;y.fsa4iaAna.'-• \Ictio'Last Publ cRealrn rCinenrty,I'lan 35 75B-305 Improved Streetscape . Decorative paving and pedestrian scaled lighting place Typical Plan and Section an emphasis on the walkable nature of the district. C Improvements: -. ;:-One lane .in each direction- : with parking on both shies ; 51 8'.sidev4k i!* ppdrkway at curb ■ pedestrian light poles'at t l' •: 60'd.6, iri:line.Mth'irees.' ■ Liq{dambar or similar at t `30;o:o.;alorig sidewalk •r'+" ,+s 3 , , ir-a 22'-0 2r-0• 12'-0• I '34' 0" i t '.� �. 22'.0•., 22'-0' - 9 Lrgmdombar bI Pedestrian'Light Poles: AUenradve./ '3 -I t j { �.:I 1' I I 8'-0' 9'-0• , '/3-0• SII 7d'-0' -1w-0 #7I'-0• j ii ell < .. f i�.ilternarire,l' ^ I I �`. a �' 1 — Ii r Secondary Local Access Streets r=25' c'�y°fS°w.A"° \'fetio`Eas-t Public Rcalm Amenity Plait: . 75B-306 L. r' L. L. n• r, r' U. i. Propose"d Streetscabe Greater allowances for the parkway11- provide ti.^E�ical .- Typical. Plan bet'we6n.'p6d6stdaris Eind'abtomobile traffic. in PI and Section - - - tur'n,,this puffer 'in'direases the com ort- eve] for pedestrians., Improvements roverfientsal: K-13!,sidewalk i,: at-CurP 60!�6'qJh liheVvith tees, zw,P'yr—us'k'aw'aka-m-ii-:':ol'r:siffiilar at.E 30 ox.-..alonq.sldew k, ospenin'"v, NN &j Main Traffic Corridor ��Sca'=26 le. �l Ntet.rb.Eot Pu.blic Rea m:Arneh!ty..Plan 75B-307 Proposed Streetscap.6 Plan and Section ""IftiDrovements: 1 ■'4'sidewak ;'T'.4"pa(kw4y a!,ciiirbi. av o . in iine wim trees i!'P_ lat&kh iUs brilar�at"�� 3& -o:c.'al6rigj'sidewalk ­,' tat.:k 30 ox. along mediary, 'a'gerstroemia Indica or". -a . simil - arat 2.0.. o.c.ialoqg- - ,median tett 1, 44 11 "'A 7' A variety of trees located at the curb and the median give the street a diverse range of colors and textuines as the seasons -progress.- - 12'-0' W -O' 32'-0' C Typical Local Access Street Scale: 1"=25' IMeLro East Public Realm-Arnenity Plan h. L L Proposed Streetscape Generous decoratively paved sidewalks provide atexturedsufaceandsualel for the areaTypical Planand Section w Improvemerits:' x:1.5': decorative. paved'4 sidewalk , �'♦! Pedestrian light'poles at±,;� � 60'o.c. In line�witfi trees' sidewalk' I t I i 15-0' I 22-V I 22'-0' 15-0' r g a Me KoelretdenmBtpuntato 401 Pedestrian Light Poles: I i �, - { �� ' ,p ff { X15-0' II Bd' ».16-0 . I,l_14'-0' h. -- 'I 1 Typical Main Street ` " Scale: 1"=25' e j�fso maa"o lMctrd*E6k Public Re..dni tlmemi} Plan .. 3�J 75B-309 Proposed Streetscape Located between First and Fourth Street, the Typical Plan and Section Pedestrian -oriented street creates a natural gathering place for the community. r Improvements: :`'37';decore6e paved street with -pedestrian orientation Bollards 5',froril one-way r,alley.at•±'10'.0.6.," �. Pedestrian light poles at t' 60'-o.6.'in line'with trees ' ■; Koelreuteria Ripinnata;21' ., fromcurba30' oic. , 37'-0• I W.O. I rr ' 37-p" , 2 6'x... , 16-0' b - --j- y 8'4 ' 18'-0' n o .�. K4elreiileria'Bipiminld. Imo. o Pedestrian Light Poles: --' jAltegralive,I ;Alten'rntive2 : Q I i Pedestrian -Oriented Street � Scale: V=25' r c, _o/sd�ran�a Xletro Gast Public Realm Mienity Plan-, 40.; 75B-310 _ p` N1:T0.0 fiatPUBOC REALM AMEIdTy RAN f1a 2.6500 kWJes Oanmor 0 a Cwthpercy0 20% 12.049,300 C'OSf ESTINAIE FOR AstElM WROWWWS 5% 3614390 Carunuctbn HMuaensent 0 5% 15614,790 5u6tntal Metro Gert Pubgs Real Money Carta IMrt Nephei of MP t Asewna hNaOon Who Reject 0ua0sn 0 20% Type C, UnIst Coet 14e1e3 (N) Iles~ (AmAstlpn) mzt of d.IW nt (N) Read.aye (eenttnml%n) cast of des.1c anent IN) 5%ewahe (.gaWn) Fust el dewkpnent (N) SWeenOa (eenstnest.0 eastoldeaell s. (M panted SW41n0O 0 Goldin Cud. Orale seurafeet SIG 35,000 SSGO.000 (N) Prvad SWm at (N) Ally . tintofd.i,.m 00 hbffg Open Swce (actpd ) e4uae feet 5125 43,500 35,437$00 essurres prep+¢ of eppraeMatety one apa of rew emn space n dctrht (N) P fi- Own Spm (h dswpe and eoftsww) t4uere feet $20 43,500 $030.000 ettwee hen.,nnent el pna eve of new open apxa (N) h M Nndsvw ImprwammU) cost of dsvebpaent Nen lana (hatdaeape and sals., htpeoe.nsants) sRuare fast $5 M.SW S14I M ' InfwOon yuan feet S3 23.500 $30,500 eibxance (In T... (enrOreen, decl&o ere fhwerhP) each S1,OW 600 saw.000 (N) Tna Guard. each $1.000 100 5100.000 Gnl e C Ome oNy (N) Tn. Gates exN 51,000 100 $100,000 Gd bele Orm..nly (N) Pedestrian Street Lighting / Pees each 53.500 235 (962500 (N) SWards sees $350 200 5150,000 (N) Teeth Raeep%ee. each $350 100 335.000 (N) Olnele. aee $1.250 100 S125,W0 (N) aicycle NeM each $1.250 100 5125AW (N) Nelrapaper Necks each SLOOO 20 S20.000 (N) Ow S tars each 530,000 3 S216Aw a5owaxe (N) Waite M / Ustdct tendty each $250.000.00 $250,000 p$4caca Gatany NunonanU each $25,000,00 2 $50,000 IS. Watt/ Faaneet / Fountahni each 350,000,00 4 3200,000 Wawanca Sub"fal Unit Cwt. f1a 2.6500 kWJes Oanmor 0 a Cwthpercy0 20% 12.049,300 ErglnaeMR aM Design 0 5% 3614390 Carunuctbn HMuaensent 0 5% 15614,790 5u6tntal Metro Gert Pubgs Real Money Carta $13.525.380 Asewna hNaOon Who Reject 0ua0sn 0 20% 1 $2,705,076 Metro East gAlia Remains Anserety Carta il6 230 456 CtivfSaiva Ana 'NIctro P851 Public Realm t�mCElity Plan 75B-311 75B-312 MAYOR Miguel A. Pulido moulidoCa Santa-ana.org MAYOR PRO TEM Michele Martinez Ward 2 m i marti nez(a)santa-ana.o rg P. David Benavides Ward 4 dbenavi des(g),santa-ana.o ro Vicente Sarmiento Ward 1 vsarmiento )santa-ana.org Jose Solorio Ward 3 *solo rio(?santa-an a.org Sal Tinajero Ward 6 stinaiero(o)sante-ana.org Juan Villegas Ward 5 ivillegas(dsa nta-ana.org EXHIBIT E q4 SAW.TQCITY OF SANTA ANA 9- 1P September 10, 2018 Economic Development, Infrastructure, Budget and Technology Committee Councilmember David Benavides Councilmember Vicente Sarmiento RE: Item #2 — Metro East Mixed Use (MEMU) of the EDIBT Agenda Dear Councilmember Benavides and Sarmiento, The objectives of the Metro East Mixed Use Overlay Zone (MEMU) are to encourage an active commercial and residential community, provide an expanded economic base, maximize property sales tax revenues, improve the jobs/housing balance within the City, and provide for a range of housing options. The MEMU creates the possibility for this area of Santa Ana to be brimming with vibrant, yet intelligently designed new development that has long lasting impacts to the City throughout the 21st Century. To achieve these objectives, the plan largely depends on the creation of new development opportunities through increasing development intensity and density, and mixed -multi uses. The plan permits construction of up to 5,551 new residential units, 1,275,440 gross square feet (gsf) of commercial (retail and service) space, as well as 3,410,507 gsf of office space. This corresponds to a potential net increase of approximately 963,000 square feet (sf) of commercial space and 690,000 sf of office space, and a potential increase in City population of 11,102 residents within the MEMU area. In my opinion, the objectives of the overlay zone has fallen short in that the new zoning does not provide a clear and transparent roadmap to incentivize or require private participation in public investments and services as well as community benefits to ensure the creation of a thriving, attractive, and sustainable city. The regulatory framework of the MEMU has not attracted developments that are consistent with the vision of the Plan in term creating a balanced community consisting of mixed residential and commercial activities. I would request for the Committee to consider and include the following transformative strategies: Embed community benefits into the zoning document so it can become a standard moving forward. Community benefits can include a Fair Share Mitigation Fund or the formation of a Community Facility District (CFD) to ensure development covers the ongoing costs for public services associated the development, attainable housing, local hire, local contracting, development fees for community facilities and programing. Outline a public engagement process that focus on early public participation and including the community and its people during the planning and design CITYATTORNEY CITY MANAGER CLERK OF THE COUNCIL Sonia R. Carvalho Raul Godinez II Maria D. Huizar 20 CIVIC CENTER PLAZA - P.�QZ( 8, 3 Ey.,N QA A� CALIFORNIA 92702 TELEPHONE (714) 647-6 0� tq,ddjj �7 ITEM #2 — METRO EAST MIZED USE (MEMU) OF THE EDIBT AGENDA September 10, 2018 development stages; creating an inclusive People Public/Private Partnership and development process. • Incorporate sustainable and green design elements such as car -sharing, pedestrian centric design, bicycle paths, urban gardens, civic open spaces, public frontage, heat island reduction, LEED requirements, etc. • Provide enhanced development intensity and density opportunity within the district for projects electing to financially participate or constructing public facilities or infrastructure. • Provide enhanced development intensity and density opportunity within the district to encourage consolidation of existing smaller parcels and development projects. • Require mixed -income development creating housing opportunities for market rate and affordable housing. • Embed design and land use development standards that balances and enhances commercial development as standalone project or within a mixed -multiuse community development concept focusing on place making and creating experiential community activity centers. It is critical that we take into consideration Property Tax Dollar Breakdown, as outlined by HdL Coren & Cone (see attachment). The Metro East Overlay Zone has the capability of expanding economic base and maximizing property sales tax revenue. The City must take into account the on-going long-term tax revenue and the expenditures of public services and facilities with each commercial and residential parcel. Please refer to the property tax breakdown provided by HDL for a full illustration of how to make best use of the area. In addition, I would request that the Committee consider directing staff to complete an in-depth fiscal and economic impact analysis of the existing and proposed MEMU regulations to refine land use and zoning regulations with a goal of creating an additional level of focus on fiscal and economic sustainability of current and future land use decisions. It is also recommended that future development projects within the MEMU area complete a fiscal and economic impact analysis evaluating the project's long range impacts, benefits, and public service and facility maintenance requirements. The immense competition that exists today amongst cities with fiscal challenges that are all competing for economic development opportunities, illustrates the challenges faced by many of these municipalities. Proactive cities that embrace this sense of urgency and prepare for it will succeed in fostering positive change, while reactive cities that remain on the sidelines will continue to suffer from the pains of indecision. The above comprehensive approach to development framework of the MEMU will have the following benefits: • Position our City for success, especially combined with Santa Ana core assets - unrivaled location and transit connections, a talented and diverse population, and great schools, libraries and neighborhoods. There is no community in Orange County that offers a better opportunity today or a bigger upside tomorrow. • Enhance the area in a way that appeals to members of our entire City and the larger region and serves as a catalyst for job creation, economic growth, private investment, and higher property values. 75B-314 ITEM #2 — METRO EAST MIZED USE (MEMU) OF THE EDIBT AGENDA September 10, 2018 • Usher Santa Ana into the 21st century, while respecting our city's history and soul, and celebrating and enhancing Santa Ana's cultural and artistic vitality. • Leverage and utilize Santa Ana's unparalleled location and transit access to provide attractive housing options for young professionals, seniors and the workforce. • Strengthen Santa Ana's tax base and provide a positive return to taxpayers by analyzing how development patterns can drive a community's tax revenues up or down. • Improve our environment through green, sustainable, energy-efficient design while creating a new skyline with iconic architecture that inspires civic pride. The lesson of the past generation is that meaningful commercial development in Santa Ana depends on three factors, all of which must be present at the same time and they are as follows: • A good economy, nationally and regionally, that provides enough fuel for investment. • A good plan that fosters both growth and preservation, and that hits the sweet spot between what we want and what the market will actually build. • Good leadership, that takes hard choices head on, works through the inevitable labor pains of change, inspires public trust, and gives investors the confidence to take risks. When all three of the above elements come together, there's no stopping our community. And they are coming together today. Finally, the MEMU is considering the permitting of religious assembly uses in all land use districts within the overlay zone subject to a conditional use permit. The economic and fiscal impact of this proposed land use refinement needs to be further evaluated. Thank you, Michele Martinez Mayor Pro Tem Attachments: 1. Objectives of the Metro East Overlay Zone 2. Property Tax Dollar Breakdown 75B-315 The Objective of the Metro East Mix Overlay Zone: The overall objectives of the Overlay Zone are to encourage a more active commercial and residential community, provide an expanded economic base, maximize property sales tax revenues, improve the jobs/housing balance within the City, and provide for a range of housing options. Creation of this Overlay Zone will also allow the City to consider subsequent actions consistent with these updates in the General Plan and Land Use designations. Response: In my personal opinion the objectives of the overlay zone has fallen short in the following areas: The new zoning does not provide in detail a clear and transparent roadmap for investment to developers and or property owners, community benefit requirements that are intended to create a thriving, attractive, and sustainable city. I would request for the city to include the following to be truly transformative: Embed community benefits into the zoning document so it can become a standard moving forward. Below are potential community benefits to be included and can also look at providing density bonuses in the districts . • Community Benefits- A new Fair Share Mitigation Fund that would help ensure that development covers any public costs associated with growth and that taxpayers receive a net benefit. The plan creates the possibility for Santa Ana brimming with vibrant, yet intelligently designed new development that would impact the City throughout the 21st Century, as it permits construction of up to, a potential increase in City population of 11,102 residents, A potential increase in the number of available residences within City limits by 5,551 units, The potential development of 1,275,440 gross square feet (gsf) of commercial (retail and service) space, as well as 3,410,507 gsf of office space. This corresponds to a potential net increase of approximately 963,000 square feet (sf) of commercial space and 690,000 sf of office space. • Inclusionary development ( community engagement "process before plan", People Public/Private Partnerships • Attainable Housing, local hire, local contracting, development fees for community, facilities and programing • Sustainability, car -sharing, pedestrian, bicycle paths, urban gardens, civic open spaces, public frontage, heat island reduction, LEED This innovative development framework can position our City for success, especially combined with Santa Ana core assets - unrivaled location and transit connections, a talented and diverse population, and great schools, libraries and neighborhoods. There is no community in Orange County that offers a better opportunity today or a bigger upside tomorrow. • Enhance our area in a way that appeals to members of our entire city and the larger region and serves as a catalyst for job creation, economic growth, private investment, and higher property values • Usher Santa Ana into the 21st century, while respecting our city's history and soul, and celebrating and enhancing Santa Ana's cultural and artistic vitality. -Leverage and utilize Santa Ana's unparalleled location and transit access to provide attractive housing options for young professionals, seniors and the workforce. 75B-316 -Strengthen Santa Ana's tax base and provide a positive return to taxpayers by analyzing how development patterns can drive a community's tax revenues up or down. Rather than looking at the total tax production of a given piece of land to gauge its economic performance, Joe Minicozzi with Urban 3 advocates looking at tax production per acre as the best way to measure a piece of land's relative value to the community. A 2013 report by Smart Growth America drives that point home. "Building Better Budgets: A National Examination of the Fiscal Benefits of Smart Growth" examined data from 17 previously completed studies from around the country and found that denser smart growth development patterns generate an average of 10 times more tax revenue per acre compared to less dense conventional suburban development. The report also found that smart growth saves municipalities an average of 38 percent on the upfront cost of infrastructure and 10 percent on the annual cost of public services. Information about the fiscal differences between various development patterns is critical because decisions about where and how to focus growth ripple through municipal budgets in any number of ways, from the cost of constructing roads and providing police and fire service to property values and tax collections. -Improve our environment through green, sustainable, energy-efficient design while creating a new skyline with iconic architecture that inspires civic pride. • The lesson of the past generation is that meaningful commercial development in Santa Ana depends on three factors, all of which must be present at the same time. A good economy, nationally and regionally, that provides enough fuel for investment. The second: A good plan, that fosters both growth and preservation, and that hits the sweet spot between what we want and what the market will actually build. And the third leg: Good leadership, that takes hard choices head on, works through the inevitable labor pains of change, inspires public trust, and gives investors the confidence to take risks. When all three of those things come together, there's no stopping us. And they are coming together today." The immense competition that exists today amongst cities with fiscal challenges that are all competing for economic development opportunities, illustrates the challenges faced by many of these municipalities. Proactive cities that embrace this sense of urgency will succeed in fostering positive change, while reactive cities that remain on the sidelines will continue to suffer from the pains of indecision. 75B-317 Do the Math! Property Tax bee THE CITY OF SANTA ANA WhImaddillipm 2017/18 USE CATEGORY SUMMARY BASIC PROPERTY TAX TABLE Category Parcels Net Taxable Value G. F. Revenue Incr. Revenue Residential 46,054 $14,747,916,898 (58.5%) $25,295,502.98 S9,783,475.82 Commercial 3,285 55,563,378,699 (22.1%) $4,706,585.54 829,924,938.83 Industrial 1,657 $3,035,719,721 (12.0%) $2,420,502.93 $18,110,00024 Agdouiaval 3 56,021,803 (0.0%) 58.842.54 $140.05 Vacant. 699 $283,791,436 (1.1%) $259,928.83 $1.447,202.13 Exempt 1,875 SO (0.0%) $0.00 50.00 Outer Parcels 0I $64.676 (0.0%) $0.00 $569.70 SBE Nonunilary 1121 $2.490.615 (0.0%) 54,392.38 $1.728.80 Cross Referenoe [3,159) $69.441,910 (0.3%) S115,040.94 $41,845.40 Unsecured [8,860) $1,490,526,499 (5.9%) $1,493,412.31 $6,900,071.10 TOTALS 53,873 1 $25,199,352,157 $34,304,208.4$ $66,209,972.07 CITY REVENUE PORTION INCREMENTAL REVENUE PORTION Due Sowro: 6anye Cwuybwww 2JI)/13 DombigOTURg4 Prepart00n 1292013 By This"boliane' b be uwd n a u( WvfcbM hews orW,pNiq 6 doove ffiteMWS MxhbW Ne wnsenw "b WL Pa17 ceana am ( Stable and Growing Source of Revenue) 75B-318 HdEr' THE CITY OF SANTAANA CORENONE PROPERTY TAX DOLLAR BREAKDOWN $ 0.3726 Santa Ana Unified General Fund I i $0.1003 Santa Ana General Fund $ 0.1830 Educational Revenue Augmentation Fund $0.0819 Rancho Santiago Canmunity College General Fund $ 0.0661 Orange County General Fund $ 0.0337 O.C. Sanitation #1 Operating S 0.0214 O.C. Dept. of Education. General Fund $0.0212 Orange County Flood Control District fe01e[e OC. Wbvsaeatln6VaN LID 38 ,,Colas adryp Cov[y Wattt as4itl 30=1 a pcouY/T2nI1AOWu S,Man Way C01N/vttW Wogated a s.M3 ammew[alea�n[n puLL cenerY ___s000013 rnan¢eway walnoama. Walnanerva $1.0000 ATI (Annual Tax Incmmentl Ration for Tax Rate Arca 11003. Excludlam Redavoloomont Factwe 6 Additlorel Debt aewlce Data SOV :02nge County Aisemw201)tlsMnual Tax ln[remenl TaDbs Plryaled On I VIlIM179y FW RnseepM Is nal[a be us[JNsupaw[aldeallswurcs wconOnubp EU[huuraslalemeMa l[ilhouf Me vrie<n[an[enlaladl. Conan A Cone Poe, 21 75B-319 Category of Property Residential TotabParcels 46,054 G.F Revenue filer. Rev $255295.502.98 $9,783.475.82 Grand Totq1 $359078.97 Commercial 3,285 $4,706.585.54 $29,924.938.83 $349631.52 Industrial 1,657 $ 22420.502.93 $18,110,000.24 $20,530.50 Vacant 699 $259,928.83 $1,447.202.13 $1,706 Exempt 1,875 $0.00 $0.00 $0.00 The Property Tax Base Is Diverse. Property taxes and charges are imposed on many types of property. For the 1 percent rate, owner—occupied residential properties represent about 39 percent of the state's assessed value, followed by investment and vacation residential properties (34 percent) and commercial properties (28 percent). Certain properties—including property owned by governments, hospitals, religious institutions, and charitable organizations—are exempt from the 1 percent property tax rate. • All Revenue From Property Taxes Is Allocated to Local Governments. Property tax revenue remains within the county in which it is collected and is used exclusively by local governments. State laws control the allocation of property tax revenue from the 1 percent rate to more than 4,000 local governments, with K-14 districts and counties receiving the largest amounts. The distribution of property tax revenue, however, varies significantly by locality. The Property Tax Has a Significant Effect on the State Budget. Although the property tax is a local revenue source, it affects the state budget due to the state's education finance system— additional property tax revenue from the 1 percent rate for K-14 districts generally decreases the state's spending obligation for education. Over the years, the state has changed the laws regarding property tax allocation many times in order to reduce its costs for education programs or address other policy interests. The State's Current Property Tax Revenue Allocation System Has Many Limitations. The state's laws regarding the allocation of property tax revenue from the 1 percent rate have 75B-320 evolved over time through legislation and voter initiatives. This complex allocation system is not well understood, transparent, or responsive to modern local needs and preferences. Any changes to the existing system, however, would be very difficult. • Economists evaluate taxes using five common tax policy criteria—growth, stability, simplicity, neutrality, and equity. The state's property tax system exhibits strengths and limitations when measured against these five criteria. • property assessment can result in different treatment of similar taxpayers. For example, newer property owners often pay a higher effective tax rate than people who have owned their homes or businesses for a long time. In addition, the property tax system may distort business and homeowner decisions regarding relocation or expansion. Table ES -1. Comparison of Existing MENU District and Proposed Expansion Existing MEMU District Proposed MEMU Expansion Existing MEMU + Expansion Combined Acres 200 Parcels 77 33 48 0 233 Increase in residential 5,551 units units 00 129 5,551 units - Net increase in 963,000 square commercial space feet 963,000 square feet 690,000 square feet 75B-321 75B-322 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED PUBLIC HEARING — RESOLUTION TO ❑ As Recommended AUTHORIZE NEGOTIATIONS FOR THE ❑ Amended E]OOrrdinance on 16' Reading SALE OF PORTIONS OF CITY -OWNED ❑ Ordinance on 2nd Reading REAL PROPERTY AT 1301 AND 1305 ❑ Implementing Resolution WEST 12TH STREET ❑ Set Public Hearing For (NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C} CI ANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Adopt a resolution authorizing direct negotiations for the sale of portions of two City -owned properties at 1301 and 1305 West 12th Street, without the need for public auction or competitive bidding, as permitted by Section 2-709 of the Santa Ana Municipal Code upon two-thirds vote of the City Council. DISCUSSION Update from August 21 2018 Council Meeting At the direction of the City Council, this item was continued from the August 21, 2018 Council Meeting in order to provide staff with an opportunity to evaluate other similarly situated properties along the Bristol Corridor that are non -conforming and able to be sold to adjacent property owners as prescribed in the Santa Ana Municipal Code. Staff identified three circumstances where the remnants do not meet the Bristol Specific Plan's zoning requirements for lot size and cannot be consolidated. The locations are detailed below: Address APN Zoning Remnant Size sf) Authorization 1301, 1305 W. 12th St 004-131-34,19 C 7,780 Today 1247 W. Santa Ana Blvd. 008-082-29 C 5,408 Future 515, 517 N. Bristol St. 008-081-26, 28 C 8,887 Future Additional Non -Conforming Sites Through consolidation, the majority of the remnant properties on Bristol Street are of sufficient size to develop pursuant to the Bristol Specific Plan. The other remaining remnant property cases designated as "future' will be addressed if any of the adjacent property owners approach 75C-1 Public Hearing — Resolution to Authorize Negotiations Sale of City -owned Real Property at 1301 and 1305 West 12th Street September 18, 2018 Page 2 the City with similar proposals to acquire and develop, or will be included for disposition with all the other properties owned by the City at a future date. 1301 and 1305 West 12th Street The subject properties at 1301 and 1305 West 12th Street (APN 004-113-34 and APN 004-113- 19, respectively) were acquired as part of Bristol Street Improvements Phase 3A from Civic Center to Washington (Exhibit 1). The Bristol Improvements include constructing a cul-de-sac located on Bristol and 12th Street, and those improvements result in the subject remnant parcels too small and irregularly shaped to independently develop (Exhibit 2). Moreover, the subject parcels, zoned Commercial, are considered "landlocked" due to their small size for its zoning (7,780 square feet) and with no independent utility access. Immediately to the north of the two subject properties, the City obtained a partial acquisition from a portion of the parking lot at 1220 North Bristol Street. The property owners of 1220 North Bristol, hereby referred to as "Marshall -Kelley," approached the City and are interested in acquiring the subject properties, in order to regain the parking spaces lost and upgrade their overall site. For these reasons, staff recommends direct negotiations with Marshall -Kelley to facilitate a sale of these properties that will be mutually beneficial to all parties. The sale of these properties would return them to the tax rolls as part of the larger commercial property. The subject parcels have a total combined area of approximately 7,780 square feet and would otherwise present a challenge to the City to market and sell to parties other than the adjacent property owner. The properties were acquired using Measure M and Gas Tax funds appropriated for this project from the Orange County Transportation Authority (OCTA). The purchase prices were based on appraised values prepared by a state -licensed appraiser. The remnant portions of these properties that will remain after the Bristol Street Improvement Project is completed will not be used by the City, and are being held for purposes of exchange or sale. Due to the funding sources used for their acquisition, the City is obligated to sell the remnants, with the proceeds used for continuation of the Bristol Street Improvements. Under the Santa Ana Municipal Code (SAMC) Section 2-706, surplus real property may be sold (after authorization by the Council) only to the highest bidder, subject to final confirmation by the Council and with notice of the sale given by newspaper publication. However, SAMC Section 2- 709, provides an exemption to this procedure and permits a sale on direct negotiations without the need for public auction or competitive bidding, upon two-thirds vote of the City Council after a duly noticed public hearing. 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). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private 75C-2 Public Hearing — Resolution to Authorize Negotiations Sale of City -owned Real Property at 1301 and 1305 West 12th Street September 18, 2018 Page 3 development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT There are no environmental impacts associated with this action FISCAL IMPACT There is no fiscal impact at this time. Revenue from the sale of these City -owned properties must be recognized in the Select Street Construction and OCTA Measure M2 Street Construction funds used for the acquisition. Upon conclusion of the negotiations, staff will bring the transaction details, including the revenues generated, for City Council authorization to recognize, receive, and distribute the proceeds in accordance with Agreement C-8-1157 between the City and OCTA. �rL �•S , Fuad S. Sweiss, , PLS Executive Director Public Works Agency FSS/EWG/JG/ST Exhibits: 1. Location Map 2. Detailed Map of Subject Properties 3. Resolution 75C-3 75C-4 4 (NTS) iml:Fyl: jai MATCFLIIE 2BELOW ROW -,IF 405.262.27 405-262-26 105-262-25 405-262.24 405.262.23 405-262-22 405.262.21 L_ __ WASHINGTON AVENUE m �'+ T 40 -274.12 n MARSHALL- N KELLEY o 4B •274-11 v 1�05.274-10 N MA VfYi am TOP LEFT LEGEND: SUBJECT PROPERTIES - PARTIAL ACOUIS Ems. PREv 10U5LY ACOUIRED IREU SANTA ANA PUBLIC HEARNG - RESOLUTION TO NEGOTIATION FOR THE SALE OF PC ED REAL PROPERTY AT P W A CXTIf 1305 WEST 12TH STREET (NON -GENERAL FUND) [Stratedc Plan No. 6.103: 3. e 75C-5 PAGE 1 OF 1 n 405.274.09 - n e •. 405.262-33 epi m 405.262.32 lMi SIREET(//(�}}}f''' 405-262-31 m N 405-262-30 _J � � Q m mm � 485-262-29 m 485.262.20 0 m MA VfYi am TOP LEFT LEGEND: SUBJECT PROPERTIES - PARTIAL ACOUIS Ems. PREv 10U5LY ACOUIRED IREU SANTA ANA PUBLIC HEARNG - RESOLUTION TO NEGOTIATION FOR THE SALE OF PC ED REAL PROPERTY AT P W A CXTIf 1305 WEST 12TH STREET (NON -GENERAL FUND) [Stratedc Plan No. 6.103: 3. e 75C-5 PAGE 1 OF 1 75C-6 4 (NTS) LEGENQ SUBJECT PROPERTIES SANTA ANA fMr3 "MA PWA EXHIBIT 2 75C-7 20 PACE 1OF1 75C-8 Imf 9/12/2018 EXHIBIT 3 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING DIRECT NEGOTIATIONS FOR THE SALE OF PORTIONS OF CITY -OWNED REAL PROPERTY AT 1301 WEST 12TH STREET AND 1305 WEST 12TH STREET 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 2016 and 2017, during the course of the Bristol Street Improvements Project, the City acquired the adjacent real property at 1301 West 12th Street and 1305 West 12th Street. B. The portions of these properties that will remain after the Bristol Project is completed have not been, and will not be, used by the City and are being held for purposes of exchange or sale. C. The owner of the property immediately north of 1301 West 12th Street and 1305 West 12th Street, known as Marshall -Kelley, LLC, operates that property on a commercial basis. Marshall -Kelley, LLC has expressed interest to acquire portions of the real property at 1301 West 12th Street and 1305 West 12th Street to upgrade its overall site and expand parking that was adversely impacted by the Bristol Project. These properties are of irregular size and shape, are zoned commercially, and have little or no independent utility. D. Santa Ana Municipal Code section 2-706 establishes the procedures for the sale of City -owned surplus real property. Under these procedures, following council authorization for sale, City -owned surplus real property shall be sold by competitive bidding to the highest bidder subject to final authorization of the City Council. E. As permitted by Santa Ana Municipal Code section 2-709, the sale of City - owned real property may be exempted from this manner of sale upon 2/3 vote of the City Council after a duly noticed public hearing, whereby the sale may instead be made upon a basis of direct negotiations without the necessity for public auction or competitive bidding, when the authority to so negotiate has been granted by the City Council. Resolution No. 2018-xxx Page 1 of 3 75C-9 Imf9112/2018 F. On September 18, 2018, the City Council held a duly noticed public hearing after which a 2/3 majority of the City Council voted to exempt the sale of portions of the real property at 1301 West 12th Street and 1305 West 12th Street from competitive bidding and authorize direct negotiations for their sale with Marshall -Kelley, LLC. Section 2. The City Council of the City of Santa Ana hereby exempts the sale of portions of the City -owned real property at 1301 West 12th Street and 1305 West 12th Street from the competitive bidding procedures in Santa Ana Municipal Code section 2- 706 and authorizes the City Manager or his or her designee to negotiate directly for their sale with Marshall -Kelley, LLC, in accordance with Santa Ana Municipal Code section 2- 709. 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 18th day of September, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: i1nk �ti Jqhn M. Funk Assistant City Attorney AYES NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor 75C-10 Resolution No. 2018-xxx Page 2 of 3 Jmf 9112/2018 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council do hereby attest to and certify the attached Resolution No 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on September 18, 2018. Date Clerk of the Council City of Santa Ana Resolution No. 2018-xxx Page 3 of 3 75C-11 75C-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 18, 2018 TITLE: PUBLIC HEARING - CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (STRATEGIC PLAN NO 4, 1) ChTJMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1n Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting on August 22, 2018, by a vote of 5:0 (Cano, Santana and Urzua absent), the Community Redevelopment and Housing Commission recommended that the City Council authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. DISCUSSION The Consolidated Annual Performance and Evaluation Report (CAPER), is part of the Consolidated Plan process that includes the Consolidated Five -Year Plan. The CAPER and Five - Year Plan are comprehensive planning and application documents that cover the three entitlement grants that the City receives annually from the U. S. Department of Housing and Urban Development (HUD). The Five -Year Plan outlines a strategy for using three grants and other resources to meet community needs as they were identified in the Plan. The three entitlement grants are Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships Program (HOME). The Five -Year Plan also identifies five-year numeric goals for meeting the identified community needs that Santa Ana will work toward during the period covered. The Consolidated Annual Performance and Evaluation Report (CAPER) (Exhibit 1), describes the activities and accomplishments for these federal entitlement grants during Fiscal Year 2017-2018. It also reports the City's success in achieving the five-year goals and objectives that are established in the Five -Year Plan. Fiscal Year 2017-2018 is the third year covered by the 2015/16 through 2019/20 Consolidated Five -Year Plan. 7513-1 Consolidated Annual Performance Evaluation Report September 18, 2018 Page 2 The following table highlights accomplishments achieved during Fiscal Year 2017-2018: Activity Accomplishments • Completed construction of Pacific Electric Community Park Capital Improvements . Completed Madison Residential Street Improvement. • Completed Roosevelt Walker Community Center. Economic Development . Offered Small Business Incentive Grants. Public Services . Funded 16 programs and served 3,734 persons. • Completed construction of a 70 unit affordable housing project at the Depot at Santiago, of which 11 units are HOME -assisted units. • Rehabilitated one single family unit and two historic homes. Completed the Orchard permanent supportive housing project with Housing investments of HOME funds and 71 project -based vouchers. This project transformed a blighted motel into housing with wrap-around supportive services for chronically homeless individuals. • Completed the last phase of the Habitat for Humanity scattered single-family home project. • Code Enforcement staff responded to 4,857 complaints covering 3,437 residential properties of which 1,643 were single family residences and 1,794 were multi -family residences within the CDBG eligible deteriorating and deteriorated areas. Code Enforcement . Code Enforcement staff issued 134 Notices of Violation, 183 Notice and Orders, and 5,466 Administrative Citations involving residential housing. As a result of these efforts, property owners have made approximately $2,599,522.50 in repairs and upgrades encompassing 451 properties. • Provided assistance to 1,862 persons through Street Outreach, Homeless Services Homeless Prevention, Rapid Re -housing or Shelter including 224 Veterans, and 193 children. HUD regulations require that the CAPER be available for a 15 -day public review and comment period prior to its submittal. On August 7, 2018, a public notice was published in the Orange County Register, La Opinion, and Nguoi Viet News and again on September 1, 2018 in the Orange County Register, indicating that the draft report would be available for review and public comment beginning August 22 through September 18, 2018. The draft CAPER was also available for public review on the City's website. All comments received in written form and at the above-mentioned public hearing will be included in the final document submitted to HUD, which is due no later than September 28, 2018. Due to the timeframe for submission, the final document may include minor revisions, pending final activity and expenditure reports. 75D-2 Consolidated Annual Performance Evaluation Report September 18, 2018 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #4 - Fiscal Sustainability, Objective #1 (maintain a stable, efficient and transparent financial environment). The CAPER reports the City's accomplishments and expenditures during the 2017-2018 fiscal year associated with the following HUD entitlement grants: Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships Program (HOME.) FISCAL IMPACT There is no fiscal impact associated with this action. Steven A. Mendoza Executive Director Community Development Agency Exhibit: 1. Draft Consolidated Annual Performance and Evaluation Report 75D-3 75D-4 CITY OF SANTA ANA DRAFT CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT July 1, 2017 - June 30, 2oi8 75D-5 CITY OF SANTA ANA CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT 2017/2018 TABLE OF CONTENTS CR -05 - Goals and Outcomes - 91.520(a)..................................................................................... 1 CR -10 Racial and Ethnic composition of (person/households/families) assisted ........................ 6 CR -15 Resources and Investments 91.520(a).............................................................................. 7 CR -20 Affordable Housing 91.520(b)......................................................................................... 11 CR -25 Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ..................... 13 .......... CR -30 Public Housing 91.220(h); 91.3200) .............................................. I................, ...... 15 CR -35 Other actions 91.2200)-(k); 91.320(i)-(j)......................................................................... 16 CR -40 Monitoring 91.220(d, e); 91.520(c)................................................................................. 19 CR -45 CDBG 91.520(c)................................................................................................................ 21 CR -50 HOME 91.520(d).............................................................................................................. 22 CR -60 ESG Subrecipient Information......................................................................................... 24 CR -65 Persons Assisted ESG 91.520(g)....................................................................................... 28 CR -70 Assistance Provided and Outcomes................................................................................ 31 CR -75 Expenditures.................................................................................................................... 32 ATTACHMENTS CDBG Activity Summary Report PR03...................................................................... Attachment 1 Actions to Address Impediments to Fair Housing Choice ........................................ Attachment 2 Program Income Detail Report PR09....................................................... :............... Attachment 3 ESG Financial Summary Data PR91.......................................................................... Attachment 4 Citizen Participation................................................................................................. Attachment 5 7501-6 CR -05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year, The City s Consolidated Plan for FY 2015/2016 through FY 2019/2020 identifies high-priority needs with quantifiable outcomes. Our progress to meet these high-priority needs Includes the following activities: Affordable Housing Opportunities - Efforts to increase affordable housing Based Vouchers, Inclusionary Housing, and Housing Successor Agency fun rehabilitation of affordable housing. Projects completed this year include affordable workforce rental housing project, utilizing funding from HQME The final phase of the scattered site project provided five single fafmi(y hb qualified families. In addition, the Orchard project which was c,. pletedl Based Vouchers to create 71 permanent supportive housin un"its. Five pipeline and will provide 306 affordable rental units. The City MMrovi. programs: Owner -Occupied Housing Rehabilitation, Mobile Home H Assistance. Additionally, the City's Housing Authorjty provides 2,699 income households. Code Enforcement - Community preservation effo perserve the City's aging housing stool Economic Development - C startup businesses. This sul development and business Homeless Activviitie's -Ti f€ funding hom-lless service 18 and utilized a8ditio unspent ESG funding it :lude committing HOME, Project - for hew construction and 401 e 69iinitDepot at Santiago )BG and.Prpject-Based Vouchers. ,�M s at affordabt_:prices to income year, utilize&RQ(vlEand Project- tiy,v rdable housingrojects are in the kources through the following Historic Home and Down Payment Choice Vouchers to very -low and deteriorating areas to to I%bLV@e technical support and grants to microenterprise mic development efforts that includes workforce lutioii's-Grrant funding was used to reduce homelessness in the City by � {�... for homeless prevention, data services, rapid re -housing, shelter and 11 to reduce homelessness in Santa Ana brought forth several initiatives in 17 - funds beyond ESG. The initiatives included: 1) the development of a webpage; 2) le amounf of approximately $60,000 reallocated to fund a pilot project to house a dozen individuals residrigoutds in the Civic Center; 3) the hiring of a homeless services manager; 4) creating an Inter -departmental committee on homelessness; 5) the dedication of a full-time police officer to homeless outreach; 6) the development of a homeless services plan, and 7) the approval of new permanent supportive housing projects for chronically homeless individuals, as well as the PSH grand opening of the Orchard. Public Facilities/Infrastructure - Efforts targeted at improving public infrastructure remain in place. A total of nine capital improvement projects were completed and an additional six are underway. Projects included residential street repaving, park improvements, facility Improvements, and construction of two new parks and a community center. OMB Control No; 25060117 (exp. 06/30/2018) [a_1saa 75D-7 Public Service Programs -The City continued to address the human service needs of the community via CDBG public services. Public services funded by the City during the report period were aimed at assisting low to moderate -income households. A total of fourteen non -profits received public service funds to assist homeless, seniors, youth and families through a variety of programs. Support of Fair Housing -To affirmatively further Fair Housing, the City continues to provide CDBG funds to the Fair Housing Council of Orange County to provide fair housing outreach. Services include fair housing outreach to tenants, landlords, property owners, realtors, and property management companies. Outreach is conducted via informational booths, presentations, staff trainings and distribution of multi-ligpualfair housing literature. Our Housing Authority staff also attended a Fair Housing training." Comparison of the proposed versus actual outcomes for each outcome rrea ure submitted with the consolidated plan and explain, if applicable, why progress was riWnade toWatd meeting goals and objectives. 91.520(g) A -6 -MM `x Aly Categories, priority levels, funding sources and amounts, outcon"is/objectives, goal outcome ludic tors, units of measure, targets, actual outcomes/outputs, and percents eC mpleted for,�each of the grantee's program year r goals. -- �. � Z. OMB Control No: 2508-0117 (exp, 06/90/2018) CAPER 7501-8 M y 6 O 4 O eai H NO 00 6) m F F- Ll1 N u .E w m � yy�� U O x ¢ 1 N N N W .E' u E. 'p T ,N ¢ z O 'i H x M w .a ii 6 O -v ° N -6 O L�l1 tip 4- Ol O Q 0 APZ�r'r?• r N 'N "1%' Y AN Q Y Y aOVI NG to oto ,a bJD N'•,, 'N VI VI Q7 VI VI y� O 0A, 0 _ 0 OO co y:..�. Y y a 9 L G O QJ G 10 m�m VI is cu U y y (�'vK • L Gl Y L N N0'A�lv S O N OG cG a 2�-;;�- L \0.' T= Iw, W'''��G. Co (0 r� Ln (n w E ti ° 5 w m 0 iii m 0 m 0 m 0 m ms:� mf m 2 O Y bn Y m 12 T NaN N 01 N C > 'y !� E a� Y a to a a a a a G u" G •o a a D c a c x E E O O O O O O 0 C N a a x a x a= a x a x O a x O O N z u o C � N N VI O1 1/ 01 VI 0J VI 61 Y Y Y 0 L+ Y N 1+ G CC aj u m ° aO M° M I a na 0O E C n v C 'gyp .G t_' ,C t: "�O C tf "�O c 't '�O C t_ ` p O vm L y o a L G o t �, o o= L h o 0 3 a L o o o n m a w G y > a p CL a= o¢= o a= o 0 a ¢¢ x O a 2 O u° w w o M rM tbu-1 u W Q u Of20 mo c1Ov y�y�� N 00 N n N m W N N n n N N N w m 0 m off° VOj N W 5��iga3�h �. pNj v ate:, __use s AW u� o CD '.tee` `a- :.^ v stf. ,O9F Q) ,O t.L.J•F Alm Y1 N Vl Y T C 3p VI L L GD `�' 04 O V in a vi in vi N O E. in L •Yri i2•r ai Nx,. \ •tii v 2¢ a a S Z - c O u 1 �hK' s m O O 4 UJ N Ql U- uf ui m � •UI UI Y N L C VI pZ3 Vf N �+ •C Vt VI _C "O •� to Q'+a LI er'p +' C O C Ul V ,w •'LN �o (O d O E Y E y E r G°l O^ O v O O =t _.. 2 a 0 0 ' m x u t N m .., N C1 rl V? vF to an vl vl. U' C7 l7 .• Im ca VA�m;a.9 OA C N 'O w C 00 C C �• Q1 —y cu � �. H c E E z 0 c E c E v v v v m o CL w O o O o ° v m w m v x E —° w x .R = E o x E o E E E E E e E> E v c E> E> S S S 2 2 z 2 z u 0 N z u O z u 0 Y N UL tiw w a w w G \ N v d Y �� a v v v v m � v E r m Q w }a ( Y 0 Y 4) Y U u C o o Y- O Y G S Q 2 Q x Q O u 2 a o x Q a LL a a` tbu-1 u W Q u Assess how the jurisdiction's use of funds, particularly CDBG,.addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. The City used HUD funding to meet the high priority needs identified in the Consolidated Plan. The following lists specific accomplishments for Program Year 2017-2018 and demonstrate the use of funds to meet our community's priority needs: Affordable Housing Opportunities • Rehabbed one single family home and two historic homes. ae • There are currently 446 affordable housing units approved, compieiesa _under development In fiscal year 2017-2018. • A City investment of $3M in HOME and CDBG funds resulted ; s. ompletlo df,the Depot at Santiago, a 69 affordable unit project including 8 project -based votchers Code Enforcement Code Enforcement staff responded to 4,857 complaints covering 3,437 residential properties of which 1,643 were single family residences and 1,794 were multi -family residences within the CDBG eligible deteriorating and deteriorated areas. Code Enforcement staff issued 134 Notices of Violation, 183 Notice and Orders, and 5,466 Administrative Citations involving residential housing. As a result of these efforts, property owners have made approximately $2,599,522.50 in repairs and upgrades encompassing 451 properties. IM I Homeless Activities • ESG funds provided Capital • Completed construe • Completed Madison • Completed Roosevel CDBG Public Services 862persop thfough Street Outreach, Homeless Prevention, Rapid ,, trX -_ you under the age of twenty-five, 224 Veterans, 410 chronically ,,reporting HIV/AIDS and 659 individuals reporting a severe mental cific Electric Community Park iai Street Improvement Community Center • Youth services provided by The Illumination Foundation, America on Track, Boys & Girls Club of Santa Ana and OC Children's Therapeutic Arts Center, Neutral Ground, Big Brothers Big Sister of OC, YMCA and Alb! included tutoring, education, recreation, fitness, and a classical music program • Youth and family services provided by The Cambodian Family and the Delhi Center included tutoring, CAPER 5 OMB Control No: 2506-0117 (exp. 06/30/2018) 75D-11 education, leadership, community beautification, parent workshops, and anti -bullying workshops • Criminal Record Expungment and Domestic Violence legal services provided by the Legal Aid Society of Orange County. • Homeless Services provided by WISEPIace included shelter and supportive services to homeless women • Access to health and social service programs by conduction outreach, education and enrollment, provided by Community Health Initiative of OC • Stop -gap housing, trauma -informed care and wrap—around services to homeless women provided by WISEPIace. Please see attached CDBG Activity Summary Report PR03 for a listing of all CDB,G'activites and r, accomplishments. CR -10 - Racial and Ethnic composition of families Describe the families assisted (including the racial and ethnic status of families Table t—Table;of.ssistancetoZRl;klandethnlc-pbpulationsbysourceoffunds715andresponses HUD requires the`Cif�to indicate I esources were utilized to benefit areas with racial/ethnic minority concentrations. Based_ga,the Celsus Bureau's ethnicity/race esimates, Santa Ana is approximately 78% Hispanic/Latino. This populations resides within the City. The second largest minority population in Santa Ana is Asian, which comprise approximately 10%of the City's population. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75D-12 [", C69GAt­ HOME ESG White 1,. 1861�e, 17 1154 Black or African American _'� 30 3 267 Asian _ 46 ., 0 55 American Indian or American Native L > ri ?7$n,_ �-.,._- 0 183 Native Hawaiian or Other Pacific Islander 0 t=" 2 18 Other245' 0 0 Total ' W. —2260 22 1677 Hispanicr^vil ;c' 1838 13 680 r.:' Not Hispanic sffli 422 9 1159 Table t—Table;of.ssistancetoZRl;klandethnlc-pbpulationsbysourceoffunds715andresponses HUD requires the`Cif�to indicate I esources were utilized to benefit areas with racial/ethnic minority concentrations. Based_ga,the Celsus Bureau's ethnicity/race esimates, Santa Ana is approximately 78% Hispanic/Latino. This populations resides within the City. The second largest minority population in Santa Ana is Asian, which comprise approximately 10%of the City's population. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75D-12 [", CR -15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG CDBG $5,949,906 $5,759,486 HOME HOME $1,207,942 $2,656,377 HOPWA HOPWA 0 0 ESG ESG $475,909 $454,245.22 Table 3 - Resources Made Available Identify the geographic distribution and location of Investments Target Area Planned PercentageT3lctuai Percentage of Narrative Description of Allocation ' rAllocatlon - c` Citywide 100 -�- �3' Citywide Low -and Moderate -Income t 'n Low -and Moderate Income area .; 47 area Table 4 — Identify the Capital projects and code services, including public moderate- income client( OMB Control No: 2506-0117 (exp. 06/30/20181 were targeted to low3abcl moderate- income areas. All other housing are targeted to serving low- and CAPER 75D-13 Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs Identified in the plan. Cities receiving HOME Program funds are generally required to provide a HOME match of 25% of their annual allocation. The City of Santa Ana has qualified for a HOME match reduction of 100%, therefore not requiring the City to provide any match as part of the HOME Program, dollar -for -dollar match requirement. However, the City requires the matcl through its funded agencies. There is no match requirement for the CDBG_ In addition, the City of Santa Ana's local inclusionary housing matched with HOME and CDBG funds for the approved devel a 58 -unit multi -family affordable housing project and theecon facility. HOME and Project -Based Vouchers have been appfo Veterans Village, a 75 unit project for homeless Veterans a- 71 unit permanent supportive housing project for chronically s of the Sa Depot at S the develo program requires a nent to be met IT. funds that were ,An Arts Collective, a"go, ab9 unit ent'of Santa Ana for the completed Orchard, a individuals. Fiscal YearS-U'mwE HOME_Matcli` 1. Excess match from prior Federal fiscal year I _0" Via` 0 2. Match contributed during curtf'nt:ederal fiscal year` 0 3. Total match available forrtu"rrent Fede al fiscal yeallYne 1 plus Line 2) 0 4. Match liability for cur{,ent Federal fise)1 year 0 5. Excess match carried over to next Federal fiscal year(One 3 minus Line 4) 0 Table g A�Ylscai Yeaai''Sumiiiary- HOME Match Report ,,.,,Match Contribution for the Federal Fiscal Year ProlectNo ,Date of Cash Foregone Appraised Required Site Bond Total or Other ID'' -Contrlbution 3_. (non "�__ Taxes, Land/Real Infrastructure Preparation, Financing Match Feder Fees, Property Construction sources Charges Materials, Donated labor Table 6—Match Contribution for the Federal Fiscal Year OMB Control No: 2506-0117 (up. 06/30/2018) CAPER 75D-14 HOME MBE/WBE report Program Income – Enter the program amounts for the reporting period Balance on hand at Amount received Total amount Amount expanded Balance on hand at begin-ning of during reporting expended during for TBRA end of reporting reporting period period reporting period $ period — $16,981.49 $233,696.21 $204,823.31 NA $45,854.39 submitting to HUD. 1 -- `F Minority Business Enterprises and Women Business Enterprises li d1&te the nu and dollar value of _4er, contracts for HOME projects completed during the reporting p4r!6'ff­`o& Total Minority Pyttiness Enterprises White Non-. Hispanic Alaskan Asian pr Bl.N,gn- acW- Hispanic" Native or Pacific Hispanic!., American Islander Indian Contracts Dollar Amount $31,189,627 0..s_u�GM 0 G 0 0 $31,189,627 Number 4 o 0 s r. 0 0 4 Sub -Contracts Number 0 0 0 0 0 0 Dollar Amount0 0 0 Tg Z_ omen Male Mess A EnterpflsgS ,F Contracts ,_- Dollar Amount; '$31,189,627 ,A-�31118 0 $31,189,627 Number I ­,_� 0 4 Sub -Contracts Number 0 1 0 0 Dollar Amount 0 0 01 Table 7 - Minority Business and Women Business Enterprises CMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75D-15 Minority Owners of Rental Property— Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Parcels Acquired Total Minority Property Owners White Non. Alaskan Native Aslan or Black Non- Hispanic Hispanic or American Pacific Hispanic Households Temporarily Indian Islander =�,,s 0 a . Number 0 0 0 0 0 0 Dollar Displaced Alaskan Qslan ar, _.. Black Non' Hispanic Amount 0 0 0 0 0 0 Table S— Minority Owners of Rental Property `_�,=u Relocation and Real Property Acquisition —Indicate the number of<#p ons displaci dLthe cost of relocation payments, the number of parcels acquired, and the cost of acqulsdron � * .m Parcels Acquired 0 0 e Businesses Displaced 0s x-:0 Nonprofit Organizations Displaced 0' Households Temporarily NemK Relocated, not Displaced =�,,s 0 a . Households Total IVlfhorlty,:Property Enterprfisas zF, White Non - Displaced Alaskan Qslan ar, _.. Black Non' Hispanic Hispanic Native or Pacific r- 'Hispanic Ar"rican Islander Indian-=, Number „D`ZNn i?0 , 0 0 0 Cost 0 0 rr 0 0 0 0 *=l1e:9 =`=Relocation and Real Property Acquisition OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75D-16 10 CR -20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate -income, and middle -Income persons served. re -housing dollars. dollars. Table 10— Number ofHouseholds�... l.. One -Year Goal Actual Number of Homeless households to be '- s provided affordable housing units 50 11 Number of Non -Homeless households to be 0 provided affordable housing units 0_ R, yG`>✓_ 58 Number of Special -Needs households to be —reJ .+.n provided affordable housing units 0 .', 0 Total 50 =fi 69 Number of households supported'throug 0r v ' :. re -housing dollars. dollars. Table 10— Number ofHouseholds�... l.. _ Table 11—Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. Discuss how these outcomes will impact future annual action plans. The City has a number of projects currently in the pipeline, which are anticipated to meet these goals in future annual action plans. Currently, five new construction projects in the development stage including the First Street Apartments, Santa Ana Arts Collective, Veterans Village, Aqua Housing, Tiny Tim. Together, these projects will yield 306 new affordable units. OMB control No: 2606-0117 (exp. 06/30/20181 CAPER 75D-17 11 Dne YearGoaY' Actual Number of households supported.through '- s Rental Assistance 0 Number of households supported through The w Fri,fi`—_ —reJ .+.n Production of New Units -11 "�-_ - 0 0 x ems: Number of households supported'throug 0r v ' MI Rehab of Existing:UntS,;;:;. a 10 30 Number of bd useholdssupported through sF Acquisitwof Existing Units_ 8 0 Total --. 18 3 _ Table 11—Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. Discuss how these outcomes will impact future annual action plans. The City has a number of projects currently in the pipeline, which are anticipated to meet these goals in future annual action plans. Currently, five new construction projects in the development stage including the First Street Apartments, Santa Ana Arts Collective, Veterans Village, Aqua Housing, Tiny Tim. Together, these projects will yield 306 new affordable units. OMB control No: 2606-0117 (exp. 06/30/20181 CAPER 75D-17 11 Include the number of extremely low-income, low-income, and moderate -income persons served by each activity where information on Income by family size Is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 1520 22 Low-income 577 0 Moderate -income 163 0 _a-:: Total 2260 submitting to HUD. OMB Control No: 2506-0117 (exp. 06/30/2018) Table 12 — Number of Households Served CAPER 75D-18 12 CR -25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction's progress In meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs In 2017-2018, the City of Santa Ana continued working closely with non-profit homeless service providers funded with ESG dollars and actively participated in various community groupsand cORi.mittees to reduce homelessness. These organizations ranged from faith -based groups, grass-roofsorganizations, Continuum of Care housing forums, and community dialogues. In January of 2017, staff, {nlV6't be first City of Santa Ana Homeless Point in Time Count and Survey. The PIT Count provided an,opportunity tp jearn more about the ,. individuals experiencing homelessness in Santa Ana, provided the.pp- nfttty to engagend provide necessary information on the types of services available to individuals and provided a roadnip focaypes of services needed to reduce and end homelessness. Through the ESG program, the City provided assistance to 1862 ss persons which Included 234 youth under the age of twenty-five, 224 Veterans, 410 HIV/AIDS and 659 individuals reporting a severe Addressing the emergency shelter and Providing ESG grant funding to non pro#it,homeless servi gv- addressed the emergency shelter and tragstional housir addition, as Issues arose,.Clfifstaff.worked.with a myriad w �a to address shelter options. Sheltering in Ivlduals a frig continue in the current,f scat yearfdaddress this issGe' Ylduals, 27 individuals reporting persons widers for shelter is one way that the City ds of homeless individuals in this fiscal year. In r nmunity partners to develop a regional approach homelessness is a priority for the City and efforts In 2016, the;Gity of Santa i3 Ana became the hos; ity for the County's year-round transitional shelter. In the 2017- 2018, thG6heltfr population atihis site grew'significantly. The shelter now provides a safe sleep for approximately�125;ndividuals each�vening and services for over 600 individuals each day. Although the shelter ;K . activities are funded by the County `the Santa Ana Police Department provide policing services in around the site. The high need for this shelterhas resulted in an overflow and those who are unable to stay at the shelter often times linger on the streetoutside. In the past, more than 150 of these individuals stayed in the Civic Center. With the help ofthe County and and Street Outreach teams, the area was cleared in April of 2018 and all individuals were offered housing options. Helping low-income individuals and families avoid becoming homeless, especially extremely low- income Individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, OMB Control No: 250"117 (exp. 06/30/2018) CAPER 7501-19 13 social services, employment, education, or youth needs The City provided funding to several non-profit groups who work directly with individuals on the verge of becoming homeless. These organizations were able to provide a wide -range of services including recuperative care as well as other discharge services. Homeless prevention funding helped to keep individuals from becoming homelessness by providing utility or rental assistance. The City works closely with the Continuum of Care and Coordinated Entry whose philosophy is Housing First. With this model, individuals or families are prioritized using the VI-SPDAT survey and then assisted to become document -ready and to be provided with rapid re- housing services. Helping homeless persons (especially chronically homeless indiv children, veterans and their families, and unaccompanied youth] u. housing and independent living, including shortening the pqlutl: experience homelessness, facilitating access for homelessindivir housing units, and preventing individuals and families wisp were homeless again. }„=_ In March 2016, the City awarded 71 project -based vouchers for the OrChar Supportive Housing project. Wrap-around case management services areF ,,. L r individuals to permanent, independent living. In Feb -55. rU 18, the Orcha it's renovation and at that time, the facility was fullnccupiUd. In fiscal year 2017-2018, 100 City for future permanentsu VASH vouchers. The City 1104 Outreach, Shelter, Rapid Re -1 the Continuum of Care's Coo 111"II7iIIiii the period of1ime that individdt �A Continuum of_Care. While California st(yggleswith h permanent housing'forhomeles OMB Control No: 25D6-0117 (exp. 06/3D/2018) families with I to permanent uals and families and becoming Permanent to ease the transition of the it's grand opening following homelessS. Military Veterans) vouchers were awarded to the projects ar d.an application was submitted for 100 additional HUD - :r ransition to housing and independent living by providing Street naless Prgvention funding to organizations who work closely with L ysterPft s through this system of care that individuals or families then assisted to become document -ready for housing. Shortening 5 experience homelessness is one of the goals of the City and the of rent, Housing First programs are being put into place to provide CAPER 7501-20 14 CR -30 - Public Housing 91.220(h); 91.3200) Actions taken to address the needs of public housing NA - The City does not have any public housing. Actions taken to encourage public housing residents to become more Involved in management and participate in homeownership NA - The City does not have any public housing. Actions taken to provide assistance to troubled PHAs N/A -The City's PHA is not troubled. However, the City utilized both the HCME and CDB, G program to support affordable housingprojects which have been combined with p ) project -based vouchers in ar`effort 2o•increase affordable housing in the City. OMB Control No: 2506-0117 (exp. 06/30/2o18) CAPER 7501-21 15 CR -35 - Other Actions 91.2200)-(k); 91.320(i) -(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential Investment. 91.220 (j); 91.320 (i) The 2014/2015-2019/2020 Consolidated Plan identified several barriers to the development of affordable housing including the following:2:,., • Limited funding sources, financial costs, and the costs of developmen..tT u<.. • Market constraints primarily the availability, cost, and competitio,( for la"fid • Available land in the City mostly consists of small parcels that must,be assembled for significant new construction projects. Relocation costs and housing rep!9G1, 0 tent,requirementsfibY Ye,.developing improved properties also presents barriers to the devej5ment o„f affordable housing'= • The region's rents have continued to increase Higher rents limited thea bility of somelower income households to obtain decent and affordable housing. Householith'no or poor credit history are severely impacted. = ,. In an effort to mitigate these barriers, Santa Ana • Continued to enforce the Housing Opportunij the specified criteria must provide: 1) If the n, minimum of 15% of the total`"n`u 6_er of units Households; 2) If the Reside Residential Project be rented to low ncomeiouseholas..or10% elect to satisfy the req the affordable?uoits. the uring the report period: ijance1K ,which new residential projects that meet - sidentiall Eject consists of units for sale, then a a project -'shall be sold or rented to Low Income 3tofrental units, a minimum of 15% of the units shall d --to very low income households; 3) Developer may payment of a fee in lieu of constructing some or all of Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) Based on the 2017 -Point in Time Count and Survey, there are 4,792 individuals experiencing homelessness in the County, with 1,392] the Central;part of the County in which Santa Ana sits. In April 2018, the City of Santa conducted its own Polnl::ri-Tirnetounty and Survey and identified 1617 individuals experiencing homelessness in Santa Ana. A challenge-1m_Orange County for the last several years has been the Santa Ana riverbed which in January, 2018, over 500 individuals were identified by County and non-profit outreach workers as living in the Santa Ana riverbed. A successful County effort was made to clear out the riverbed and to provide temporary housing while other options were considered. Options to find housing for all who are interested continues today. Because many of these individuals move from city to city, the goal of the City is to work closely with community and faithbased groups, other municipalities and the County to provide a coordinated and regional effort to address homelessness throughout the County. Several programs were funded with CDBG and ESG funds to assist underserved individuals. The number of OMB Control No; 2506-0117 (exp. 06/30/2018) CAPER 7501-22 Fty persons assisted during the report period is highlighted throughout this report. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Lead -paint hazards are typically found in buildings constructed prior to 1978; the year lead based paint was banned in the United States. Until 2012, children were identified as having a blood lead "level of concern" if blood tests resulted in 10 or more micrograms of lead per deciliter. Experts now use',reference level of 5 micrograms per deciliter to identify children with blood levels that are much high 'iff ost children's levels. Although many children remain at risk exposure to harmful lead levels (i.e.bl000a__.(ead levels greater than the CDC recommended level of 5 micrograms of lead per deciliter of blood) the CDCjfblorted a decline in blood levels in children age five and younger, largely a result ofthe phase out of.Jeaded gasoline and efforts byfederal, state, and local agencies to limit lead paint hazards in housing _-_ s All owner -occupied housing units rehabilitated during the report:period that were constructWprlor to 1978 were inspected for lead paint hazards. If the inspection found "g'e' tial jead=fiased paint hazards, the subject 20— property was tested — the average cost per test is $600. Program staff Indicates that procedures to comply with Title X has added approximately 45 days to the typical housing rehabilitation project, but more importantly, staff reports that at least some potential program parEick obtsmay have chosen notfo pursue City funds for rehabilitation because of the additional scope of work requiGd IQ mitigatqhe'lead hazards even though the cost for said work is forgiven. F = 3y �. Actions taken to reduce the numbeC of poverty level families: 91.220(k); 91.320(j) i.� SLS t n v4 Santa Ana's anti -poverty strategylncludes expanding housl opportunities and support services for low-income residents, and coordinating public aFi'd;prvte resources.to address their specific needs. Services and activities supported by the.G n m • Housing rehabilitation, rental asslstancd, and creation of new affordable housing opportunities via new construction and acqulslbon/rehaAftation activities • Homeless assistance Including prevention activities, emergency shelter, transitional housing, and access to permanent_housing opportunities; appropriate support services were blended with these activities • Public facilitympoyements to improve the overall infrastructure of the City, but more specifically for older and/or lower nwme neighborhoods • Job training, job -search skills and job placement to provide those living in poverty with new employment opportunities that pay higher wages • Youth recreation and diversion services to provide youth living in poverty with alternatives to gang and crime activities Actions taken to develop Institutional structure. 91.220(k); 91.3200) The City worked closely with local institutions to initiate programs that link economic incentives with OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 7501-23 PVI neighborhood and community development objectives. These efforts included building relationships with neighborhood associations, community-based lending agencies, nonprofits, and educational institutions. The City also supported programs aimed at enhancing coordination among various City departments. Examples of actions undertaken during the report period to overcome gaps and enhance coordination included the following: • The City's Workforce Development Board played a key role in developing employment opportunities for lower income Santa Ana residents. The WDB is comprised of various ( private employment, education, social services and government. This representation ensures that the community's workforce needs are idl variety of public and private resources. This advisory board also bring resulting in enhanced coordination of program delivery and res4 • The City participated in several homeless forums and sat on the .n xEeuu'"-NJ Continuum of Care, Through this participation, the City Cari'ens( needs of the homeless are identified and addressed through the �9 s • The City sought to encourage home ownership opportunities to high median purchase price of homes, homeownership remains than 80% of county median income. Recent increases in ho • Neighborhood residents were encourage a10 participate in neighborhood assessments and plans, and yvere kept infori .� Neighborhood Initiatives Program provided -'the m'e`anstg:fi. leaders representing the board's ddressed through a nity contacts together !rdfor the Orange County rs°toliousing,and the use of limited funds. hborhood stability: With a lalleingefor households earning less is have exacerbated this situation. aration and implementation of omelessness issues. Santa Ana's fiis participation. This coordination included working with a variety of city deparfrrlents;¢pub)M -Ut 1, fees, property owners, tenants, nonprofit _ fi agencies and the school d(stnc -_ Actions taken to enhance:cogrdination'between publicand private housing and social service agencies. 91.220(k); 91.320jj) �, �' 7 _ Z ^:tz As in past yearsSantaAnti made an eff'ort.to leverage federal funds with local and state funds to increase and preserve ts supply ofaffordable rental housing. After the dissolution of Redevelopment Agencies in Califorrna, Okitaining affordable housing resources has become more challenging; however, the City continues to seek resources"that can be used to.further affordable housing opportunities. Several affordable housing projects are moving forward currently in t1i 'City and two projects for individuals/veterans experiencing homelessness are in the pipeline. TFese are examples of how the City Is coordinating with private developers and social service agencies to create affordab(o housing opportunities in Santa Ana. The City's owner -occupied housing rehabilitation programs have been instrumental in preserving housing units occupied by lower income households. Furthermore, homeownership opportunities for low- and moderate - income homebuyers were available via the City's participation in the City's Down Payment Assistance Program. The City worked closely with Habitat for Humanity in completing the last phase of the scattered site project where single family homes were developed to be sold at affordable price and to restrict to income qualified households for a period of at least 45 years. Additionally, the Santa Ana Housing Authority provided rental assistance vouchers to very -low income households. Participants in the Housing Authority's Family Self - OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75D-24 18 Sufficiency (FSS) program were also referred to classes (available in English, Spanish and Vietnamese) on haw to prepare for homeownership. City staff met regularly with public and private organizations to coordinate various efforts. The City's relationship with nonprofit organizations in the community allowed for an integrated approach for funding requests from local, state and federal agencies. The City worked with nonprofits as they applied for funds for activities consistent with the objectives in the Consolidated Plan. The City also communicated with various institutions to facilitate the exchange of information and to develop strategies to provide benefits Homeless needs and priorities continue to be identified through the County's with the County and local ESG entitlement grantees in regard to the use of119' are held to coordinate the development of eligibility criteria, measurements, as well as to establish funding, policies, and the Homeless Management Information System (HMIS). Identify actions taken to overcome the effects of analysis of impediments to fair housing choice. S A Regional Analysis of Impediments (Al) that cove s.program years r ,4 impediments to fair housing choice on a regional' 635ts Itoutlines s identified fair housing impediments. During the 2017 201B7eprt+l following actions (on its own or in cooperation wiI nal.pa County (FHCOC)) to overcome impediments to fair housinchoice I discrimination complaints, Landlord Tehani;counselors served a tot x� addressed a total of 3260 different issues#o' include but not ;Il iter evictions and security deposits Conducted 69,community. of treact CR -40 - housing services. stem'. The City consults funds. On-going meetings ;and outcome the opehai4,and administration of dentified in thejurisdictions 16 through 2019-2020 identified faregional partners to address R g City of Santa Ana took the ie Fair Housing Council of Orange I in the regional Al: Received ten it of 945 unduplicated households and to repairs, rent agreements, retaliation, activities in Santa Ana. to monitor activities carried out in furtherance of the plan and used.Yo_ensure long-term compliance with requirements of the programs involved, n; Including mind it'Kbusiness outreach and the comprehensive planning requirements To ensure program comp(an_ce'all CDBG, HOME and ESG activities are reviewed for eligibility prior to having funds committed. Activities'by subrecipients are monitored through quarterly desk audits of invoices, a review of the subrecipient's Single Audits, and a risk assessment is conducted to identlfy high risk activities to perform on-site monitoring. Activities by City departments are monitored through a review of quarterly reports, inspection of completed projects, and review of procurement or other pertinent documentation prior to authorizing project delivery payments. A comprehensive HOME project -monitoring plan has been developed and implemented by the City. For rental projects, this plan calls for a regular review of project finances, tenant eligibility, ongoing HOME program compliance, and Housing Quality Standards (HQS) compliance. An annual recertification of CHDOs has also been implemented. The City is required to report HOME resources awarded to Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) via contracts and subcontracts in OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75D-25 0U the CAPER. In addition, CDBG requires that an effort be made to award agreements to MBE/WBE. Procurement advertisments state that MBE and WBE firms are encouraged to apply. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. The City published a notice in the general circulation of papers in English, Spanish aM Vietnamese that its CAPER ,. was available for review for public comment. The CAPER was made available fotTiSvfew at the Office of the Cleric of the Council, Community Development Agency 6th Floor Reception Area, ahY.bn the City's website.There was a 15 -day public comment period priorto the submission of the CAPER to 8UD In addition, a public hearing was held by the Community Redevelopment and Housing Commission and at th_e City Coil flymeeting to obtain public comments, with the City Council authorizing the submission o IN report to HUD i he City considered all comments received from residents, public agencies and Dther-iPterested,parties. A sur comments are included with the final submission. In addit-- a; nopsIs of the City's public comments with explanations of public comments not accepted including the re comments were not accepted. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 7501-26 to written +these 20 CR -45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes In the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. The City's program objectives remain in place. No changes to the objectives are currently planned. Does this Jurisdiction have any open Brownflelds Economic Development Initiative (BEDI) grants? No [BED] grantees] Describe accomplishments and program outcome last year. OMB Control No: 2506-0117 (exp. 06/30/2018) LKel:14il 7501-27 21 CR -50 - HOME 91.520(d) Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations. Please list those projects that should have been inspected on-site this program year based upon the schedule In §92.504(d). Indicate which of these were inspected and a summary of Issues that were detected during the Inspection. For those that were not Inspected, please indicate the reason and how you will remedy the situation. mf The City of Santa Ana conducts onsite inspections of HOME -assisted rental u.n jiduring the required affordability period to determine compliance with HUD property standards in accordagCe with,'24,CFR 92.251. HOME -assisted rental projects with one to four units are inspected every three years, oiojects wlfh%Vi _.to 25 units are inspected every two years, and projects with 26 or more units are inspected ainually For the 2017 MJ isca I year, 190 units out of 836 units were inspected. Of those units which 4 units corrected the deficiencies prior to the deficiencies at reinsertion. Provide an assessment of the jurisdiction's The City's affirmative marketing procedures and rel', containing 5 or more HOME or CDBG-assisted housk families with Section 8 tenant-base_d...rjerttal housing provided with HOME funds. The: proee-0 ks include: Methods to inform the public about Federal fair housing total of 14 units had defi6ie2� , ,:a_cipcie observed, of the inspection, and 10 unitsirorrected the ons for HOME units. 92.351(b) _apply to rentdliand homebuyer projects xpc�dures00'„aid requirements do not apply to or families with tenant -based rental assistance • The City displays the Equal Housing logo or slogan in housing -related press releases and solicitations for owne%,bnd on the.website page for„the City's Housing and Neighborhood Development Division. • Thetity requests the Podnty of Orango,to include information on the City's HOME and CDBG-assisted zM rental units in its countywide Affordable Housing List maintained by the County. Requirements and;jaractices owner must adhere to: • Owners must dispjaythe Equal Housing Opportunity logo orslogan in all correspondence with current or potential tenants,on lease agreements, and display the fair housing poster in their leasing offices, and develop written procedures forselecting tenants. • The City required owners of City HOME- and CDBG-assisted rental units to continuously review the demographic makeup of their tenants. If and when such review indicated that their tenants no longer reflected the City's minority population, they were required to inform the City of that fact and request City review and approval for the steps they took to correct that deficiency. • Compliance with the City's affirmative marketing requirements and procedures will be made an obligation of all rental property owners receiving HOME or CDBG assistance from the City of Santa Ana, OMB Cantral No; 2506-0117 (exp. 06/30/2018) CAPER 75D-28 22 and will be enforceable by means of appropriate actions described in loan documents recorded through the County of Orange. Record keeping: • The City will require owners of its HOME- and CDBG- assisted rental units covered under this marketing plan to make an annual report to the City detailing the steps they have taken to comply with this Program. They will also be required to report on the ethnicity of their tenants, as well as rents, income levels, and other household characteristics. Reports will be made on a for, rfbat is acceptable to the City of Santa Ana, and that will enable the City to capture the data it needs tQ evaluate owner compliance _mak with this Program. ' • The City will maintain records on owner reports and its evaluation of those feports for a period of not less than ten years after expiration of the affordability perlod;Fegi)red by appljcable HUD regulations. Annual assessment: • Upon receipt of owner reports, the City will evaluate thWhnic.6118 Y`acial characteristics of tenants being served to determine if they reflect the City's housing market. If they do not, the City will direct the $, owner to take further affirmative marketftig steps to correct the Imbalance. The City will track and evaluate the steps taken to insure they have3h ;desired effect. 'NQM* Refer to IDIS reports to describe the amount number of projects and owner:and tenant cP IDIS reports PR09 — Progra demonstrate the amount-% and tenant characteristics. Describe and PR 23 ncome for for projects, Including the y of Accomplishments for information including the number of projects and owner aintain affordable housing. 91.220(lo (STATES ONLY: development of affordable housing). 91.320(j) During FY 2017-2p7$,.,the City of Santa Ana received 100 project -based vouchers to develop permanent supportive housing projects with ap-around supportive services for homeless veterans and chronically homeless individuals. 'A RFP _?C released by the City for the development of these 100 vouchers. In addition, an %application was been submitted for an additional 100 HUD-VASH vouchers. There are currently five affordable housing projects in development that will provide 306 units. OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 7501-29 23 CR -60 - ESG 91.520(g) (ESG Recipients only) ESG Supplement to the CAPER in IDIS For Paperwork Reduction Act 1. Recipient Information—All Recipients Complete Basic Grant Information a Recipient Name SANTA ANA Organizational DUNS Number 083153247 EIN/TIN Number 956000785 Indentify the Field Office LOS ANGELES Identify CoC(s) in which the recipient or Santa Ana/An subrecipient(s) will provide ESG assistance ESG Contact Name Prefix Mr First Name Judson Middle Name J Last Name Brown Suffix'E Title Housin CDC ESG Contact Address a Street Address 1 20 Civic CentelM-26 we _.Plaza, Street Address 2 0. City San6%61aa i„ _* State C9' ZIP Code �92701- Phone Number- t <% •_ 7146672241 Extenslon n� 'r . �u�' 0 y4 _ `^ Fax NumbeY,_ _ _ 7146476549 Email AdAre-1 c ibrown@santa-ana.org xa ESG Secondary Contact'_=.. Prefix tv,M Ms First Name Terri ,V Last Name Eggers Suffix 0 Title Senior Community Development Analyst Phone Number 7146475378 Extension 0 Email Address teggers@santa-ana.org CAPER OMB Control No: 2506-0117 (exp. 06/30/2018) 7501-30 24 2. Reporting Period—All Recipients Complete Program Year Start Date 07/01/2017 Program Year End Date 06/30/2018 3a. Subrecipient Form — Complete one form for each subrecipient Subrecipient or Contractor Name: INTERVAL HOUSE City: Long Beach State: CA Zip Code: 90803, 4221 DUNS Number: 113510176 Is subreciplent a victim services provider: Y Subreciplent Organization Type: Other Non -Profit Or ESG Subgrant or Contract Award Amount: 42,160.83 Subreciplent or Contractor Name: MERCY HOUSE TR, City: Santa Ana State: CA =: Zip Code: 92702, 1905 DUNS Number: 879797165 y . Is subrecipient a victim services provider: N Subreciplent Organization Typo: 1 Non -Profit Ot ESG Subgrant or Contract Award Ar 4A: 80,354.00 Subreciplent or Contractor City: Huntington Beach State: CA --; Zip Code, -99842, 2737 075396882 Issubrecipldt a Subreciplent 0 r ESG Subgrant or OMB Control No: 2506-0117 (exp. 06/30/2018) irovider: N Other Non -Profit Organization Amount: 22,154.00 CAPER 75D-31 25 Subreclplent or Contractor Name: WISEPLACE City: Santa Ana State: CA Zip Code: 92706, 3904 DUNS Number: 002322894 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non -Profit Organization ESG Subgrant or Contract Award Amount: 30,654.00 Subrecipient or Contractor Name: Illumination Foundation City: Irvine State: CA Zip Code: 92606, 5124 DUNS Number: 829919047 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non -Profit Orgarilza ESG Subgrant or Contract Award Amount: 207,130.00 Subrecipient or Contractor Name: People City: Santa Ana State: CA Zip Code: 92705, 8506 DUNS Number: 884339003 , Is subrecipient a victim se Subrecipient Organizatlor ESG Subgrant or Contract City: Zip Code: 908p9, DUNS Number; Is subrecipient a Subrecipient Ort ESG Subgrant or OMB Control No: 2506-0117 (exp. 06/30/2018) N DBA 211 OC Causes, DBA City Net )rovider: N Other Non -Profit Organization Amount: 46,154.00 CAPER 75D-32 26 Subrecipient or Contractor Name: Santa Ana Police Dept -Heart City: Santa Ana State: CA Zip Code: 92701, 4058 DUNS Number: Is subrecipient a victim services provider: N Subrecipient Organization Type: Unit of Government ESG Subgrant or Contract Award Amount: 47,654.00 OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75D-33 Vii CR -65 - Persons Assisted 4. Persons Served 4a. Complete for Homelessness Prevention Activities Number of Persons in Households Total Adults 20 Children 22 Don't Know/Refused/Other 0 Missing Information 2 Total 54 Table 16 — Household Information for Homeless Prevention Activities 4b. Complete for Rapid Re -Housing Activities -An Number of Persons in Households Total Adults 23 Children 1239 Don't Know/Refused/Other P Missing Information 0 4 Total 28 �vr 1.1 e` A Alm 7 Table 17 — Household Information far Rapid Re -Housing Activ[ties P Y� :.sv 4c. Complete for Shelter1SKI LL Tri Number of PersoHs.,lrf_x, Households s Adults "• ZZ 1239 ChildrenvT- = 118 Don't Know/gefused/Other r 1 Missing Informafph;: ___ 0 Total 1358 Table 18—Shelter Informatio�j� '' OMB Control No; 25050117 (exp. 06/30/2016) CAPER 7501-34 M 4d. Street Outreach Number of Persons in Households Total Ad ults 401 Children 18 Don't Know/Refused/Other 3 Missing Information 0 Total 422 Table 19—Household Information for Street Outreach 4e. Totals for all Persons Served with ESG Number of Persons in Households Total Adults 16663 Children 193mf Don't Know/Refused/Other 3 Missing Information -" Total t 862 Table 20 — Household Information for Persons S. Gender—Complete for All Activities Table OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 7501-35 29 Total Male 995 `__ Female1 861 ~5 Transgender" -" Don't Know/Refused/ether 1 Missing information Total 1862 Table OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 7501-35 29 6. Age—Complete for All Activities Table 22 —Age Information 7. Special Populations Served—Complete for All Activities Number of Re sons..ln H Subpopulation Total Under18 33 18-24 201 25 and over 1625 Don't Know/Refused/Other 3 Missing Information 0 Total 1862 Table 22 —Age Information 7. Special Populations Served—Complete for All Activities Number of Re sons..ln H Subpopulation Total TotalPersons Total Persons Total Persons Seed ry aSefved–RRH Served in PrAmtibn ''j Emergency '` Shelters Veterans a 224 -0 0 102 Victims of Domestic ' Violence 'Elderly az 177 0 0 118 HIV/AIDS27 ` 0 0 22 Chronically Homeless ,_386 0 0 222 Pe rsonswlth;Risabilities: , Severely M6 11 659 2 7 446 Chronic Substance s, Abuse '373 0 3 251 Other Disability 798 8 15 559 Total (Might be duplicated number) 2644 10 25 1720 OMB Control No: 2506-0117 (exp, 06/30/2018) CAPER 75D-36 30 CR -70 — ESG 91.520(g) - Assistance Provided and Outcomes 10. Shelter Utilization Number of New Units- Rehabbed 0 Number of New Units - Conversion 0 Total Number of bed -nights available 102,635 Total Number of bed -nights provided 98,792 Table 24 —Shelter Capacity 11. Project Outcomes Data measured under the performan with the CoC(s) Al City staff along with other the cities of Anaheim, Garden Grove end the [ Orange'County ESG Collaborative to discuss policies and procedreek-bov variety of program and homeless issues. The City of Santa Ana alonglvttt mutually agreed upon forms: intake forms, clientpagicipation agreemei evaluating project and agency performance, and reimbursement forms fi streamlining the process for all applicable parties. Staff consu(fs.with.the numerous meetings and the in involved in the Conti— OMB Control No: 2506-0117 (exp. 06/30/20181 CAPER 7501-37 In consultation ifijnty of Orange have'`formed the be'st`to allocate ESG funds, as well as a this Collaborative continues to use 's,•,checklists for monitoring and .', rf3Ufposes of consistency and oC on a regular basis, attends 31 CR -75 — Expenditures 11. Expenditures 11a. ESG Expenditures for Homelessness Prevention Table 25 —ESG Expenditures foc'Homelessness Prevention Dollar Amount of Expenditures In Program Year -Vi 2015 2016 2017 Expenditures for Rental Assistance $50,420 $44,012 $30,882 Expenditures for Housing Relocation and g $51OD 4� $26,870 Stabilization Services - Financial Assistance 0 0 0 Expenditures for Housing Relocation &OM Subtotal $143,045 $143,179 $113,174 Stabilization Services - Services $47,662 *'75x734 $11,022 Expenditures for Housing"kelacation WkW_ Expenditures for Homeless Prevention under % $70,028 $28,235 $14,952 Emergency Shelter Grants Program 0 0� a,; 0 Subtotal Homelessness Prevention 598,082 $59,746 "KA* r EmergencySffelte'rGra fogram WiL Table 25 —ESG Expenditures foc'Homelessness Prevention _Dollar Amount oaxpenditures in Program Year -Vi 2017 2016 11b. ESG Expenditures for Rapid Re -Housing $54,315 Operations $68,025 $77,689 - Table 26 ='ESG Expenditures for Rapid Re -Housing = T - 11c. ESG Expenditures for Emergency Shelter Dollar Amount of Expenditures in Program Year _Dollar Amount oaxpenditures in Program Year 2016 2017 2016 2017 $54,315 Operations $68,025 $77,689 $58,859 Expenditures for Rental Assistance s= g $51OD $24,675 $26,870 0 0 Conversion 0 0 Expenditures for Housing Reloc$ W-9rd Subtotal $143,045 $143,179 $113,174 Stabilization Services - FindncialAssist@dee =_ Expenditures for Housing"kelacation WkW_ Stabilization Services - Serwcesz % $70,028 $28,235 $14,952 "Z Expenditures for Homeless Asslstane under - r EmergencySffelte'rGra fogram WiL Subtotal Rapid Re-Hind-466,Lous`w $121,328 $52,910 $41,822 - Table 26 ='ESG Expenditures for Rapid Re -Housing = T - 11c. ESG Expenditures for Emergency Shelter Dollar Amount of Expenditures in Program Year 2015 2016 2017 Essential Services - $75,020 $65,490 $54,315 Operations $68,025 $77,689 $58,859 Renovation 0 0 0 Major Rehab 0 0 0 Conversion 0 0 0 Subtotal $143,045 $143,179 $113,174 Table 27 — ESG Expenditures for Emergency Shelter OMB Control No: 2506-0117 (exp. 06/30/2018) CAPER 75D-38 32 11d. Other Grant Expenditures Dollar Amount of Expenditures in Program Year 2015 2016 2017 Street Outreach $125,734 $99,953 $139,147 HMIS $30,000 $30,000 $17,277 Administration $35,500 $36,687 $34,194 Table 28 -.Other Grant Expenditures 11e. Total ESG Grant Funds Total ESG Funds Expended 2015 2016:=`v n . 2017 2017 $553,689 „$422,475'. $387,520 11f. Match Source Table 29 - Total ESG Funds Expenied 0 Tablel0. �Other Fu'ndS:EWfided on Eligible ESG Activities 11g. Total y* JW Amount of Furids = 2015 2016 2015,,E2016 Q$46,512 2017 Other Non-ESG HUD Funds $10,000_, $1,102,206 $63,000 Other Federal Funds 0. . 2' $70,000 $42,477 'State Government�' $72,624 §.. 0 $48,315 Local Government X221,433 ' $87,124 $143,827 Private Funds X195,445 'y $187,809 $163,384 Other $49,015 $95,675 $74,678 Fees CP,+ 0 0 0 Program Income .. 0 0 Total Match Amount _ $548,517 $487,120 $535,681 Tablel0. �Other Fu'ndS:EWfided on Eligible ESG Activities 11g. Total y* JW Amount of Furids = 2015 2016 2017 T .Total Exden ed on ESG Activities lam $1,102,206 $909,595 $923,201 submitting to HUD. 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A _/`\« \ )�En ) ajE ' ) \q) \ La k —/ * _ t ca / +M k u § « 3 \ \ § j ` ' A $ , , E in � �\ \ \ \ /\ k £ \ 702 )] k0 ) \ � k § \ / k § / k� .2 �\ ) \ � / k § / k� .2 �\ ( ;) t�En 5CL C\{ k >Z3 \_00 rM < _) /k { « 2\ 2rm� cc E E o mo E°@» \0/§ = m ■ a LL A m jD k 9 16, | / § Go co LC LL p 51 cc cx O a 3: LC LC cc z 0 z E r- ai ol CL Q) E N 0 W A w N N Q �5 N 0 0. tha A A s =1 E F= 60 ca < z < Q FU <V5 0 M r C) a,— 2 <E x Im 0 0 m 0 a E cu U) c E E 0) 0 E u n En 0 cl CA •Ei vi 0 c < L) D w u..0 m LLI N 0) I 0-0 > < ZR ZLL U) C9 0 co 03 U) r 6 LL LL 'R cx O a 3: LC LC z 0 z 0 E N W A < N N Q �5 N Ln A A s E F= 60 ca < z < Q FU <V5 0 iU! +N W O o Fo° n M O ,N N '- owC g E > r o. J E ❑ � L O m ❑ E a j o o C C tiCC CM a a z rn c `�' Q c m + Q a v o x° v z Ln c c � E E E 0 LA Q N O .c Q 7 U m U a 35 0 0 0 0 0 12 `yo 0 000 e m a 75D-125 0 a §)} § \ e 2 //H a 2\ f /LL§ \ N) / a\ b\q § \)c Q 2f f)dG !}! = #\z!/] )/A !® ( (IL 7 k w 7 7 cz co m E �} ( \\ ƒ$ ! E � ) 0 to /// k\ /k\k & § \ | �} :§ ;( 2\ f N) / a\ § \)c §\ 2f f)dG !}! !■ #\z!/] )/A !® 5.1260) \ | �} :§ ;( C N m a m �m Gi u 7ti ti 'r rl @ II .a ; a o F a 8 s..". m 0 o ri_..- •- y E c s 6 E E .vrE O! � a o obi � A z y o. cn E::::•: C N m a m �m Gi u 7ti II .a ; 8 0 o ri_..- •- y E c s 6 E E .vrE O! � a o obi � A z y o. cn E::::•: E Ern UNI t .mm-. spa qE� ow m • c `e EO a w ¢a 0 z .5 T p ¢ H E Q u (7 n C .0 w z ¢ m a° 'o am -0 427 <�� E E < r a m E, C9.0 7 :Y%'. ¢. 2 4 n 0 N CL O m F FW- 6 W N N W U U W o it m L a g a y !E Y a U Cf o a ❑ co ❑ W H� a o .. ILL W E r a pUj a` 6 9 a y 3 S V o C y aL i," in C i� m .o m �m Gi u 7ti II .a ; 8 0 h m s 6 O! � a o obi � A z c o E UNI t m • c `e EO a w ¢a 0 z .5 T p ¢ H E Q u (7 n z ¢ m a° 427 <�� ATTACHMENT 2 75D-129 Actions to Address Impediments to Fair Housing Choice During the 2017-2018 report period the City of Santa Ana took the following actions (on its own or in cooperation with regional partners and the Fair Housing Council of Orange County (FHCOC)) to overcome impediments to fair housing choice identified in the regional Al: Fair Housing Community Education — During 2017-18, the FHCOC regionally conducted or participated in 74 education and/or outreach activities, reaching a culturally and ethnically diverse audience, in which they made participants aware of fair housing laws and counseling services (including services to help households improve their readiness for a home purchase). Thirty-three of these activities tools place in the city of Santa Ana. Regionally, over 1,200 people were served by these activities. Through its various regional outreach efforts FHCOC distributed over 13,230 pieces of literature on fair housing, its services and other housing -related topics, in either English, Spanish or Vietnamese, with 6,651 of these distributed in Santa Ana. Additionally, throughout Orange County FHCOC held 8 training sessions for rental property owners/managers. FHCOC presented 2 fair housing seminars for housing providers in cooperation with the Apartment Association of Orange County (AAOC), at AAOC's Santa Ana office. Twenty-seven general fair housing workshops intended for attendance by both housing consumers and/or providers were held throughout Orange County. Thirteen workshops occurred in Santa Ana. ■ Fair Housing Enforcement — On a regional basis, FHCOC staff received 108 allegations of housing discrimination and opened 56 cases where the allegations seemed sufficiently meritorious to warrant further investigation and/or action. Twenty-six allegations arose from Santa Ana and 13 cases involved housing in Santa Ana. On a regional basis, FHCOC also conducted 94 paired and 10 `sandwich' on- site, systemic tests for discriminatory rental housing practices, with 12 tests occurring in Santa Ana. Housing Disnute Evaluation & Resolution — On a regional basis, activities provided by FHCOC included assisting 1,952 unduplicated households addressing 5,925 issues, disputes and/or inquires. Of these, 945 unduplicated households, involving 3,260 issues, disputes and/or inquires, were from Santa Ana. • Reasonable Accommodations — On a regional basis, 13 inquiries regarding reasonable accommodations and modifications were received by FHCOC that resulted in casework beyond basic counseling. One of the inquiries arose from Santa Ana. Overall, 9 of the 13 clients requested and received a reasonable accommodation, while another request ended when the client was notable to proceed. Another client's accommodation request was denied, resulting in an administrative complaint filed with the Fair Housing and Equal Opportunity (FHEO) Office of the U.S. Department of Housing and Urban Development. One of the granted accommodations was the inquiry from Santa Ana. ■ Web -based Outreach— FHCOC's website, www.fairhousin og c_org , currently has an on-line housing discrimination complaint -reporting tool that generates an email to FHCOC. It is also used for other, non-discrimination, housing -related issues. Monitoring On-line Advertising — Orange County rentals listed on Craigslist were monitored by FHCOC for discriminatory content (as permitted by staffing limitations). Any discriminatory advertisements were flagged as prohibited and FHCOC responded to these ads through Craigslist's 75D-130 reply mechanism in order to inform the poster of possible discriminatory content. In most instances it was not possible to identify the property address and the identity of the individual malting the posting. When possible FHCOC also brought these ads to the attention of Craigslist to hasten their removal, although Craigslist reporting mechanism is no longer simple. When investigation was found to be feasible, the ad was referred to FHCOC's investigators for possible enforcement action. Other on-line rental advertising sites (e.g., OC Register, LA Times, Westside Rentals, etc.) were sporadically monitored; however, the lack of an efficient text search function on these sites made monitoring them less practical. Without exception, among the `apt / housing' Craigslist rental listings, the identified problematic postings indicated restrictions with regard to children under the age of 18 or improper preference for seniors or `older adults' for housing opportunities that did not appear to qualify as housing for older persons (age 55 and over) Overt racial or national origin discrimination was not observed. Advertising in the `rooms / shared' area of Craigslist were observed to have a higher incidence of stated preferences that violated fair housing law. However due to the practical aspects of resource limitations and case law considerations of shared housing situations, most were not acted upon. Monitor Home Mortgage Disclosure Act Data - Ongoing monitoring of Home Mortgage Disclosure Act (HMDA) data continues to be infeasible due to limited resources at FHCOC. FHCOC last was able to conduct such analysis using 2008 data (then the latest available) in conjunction with the preparation of the 2010-2015 Regional AI. Analysis of updated HMDA data from 2013, as well as other mortgage lending practices, was included as part of the City of Santa Ana's FY 2015-2020 Regional Analysis of Impediments to Fair Housing Choice (AI), which was submitted as part of its Five Year Consolidated Plan FY 2015 - 2020. ■ During 2017-18, FHCOC continued efforts to promote housing affordability within Orange County. It provided services and outreach to organizations involved in the creation and preservation of affordable housing. These groups included the Kennedy Commission, Mental Health Association of Orange County, Aids Services Foundation, Affordable Housing Clearinghouse, Jamboree Housing Corporation, Orange County Congregations Community Organizations, and Orange County Community Housing Corporation. ■ During the 2017-18 report period, FHCOC continued to offer fair housing training sessions that were open to all local government staff. Staff attending training could receive certification of their attendance. The FHCOC produced and provided written fair housing related materials in English, Spanish and Vietnamese to the City of Santa Ana. Materials were placed in public areas of City Hall. FHCOC also undertook specific outreach efforts to immigrant populations in low-income neighborhoods. On a regional basis, an estimated 1,350 limited English proficiency households were served during the 12 - month program period, through a combination of telephonic contact and in-person education and outreach activities. FHCOC also continued to implement activities under HUD Fair Housing Initiatives Program grants, for both education and outreach and fair housing enforcement. These program efforts specifically targeted fair housing services to persons with disabilities, minority groups and immigrant communities, especially immigrants with limited English proficiency. Program efforts included a fair housing testing program that sought to involve members of inunigrant populations with limited English 75D-131 proficiency, both for purposes of enforcing fair housing laws as testers and as a vehicle to increase outreach to these populations. Through its status as a HUD approved Housing Counseling agency, FHCOC assisted individuals, including those with limited English proficiency (LEP), with various housing related problems. This included being available to counsel and assist those who had received loans with documents, all prepared in English, which had terms that were different from what they believed or were informed they were obtaining, or of which they had less than a full understanding. Many of the other counseling activities under its HUD -approved Housing Counseling also assisted individuals with LEP 75D-132 ATTACHMENT 3 75D-133 Ch m m N V• m N M to m N N r 3 VI to n m m In n N N O t0 r+ N m r1 ��W `� =i �0 0, to rq M 01 fA Ili m O M t0 Oi L'ii O oi, �m ti p I� M M Ot N O O' m CA M m V' O M R• Ci V' .-� ti •gyp ti 01 O) VI n V' Ot Ln d' %D N t0 <T N tD ti ,ti O M M N m' m O W :Ln ai a x m o, a Mm Ln a¢ a 3 U' Q O O M M¢ m M O N N O O ti 0 0 N _a c Pi Q: a (^ 0: M 0) Ot to O m N In V• O d' to O n t0 H O m o rn 0 0 0 0 0 0 0 o rn o N N N N N N N N N N N N Mn n O N N d' t0 to m o 0 0 0 ry ; to N o F� n n n n n n n n n n n n n n i ' •-I H H H N H N H .-I H N H .i H MM m m m m W ti C, H C? C? N C? oo44cog4OOoOO ? 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Ln Ln L�0 W .�.I LW0 W O C O M N o V N H to m N N N N 100 O N LNn O N N ^ ti tiN ke ;ci to p; T ti N ti cm CL ca Ln V4 v v 01: m o. * *y a33 � CL au.¢ u_ E V: '�+oi u C6 s m o 20 L° m `r o o W dm tDrnwrnrnrn aam a e,m, Ln Ln ��� N N N N N N r co 00 N 9 N C>> § O +0.1 a Vr Q a O 2: N •a d V' 00 V' OD m M N .y N ati N u (p J U N M H N m rl LD .t N LO IL' H J ' A J Y N a�ia}a a~F C0 U { U m �+ N N N N N N N N N N N N w 6� H 66LnLhtn4 -I O O O o 4LDLOr Loo rt *L N l W Obdtdl6O H N Q0 O en W c6 01666 0 0 0 0 0 0 O O O O O O m M ri rl r1 00 M m 00 co Go M O o O N N N 0 O M r1 rl r1 M D1 to LD O Ol N M m M l0 N N N LD t0 N N m LD m M M M m 0 0 0 0 0 0 O N N N N N lD l0 LD <0 b <0 tD Ln VI Ln N In G: nO' U: V 0 0 } • 0 0 �pE Lii v' 0. IL V N Ln to N m O' O O C O O 5 to {12:J W W O O p o V 12 to to tD Im a N N N 75D-135 N x v; o: 4-i i&l T: of aL: w O N N O v W O. M d' ' m M O n N O n N O N lD N O N N O d: 0 0 In N O Ol Vl N O In V. Ill O O LO O W %D O rl P n O N V O 001 O N o n Obi l00 la0 M dam' O ONO O N M IvN W o co N N O O IA 'i N ti ff M ti ti ti 1p ti ti ti ti ff O1 ti l0 ti N ti v o m v o m Q o m m o M o m% o m m Q .-i LL Q '-I O' O .y O H O 'moi o 0. p 0 �mFLn m N Ln m N W O' -I O 'D -I O O m w O WH O N 0 0 O H co O W W O 0 0 W 00 O OO CO O rl OD N 'i N H 'Y H N H rl M rI N 1O '-I N lO '-IN O '-I t0 .-1 N tD '-I N to .-IN l0 H O rl N O N N t0 o ' O O foo N N N b N N a a a nnnnnnnnmmmmmmmmrommc000aumwcomoom nnn O O N N N N N N CO O b %b cOl 01 Ol 0 0 O H N H ?4 'y '? 0m O = =O NHO O M O�'-H? 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N M H H Ol m O' m O O O H H H H Dl Ol 01 1p tD O O V' d' 01 lD O m H Q O >� Ol O\ D\ N N N N M M M N In lD m m m m l0 I� Ol m N m m Ol N m 171 lD m 10 O O H H H H rl H H H H H 0 tD 0 0 H H H H tO tD ID ID kO ID tD t0 tD tD t0 tD t0 t0 O LD tD t0 t0 b � <D tD tD ko tp O t0 ID tD tD Gi O; . C� NN M C v m }� E w: W s s; a nQ. L� D, Q L� E. a' ma0l 2 }; 75D-138 RD §§) co 00 co co: k §§� mq% )).( j Go 4�&LO °al- \ k` � � � {% a§/@ 2\ /f2 22� ! /{(§,., )§ t ƒ§R t Ln 3 e2! 0. �) § § ) �! §■§ g� §f! m2� §$ 7.� , �k ) � . -�Cfd �. \\ 'Go co§ƒ _w k \�00 \ & § `E §&� cu: - } } 0)§ *' ) d Lr)d {. [ ( ) ). ) § ) ®� 7 ■; ]� n r \ ) Ln � LM ) {2 ) k K; ■ ° § / @ ) 8 2 CL: ( k ° ° . ° ° 0. 7SD.1 n M co LO ti cD ri a ao H N N M co H H .a 75D-140 n 0 n N CD a ATTACHMENT 4 75D-141 ; kLL { LL / ) / k k An }\ §E\ /ƒ2/E 0 e 0 !\ 7<§ Ma « \ /)I #} j% �- ~ E 7{ � )\ W ti E Yg m � y E8� �tiN �a O a tom �= A 2 WNO C del §tea .m m� NE°� �ER aN 8 m O L° a a rymry m p § p� C m. a @a m�§ CSO C Ol _LD N ma O § � a �WQ y 0O � U N = 0 F m � C 9 O a W N`OFK �m$ E�o N � W _G a m §a§ W N 8mo C $R VR m O8 m§a a o w N_a C m § mGm d mWLL0 Ymm N mm U 'O C m L rL ENo m W G § 120Os y Ql 0 C N W C C V C NC (� A.'8 c E N PO tt m y 00 !R 0 rn N E� LO L9 m § O ems° k 43 I u aftl, N G a N e a i i F d1 m J D0 E W0 i au -11+a S C O O V W m' N [0 ^� m O � O � O O S O O S y tD fq f0 (J tmJ o � M Qi O O O) �O e� a{ V OOV' o C 0 N O O) sf p� m m f9 O 4(I O m OI m UD 10 m [7 q m n r W Ol m m h N r N fA o t0 a OI m ' N fA 0 N M d N N ' Cl Ol C' S S .ww w ww we9 w� ww w � www ww w(fl M� O D 0 o 0 n o 0 0 o 0 a 0 o 0 0 0 0 0 0 0 0 00 0 en o 0 0 0m 0 0 0 0 0 0 m O O OI ee}} 0p m m O � ppyO app N m O O fO I� ' b P w aJ r�i m N N o m N N N til W �oey�f N m w 10 N @ N N< O O m N N N p Q V E E w w w �eii wwww w w women � w� ww U O O O O a ch a � 0 p m H O m E w E rn m ` rn m rn m m E m E rn E OR rym m 5J n1 Uim9 109 'S0 (.fmmj E$m ¢O bm mom¢FO 12 cn nx� O m m ❑ OB xHO 0 12 co�u z� w U U' Z J J 18 p Z F55 Z O N ¢ m O (¢Y 6] Ox m m m m w w 0 L a Q x g o U p MLa .............e...,o..a.1llYaS:vl3E�,:.. o�mmw .-r.�,ra:•,,:..-..,,.:.,,,..� ....�.�:,a..,.,.n-. c ....,��,.,.-...�.L.:_>., 3 i au -11+a TS -14§ \ ( \ LU / § ;(mak= !! \ \\k(u/§)(\ }� u -\!?/2\e=2m-0 ( !\/ i§ !,�»=f», !k §� a) 03 � } )rx \ / \.._/_ TS -14§ ATTACHMENT 5 75D-147 CITIZEN PARTICIPATION Inaccordance with 24 CFR 91.105(c)(3) for local governments, the public notice for the Consolidated Annual Evaluation and Performance Report (CAPER) public comment period and public hearing was published on August 7, 2018. During the 15 -day public comment period from August 20, 2018 through September 5, 2018 the CAPER was made available off ng,regular business hours between 8:00 a.m. and 5:00 p.m., Monday through Thursday intle office's of the Community Development Agency, 20 Civic Center Plaza, 6th Floor; Office of the Clerk oftfie ,. Council, 20 Civic Center Plaza, Room 809 and on the city's website. jD"n The Community Redevelopment and Housing Commission of the Cltynf Aanta Ana held a"public hearing on August 22, 2018, at 4:30 p.m. and on September 18?4j!018 at 9:45pm at the Ctty4Gouncil Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Following the 15 y public comment penod and_pgblic hearing, the City Council of Santa Ana will hear and authorize the 2017 01L/iPER on 52.tember 18, 2038. A summary of citizen comments received and copies of the public comMe,rb 'period and public . hearing notices published are included, ti SUMMARY OF PUBLIC COMMENTS SUMMARY OF PUBLIC COMMENTS RECEIVED L TBD 08/22/2018 COMMUNITY REDEVELOPMENT & No comments were received 09/18/2018 PUBLIC COMMENTff • Orange County Regi: • La Opinion - Spanish • Nguol Viet - Vietnam OMB Control No: 2506-0117 (exp. 06/30/2018) HEARING NOTICES CAPER 75D-148 AND STAFF RESPONSE: PUBLIC HEARING: 34 4. THE REGISTER 626 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796-7000 /Fax (714) 7966059 PROOF OF PUBLICATION (2015.5 C.C.P.) Stateof Califomie ) County of ORANGE ) ss , NollceType: HRG • NOTICE'OF HEARING Ad Description: NOTICE OF PUBLIC HEARING I am a citizen of the United States and a resident of the State of California:I am over the age of eighteen years, and not a party to orfmarested In the above entitled matter. I am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper published In the English language In the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 11/19/1905, Case No. A21046. That the notice, of which the annexed Is a printed copy, has Man published in each regular and entire Issue of said newspaper and not In Ty supplement thereof on the following dates, to -wit: 09/Of/2018 - Executed on: 09/01/2018 Al SANTAANA,CA I cerlify (or declare) under penalty of perjury that the foregoing Is true and correct. CNSM 316761E JAi Signature :: I IIIIIIIIIIIIIIIIIIIIIIIIIII lllllllllll�lllll�lll 111111 11111 11 End A 0 0 0 0 0 4 8 4 4 7 9 7 75D-149 This space for filing stamp and Council meetin at: httpz/Av .scn'ia• ano.orglcaHgranicu 3.091) Sl none p gunfna�s go llamaa� oft(7141 667-0467. Nucn 16nlchns tingg IL xln In t 177416o4Trrlo If you challenge he decision on he above matter, you may be II Ited to raising anry those Issuesyau• or "mom else raised deswad II Ina°`this notice, or In written car espontlenca tlal�vered to the Clty Council of the City o} sant. an. ab ar trlor to, the publk e.rins. gCClllarkof the Council THE ECISTER 75D-150